Legislative
The legislative branch of government, established in Article I of the
Constitution, makes new national laws and modifies existing ones. Under the Constitution this duty is carried out by the Congress,
a bicameral body divided into the Senate and House of Representatives. Members of both chambers are directly elected by the
people of the state they represent. The House of Representatives has 435 members, with the number representing each state
decided according to population size, elected every two years. The Senate is based on equal representation, with each state
supplying two of the 100 members, and each has a six-year term.
The founding fathers wanted to check the power of the majority by giving
smaller states extra representation, and gave Senators a longer term in office so that they would be less subject to popular
pressures.
Congress
Congress has wide-ranging powers including control over federal taxing
and spending and the right to coin money or declare war on other countries. Its primary duty is to write, debate and pass
bills before they are sent to the president. Money bills can only originate in the House, but both houses need to approve
a bill before it can be passed.
Another key task is overseeing the executive branch of government.
Congressional committees are tasked with ensuring the government is being run competently and without corruption. To assist
in this they can summon senior officials for questioning and demand audits of executive agencies. Congress can also hold hearings
on matters of general public concern.
How the president can check the legislature:
- Can veto a bill Congress has passed
- Can call special sessions and force an adjournment when both Houses
cannot agree on adjournment
- Can temporarily appoint senior officials without Senate approval when
it is in recess
- Congress cannot reduce the president's salary while he or she is in
office.
How the judiciary can check the legislature:
- Has the power to declare laws unconstitutional
- Congress cannot reduce a judge's salary while he or she is in office
- Chief justice presides over impeachment trials.
Congressional Agencies
As congressional work has grown and become more complex, Congress has
come to rely on the advice and assistance of a large number of auxiliary agencies and a large congressional staff. One of
the most important agencies is the Congressional Budget Office, a group of experts in economics and statistics, who aid legislators
by providing independent, impartial advice on the president's budget proposals. Another is the Library of Congress, which
serves Congress as a research facility, and is also the US national library and home to some of its most precious texts, including
copies of the Declaration of Independence and the Constitution.
Judicial
It is the job of the judicial branch of the government to interpret
the laws passed by Congress. It consists of the Supreme Court and the lower federal courts. In interpreting the law the courts
may find that a law - including those passed by individual states - violates the Constitution. By declaring a law unconstitutional
the courts play an important role in determining the law of the land.
Supreme Court
The Supreme Court is the highest court in the US. Its decisions cannot
be appealed and can only be changed by another Supreme Court decision or a constitutional amendment. The number of justices
serving on the court is determined by Congress rather than the Constitution, but since 1869 it has always consisted of one
chief justice and eight associate justices. They are nominated by the president and approved by the Senate, and have their
jobs for life, unless they resign, retire, or are removed from office. The key responsibilities of the Supreme Court is to
examine laws and government actions to ensure they do not violate the principles laid down in the Constitution. This practice,
known as judicial review, allows the court to strike down laws that do not conform to the Constitution.
How the president can check the judiciary:
- Appoints judges
- Has power to pardon convicted criminals
How the legislature can check the judiciary:
- Approves federal judges
- Has power to impeach and remove judges
- Can initiate constitutional amendments and can alter the size and
structure of courts
- Sets court budgets
Lower courts
Along with the establishment of a supreme court, Article III of the
US Constitution calls for Congress to create any other federal courts necessary to interpret and apply the federal laws of
the land. In response Congress has created a number of district courts, appeal courts and several specialised courts such
as the Tax Court, which hears cases regarding federal taxes. There are 94 district courts spread throughout the US and its
overseas territories. They are the trial courts of the federal judicial system and have jurisdiction in federal criminal cases
and civil cases. There are 13 courts of appeals - one for each of the 11 geographical regions, called circuits, one for the
District of Columbia, and one hearing cases from specialised lower courts. These 13 courts hear cases on appeal from the federal
district courts and other lower courts.
However, most legal cases in the US - including nearly all criminal
cases - are tried by state courts, using state laws, which can vary greatly between states (for example, in the use of the
death penalty).
Executive
The executive branch of government is responsible for enforcing the
laws of the land. It is made up of the president, the vice-president, the Cabinet and a number of what are known as independent
agencies. At the head of the executive branch is the US president, who must "take care that the laws be faithfully executed"
and "preserve, protect and defend" the Constitution. In order to carry out this duty, he or she presides over a vast organisation
of federal departments and agencies, which has grown over the course of history and now employs about four million people.
President
In addition to leading the executive branch, the president is the head
of state and commander in chief of the military. The president's duties include negotiating international treaties, signing
or vetoing bills, appointing members of the Cabinet, judiciary and ambassadors and issuing pardons for federal offences. Thanks
to its superpower status the US president is often cited as the most powerful person on Earth. But while the office does have
significant authority it is limited by the checks and balances enshrined in the Constitution. However the power of the press
and the importance of foreign policy has enormously boosted the authority of the president in recent times.
How the legislature can check the president:
- Can refuse to pass a bill the president wants or to approve presidential
appointments
- Must approve budget, declarations of war and treaties
- Can override presidential vetoes and use impeachment powers to remove
the president from office
- Chooses the winner of a presidential or vice-presidential election
when no candidate has a majority of electoral college votes
- President must periodically report to Congress by delivering a State
of the Union address
How the judiciary can check the president:
- Can declare executive orders unconstitutional
- Chief justice sits as president of the Senate during presidential
impeachment trials
Vice-President
The vice-president is the second-highest executive officer and assumes
the top role if the president cannot continue in office. He or she serves as president of the Senate, overseeing procedural
matters, and has the ability to cast a deciding vote in the event of a tie. The vice-president also presides over a joint
session of Congress when it formally counts electoral votes for presidential elections. The role grew in strength in the 20th
Century when it became customary to invite vice-presidents to Cabinet meetings and when, in 1949, Congress made the vice-president
one of four statutory members of the National Security Council.
Executive office of the president
The staff of the executive office serves the president directly and
when he or she is replaced the office may be completely reorganised. The bodies which make up the executive office advise
the president and carry out the detailed work of implementing presidential policies and programmes. Playing leading roles
in the executive office are the National Security Council (NSC) and the Office of Management and Budget (OMB). The NSC advises
and assists the president on national security and foreign policy matters. It is chaired by the president and includes the
vice-president, national security adviser and secretaries of state, defence and the treasury. The OMB assists the president
in overseeing the preparation of the federal budget and formulating the president's spending plans.
Cabinet
The Cabinet is traditionally made up of the vice-president and the
heads of the 15 executive departments - agriculture, commerce, defence, education, energy, health and human services, homeland
security, housing and urban development, interior, labour, state, transportation, treasury, veterans' affairs, and the attorney
general. These department heads are appointed by the president, and must be approved by a majority vote of the Senate. Other
officials or agencies can be given Cabinet rank if the president chooses.
Cabinet members must work closely with the congressional committees
who control their budgets and write the laws they have to implement. While some cabinet members are key advisors to the president,
others may essentially serve in a more adminstrative capacity.
Independent agencies
There are several administrative divisions of the executive branch
whose roles have been separated from formal control of the president and are considered independent extensions of the government.
These agencies and commissions are established by Congress to help execute policy or provide special services. They are diverse
in make-up and responsibilities and include the Central Intelligence Agency, the Post Office, and the Environmental Protection
Agency.