Separation of Powers and Checks and Balances
The federal government is organized into three co-equal branches to prevent any single branch or person from acquiring too much power. Through checks and balances, each branch possesses specific constitutional mechanisms to review and limit the actions of the other two.
1. The Legislative Branch (Congress)
Congress makes all federal laws and consists of two chambers:
- The Senate: 100 voting members (2 from each of the 50 states). Senators serve 6-year terms and represent all people of their entire state. The Vice President serves as the constitutional President of the Senate.
- The House of Representatives: 435 voting members, apportioned among the states based on population (states with larger populations have more representatives). Representatives serve 2-year terms. The leader of the House is the Speaker of the House.
2. The Executive Branch (President & Cabinet)
The executive branch is responsible for enforcing and administering federal laws.
- The President: Elected every 4 years in November through the Electoral College. The President is the head of state, head of government, and Commander in Chief of the military.
- How a Bill Becomes a Law: Congress passes a bill; the President can sign it into law or veto it. Congress can override a veto with a two-thirds vote in both chambers.
- Presidential Succession: If the President can no longer serve, the Vice President becomes President. If both the President and Vice President cannot serve, the Speaker of the House becomes President.
- The Cabinet: Advises the President. It includes the Vice President and the heads of 15 executive departments (such as the Secretary of State, Secretary of Defense, Secretary of the Treasury, and the Attorney General).
3. The Judicial Branch (Federal Courts)
The judicial branch interprets the laws, resolves legal disputes, and decides whether federal or state laws violate the Constitution (judicial review).
- The Supreme Court: The highest court in the United States, composed of 9 justices led by the Chief Justice of the United States. Justices are nominated by the President, confirmed by the Senate, and serve for life during good behavior.
Division of Powers: Federal vs. State Government
Under the Constitution's system of federalism, powers are divided between the national government and state governments:
- Federal Powers (Enumerated Powers): Printing currency, declaring war, maintaining the armed forces, and entering into treaties with foreign nations.
- State Powers (10th Amendment Reserved Powers): Providing public education and schooling, providing police protection and safety, issuing driver's licenses, and approving zoning and land use.
- State Executives: The Governor is the chief executive of each state government. The seat of state government is the state capital.