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EXPLORING THE USA

United States Federal Government


Introduction
• The Federal Government of the United States (U.S. Federal
Government) is the national government of the US, composed
of 50 states, one district (Washington, D.C.) and several territories
• The federal government is composed of three distinct branches:
legislative, executive, and judicial whose powers are vested by the
U.S. Constitution in the Congress, the President, and the federal
courts, respectively.
• The powers and duties of these branches are further defined by
acts of Congress, including the creation of executive departments
and courts inferior to the Supreme Court.
How the U.S. Government Is Organized

• The Constitution of the United States divides the federal government


into three branches to make sure no individual or group will have too
much power:
–Legislative—Makes laws (Congress—House of Representatives
and Senate)
–Executive—Carries out laws (President, Vice President, Cabinet,
most federal agencies)
–Judicial—Evaluates laws (Supreme Court and other courts)
1. Legislative Branch
• The Legislative Branch:
–drafts proposed laws;
–confirms or rejects presidential nominations for heads of federal
agencies, federal judges, and the supreme court;
–has the authority to declare war.
• This Branch includes Congress (the Senate and the House of
Representatives) and special agencies and offices that provide support
services to Congress.
• American citizens have the right to vote for Senators and
Representatives through free, confidential ballots.
1. Legislative Branch
• Senate: There are two elected senators per state, totaling 100 senators.
A senate term is six years and there is no limit to the number of terms
an individual can serve.
• House of Representatives: There are 435 elected representatives, which
are divided among the 50 states in proportion to their total population.
There are additional non-voting delegates who represent the District of
Columbia and the territories. A Representative serves a two-year term,
and there is no limit to the number of terms an individual can serve.
2. Executive Branch
• The Executive Branch carries out and enforces laws. It includes the
President, the Vice President, the Cabinet, executive departments,
independent agencies, and other boards, commissions, and committees.
• American citizens have the right to vote for the President and Vice
President through free, confidential ballots.
2. Executive Branch - Key roles
• President: The President leads the country. He or she is the head of
state, leader of the federal government, and Commander in Chief of the
United States Armed Forces. The President serves a four-year term and
can be elected no more than two times.
• Vice President: The Vice President supports the President. If the
President is unable to serve, the Vice President becomes President. The
Vice President can be elected and serve an unlimited number of four-
year terms as Vice President, even under a different President.
• The Cabinet: Cabinet members serve as advisors to the President. They
include the Vice President, heads of executive departments, and other
high-ranking government officials. Cabinet members are nominated by
the President and must be approved by a simple majority of the
Senate—51 votes if all 100 Senators vote.
3. Judicial Branch
• The Judicial Branch interprets the meaning of laws, applies laws to
individual cases, and decides if laws violate the Constitution. It's
comprised of the Supreme Court and other federal courts.
• Supreme Court: The Supreme Court is the highest court in the United
States. The Justices of the Supreme Court are nominated by the
President and must be approved by the Senate.
–Nine members make up the Supreme Court— a Chief Justice and
eight Associate Justices. There must be a minimum or quorum of six
justices to decide a case.
–There is no fixed term for justices. They serve until their death,
retirement, or removal in exceptional circumstances.
3. Judicial Branch

• Federal Courts and Judicial Agencies: The Constitution gives Congress


the authority to establish other federal courts to handle cases that
involve federal laws including tax and bankruptcy, lawsuits involving
U.S. and state governments or the Constitution, and more. Other
federal judicial agencies and programs support the courts and research
judicial policy.
Confirmation Process for Justices
• Appointments for Supreme Court Justices and other federal judgeships
follow the same basic process:
–The President nominates a person to fill a vacant judgeship.
–The Senate Judiciary Committee holds a hearing on the nominee and
votes on whether to forward the nomination to the full Senate.
–If the nomination moves forward, the Senate can debate the
nomination. Debate must end before the Senate can vote on whether
to confirm the nominee. A Senator will request unanimous consent to
end the debate, but any Senator can refuse.
Confirmation Process for Justices
• Without unanimous consent, the Senate must pass a cloture motion to
end the debate. It takes a simple majority of votes—51 if all 100
Senators vote—to pass cloture and end debate about a nomination.
• Once the debate ends, the Senate votes on confirmation. The nominee
for Supreme Court or any other federal judgeship needs a simple
majority of votes—51 if all 100 Senators vote—to be confirmed.
The Constitution of the United States
• We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the
common defence, promote the general Welfare, and secure the Blessings
of Liberty to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.
The Constitution: What Does it Say?
• The Constitution of the United States contains a preamble and
seven articles that describe the way the government is structured and
how it operates. The first three articles establish the three branches of
government and their powers: Legislative (Congress), Executive
(office of the President,) and Judicial (Federal court system). A
system of checks and balances prevents any one of these separate
powers from becoming dominant. Articles four through seven
describe the relationship of the states to the Federal Government,
establish the Constitution as the supreme law of the land, and define
the amendment and ratification processes.
The Constitution: What Does it Say?
• Article I assigns the responsibility for making laws to the Legislative
Branch (Congress). Congress is divided into two parts, or “Houses,”
the House of Representatives and the Senate. The bicameral Congress
was a compromise between the large states, which wanted
representation based on population, and the small ones, which wanted
the states to have equal representation.
• Article II details the Executive Branch and the offices of the
President and Vice President. It lays down rules for electing the
President (through the Electoral College), eligibility (must be a
natural-born citizen at least 35 years old), and term length. The 12th
and 25th Amendments modified some of these rules.
The Constitution: What Does it Say?
• Article III establishes the Judicial Branch with the U.S. Supreme
Court as the federal court system’s highest court. It specifies that
Federal judges be appointed for life unless they commit a serious
crime. This article is shorter than Articles I and II. The Federal
Convention left much of the work of planning the court system to the
First Congress. The 1789 Judiciary Act created the three-tiered court
system in place today.
• Article IV outlines states’ powers in relationship to each other. States
have the authority to create and enforce their own laws but must
respect and help enforce the laws of other states. Congress may pass
Federal laws regarding how states honor other states’ laws and
records.
The Constitution: What Does it Say?
• Article V explains the amendment process, which is different and
more difficult than the process for making laws. When two-thirds of
the Senate and two-thirds of the House of Representatives vote to
change the Constitution, an amendment goes to the state legislatures
for a vote. Alternatively, two-thirds of the state legislatures can
submit an application to Congress, and then Congress calls a national
convention at which states propose amendments.
The Constitution: What Does it Say?
• Article VI states that Federal law is supreme, or higher than, state
and local laws.
• Article VII describes the ratification process for the Constitution. It
called for special state ratifying conventions. Nine states were
required to enact the Constitution. Rhode Island became the 13th
state to ratify the Constitution in 1790. that if a state law conflicts
with a Federal law, Federal law takes precedence.

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