Separation of Powers: A Study of the Federal Government
Governmental power and functions in the United States rest in three branches of government: the legislative, judicial, and executive. Article 1 of the Constitution defines the legislative branch and vests power to legislate in the Congress of the United States. The executive powers of the President are defined in Article 2. Article 3 places judicial power in the hands of one Supreme Court and inferior courts as Congress sees necessary to establish.
Though in this system of a "separation of powers" each branch operates independently of the others. However, there are built in "checks and balances" to prevent tyrannous concentration of power in any one branch and to protect the rights and liberties of citizens. For example, the President can veto bills approved by Congress and the President nominates individuals to serve in the Federal judiciary; the Supreme Court can declare a law enacted by Congress or an action by the President unconstitutional; and Congress can impeach the President and Federal court justices and judges.
What are the responsibilities and duties of the President of the United States?
The President is the head of the Executive Branch. The powers of the President of the United States are set forth in Article II of the Constitution. Some of these powers the President can exercise in his own right, without formal legislative approval. Others require the consent of the Senate or Congress as a whole. The following is a list of duties of the President of the United States:
National Security Powers:
- Serves as the Commander-in-Chief of the armed forces. He can authorize the use of troops overseas without declaring war. To declare war officially, though, he must get the approval of the Congress.
- Makes treaties with other nations; however, the Senate must approve any treaty before it becomes official.
- Nominates ambassadors, with the agreement of a majority of the Senate.
- Receives ambassadors of other nations, thereby recognizing those lands as official countries.
- Presents information on the state of the union to Congress.
- Recommends legislation to Congress. Despite all of his power, the President cannot write bills. He can propose a bill, but a member of Congress must submit it for him.
- Convenes both houses of Congress in special sessions.
- Approves laws passed by Congress.
- "Take care that the laws be faithfully executed" -- Article II, Section 3
- Appoints the heads of each Executive Branch department as Chief of the Government. He also appoints ambassadors, Supreme Court Justices, and other officials, with the agreement of the majority of the Senate.
- Requests written opinions of administrative officials.
- Fills administrative vacancies during congressional recesses.
- Grants reprieves and pardons for Federal crimes (except impeachment).
- Appoints Federal judges, with the agreement of the majority of the Senate.
Can you
explain national versus state government?
The first type of government in America was
based primarily on state government. Prior to the signing of the Constitution,
America had been made up of thirteen colonies, which had been ruled by England.
Following the Revolutionary War, these colonies, although they had formed a
league of friendship under the Articles of Confederation, basically governed
themselves. They feared a strong central government like the one they lived with
under England's rule. However, it was soon discovered that this weak form of
state government could not survive and so the Constitution was drafted. The
Constitution:
- defines and limits the power of the national government,
- defines the relationship between the national government and individual state governments, and
- guarantees the rights of the citizens of the United States.
Sharing power
between the national government and state governments allows us to enjoy the
benefits of diversity and unity. For example, the national government may set a
uniform currency system. Could you imagine having 50 different types of coins,
each with a different value? You would need to take along a calculator to go
shopping in another state. By setting up a national policy, the system is fair
to everyone and the states do not have to bear the heavy burden of regulating
their currency.
On the other
hand, issues such as the death penalty have been left up to the individual
states. The decision whether or not to have a death penalty, depends on that
state's history, needs, and philosophies.
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What powers are denied to the
national government and state governments?
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What are the branches of national government and a brief description of their responsibilities?
The
delegates to the
Constitutional Convention faced a difficult challenge. They wanted to ensure a
strong, cohesive central
government, yet they also wanted to ensure that no individual or small group in
the government would become too powerful. Because of the colonies’ experience
under the British monarchy, the delegates wanted to avoid giving any one person
or group absolute control in government. Under the Articles of Confederation,
the government had lacked centralization, and the delegates did not want to have
that problem again. To solve these problems, the delegates to the Constitutional
Convention created a government with three separate branches, each with its own
distinct powers. This system would establish a strong central government, while
insuring a balance of power.
Executive Branch
When the
delegates to the
Constitutional Convention created the executive branch of government, they gave
the president a limited term of office to lead the government. This was very
different from any form of government in Europe and caused much debate. The
delegates were afraid of what too much power in the hands of one person might
lead to. In the end, with a system of checks and balances included in the Constitution, a single
president to manage the executive branch of government was adopted.
The executive
branch of Government enforces the laws of the land. When George Washington was
president, people recognized that one person could not carry out the duties of
the President without advice and assistance. The President receives this help
from the Vice President, department heads (Cabinet members), heads of
independent agencies, and executive agencies. Unlike the powers of the
President, their responsibilities are not defined in the Constitution but each
has special powers and functions.
The legislative branch of government has the authority to make laws for the nation. It was established in Article I of the Constitution with the creation of Congress.
Congress is bicameral, that is, it is made up of two chambers, the Senate and the House of Representatives. This system was created by the Founding Fathers after much debate. Delegates to the Constitutional Convention from larger and more populated states wanted congressional representation to be based upon population. Fearing domination, delegates from smaller states wanted equal representation. The Great Compromise resulted in the creation of two houses, with representation based on population in one and with equal representation in the other.
Judicial Branch
The judicial
branch of government is established in Article III of the Constitution
with the creation of the Supreme Court. This court is the highest court in the
country and is empowered with the judicial powers of the government. There are
lower Federal courts but they were not created by the Constitution. Rather,
Congress deemed them necessary and established them using power granted from the
Constitution. Courts decide arguments about the meaning of laws, how they are
applied, and whether they break the rules of the Constitution. A court's
authority to decide constitutionality is called judicial review.
See also