Lecture 2: The Three Branches of Government
Lecture 2: The Three Branches of Government
LEARNING OBJECTIVE
Students will be:
· able to identify the three branches of government and explain the responsibilities of each one.
- create a model representing learned concepts using higher-level thinking
I. Introduction
The United States is constituted of 50 states along with the District of Columbia, the seat of the national government. They were only 13 states when the Constitution was written in 1787. Indeed, delegates of these states met in Philadelphia Hall of Residence in 1787 and wrote the Constitution after notorious argument and much debate. It was officially adopted by these states in 1790. It was also amended repeatedly and its first amendments were called the Bill of Rights. This Constitution set the basic form of government: Three (03) distinct and separate branches, each one having powers over the two others. In fact, the powers given to each one are balanced by the power of the other two; thus guaranteeing that no branch could exert dictatorial authority over the working of government.
II. The Legislative Branch (Congress)
It is made up of the Senate and the House of Representatives. There are 100 senators, 2 from each state. They represent all the people in a state and their interests. A Senate term is six years and there is no limit to the number of terms an individual can serve. There are 435 elected Representatives in the House of Representatives, which are divided among the 50 states in proportion to their total population i.e. their number from each state is based upon its population. A Representative serves a two-year term, and there is no limit to the number of terms an individual can serve.
The legislative branch drafts proposed laws, confirms or rejects presidential nominations for heads of federal agencies, federal judges, and the Supreme Court, and has the authority to declare war. Each can vote against legislation passed by the other. The legislation becomes a law only if both houses agree, so compromise between the two chambers is necessary. It can also regulate commerce among the states and with foreign countries. American citizens have the right to vote for Senators and Representatives through free, confidential ballots.
III. The Executive Branch (President)
The president in the U. S. A. is elected every four year to four years terms of office. He is elected directly by voters. So he is not chosen by the political party with the majority of Senators and Representatives. American citizens have the right to vote for the president and vice president through free, confidential ballots.
Key roles of the executive branch include:
ü 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.
President’s policies must be approved by the House of Representatives and the Senate before they can become law. Within this branch, there are 13 executive departments: States, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Resources, Housing and Urban Development, Transportation, Energy and Education. Each department is established by law and each is responsible for a specific area as their names indicate. The head of each one is appointed by the President. These appointments must be approved by the Senate and these heads are responsible to the President and only serve as long as the President wants them. In fact, they are considered as presidential assistants and advisers. They meet together; they are termed as the President’s Cabinet.
ü 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.
ü 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.
IV. The Judicial Branch (Federal Judiciary)
The third branch of government is called the federal Judiciary. Its main instrument is the Supreme Court, which supervises the other two branches. In fact, it determines whether or not their laws and acts are in accordance with the Constitution. Congress is responsible for fixing the number of judges sitting on the court but it cannot change the powers given to the Supreme Court by the Constitution itself.
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.
ü 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.
ü If there is an even number of Justices and a case results in a tie, the lower court’s decision stands.
ü There is no fixed term for Justices. They serve until their death, retirement, or removal in exceptional circumstances.
The Supreme Court has direct jurisdiction in only two kinds of cases: those involving foreign diplomats and those in which a state is a party. All the other cases which reached the court are appeals from lower courts. So, it chooses which of these it will hear. It has also the right to declare laws and actions of the federal state and local governments unconstitutional.
V. State Government Vs. Federal Government
The State Government manages affairs such as maintaining order, educating children and young adults, building highways...whereas, the Federal Government deals with the national problems, international relations as well as regional problems that involve more than one state.
