Governmental power and functions in the United States rest in three branches of government: the legislative, judicial, and executive. Article I 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. A complete diagram of the branches of the U.S. Government may be found in the U.S. Government Manual.
Each branch of the federal government operates independently of the others, referred to as the "separation of powers." However, there are built in "checks and balances" to prevent overwhelming 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.
Legislative Branch
The United States Congress is made up of two houses -- the House of Representatives and the Senate. This two house system is known as a bicameral legislature. The primary duty of Congress is to write, debate, and pass bills, which are then sent to the president for his signature . Other congressional duties include investigating pressing national issues and supervising the executive and judicial branches. Every two years, voters get to choose all 435 Representatives and a third of the Senators. The entire House membership faces re-election every two years, but the Senate is a continuing body because there is never an entirely new Senate. A new Congress begins in January following Congressional elections. Since the First Congress, which met from 1789 to 1791, all Congresses have been numbered in order. We are currently in the 112th Congress. For the most part, the House and Senate each meet in their respective chamber in the U.S. Capitol in Washington, D.C.
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The Powers of Congress
The Constitution grants Congress "all legislative powers" in the national government. Congress also controls federal taxing and spending policies-one of the most important sources of power in the government. Article I, Section 8, of the Constitution lists a wide range of congressional powers, including:
- Coining money.
- Maintaining a military.
- Declaring war on other countries.
- Regulating interstate and foreign commerce
One of the most important implied powers is Congress's authority to investigate and oversee the executive branch and its agencies, such as the Department of Defense and the Department of Justice. As part of this responsibility, which is known as oversight, Congress summons senior officials to answer questions from members, orders audits of agencies, and holds hearings to air grievances of citizens.
Congress also holds hearings on matters of general public concern. Sometimes members of Congress conduct these hearings to identify problems that create a need for new laws. In other cases Congress holds hearings to raise public awareness about an issue.
There are, however, some congressional powers that are rarely used such as the ability to impeach an official and the ability to amend the Constitution.
In addition to the power described above, Congress shares powers with the president in matters such as, framing U.S. foreign policy and control over the military. For example, while the president negotiates treaties, they are only put into effect once the Senate approves them. Also, while Congress can declare war and approve funds for the military, the president is the commander-in-chief of the military.
The House of Representatives
There are a total of 435 members in the House of Representatives. Seats in the House are distributed based on the population of each state. Each state is guaranteed at least one seat , Massachusetts currently has 10 seats in the House of Representatives . As of the 2000 U.S. Census, the area each member represents, a congressional district, contains approximately 647,000 residents.
Representatives, elected for two-year terms, must be 25 years old, a citizen for at least seven years, and a resident of the state from which they are elected. Five additional members —from Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbia— serve as delegates to the House. While they may participate in debates and hold committee positions, they cannot vote on the House Floor.
The House has special jobs that only it can perform. Only it can:
- Initiate bills imposing taxes.
- Decide if a government official should be put on trial before the Senate if s/he commits a crime against the country.
What is the Role of the State Government?
While each state sends representatives to Washington, D.C. to make federal laws, s tates have their own legislatures, that create laws that apply only in their own state. Our State Representatives and State Senators work in the Massachusetts State House in Boston. According to the Constitution, states can make laws in any area not reserved to the federal government. If you want to learn more about the Massachusetts state government visit Mass.gov
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