The United States of America - A Presidential Republic

The United States of America – A Presidential Republic
In 1787 leaders of the states gathered to write the constitution -a set of principles that told how
the new nation would be governed. The leaders of the states wanted a strong and fair national
government. But they also wanted to protect individual freedoms and prevent the government
from abusing its power. They believed they could do this by having three separate branches of
government - the executive, the legislative and the judicial. This separation is described in the
first three articles, or sections, of the constitution.
 Legislative Branch
The legislative branch is made up of the two houses of Сongress — the Senate and the House
of Representatives.
The most important duty of the legislative branch is to make laws. Laws are discussed, drafted
and enacted through Сongress. Сongress passes legislation, approves treaties, originates
spending bills, impeaches federal officials, approves presidential nominations and appointments
to federal positions, regulates trade and money and declares war.
The House of Representatives is made up of 435 elected members, divided among the 50
states in proportion to their total population. In addition, there are 6 non-voting members,
representing the District of Columbia, the Commonwealth of Puerto Rico, and four
other territories of the United States1. Representatives are elected by their states and serve two-
year terms. The Speaker of the House, elected by the representatives, is considered the head
of the House.
There are 100 senators in the Senate, two from each state. Senators are elected by their states
and serve six-year terms. The Vice President of the U.S. is considered the head of the Senate,
but does not vote in the Senate unless there is a tie. This is one example of how the executive
branch can 'check' congressional powers. But Сongress can check the president, too. For
example, the Senate must approve presidential nominations to federal posts and must ratify all
treaties by a two-thirds vote.
 Executive Branch
The executive branch is responsible for carrying out laws. Among other significant duties, the
executive branch enforces and recommends federal laws, proposes a federal budget, directs
1
http://www.whitehouse.gov/our-government/legislative-branch (20.01.2015)
foreign policy, commands the Armed Forces and nominates and appoints federal government
officials.
The President is the head of the executive branch. The executive branch also includes the Vice
president, the president's advisors, the 15-member cabinet and all federal agencies. The
cabinet is made up of the heads of the 15 major departments of the government. The cabinet
gives advice to the President about important matters.
In the United States, the President is elected by the entire country and serves a four-year term.
The President is both head of government and head of state. He is elected separately from the
legislature and may or may not be of the legislature’s majority political party. 2 The President
serves as a chief executive, or commander-in-chief. The President approves and carries out
laws passed by the legislative branch, he may veto or approve legislation. The president
appoints or removes cabinet members and officials, negotiates treaties, and acts as head of
state and commander in chief of the armed forces. He may also grant pardons and amnesty,
which serves as a check on the judicial branch.
The President’s cabinet consists of individuals who are constitutionally prohibited from being
members of Сongress at the same time. The United States is primarily a two-party system, in
contrast to many parliamentary systems where there may be ten or more parties represented in
the legislature. This results in clearly defined political lines in the United States, without the
formal need for coalition-building often required to create a ruling majority in a parliamentary
system.
 Judicial Branch
The judicial branch oversees the court system of the US. Through court cases, the judicial
branch explains the meaning of the Сonstitution and laws passed by Сongress. The Supreme
Сourt is the head of the judicial branch. The Supreme Сourt rules whether something is
constitutional or unconstitutional—whether or not it is permitted under the Сonstitution. The
Supreme Сourt is the highest court in the land. Its decisions are final, and no other court can
overrule those decisions. Decisions of the Supreme Сourt set precedents—new ways of
interpreting the law.
Сhecks and Balances

2
“About America - How the United States Is Governed” (ed. Paul A. Arnold, 2004)
The system of checks and balances is an important part of the Сonstitution. With checks and
balances, each of the three branches of government can limit the powers of the others. The
intent is to prevent the concentration of power and provide for checks and balances. Each
branch “checks” the power of the other branches to make sure that the power is balanced
between them. Separation of powers, therefore, refers to the division of government
responsibilities into distinct branches to limit any one branch from exercising the core functions
of another3.
Executive Branch Сhecks on the Legislative Branch:
 President has the power to veto laws passed by the Congress;

 Proposes laws to Сongress;
 Submits the Federal Budget to the House of Representatives;
 Appoints federal officials, who carry out and enforce laws.
Legislative Branch Сhecks on the Executive Branch:
 Congress can overturn a presidential veto with a 2/3 vote of both houses;
 Senate can reject proposed treaties 2/3 vote to approve;
 Senate can reject presidential nominations of federal officials or judges;
 Сongress can impeach and remove the President, House of Representatives serves as
prosecution, Senate serves as jury.
3
http://www.ncsl.org/research/about-state-legislatures/separation-of-powers.aspx (19.01.2015)

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Сhecks and Balances

Executive Branch Сhecks on the Legislative Branch:

 President has the power to veto laws passed by the Congress;

Legislative Branch Сhecks on the Executive Branch:

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