What Is the Executive Branch of the U.S. Government?

Overview of U.S. Government Structure

• Authority in the U.S. Government

  • Question of Authority

    • Who holds the authority to legislate or penalize? While power is often associated with the President, the Constitution distributes it among several entities to prevent centralized control.

  • Post-Revolution Context and the Articles of Confederation

    • After the American Revolution ended in 1783, the first attempt at government under the Articles of Confederation proved too weak, lacking the power to tax or regulate commerce.

    • The Founding Fathers convened in 1787 to draft a new Constitution that would balance federal authority with individual liberties, specifically designed to avoid any resemblance to a monarchy.

Structure of Government

• Three Separate Branches

  • The government is divided into three branches: Legislative, Executive, and Judicial, each with distinct powers and jurisdictions.

  • System of Checks and Balances:

    • Legislative on Executive: Can override vetoes with a \frac{2}{3} majority and possesses the power of impeachment.

    • Executive on Legislative: Can veto legislation and call special sessions of Congress.

    • Judicial on Both: Can declare laws or executive acts unconstitutional through Judicial Review.

Legislative Branch

• Description and Article 1

  • Defined in Article 1, it is given the first position because it represents the will of the people and holds the "power of the purse."

• Composition and Requirements

  • U.S. Senate: 100 members (2 per state). Senators must be at least 30 years old and residents for 9 years.

  • U.S. House of Representatives: 435 members (based on population). Representatives must be at least 25 years old and residents for 7 years.

• Primary Functions

  • Lawmaking: Drafting and debating bills to become federal law.

  • Fiscal Oversight: Taxing, borrowing money, and approving the national budget.

  • Checks: Approves presidential appointments (Ambassadors, Cabinet, Judges) and has the power to declare war via a formal act.

Executive Branch

• Description and Article 2

  • Defined in Article 2, led by the President and Vice President, who are elected every 4 years.

• Qualifications and Responsibilities

  • Eligibility: Must be a natural-born citizen, at least 35 years old, and a resident for at least 14 years.

  • Commander-in-Chief: Ultimate authority over the U.S. military forces.

  • Diplomacy: Negotiates treaties, which must be ratified by the Senate.

• Cabinet and Bureaucracy

  • Includes 15 executive departments (e.g., State, Justice, Energy, Education).

  • The branch employs approximately 4,000,000 people, including civilian employees and military personnel, to carry out and enforce laws.

Judicial Branch

• Description and Article 3

  • Outlined in Article 3, it handles the legal interpretation of the Constitution.

• Functions and Judicial Review

  • Interpreting Laws: Resolving disputes over how laws are applied in specific cases.

  • Judicial Review: Established by Marbury v. Madison, this allows the Court to strike down acts of Congress or the President if they violate the Constitution.

• The Supreme Court

  • The highest court in the land, consisting of 9 Justices who serve for life to maintain independence from political pressure.

  • Hears cases involving federal law, treaties, or disputes between states.

Importance of Civic Knowledge

• The Role of the Citizen

  • Democracy relies on "popular sovereignty"—the idea that government power comes from the consent of the governed.

• Civic Engagement and Responsibility:

  • Voting: The primary tool for citizens to influence government direction.

  • Legal Participation: Serving on juries and providing testimony when subpoenaed.

  • Advocacy: Lobbying or petitioning representatives to influence the legislative process.

• Maintaining an informed perspective on the separation of powers is essential to preserving the checks and balances that prevent tyranny.