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The 3 Branches of Government

Essay by   •  November 22, 2010  •  Research Paper  •  1,523 Words (7 Pages)  •  2,117 Views

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The 3 Branches of Government

The constitution was established by men who had experienced the dictatorships of Europe and had escaped from its grasp. They sought to establish a form of government that would never allow a dictatorship or tyrant ruler to hold power over the people like in the places they had fled. With their creation of the foundation of what our government is today they created a system where 3 branches were all of equal power and each could be overruled by another which prevented any branch becoming superior of another. The separation of powers provides a system of shared power called Checks and Balances.(2) The three branches are legislative, judicial and executive and they each have specific powers to balance those of the other branches. The Legislative branch is made up of the House and Senate. The Executive branch is made of the President, Vice-President, and the Departments. The Judicial branch is made of the Federal courts and the Supreme Court. Each of these branches has certain powers, and each of these powers is limited, or checked, by the other two branches. By forcing the three branches to be monitored by the others, no one branch can gain enough power to become superior over the others. The American Governments system of being divided into 3 branches that can restrain one another is the most efficient way to govern the U.S. in a fair manner and without any branch becoming more powerful than another.

The Legislative Branch, also known as the Congress, is made up of two houses and their main job is to make the laws of the nation.(1) They are also responsible for checking the actions of the other two branches that make up the Federal government. The two houses that make up the legislative branch are, the House of Representatives and the Senate. Some of the main powers of this branch consist of: the passing of all federal laws; establishment of all lower federal courts; can override a Presidential veto; and can impeach the President. (1) The lower house is the House of Representatives which is made up of members called Representatives. To qualify for becoming a House member a person must be 25 years old or older, must have been a U.S. citizen for seven years, and must live in the district he or she plans to represents. (1) Each state has a number of Representatives depending on the population of that state and each state has at least one Representative. The maximum limit to the number of Representatives is 435. These 435 seats are divided among the states every ten years. Representatives serve for two years at a time, and every second November there is a new election where they are chosen by the people in a direct election. (1) The House is required to choose a Speaker for itself who is in charge over the proceedings of the House and is the highest position in the House leadership. Other leadership positions are the Majority and Minority Leaders, and the Majority and Minority Whips. The Minority Leader would generally be the Speaker if his party were the majority.(1) The whips act as a median between the leadership and the other House members. The Senate is the Upper House and its members are called Senators. The qualifications for Senators are similar to those of house representatives, he or she must be 30 years old or older, must have been a U.S. citizen for nine years, and must live in the state they plan to represent.There is again no restriction of sex, race, class, social standing, or any other classification, for both a Senator or House representative . Each state has two Senators, no matter what the size of the state happens to be. A Senators term lasts six years and like the other house members every second November there is a new election. The Vice President of the United States is the President of the Senate but he is a non-voting member unless a vote of the Senate ends in a tie which causes him to cast the deciding vote. If the Vice President is not available there is a what is called a President pro tempore or basically a temporary president. Like the House, the Senate leadership also has Majority and Minority Leaders and Whips. Since our Congress is bicameral, a system of self-checking is practiced. For example, bills have to be passed by both Houses prior to ratification.

The duty of the Executive Branch is to enforce the laws of the United States. (1) The branch is headed by the President of the United States. The President is the most influential person in the government and represents our nation to the rest of the world. However, the actions and opinions stated by our President represent the Executive branch as a whole. The president depends upon many people who advise him in how to try to gain the highest level of satisfaction for the American people.The President has several constitutional duties aside from the general "enforce the laws" duty. These are:

Ð'* To be Commander in Chief of the military

Ð'* To conduct foreign affairs

Ð'* To negotiate treaties with other nations

Ð'* To nominate members of the cabinet, judiciary, etc.

Ð'* To review and sign or veto bills

Ð'* To administer the laws of the nation

Ð'* To issue pardons as he sees fit

Ð'* To address the Congress from time to time to assess the state of the nation

The powers of the Executive consist of: veto power over all bills; appointment of judges and other

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