Ballot Breakdown Part 1: Who Actually Runs America?
Understanding how our government works can feel confusing. In this series, we’ll take a straightforward look at how the government, laws, and policies affect our daily lives!
With all the talk of billionaires, businesses, and big interest groups influencing the government, the actual workings of the government become murky. It's time to get back to the basics -- to take a look at the United States Constitution and learn about the three branches that compose our government.
Legislative Branch
Article I of the Constitution explains the powers of the Legislative branch. As stated by the National Constitution Center, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
Because Congress has two houses -- two chambers for legislative work -- it has a bicameral legislature. However, these two houses are not the same: Members of the House of Representatives have two-year terms in comparison to the six-year terms in the Senate. The longer term in the Senate encourages more stability, while the two-year terms in the House of Representatives encourage responsiveness to the people. After all, the legislative branch is the branch that represents the people.
Besides creating statutes and writing laws, some additional powers of the legislative branch include the power to coin money, collect taxes, and declare war.
Executive Branch
What do George Washington, Abraham Lincoln, and Franklin Delano Roosevelt have in common? Besides the fact that they are all over 6 feet tall (according to Wikipedia), they were all U.S presidents.
While the legislative branch creates laws, the executive branch enforces them. In fact, Article II Section III of the Constitution specifically states that "[the president] shall take Care that the Laws be faithfully executed." (National Constitution Center)
Without getting too far into the history of term lengths, as of now, each president can serve a maximum of two four-year terms. Elected not by popular vote -- the result of each individual vote -- but by electors, the number of which is proportional to each state's population, presidential elections are a pretty big deal. After all, the President is the highest role an individual can have in America. Aside from just the president, the Executive Branch also includes the vice president, the cabinet, executive departments, and independent agencies according to USA.gov.
Some responsibilities of the executive branch and president are making treaties (with ⅔ Senate approval) and being Commander in Chief of the armed forces.
Judicial Branch
The branch responsible for interpreting the Constitution consists of eight associate justices and one chief justice, as stated by the Supreme Court of the United States website.
While the Supreme Court is the highest court in the nation, the Judicial branch actually consists of all courts established by Congress. Taking a look at a passage from Article III, which established the judicial branch, we can see the words 'appellate' and 'original' jurisdiction:
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the Supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
But what do these words actually mean?
Appellate, defined by the Merriam-Webster dictionary, is having the power to review the judgment of another tribunal. So, if a court has appellate jurisdiction in a case, it has the power to review a lower court's decision. In an oversimplified example, if the plaintiff is not satisfied with the result of a trial, they can appeal their decision, and a court with appellate jurisdiction would review it. On the other hand, we have original jurisdiction. Original jurisdiction means that a court can hear that case for the first time. The Supreme Court has limited original jurisdiction; it won't hear just any case. An example of a case where the Supreme Court would have original jurisdiction would be a case involving two states. So far, these branches seem like they have pretty distinct jobs, but they actually connect more than we think.
Checks and Balances
All in all, the judicial, executive, and legislative branch all work together to adapt with a changing America. That said, "work together" doesn't mean that the branches will appease each other all the time. While establishing the government through the Constitution, the writers built in some checks and balances to avoid tyranny.
An example of a check that the executive branch has on the legislative branch is that the executive branch can veto a law. Conversely, the legislative branch can override that veto with a ⅔ vote. As for how the judicial branch ties in, the president can nominate Supreme Court Justices, but the Senate must confirm those appointments. The judicial branch can check the other two branches by declaring legislative acts and executive orders unconstitutional (USA.gov). Aside from these, there are even more ways that the branches check each other, ranging in variety, but all of them have the common goal of protecting liberty.
Why does this matter?
If you haven't had much exposure to politics, reading this, you might feel pretty far removed from the legislative, judicial, and executive branches. Let me try to put this into perspective. Title IX, passed by Congress, prohibited discrimination based on sex in educational programs. The Social Security Administration is an independent agency part of the executive branch. The Supreme Court's decision in Brown v. Board of Education brought an end to racial segregation in schools. Each branch has such an important role in affecting our lives; they've all shaped the world that we live in today, and they will continue to develop society in the future.