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Students will learn the structure and function of the three Branches  of the US Government 

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Students will learn the structure and function of the three Branches  of the US Government 

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Success Criteria

Compare the purpose of each branch of Government

What are the checks and Balances between each branch of government

Explain which branch of the US Government is the most powerful.

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Act: Legislation that has passed both houses of Congress and has been either approved by the President, or has passed Congress over his veto, thus becoming law.

Bill: Formally introduced legislation. Most ideas for new laws, called legislative proposals, are in the form of bills and are labeled as H.R. (House of Representatives) or S. (Senate), depending on where they are introduced. They are also numbered in the order that they are introduced during each Congress. For example, a bill might be called H.R. 10 if it’s the tenth bill introduced in the House of Representatives or S. 42 if it’s the forty-second bill introduced in the Senate. Public bills deal with matters that affect the general public and become Public Laws, or Acts, if approved by Congress and signed by the President. Private bills deal with matters that affect specific individuals or private entities, such as claims against the Federal Government, immigration and naturalization cases, land titles, and other topics. They become private laws if approved and signed. An enrolled billis one that has been passed by both houses of Congress (Senate and House of Representatives), signed by their presiding officers, and sent to the President for signature.

Calendar: A list of bills, resolutions, and other matters scheduled to be considered before committees or on the floor of either House of Congress. A Congressional Calendar is an agenda or list of business awaiting possible action by the House or Senate.

Committee(s): Committees are groups of Members of Congress appointed to investigate, debate, and report on legislation. Standing Committeesare the most common type of committee; they consider bills and other legislation that is before the House or the Senate. Subcommittees are subsets of a standing committee that are established for the purpose of dividing the committee's workload. The recommendations of a subcommittee must be approved by the full committee before being reported to the Senate or House.

Congress: The two houses of the legislative branch of the Federal Government: the U.S. Senate and the House of Representatives. There are currently 100 U.S. Senators, 435 U.S. Representatives, 5 Delegates, and 1 Resident Commissioner. Congress is also referred to as a bicameral legislaturebecause of its two legislative houses or chambers.

Federal: About or relating to the central, national Government of the United States.

Hopper: In the House, a wooden box that bills are dropped in to be officially introduced. In the Senate, a bill is handed to a clerk at the rostrum.

Legislation: A law or a body (set) of laws.

Motion: A formal suggestion or proposal that an action be taken related to the process of making a law.

Report: The printed record of a committee’s actions, including its votes, recommendations, and views on a bill, a question of public policy, or its findings and conclusions based on oversight inquiry, investigation, or other study.

Resolution: A proposal approved by either or both houses of Congress which, except for joint resolutions signed by the President, does not have the force of law. Resolutions generally fall into one of three categories. Simple resolutions, designated H. Res. or S. Res., deal with matters entirely within the prerogatives of the respective house. Concurrent resolutions, designated H. Con. Res. or S. Con. Res., must be passed by both houses, but are not presented for signature by the President. Concurrent resolutions generally are used to make or amend rules applicable to both houses, or to express the sentiment of the two houses. Joint Resolutions, designated H.J. Res. or S.J. Res., require the approval of both houses, and, with one exception, the signature of the President, and have the force of law if approved. There is no real difference between a bill and a joint resolution. The latter is generally used in dealing with limited matters, such as a single appropriation for a specific purpose, or for the declaration of war. Joint resolutions are also used to propose amendments to the Constitution, but these do not require the President's signature.

Tabling Motion: A motion to stop action on a pending proposal and to lay it aside indefinitely. When the Senate or House agrees to a tabling motion, the measure which has been tabled is effectively defeated.

Unanimous Consent: An agreement among members of Congress to set aside a specified rule of procedure to expedite proceedings. In the Senate, for example, if there are no objections, unanimous consent is allowed. But if even a single Senator objects, the unanimous consent request is rejected. Unanimous consent requests with short-term effects are normally granted. However, ones affecting the floor schedule, the conditions of considering a bill or other business, or the rights of other Senators, are normally not offered, or a floor leader will object to it, until all Senators concerned have had an opportunity to accept it.

Veto: The constitutional procedure that happens when the President does not sign a bill or joint resolution into law. A regular veto happens when the President returns the bill to the originating house of Congress without approval. It can be overridden only by a two-thirds vote in both the House and the Senate. A pocket veto happens after Congress has adjourned and is unable to override the President’s action.

For a full list of vocabulary words that are used in Congressional legislation, explore the following resources:

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Leadership of the House of Representative

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Leadership of the House of Representative

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The speaker is the principal leader of the House or Assembly. The speaker typically will:

Preside over the daily sessions of the chamber.

Preserve order in the chamber

State parliamentary motions

Rule on parliamentary questions

Appoint committee chairs and members

Refer bills to committee

Sign legislation, writs and warrants and

Act as the official spokesperson for the House or Assembly

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The roles and responsibilities of legislative leaders vary considerably among the states. Listed below are brief synopses of the duties typically associated with selected leadership positions.

President of the Senate

The president is the principal leader of the Senate. The president typically will:

Preside over the daily sessions of the Senate

Preserve order in the chamber

State parliamentary motions

Rule on parliamentary questions

Appoint committee chairs and members

Refer bills to committee

Sign legislation, writs and warrants

Act as the official spokesperson for the Senate

In about 26 states, the lieutenant governor serves as the president of the Senate, and many of these duties are assumed by the president pro tem.

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The judicial branch is in charge of deciding the meaning of laws, how to apply them to real situations, and whether a law breaks the rules of the Constitution. The Constitution is the highest law of our Nation. The U.S. Supreme Court, the highest court in the United States, is part of the judicial branch. The Supreme Court is made up of 9 judges called justices who are nominated by the President and confirmed by the Senate. The justices hear cases that have made their way up through the court system.

The main task of the Supreme Court is to decide cases that may differ from the U.S. Constitution. Once the Supreme Court makes a decision in a case, it can only be changed by a later Supreme Court decision or by changing or amending the Constitution. This is a very important power that can affect the lives of many people.

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Term limits for congress

There is no Term limit for the House of Representative

There is no Term limit for the US Senate

The Vice President casts the deciding vote if there is a tie in the US Senate.

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The legislative branch is in charge of making laws. It is made up of the Congress and several Government agencies. Congress has two parts: the House of Representatives and the Senate. Members of the House of Representatives and the Senate are voted into office by American citizens in each state. There are currently 100 Senators, 435 Representatives,

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The executive branch of our Government is in charge of making sure that the laws of the United States are obeyed. The President of the United States is the head of the executive branch. The President gets help from the Vice President, department heads (called Cabinet members), and heads of independent agencies. Here are some of the things those people do:

The President leads the country and commands the military.

The Vice President becomes President if the President can no longer do the job and is also President of the Senate.

Department heads advise the President on issues and help carry out decisions made by the Government.

Independent Agencies also help carry out decisions made by the Government or provide special services.

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There are three, and only three, standing qualifications for U.S. Senator or Representative in Congress which are expressly set out in the U.S. Constitution: age (25 for the House, 30 for the Senate); citizenship (at least seven years for the House, nine years for the Senate); and living in the state at the time elected.

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Checks and Balances between the 3 Branches

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Checks and Balances between the 3 Branches

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The Constitution divided the Government into three branches: legislative, executive, and judicial. That was an important decision because it gave specific powers to each branch and set up something called checks and balances. Just like the phrase sounds, the point of checks and balances was to make sure no one branch would be able to control too much power, and it created a separation of powers. Here are some examples of how the different branches work together:

The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto.

The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.

The executive branch, through the Federal agencies, has responsibility for day-to-day enforcement and administration of Federal laws. These Federal departments and agencies have missions and responsibilities that vary widely, from environmental protection to protecting the Nation’s borders.

The President in the executive branch can veto a law, but the legislative branch can override that veto with enough votes.

The legislative branch has the power to approve Presidential nominations, control the budget, and can impeach the President and remove him or her from office.

The executive branch can declare Executive Orders, which are like proclamations that carry the force of law, but the judicial branch can declare those acts unconstitutional.

The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations.

The judicial branch interprets laws, but the Senate in the legislative branch confirms the President’s nominations for judicial positions, and Congress can impeach any of those judges and remove them from office.

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Powers of the House and Senate

Each house of Congress has the power to introduce legislation on any subject except revenue bills, which must originate in the House of Representatives. The large states may thus appear to have more influence over the public purse than the small states. In practice, however, each house can vote against legislation passed by the other house. The Senate may disapprove a House revenue bill -- or any bill, for that matter -- or add amendments which change its nature. In that event, a conference committee made up of members from both houses must work out a compromise acceptable to both sides before the bill becomes law.

The Senate also has certain powers especially reserved to that body, including the authority to confirm presidential appointments of high officials and ambassadors of the federal government as well as authority to ratify all treaties by a two-thirds vote. Unfavorable action in either instance nullifies executive action.

In the case of impeachment of federal officials, the House has the sole right to bring charges of misconduct that can lead to an impeachment trial. The Senate has the sole power to try impeachment cases and to find officials guilty or not guilty. A finding of guilt results in the removal of the federal official from public office.

The broad powers of the whole Congress are spelled out in the eighth section of the first article of the Constitution:

to levy and collect taxes;

to borrow money for the public treasury;

to make rules and regulations governing commerce among the states and with foreign countries;

to make uniform rules for the naturalization of foreign citizens;

to coin money, state its value, and provide for the punishment of counterfeiters;

to set the standards for weights and measures;

to establish bankruptcy laws for the country as a whole;

to establish post offices and post roads;

to issue patents and copyrights;

to set up a system of federal courts;

to punish piracy;

to declare war;

to raise and support armies;

to provide for a navy;

to call out the militia to enforce federal laws, suppress lawlessness or repel invasions by foreign powers;

to make all laws for the District of Columbia; and

to make all laws necessary to enforce the Constitution.

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The Constitution of the United States divides the federal government into three branches to make sure no individual or group will have too much power:

Legislative—Makes laws (Congress—House of Representatives and Senate)

Executive—Carries out laws (president, vice president, Cabinet, most federal agencies)

Judicial—Evaluates laws (Supreme Court and other courts)

Each branch of government can change acts of the other branches:

The president can veto legislation created by Congress and nominates heads of federal agencies.

Congress confirms or rejects the president's nominees and can remove the president from office in exceptional circumstances.

The Justices of the Supreme Court, who can overturn unconstitutional laws, are nominated by the president and confirmed by the Senate.

This ability of each branch to respond to the actions of the other branches is called the system of checks and balances.

Legislative Branch

The legislative branch drafts proposed laws, confirms or rejects presidential nominations for heads of federal agencies, federal judges, and the Supreme Court, and has the authority to declare war. This branch includes Congress (the Senate and House of Representatives) and special agencies and offices that provide support services to Congress. American citizens have the right to vote for Senators and Representatives through free, confidential ballots.

Senate—There are two elected Senators per state, totaling 100 Senators. A Senate term is six years and there is no limit to the number of terms an individual can serve.

House of Representatives—There are 435 elected Representatives, which are divided among the 50 states in proportion to their total population. There are additional non-voting delegates who represent the District of Columbia and the territories. A Representative serves a two-year term, and there is no limit to the number of terms an individual can serve.

Executive Branch

The executive branch carries out and enforces laws. It includes the president, vice president, the Cabinet, executive departments, independent agencies, and other boards, commissions, and committees.

American citizens have the right to vote for the president and vice president through free, confidential ballots.

Key roles of the executive branch include:

President—The president leads the country. He or she is the head of state, leader of the federal government, and Commander in Chief of the United States Armed Forces. The president serves a four-year term and can be elected no more than two times.

Vice president—The vice president supports the president. If the president is unable to serve, the vice president becomes president. The vice president can be elected and serve an unlimited number of four-year terms as vice president, even under a different president.

The Cabinet—Cabinet members serve as advisors to the president. They include the vice president, heads of executive departments, and other high-ranking government officials. Cabinet members are nominated by the president and must be approved by a simple majority of the Senate—51 votes if all 100 Senators vote.

Executive Branch Agencies, Commissions, and Committees

Much of the work in the executive branch is done by federal agencies, departments, committees, and other groups.

Executive Office of the President – The Executive Office of the president communicates the president's message and deals with the federal budget, security, and other high priorities.

Executive Departments – These are the main agencies of the federal government. The heads of these 15 agencies are also members of the president's cabinet.

Executive Department Sub-Agencies – Smaller sub-agencies support specialized work within their parent executive department agencies.

Independent Agencies – These agencies are not represented in the cabinet and are not part of the Executive Office of the president. They deal with government operations, the economy, and regulatory oversight.

Boards, Commissions, and Committees – Congress or the president establish these smaller organizations to manage specific tasks and areas that don't fall under parent agencies.

Quasi-Official Agencies – Although they're not officially part of the executive branch, these agencies are required by federal statute to release certain information about their programs and activities in the Federal Register, the daily journal of government activities.

Judicial Branch

The judicial branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution. It's comprised of the Supreme Court and other federal courts.

Supreme Court—The Supreme Court is the highest court in the United States. The Justices of the Supreme Court are nominated by the president and must be approved by the Senate.

Nine members make up the Supreme Court— a Chief Justice and eight Associate Justices. There must be a minimum or quorum of six Justices to decide a case.

If there is an even number of Justices and a case results in a tie, the lower court's decision stands.

There is no fixed term for Justices. They serve until their death, retirement, or removal in exceptional circumstances.

Federal Courts and Judicial Agencies – The Constitution gives Congress the authority to establish other federal courts to handle cases that involve federal laws including tax and bankruptcy, lawsuits involving U.S. and state governments or the Constitution, and more. Other federal judicial agencies and programs support the courts and research judicial policy.

Confirmation Process for Judges and Justices

Appointments for Supreme Court Justices and other federal judgeships follow the same basic process:

The president nominates a person to fill a vacant judgeship.

The Senate Judiciary Committee holds a hearing on the nominee and votes on whether to forward the nomination to the full Senate.

If the nomination moves forward, the Senate can debate the nomination. Debate must end before the Senate can vote on whether to confirm the nominee. A Senator will request unanimous consent to end the debate, but any Senator can refuse.

Without unanimous consent, the Senate must pass a cloture motion to end the debate. It takes a simple majority of votes—51 if all 100 Senators vote—to pass cloture and end debate about a federal judicial nominee.

Once the debate ends, the Senate votes on confirmation. The nominee for Supreme Court or any other federal judgeship needs a simple majority of votes—51 if all 100 Senators vote—to be confirmed.

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Infographic: How the Supreme Court Works

Learn how cases reach the Supreme Court and how the Justices make their decisions. Use this lesson plan in class.

View a larger version of the infographic. (PDF, Download Adobe Reader)

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Form Approved OMB#3090-0297 Exp. Date 07/31/2019

Last Updated: November 9, 2018