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Explore Voting & Elections in the United States of America: Branches of Government

This guide provides information & resources about civic literacy and the Florida civic literacy requirement..

Branches of Government

Legislative Branch

A representative lawmaking body of government. It may be unicameral orbicameral. It may represent entire populations, particular groups, or regions. And its members may be appointed or elected. The primary duties of the legislative branch are to write, debate, and pass bills into law. Other duties may include monitoring other branches of government, investigating national issues, raising taxes, proposing and adopting budgets, assisting constituents, and serving on committees to handle specific governmental matters, such as budgeting, national security, agriculture, and crime. Two common types of legislatures are presidential and parliamentary. In a presidential legislature, the executive and legislature are clearly separate. The executive is neither part of nor appointed by the legislature. In a parliamentary system, such as Britain’s, the executive is constitutionally answerable to the parliament. Members of a parliament may elect an executive. Members may also force the resignation of an executive after a motion of no confidence in that leader. In the United States, the legislative branch follows the presidential model and is called the U.S. Congress. It is a bicameral legislature made up of the Senate and theHouse of Representatives. Both houses comprise elected members from all 50 states. Congress was established by article 1 of the U.S. Constitution, which was intended to provide checks and balances within the legislative branch. The first Congress met in 1789. Today, Congress also includes agencies that provide support services, such as the Government Accountability Office, the Library of Congress, the Government Printing Office, and the Congressional Budget Office. A law must be passed by both houses by a simple majority before it can go before the President for approval. If the President vetoes a bill, then Congress can make it a law if two-thirds of the members of each house vote to override the veto. In-state governments in the United States, the legislative branches are often called assemblies.

MLA 8th Edition (Modern Language Assoc.)
Larry E. Sullivan. The SAGE Glossary of the Social and Behavioral Sciences. SAGE Publications, Inc, 2009.

Executive Branch

Under the federal political system, the branch of government is responsible for implementing or executing, the law. To compare, the legislature does not implement but makes the law, which the executive branch enforces. The president cannot be part of the legislature, a dimension that confirms the separation of powers doctrine. Under the separation of powers doctrine, the term executive branch refers to the president of the United States and his or her cabinet. The president appoints the cabinet staff. The role of the executive involves enforcing the law and conducting the foreign relations of the state along with commanding the armed forces. The executive branch of government also issues executive orders. the senate and the House of Representatives act as a check on the president with their right of impeachment(House) and conviction (Senate). The president, in turn, can veto congressional legislation, which the latter can override with a two-thirds vote. In the United States, a person can become president if he or she is a minimum of 35 years of age and is a natural-born citizen who has lived in the country for at least 14 years. The executive branch model of government can be traced back to the French thinkers of the 18th century, who devised a political system based on the legislature, the judiciary, and the executive. 

MLA 8th Edition (Modern Language Assoc.)
Larry E. Sullivan. The SAGE Glossary of the Social and Behavioral Sciences. SAGE Publications, Inc, 2009.

Judicial Branch

An adjective describing anything related to the administration of justice. The judicial system refers to the entire structure of courts that is responsible for enforcing laws and ensuring that justice is served. A judicial officer is an elected representative who has been appointed to ensure that principles of law are adequately implemented in a court of justice. The judicial officer oversees proceedings in a courtroom and is responsible for making decisions about the outcome of legal cases. Judicial power refers to the power given to judges and courts to apply laws. Judicial review is a power given to the courts, enabling an assessment of the constitutionality of decisions rendered by other courts.SeealsoCourt; Judge; Jury

MLA 8th Edition (Modern Language Assoc.)
Larry E. Sullivan. The SAGE Glossary of the Social and Behavioral Sciences. SAGE Publications, Inc, 2009.


Separation of Powers

A democratic principle that limits the powers of any one branch of government. In the United States, it is also known as a system of “checks and balances” and was deliberately written into the U.S.Constitution. The framers developed the U.S. system in the separation of Powers———469S an effort to avoid the tyrannical leadership emblematic of Great Britain at that time. Powers are separated among the three branches of the federal government (executive, legislature, and judiciary), and between the federal and state governments. There is a list of enumerated concurrent powers, those shared with the states, and exclusive powers, those exercised only by the federal government or the states, in the Constitution. Concurrent powers are held in common between the federal and state governments but otherwise operate in a mutually exclusive manner. If a conflict arises regarding a concurrent power, according to the supremacy clause, Article 6 of the U.S.Constitution, the federal interest will prevail.SeealsoExecutive Branch; Judicial; Legislative Branch

MLA 8th Edition (Modern Language Assoc.)
Larry E. Sullivan. The SAGE Glossary of the Social and Behavioral Sciences. SAGE Publications, Inc, 2009.
 

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