Requirement 3
Requirement
The function of each branch of government
Legislative Branch
The Constitution established a bicameral (two-chamber) legislature consisting of the Senate and the House of Representatives so that one chamber might be a check on the other. The Senate has 100 members; two senators are elected from each state. The House of Representatives has 435 members; the number of representatives from each state is based on the population of the state according to the latest census. This plan, which was a result of a compromise at the Constitutional Convention of 1787, ensures that the states are represented in the Senate as coequal members of the Union and in the House as democratically proportional to their populations.
The Constitution established a bicameral (two-chamber) legislature consisting of the Senate and the House of Representatives so that one chamber might be a check on the other. The Senate has 100 members; two senators are elected from each state. The House of Representatives has 435 members; the number of representatives from each state is based on the population of the state according to the latest census. This plan, which was a result of a compromise at the Constitutional Convention of 1787, ensures that the states are represented in the Senate as coequal members of the Union and in the House as democratically proportional to their populations.
Discover the Role and Responsibilities of the Legislative Branch
Senate
Senators are elected to six-year terms.
Voters elect senators in statewide elections.
House of Representatives
Members of the House are elected to two-year terms. Voters elect members of the House from their congressional districts.
Did You Know:
One Person, One Vote
The Constitution does not fix the number of members in the House of Representatives, instead allowing Congress to determine the total. As the population of the United States increased, so did the number of House members. Congress worried that adding more members would cripple the ability to do business in the House, so it passed the Reapportionment Act of 1929 to limit the number to 435 members. Every state is guaranteed at least one representative; the remaining 385 seats are reapportioned (redistributed) among the states after each decennial census (taken every 10 years). Boundaries of congressional districts are redrawn to keep the populations of voting districts equal.
Executive Branch
The president is the head of the Executive Branch and the Commander in Chief of the military. The President’s powers include leading the military, appointing officials (with Senate approval), granting pardons, making treaties, and addressing Congress. The president can also seek advice from department heads, who form the Cabinet. Today, there are 15 executive departments, along with independent agencies and offices like NASA, the National Security Council, and the Office of Management and Budget.
The president is the head of the Executive Branch and the Commander in Chief of the military. The President’s powers include leading the military, appointing officials (with Senate approval), granting pardons, making treaties, and addressing Congress. The president can also seek advice from department heads, who form the Cabinet. Today, there are 15 executive departments, along with independent agencies and offices like NASA, the National Security Council, and the Office of Management and Budget.
Understanding the Executive Branch and Its Role in Our Federal Government
The Constitution gives the president the expressed powers to:
Did You Know:
If Congress adjourns its session within 10 days (excluding Sundays) of sending a bill to the president, and the president keeps the bill without signing it, then the bill dies. This is called a pocket veto.
Judicial Branch
The judicial branch of the U.S. government settles disputes arising under federal law by interpreting and applying federal law. Although the Constitution names only the Supreme Court, it authorizes Congress to establish and abolish inferior, or lower, federal courts. All these courts are called guardians of the Constitution.
Explore the Judicial Branch: Watch This Video to Learn More
The Guardians of the Constitution
US District Court and Federal Courthouse, Jackson, Mississippi
District Courts
District courts are the lowest level of the federal court system, with 94 courts across all states, D.C., and Puerto Rico. Judges, appointed for life, oversee criminal and civil cases involving federal law. These courts have original jurisdiction and are the only federal courts that regularly use grand and petit juries.
United States Court of Appeals Building, Richmond, Virginia
Courts of Appeal
Congress established the courts of appeals in 1891 to reduce the Supreme Court’s caseload. These courts handle appeals from district courts and review decisions from federal agencies. The 94 district courts are grouped into 13 judicial circuits, each with its own appellate court, staffed by 6 to 28 judges and one assigned Supreme Court justice.
Thurgood Marshall United States Courthouse - Manhattan, New York
Special Courts
Congress created two types of federal courts: constitutional and special. Constitutional courts include the courts described above as well as the U.S. Court of International Trade. Special courts—often called legislative courts because Congress created them to help carry out legislative power—hear a narrow range of cases. These courts include the U.S. Court of Appeals for the Armed Forces; the U.S. Court of Appeals for Veterans Claims; the U.S. Court of Federal Claims; the U.S. Tax Court; territorial courts for the Virgin Islands, Guam, and the Northern Marianas; and the courts of the District of Columbia.
Constitutional courts include district courts, courts of appeal, and the Supreme Court. Constitutional courts also include the U.S. Court of International Trade.
Special (or legislative) courts handle specific case types, such as military, veterans, tax, and territorial issues, and include courts like the U.S. Court of Appeals for the Armed Forces and the U.S. Tax Court.
US Supreme Court Building, Washington D.C.
The Supreme Court
The Supreme Court is the highest federal court, made up of the chief justice and eight associate justices, all appointed for life. Free from political pressure, they focus solely on interpreting the law. The Court hears cases with original jurisdiction, appeals from lower federal courts, and appeals from state supreme courts.
The Supreme Court hears three kinds of cases:
- Cases in which the court has original jurisdiction, or that involve a representative of another nation or a state as one of the parties
- Cases appealed from lower federal courts
- Cases appealed from the highest appeals court in a state
Want to Learn More About the Structure of Our Court System? Check Out This Crash Course!
Now that you know about the three branches of government,
find out more about why it is important to divide powers among each branch.
