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Civics Unit 3: The three branches of government

Congress makes laws, the president enforces them, and the courts interpret them, with each branch checking the others.

Covers: Congress and lawmaking, the presidency, the federal courts and judicial review, checks and balances, the bureaucracy

Study guide

Article I creates Congress, the legislative branch. The House of Representatives has 435 voting members, apportioned by population after each census, who serve two-year terms; members must be at least 25. The Senate has 100 members, two per state, who serve six-year terms; senators must be at least 30. Congress's enumerated powers include taxing, borrowing, regulating interstate commerce, coining money, declaring war and raising armed forces; the necessary and proper (elastic) clause gives implied powers. Revenue bills must start in the House, the House impeaches officials, and the Senate holds impeachment trials, approves treaties (by two-thirds) and confirms appointments.

A bill becomes law by being introduced, studied in committee, debated and passed by both houses in identical form, then signed by the president. The president can veto a bill, and Congress can override a veto with a two-thirds vote in both houses. Article II creates the executive branch. The president must be at least 35, a natural-born citizen and a US resident for 14 years, and serves a four-year term, limited to two terms by the 22nd Amendment. The president is commander in chief, makes treaties, appoints judges and officials, can issue pardons and executive orders, and delivers the State of the Union. The vice president presides over the Senate and succeeds the president. The cabinet heads executive departments, and the federal bureaucracy includes agencies that carry out laws.

Article III creates the judicial branch, headed by the Supreme Court, which has nine justices appointed for life by the president and confirmed by the Senate. Lower federal courts include district courts (trial courts) and courts of appeals. Marbury v. Madison (1803) established judicial review, the power to declare laws or actions unconstitutional. Checks and balances connect the branches: the president vetoes laws and appoints judges; Congress overrides vetoes, confirms appointments, controls the budget and can impeach and remove officials; and courts can strike down laws and executive actions.

Each representative is elected by and serves the people of one congressional district, and each senator serves the whole state. House terms are only two years so representatives stay closely accountable to public opinion. Senators' six-year terms are staggered, so about one-third of the Senate is elected every two years. The Cabinet advises the president. It includes the heads of the executive departments, such as the Secretary of State, the Secretary of the Treasury, the Secretary of Defense and the Attorney General (who heads the Justice Department).

Supreme Court cases are decided by majority vote, usually five of the nine justices. Federal judges serve "during good behavior" (effectively for life) so they can rule independently, without political pressure or fear of losing their jobs. The Speaker of the House, chosen by the House majority, leads the House. If both the president and vice president cannot serve, the Speaker is next in line, followed by the president pro tempore of the Senate and then Cabinet members, beginning with the Secretary of State.

The judicial branch interprets laws, resolves disputes and decides whether laws and government actions follow the Constitution. Courts have original jurisdiction when they hear a case first and appellate jurisdiction when they review a lower court's decision.

Key ideas

• Congress (Article I) makes laws; the House and Senate differ in size and terms.
• A bill needs both houses and the president's signature, or a veto override.
• The president (Article II) enforces laws and leads the military.
• The Supreme Court (Article III) uses judicial review.
• Checks and balances let each branch limit the others.

Formulas and rules

Common mistakes

• Thinking the Senate impeaches; the House impeaches and the Senate holds the trial.
• Thinking the Supreme Court can strike down any law it dislikes; it rules on constitutionality in actual cases.

Words to know

Legislative branch

Congress, which makes laws.

House of Representatives

Chamber with 435 members based on state population.

Senate

Chamber with two members per state.

Enumerated powers

Powers specifically listed in the Constitution.

Necessary and proper clause

Gives Congress implied powers to carry out its duties.

Bill

A proposed law.

Committee

A small group of lawmakers that studies bills.

Veto

The president's rejection of a bill.

Veto override

Congress passing a bill despite a veto, with two-thirds of both houses.

Executive branch

The president and agencies that enforce laws.

Commander in chief

The president's role as head of the military.

Executive order

A directive from the president with the force of law.

Cabinet

Heads of the executive departments who advise the president.

Judicial branch

The courts, which interpret laws.

Judicial review

The courts' power to declare laws unconstitutional.

Marbury v. Madison

1803 case that established judicial review.

Impeachment

The House formally charging an official with wrongdoing.

Sample practice questions

5 more questions like these, from level 1 to 5, are in the practice set.