The Main Levels . . . 1 Running Head: THE MAINLEVELS OF THE U.S.

FEDERAL GOVERNMENT

The Main Levels of the U.S. Federal Government Lynn Todd Colorado Technical University Online

The Main Levels . . . 2 Running Head: THE MAINLEVELS OF THE U.S. FEDERAL GOVERNMENT The U.S. Government is composed up of three key branches, the Executive Branch, the Legislative Branch, and the Judicial Branch. Each branch has its own powers, functions, checks, and balances. First, we will look at the history of the Constitution. During the 1600s many Europeans left Britain in search of economic, political, and intellectual freedoms. However, they remained under the power of Britain, which functioned under a unitary system of government with one national power that permitted it to take action against any individual. During the Revolutionary war, the states battled with Britain, and won their freedom from the unitary system of On March 1, 1781, the states passed the articles of the Confederation, which was modified in Pennsylvania in 1786 by our founding fathers; the instigation of the pioneering central government (national government), which shared power with the states, a rather short manuscript thats main intention was to set the outline for the U.S. federal government and the Constitution. Under the confederate system of government, the states preserved most of the power while the central government was unusually limited in power. The central government could not take any action against any individual, it was compulsory that any action against an individual went directly through the power of the states. The only power the central government had at the time was to assert war or oversee distant affairs, therefore lingering with futility. In the end, it was perceived that this form of government could not function, as the states struggled constantly and economically stayed fragile. As the states continued to increase and widen, several influential leaders became conscious that without a National government, the United States (the continent) would remain at risk and weak. However, bringing the states as one, under

The Main Levels . . . 3 a federal system was packed with debate; the states were especially protective of their self-rule and freedom and were apprehensive of any new rules that would involve them giving up power to the new national system of government. Ultimately, most states were agreeable to give up some of their power for the security of interests and commerce, remaining disturbed and guarded of any form of unitary government that may impede their individual choice and liberation. (CTU online, 2008, phase 1 multimedia presentation). The articles of confederation became the U.S. Constitution in 1787, after the article of the confederation were being revised in 1786; it represented a compromise of a national federal government that was strong enough to combine the states in their pursuit of a common goal, while maintaining the states rule of authority and self-government. Under the federal government system, the national government has extensive powers while the states retain some major authority. By isolating the power of the national government, the framers of the constitution assumed they were defending the individuals and the social order itself from government abuse (CTU online, 2008, phase 1 multimedia presentation). The Constitution is the fundamental and ultimate law of the United States. The constitutions most unmistakable function was to give a framework for the U.S. government. The Constitution does a great deal more than outline our formation of American government; it has the highest reigning authority of the nation, it has lawful and political power above all other existing legal and government powers. The power of all the branches of government and of all elected officials, including the President and Vice-President, comes from our Constitution. The Constitution, like our American flag; is an icon. It represents our system of government and the critical beliefs and standards, such as liberty and freedom of our country. All American Presidents must take an oath to preserve, protect, and defend the Constitution of the United

The Main Levels . . . 4 States. In taking this pledge, the President is not vowing allegiance to a piece of paper; but is promising to protect what the constitution stands for Americas principles and values. (Boyd, J., 2009, October 8). We need to understand that the United States works under a dual government system; both the state and federal levels have power and control over individuals on equal occasion. Some powers remaining exclusive while others are shared between the two governments. States are responsible for local interests such as the death penalty or state minimum wage, state statutes, and other various local laws or ordinances; however, the federal government is responsible for federal minimum wage requirements, and far larger more superior issues that affect citizens as an entirety, such as terrorism, foreign affairs, and declaring battle. Nevertheless, conflicts occur between the state and federal government when one tends to practice too much power or authority over the other; or whether it is an apparent issue where responsibilities lie over a major concern, or should the federal system force upon a state a plan without consultation or providing funding for such specified agendas. The tenth Amendment of the Constitution supplies this dual government system. Command neither supplied to the U.S. under the Constitution nor banned by the states, are held in reserve to the states or to the people under the amendment X of the U.S. Constitution. Federal, State, and local governments have their own organizations, however at the same time society has responsibilities and obligations to all authorities, such as taxation and certain laws. They must pay Federal, State and county income taxes, where applicable (CTU online, 2008, phase 1 multimedia presentation). The Constitution was officially accepted on June 21, 1788 after a vast amount of deliberation and concessions. It is a distinct document in its conciseness and directness. The Bill of Rights became legitimate a few years later on December 5, 1791; it was to guarantee that each

The Main Levels . . . 5 individual maintain the right to be free from needless infringement from the federal government, and was passed to be certain that the United States did not go back to its ancestry of the British unitary rule of government (CTU online, 2008, phase 1 multimedia presentation). The main standard of the Constitution was Self-government. The founding fathers saw they needed an organization that would be confident in which everyone had a voice, and to be heard; on the local, state, and national government levels. They wanted to have in place a system that could be changed when vital. They wrote this system into the Constitution of the United States in 1787. It has survived for more than 200 years, and has held up through numerous alterations in the world and the country. To date, the Constitution offers the basis for the United States government. The Constitution is often called the supreme law for two reasons: no other laws may challenge any of its principles; and, no person, nor governments; are liberated from following its implications. It furthermore declares the open spirit and universal liberties of all inhabitants living in the United States, even if they are not of this country. All persons have the rights of freedom of religion and speech, and the right to bear arms, as well as the other rights listed in the Constitution (U.S. Government Structure, n.d.). The Constitution is separated into three main sections: the Preamble, The Articles, and the Amendments. The Preamble describes the rationale of the Constitution and the national government. The Articles of the document make certain of the structure of the nations government.

The Main Levels . . . 6 The Amendments signify the changes to the Constitution after it was ratified. The first ten amendments make up the Bill of Rights (CTU online, 2008, phase 1 multimedia presentation). The United States Constitution is purposely ineffective. The idea of the Separation of Powers is personified in the Constitution in the First, Second, and Third Articles. The Separation of Powers developed by the framers of the Constitution, was intended to do one crucial objective: to avoid the majority from ruling with an uncompromising method. Based on their awareness of the unitary system, the framers were reluctant to provide any branch of the new government with too much power. The separation of powers provides a system of shared power known as Checks and Balances (The American Example, n.d.). The U.S. Constitution Following the Preamble, which describes the purpose of the Constitution and the national government, the Constitution is broken into seven articles. The articles establish the structure of the national government. The Amendments, represent the Constitution after formal approval of ratifications were made. The first 10 Amendments make up the Bills of Rights. The first three articles describe the influence and tasks of the three branches of government; the legislative branch, the executive branch and the judicial branch. The three main branches of government were created to participate in limited independent positions, while working to check and balance the power and authority of the other two branches of government. Separation of powers is the transfer of the legislative (law making), executive (law enforcing), and judicial (law-interpreting) powers to three different branches of the government. The principle of separation of powers draws lines that segregate the powers

The Main Levels . . . 7 detained by distinct branches at a single level of government. Each branch has its own powers, though some powers are shared among them. The arrangement of separation of powers is intended to diminish the danger that a single branch may act independently and abuse its power. The Three Branches of Government The following three branches of government and separation of powers were created within the Constitution: The Legislative branch, composed of the House and Senate also called the Congress of the United States, was set up in Article 1, section 1 of the Constitution. 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 (Article 1 - The Legislative Branch Section 1 - The Legislature, n.d.). The article explains how each house will be organized and how its members will be chosen. The article also records the powers given to Congress, which may include the power to tax, to control trade, to declare war, to create currency, and other various powers. Legislative Branch is made up of Congress, which consists of the U.S. House of Representatives and the U.S. Senate. The House of Representatives are currently made up of 435 members representing singular districts within each state depending upon the populace of a particular state. This number may change every 10 years as the census bureau takes count of persons residing per state. The U.S. Senate is made up of 50 Senators; two represent each state within the U.S. (Boyd, J., 2009, October 8). Congress, the legislative branch, also makes laws (Education World, n.d.) for the U.S. in which the President must sign a bill presented by Congress making it law within ten days. According to Article I of the Constitution, members of the House of

The Main Levels . . . 8 Representatives must meet three credentials for election: they must be at least 25 years old; they must be a U.S. citizen for at least seven years; and they must live in the state they stand for. Representatives regularly meet several other non-mandatory credentials as well: most have had flourishing careers in business or law. Several have also had experience in state or local authority or in other forms of public service as well. Representatives are elected for two-year terms. Since these terms all begin and end at the same time, it is feasible to have an entirely new association every two years. In truth, however, this by no means happens. In past votes, 70-80% of the existing House members have been reelected. The Constitution does not limit the amount of terms a representative may possibly serve. Conversely, in the past few years, public attitude has progressively favored term restrictions (Boyd, J., 2009, October 8). The Executive branch, composed of the President, Vice-President, and the Departments, was set up in Article 2, section 1 The President. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years; and, together with the Vice-President chosen for the same term, be elected, as follows: each State shall assign, in such method as the Legislature of may express, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be permitted in Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector (Article 2 - The Executive Branch Section 1 - The President, n.d.). The President and Vice President may not hold more than two successive terms in office (Boyd, J., 2009, October 8). The president, leader of the executive branch, carries out those laws made by the Congress (Education World, n.d.). The President also has powers to carry out other acts, including the power to control the armed forces, to make

The Main Levels . . . 9 settlements with other nations, and to pardon a criminal. The President also has the command to appoint certain government officials. The President obtains recommendations and assistance in carrying out his or her everyday jobs, from the office from the cabinet; an assembly made up of leaders of the executive departments, the Vice President, and other vital officers. The Constitution lists only three requirements to become president of the United States: the President must be a native-born resident of the United States; a person running for Presidency must be at least 35 years old and have lived in the U.S. for a minimum of fourteen years. In supposition, anyone who meets these credentials may become President of the United States (Boyd, J., 2009, October 8). The Judicial branch, made up of the federal courts and the Supreme Court, was set up in Article 3. Section 1 The judicial Power of the United States shall be vested in one Supreme Court and in such inferior Courts as the Congress may from time to time order and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office (Article 3 - The Judicial Branch Section 1 - Judicial Powers, n.d.). The judicial branch observes the executive procedures that administer the laws, and it construes the laws. No branch can carry out its functions and/or powers without some cooperation from the other branches. This cooperation prevents unrestrained behavior in policy that might result if a single branch were in complete control (Education World, n.d.). Article III gives the judicial powers of government to a Supreme Court and other federal courts. These judges serve on the bench for life, or during good behavior. Article III, confirms that the courts will have the power to judge all cases.arising under this Constitution. This proclamation authorizes the Supreme Court to put a stop to the other branches from exploiting the Constitution. The Supreme Court

The Main Levels . . . 10 holds an immense measurement of power. It has ultimate authority in determining whether a law is sufficient under the Constitution. Through this power to interpret the law and the Constitution, it can significantly shape the lives in America. Most Presidents try to appoint Supreme Court justices whose point of view is comparable to their own. (Boyd, J., 2009, October 8). Checks and Balances An arrangement of checks and balances is a government creation that gives each division some power over the actions of the others and requires teamwork among the branches. A system of balances decreases any risk that one branch might entirely take over the government or drift politically astray from other branches. The system of checks and balances plan has been a main cause in the Constitution's continued existence, allowing for supposed surety of development in our government rather than any cause for uprising. Due to a system of checks and balances, the legislative, executive, and judicial branches' powers extend beyond each other, and each branch exercises some control over the others (Education World, n.d.). The Legislative Branch checks on the president; Congress can also override a presidential veto; can impeach and remove the president; the Legislative branch may also ratify presidential appointments; it approves and appropriates finances for legislation; checks on the courts; it can impeach and eliminate judges; and validates federal judges (Education World, n.d.). The Executive Branch checks on Congress; can recommend legislation; has the ability to veto legislation; has the ability to make agreements with other nations; confirms and checks on the courts activities; can appoint federal judges; implements court findings (Education World, n.d.).

The Main Levels . . . 11 The Judicial Branch checks on the president; reviews administrative acts; checks on Congress; reviews laws (Education World, n.d.), and interprets congressional laws. Allocation of authority can cause tension and lead to divergence. The phrasing of the U.S. Constitution is indistinct and vague in various ways because many situations are not dealt with specifically. Each branch of government has at one time or another attempted to expand its power by reinterpreting these uncertainties, leading to disagreement over the influence and power of policy. In general, separation of powers and the system of checks and balances has been equally a source of pressure and a foundation for permanence. The government will always attempt to expand its power by interpreting the Constitution, over the past several years it has become further ravenous and more corrupt than ever before. The check and balance system may at some point need to be replaced; or enhanced by an entire new system to prevent greed and corruption, and to hold government officials and organizations accountable for their actions.

References: The American Example. (n.d.). Constitutional Topic: Separation of Powers. Retrieved from http://www.usconstitution.net/consttop_sepp.html#america Article 1 - The Legislative Branch Section 1 - The Legislature. (n.d.). U.S. Constitution - Article 1 Section 1. Retrieved from http://www.usconstitution.net/xconst_A1Sec1.html Article 2 - The Executive Branch Section 1 - The President, . (n.d.). U.S. Constitution - Article 2 Section1. Retrieved from http://www.usconstitution.net/xconst_A2Sec1.html

The Main Levels . . . 12 Article 3 - The Judicial Branch Section 1 - Judicial Powers. (n.d.). U.S. Constitution - Article 3 Section 1. Retrieved from http://www.usconstitution.net/xconst_A3Sec1.html Boyd, J. (October 5, 2009). Chat posting1. Retrieved October 10, 2009, from CTU Online Virtual Campus, PBAD200-0904A-13: American Government http://breeze.careeredonline.com/p63366138/?session=breezbsdw25kmrav9puok Boyd, J. (October 8, 2009). Chat posting2. Retrieved October 11, 2009, from CTU Online Virtual Campus, PBAD200-0904A-13: American Government http://breeze.careeredonline.com/p13371998/?session=breezbsdw25kmrav9puok CTU Online. (2008). Formation of the United States Government. [Phase 1Multimedia course presentation] Retrieved October 09, 2009, from CTU Online Virtual Campus, PBAD200-0904A-13: American Government website. https://campus.ctuonline.edu/Classroom/CoursePlayer/CoursePlayer.aspx?classid=24607 7&tid= 58&un=1&HeaderText=Course%20Materials:%20PBAD200-0904A13%20:%20American%20Government Education World. (n.d.). Separation of Powers and Checks and Balances. Retrieved from http://www.education-world.com/a_tsl/archives/00-1/lesson0014.shtml U.S. Government Structure. (n.d.). LEARNING OBJECTIVES U.S. GOVERNMENT STRUCTURE. Retrieved from http://www.us-immigrationattorney.com/pdf/usgovernmentstructurestudyguide.pdf