Form of the U.S. Government

Structure of the U.S. Government

• Legislative Branch
• Executive Branch
• Judicial Branch

The Legislative Branch is established by Article I of the Constitution. This is the branch that is responsible for creating federal law and changing federal law when appropriate. 

Two entities make up the legislative branch: the Senate and the House of Representatives. 

The House of Representatives consists of Representatives from each state, elected by the people of each state. Each state is allotted a specific number of Representatives based on the population of the state, and each Representative is elected for a two-year term. No one may become a Representative unless he or she is: 

• twenty-five years old,
• has been a citizen of the United States for at least seven years, and
• lives in the state for which he or she will become a Representative.

There are one hundred Senators in the United States Senate; each state is represented by two Senators. Each Senator is elected to a six-year term, and the year in which each term expires rotates, so that every two years, one-third of the Senate is elected (or re-elected).

EXAMPLE: Jones, Smith and Peters are elected to the United States Senate in 1998, 2000 and 2002, respectively. Jones’ term will expire in 2004, Smith’s term will expire in 2006, and Peters’ term will expire in 2008.

No one may become a Senator unless he or she is:

• thirty years old,
• has been a citizen of the United States for at least nine years, and
• lives in the state for which he or she will become a Senator.

Article II of the Constitution establishes the Executive Branch. Headed by the President of the United States, this branch enforces the laws created by the legislature. 

To become President of the United States, one must:

• be a natural born citizen of the United States,
• be at least thirty-five years old, and
• have been a resident of the United States for fourteen years. 

The President has the power to appoint the administrators of certain federal agencies. For example, President George W. Bush appointed Christine Todd Whitman to be administrator of the Environmental Protection Agency. Because she later resigned, President Bush had to appoint a replacement. 

The President also has the power to appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are established by law. Such appointments, however, must be done by and with, the "advice and consent" of the Senate. This means that the Senate must approve the appointments by a majority vote.

The Judicial Branch of the federal government is established by Article III of the Constitution. The role of the judicial branch is to interpret the laws created by Congress and to apply the laws to the facts of the cases before it.

The federal judiciary is often asked to determine whether laws promulgated by Congress are constitutional and whether action taken by the Executive Branch is constitutional and complies with the federal laws. This “separation of powers” helps ensure that one branch will not become tyrannical and wield ultimate power. The judiciary will also be asked to apply the law to specific facts presented, even if there is no question of constitutionality.

State governments are organized similarly and consist of legislative, executive and judicial bodies.

For a synopsis of the Constitution and how the federal government is structured, please refer to the following charts:

Checks and balances between the branches of the federal government

The Structure of Congress