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The Executive Branch

The president has come to symbolize the nation's executive branch of government because the Constitution states very clearly that it is the president's duty to "take care that the laws be faithfully executed." The President of the USA is elected every 4 years to a 4 year term, with no more than 2 full terms allowed. The President is elected directly by the votes. He must be a native born citizen at least 35 and live in the US for not less than 14 years. The US President is the head of the State and the government and Commander – in – Chief of the Armed Forces. He makes foreign policy, advises the Congress, approves or vetoes laws, appoints judges, advisors and ambassadors, he can pardon a person for a federal crime.

To implement the policies and laws of the nation, the president presides over a vast organization of departments and agencies which were never enumerated in the Constitution, but developed over the course of American history. Although the United States is often cited as an example of a democratic system where the president has a very powerful rule, the formal powers of the office are few and structure of the American government prevents the president from acting directly, without the advice and consent of the other branches of government.

The legislative and executive branches of the government (Congress and President) are the most powerful of the three branches. The President and Congress have almost complete political independence from each other because they are both chosen in separate elections. For example, the election of Congress does not determine who will be elected President, and the Presidential election does not determine who will be elected to Congress. It is quite possible in the American system to have the leader of one political party win the Presidency while the other major political party wins most of the seats in Congress. It is necessary for the President to sign bills passed by Congress in order for them to become law. A legislative bill passed by Congress dies if the President vetoes it (refuses to sign it). On the other hand, a treaty with a foreign government signed by a President dies if Congress refuses to ratify it.

People from other countries are often confused by the American system but the Americans are proud of it.

The Judicial Branch

The federal court system plays a critical role in protecting the rights and liberties guaranteed to the American people. Federal courts can strike down any legislation, at any level of government, if the courts determine that the legislation violates the nation's fundamental, democratic principles outlined in the Constitution. The judicial branch consists of a system of courts spread throughout the country, with jurisdiction in both civil actions and to criminal cases arising under federal law.

The various types of federal courts are:

  • U.S. Supreme Court

  • U.S. Courts of Appeal

  • U.S. District Courts

  • Special Courts

Most of cases start in District Courts. There are 94 of them. Usually it is 1 judge and 1 jury. The main duties of them are to hear cases about federal laws and constitutional rights. These are the lowest courts. The courts of Appeals are higher than District Courts. These are groups of 3 judges without jury and the main duty is to review District Court's decisions. The highest court is the Supreme Court that has 9 judges, no jury and all its decisions are final. The judges are appointed for life by the president and have to be approved by the Senate.

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