The United States has drawn immense international attention in recent months due to the controversial positions taken by some of its elected officials. But how do those officials gain power in the first place — and when does that power begin and end? To answer that, we need to look closely at the structure of the American political system. Even if this may seem like just a topic for AP classes, it’s really the core machinery that determines what the government can or cannot do.

The United States is a constitutional federal republic that uses a presidential system.

The U.S. Constitution, written in 1787, established a system of checks and balances that divides power into three branches to prevent the centralization of power. Those three branches are as follows:

1. Legislative Branch

The Legislative Branch is responsible for creating, debating, and passing laws. The national legislative body, known as Congress, is composed of the Senate and the House of Representatives. Congress wields the power to:

• Declare war
• Judge and approve impeachments of federal officials
• Borrow money on behalf of the U.S.
• Raise and support armies
• Encourage scientific and cultural development
• Levy taxes and duties

2. Executive Branch

The Executive Branch is responsible for enforcing laws and representing the U.S. diplomatically. It includes the President, Vice President, cabinet members, and federal agencies.  The president:

• Grants clemency, pardons, or commutations
• Nominates federal judges and officials
• Signs or vetoes bills
• Drafts budgets (must be passed by Congress)
• Issues executive orders
• Oversees the Armed Forces as Commander-in-Chief

Governability depends on cooperation between the President and Congress. When they are politically opposed, passing legislation is often difficult. 

3. Judicial Branch

The Judicial Branch is responsible for interpreting laws and resolving legal disputes. It includes the Supreme Court and lower federal courts. The Supreme Court has the highest authority in the federal judiciary, hearing many cases involving key constitutional questions, federal law, disputes between states, and cases involving ambassadors or public officials. Lower federal courts often handle trials under federal law,  while state courts see most cases under state law.

The US uses a federal system, meaning power is divided between the national government and the individual states. 

The national or federal government represents the country as a whole and has “enumerated” powers  (also known as “delegated” or “explicit” powers), according to the Constitution. Exclusive powers include:

• Conduct foreign relations and declare war
• Distribute federal funds
• Regulate national commerce
• Coin money
• Regulate naturalization processes
• Command the military

The individual state governments are guaranteed “reserved” powers, which are those not delegated to the federal government by the Constitution, such as:

• Conduct elections.
• Regulate intrastate commerce (licenses, permissions, etc.)
• Establish local governments
• Administer the National Guard
• Manage education

Moreover, “concurrent” powers are powers shared between the federal and state governments. This includes:

• Taxation
• Law enforcement
• Borrowing money
• Operating courts

Finally, it’s crucial to note that all individuals, including elected officials, are bound by the Constitution and the law. This principle is one of the country’s key safeguards against authoritarianism. 

Bibliography

"Executive Branch." Harry S. Truman Library & Museum. https://www.trumanlibrary.gov/education/three-branches/executive-branch.

"Judicial Branch." Harry S. Truman Library & Museum. https://www.trumanlibrary.gov/education/three-branches/judicial-branch.

"Lesson 3: What Is a Republican Government?" Center for Civic Education. https://www.civiced.org/lessons/lesson-3-what-is-a-republican-government.

República: 4 pontos para entender o conceito! 23 Feb. 2022, https://www.politize.com.br/republica/.

Senado, T. V. “O que é um Estado federativo?” TV Senado, 27 Sep. 2024, https://www12.senado.leg.br/tv/programas/200-anos-do-parlamento/2024/09/o-que-e-um-estado-federativo.

“The Constitution of the United States: A Transcription.” National Archives, 4 Nov. 2015, https://www.archives.gov/founding-docs/constitution-transcript.