Lesson 3: The Three Branches of Government 🏛️

Your Path to U.S. Citizenship: Understanding Government Structure

Master the structure of American government with free flashcards and spaced repetition quizzes. This lesson covers the three branches of government, separation of powers, and the system of checks and balances - essential concepts for passing the U.S. Citizenship Test. Understanding how Congress, the President, and the Supreme Court work together (and limit each other) is crucial for 8-12 questions on your naturalization interview.

Welcome to Government Architecture 🇺🇸

The Founding Fathers designed the U.S. government with a brilliant system: no single person or group could hold all the power. They divided authority into three separate branches, each with specific powers and the ability to check the others. This lesson builds on your knowledge of the Constitution by showing you how it actually works in practice.

Why this matters for your citizenship test: You'll be asked questions like "What are the three branches of government?" "Who makes federal laws?" and "Who is the Commander in Chief?" These are among the most commonly asked questions in naturalization interviews.

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Core Concept 1: The Legislative Branch (Congress) 📜

Structure and Composition

The Legislative Branch is called Congress, and it's divided into two parts (a bicameral legislature):

Chamber	Number of Members	Term Length	Representation
Senate	100 (2 per state)	6 years	Equal for all states
House of Representatives	435	2 years	Based on state population

Key fact: California has 52 Representatives because it has a large population, but Wyoming has only 1 Representative. However, both states have exactly 2 Senators.

Powers of Congress

Congress has the power to make federal laws. Here are the major powers you should know:

Legislative Powers:

• ✅ Make all federal laws
• 💰 Declare war
• 💵 Print and coin money
• 📊 Collect taxes
• 🪖 Raise and support the armed forces
• 📝 Approve the federal budget

Checks on Other Branches:

• Senate confirms Presidential appointments (judges, Cabinet members)
• Senate ratifies treaties (needs 2/3 vote)
• Congress can override a Presidential veto with 2/3 vote in both houses
• House can impeach officials; Senate conducts the trial

Congressional Leadership

Position	Chamber	Role
Speaker of the House	House of Representatives	Leader of the House, 3rd in line for presidency
President of the Senate	Senate	The Vice President of the U.S. (only votes to break ties)
President Pro Tempore	Senate	Presides when VP is absent (usually the longest-serving Senator)

💡 Citizenship Test Tip: If asked "Who is in charge of the executive branch?" the answer is the President. If asked about the legislative branch, say "Congress" or "the Senate and House of Representatives."

HOW A BILL BECOMES A LAW

┌─────────────────────────────────────────┐
│  📝 Bill introduced in House or Senate  │
└─────────────────────────────────────────┘
                 ↓
┌─────────────────────────────────────────┐
│  🔍 Committee reviews and debates       │
└─────────────────────────────────────────┘
                 ↓
┌─────────────────────────────────────────┐
│  🗳️ Full chamber votes                 │
└─────────────────────────────────────────┘
                 ↓
┌─────────────────────────────────────────┐
│  🔄 Other chamber repeats process       │
└─────────────────────────────────────────┘
                 ↓
┌─────────────────────────────────────────┐
│  🤝 Both chambers must pass identical   │
│     version                             │
└─────────────────────────────────────────┘
                 ↓
┌─────────────────────────────────────────┐
│  ✍️ President signs or vetoes          │
└─────────────────────────────────────────┘
         ↓              ↓
    ✅ Signs        ❌ Vetoes
         ↓              ↓
    📋 LAW      Congress can override
                with 2/3 vote → LAW

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Core Concept 2: The Executive Branch (The President) 🦅

The President's Role

The Executive Branch is headed by the President of the United States, who serves as:

• 👔 Chief Executive: Enforces and carries out federal laws
• 🪖 Commander in Chief: Leader of the armed forces
• 🌍 Chief Diplomat: Manages foreign policy and relations with other countries
• 📝 Chief Legislator: Proposes laws and can veto bills

Presidential Term: 4 years, with a maximum of 2 terms (8 years total) thanks to the 22nd Amendment.

The Presidential Cabinet

The President doesn't work alone. The Cabinet advises the President on major issues. Cabinet members are heads of executive departments:

Department	Responsibility	Cabinet Position
State	Foreign affairs	Secretary of State
Treasury	Money and economy	Secretary of the Treasury
Defense	Military and national defense	Secretary of Defense
Justice	Law enforcement	Attorney General
Homeland Security	Border security, immigration	Secretary of Homeland Security

Important: The Senate must confirm (approve) all Cabinet appointments. This is one way Congress checks the President's power.

Powers of the President

Executive Powers:

• ✅ Sign bills into law or veto them
• 🤝 Negotiate and sign treaties (Senate must ratify)
• 👨‍⚖️ Nominate federal judges, including Supreme Court Justices
• 🎖️ Command the military (but only Congress can declare war)
• 🕊️ Grant pardons for federal crimes
• 📢 Issue executive orders

Presidential Succession

If the President can no longer serve, here's the order of succession:

LINE OF SUCCESSION

1️⃣  President
      ↓ (unable to serve)
2️⃣  Vice President
      ↓ (unable to serve)
3️⃣  Speaker of the House
      ↓ (unable to serve)
4️⃣  President Pro Tempore of Senate
      ↓ (unable to serve)
5️⃣  Secretary of State
      ↓
    (Cabinet members in order...)

💡 Did you know? The youngest elected President was John F. Kennedy at age 43. The oldest to assume office was Joe Biden at age 78.

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Core Concept 3: The Judicial Branch (The Courts) ⚖️

The Supreme Court

The Judicial Branch interprets laws and decides if they follow the Constitution. The highest court is the Supreme Court of the United States.

Supreme Court Structure:

• 👨‍⚖️ 9 Justices total: 1 Chief Justice + 8 Associate Justices
• 📅 Lifetime appointment: Justices serve until death, retirement, or removal
• 🎯 Final authority: Supreme Court decisions are final - no higher court exists

Current Chief Justice: John Roberts (since 2005)

Powers of the Judicial Branch

Judicial Powers:

• ✅ Interpret laws and the Constitution
• ⚖️ Decide if laws are constitutional (judicial review)
• 🏛️ Resolve disputes between states
• 🌍 Handle cases involving foreign ambassadors and treaties
• ⚔️ Settle disagreements between the federal and state governments

Judicial Review: The Court's Biggest Power

Judicial review means courts can declare laws unconstitutional (against the Constitution). This power wasn't written in the Constitution - it was established by the famous case Marbury v. Madison (1803).

The Federal Court System

The Supreme Court sits at the top of a three-tier system:

FEDERAL COURT HIERARCHY

        ┌──────────────────────┐
        │  🏛️ SUPREME COURT   │  (Highest)
        │   (9 Justices)      │
        └──────────────────────┘
                 ↑
                 │ Appeals
                 │
    ┌────────────────────────────┐
    │ 📋 APPEALS COURTS          │  (Middle)
    │ (13 Circuit Courts)        │
    └────────────────────────────┘
                 ↑
                 │ Appeals
                 │
    ┌────────────────────────────┐
    │ ⚖️ DISTRICT COURTS         │  (Lowest)
    │ (94 Federal Districts)     │
    │ (Original trials happen)   │
    └────────────────────────────┘

Most cases start in District Courts, where trials happen with witnesses and evidence. If someone disagrees with the decision, they can appeal to a Circuit Court, and then possibly to the Supreme Court (though the Supreme Court chooses which cases to hear).

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Core Concept 4: Checks and Balances 🔄

The genius of the American system is that no branch can become too powerful. Each branch has ways to limit the others:

Branch Checking	Branch Being Checked	How?
🏛️ Legislative	Executive	• Can override vetoes (2/3 vote) • Approves appointments • Controls budget • Can impeach President
🏛️ Legislative	Judicial	• Approves federal judges • Can impeach judges • Can propose Constitutional amendments
🦅 Executive	Legislative	• Can veto bills • Calls special sessions of Congress • Proposes legislation
🦅 Executive	Judicial	• Appoints federal judges • Grants pardons
⚖️ Judicial	Legislative	• Can declare laws unconstitutional • Interprets laws
⚖️ Judicial	Executive	• Can declare executive actions unconstitutional • Chief Justice presides over impeachment trials

CHECKS AND BALANCES SYSTEM

         ┌──────────────────┐
         │   🏛️ CONGRESS   │
         │   (Legislative)  │
         └──────────────────┘
          ↗                ↖
         /                  \
    Makes laws           Approves
    Controls $           judges &
    Can override         Cabinet
       ↓                    ↓
         \                  /
          ↘                ↙
┌─────────────┐        ┌─────────────┐
│ 🦅 PRESIDENT│←──────→│ ⚖️ COURTS   │
│ (Executive) │        │  (Judicial) │
└─────────────┘        └─────────────┘
    Appoints              Reviews
    judges                executive
       ↓                  actions &
    Can veto              laws for
    legislation           constitutionality

Real-World Example: The Veto Process

Scenario: Congress passes a bill to raise the minimum wage to $15/hour.

1. Legislative action: Both House and Senate pass the bill
2. Executive check: President vetoes it (doesn't agree)
3. Legislative counter-check: Congress votes again - if 2/3 of both houses vote yes, the veto is overridden and the bill becomes law anyway
4. Judicial check: Someone sues, claiming the law violates the Constitution
5. Final say: Supreme Court rules the law is constitutional or not

⚠️ Common Mistake: Students often think the President can do whatever they want. Wrong! Congress controls spending, must approve treaties and appointments, and can override vetoes. The system was designed so no one person has absolute power.

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Examples from Real Government

Example 1: Appointing a Supreme Court Justice 👨‍⚖️

Let's trace the process when a Supreme Court seat becomes vacant:

Step 1 - Executive Branch Acts:

• Justice Ruth Bader Ginsburg dies in 2020
• President Trump nominates Amy Coney Barrett

Step 2 - Legislative Branch Checks:

• Senate Judiciary Committee interviews Barrett
• Full Senate votes on confirmation
• Barrett is confirmed 52-48 (only needs simple majority)

Step 3 - Judicial Independence:

• Once confirmed, Barrett serves for life
• The President and Senate can't remove her just because they disagree with her rulings
• She now has the power to check both other branches through judicial review

The checks in action:

• ✅ President nominates (Executive power)
• ✅ Senate confirms (Legislative check on Executive)
• ✅ Lifetime appointment (Judicial independence from both branches)

Example 2: Declaring War vs. Using Military Force 🪖

This example shows how power is shared between branches:

Congressional Power:

• Only Congress can officially declare war (last time: World War II, 1941)
• Congress controls military funding through the budget

Presidential Power:

• President is Commander in Chief and can order military action
• President can respond to emergencies quickly

Modern Reality:

• Presidents have sent troops to Korea, Vietnam, Iraq, Afghanistan without formal war declarations
• Congress passed the War Powers Resolution (1973) requiring President to notify Congress within 48 hours and get approval for actions lasting more than 60 days
• This creates tension: Presidents claim they have authority as Commander in Chief; Congress claims only it can authorize prolonged military action

The Balance:

• President has flexibility to act quickly
• Congress maintains ultimate authority through funding and war declarations
• Courts generally avoid these "political questions"

Example 3: The Affordable Care Act Legal Challenge ⚖️

This shows all three branches interacting:

2010 - Legislative Branch:

• Congress passes the Affordable Care Act ("Obamacare")
• Requires Americans to buy health insurance or pay a penalty

2010 - Executive Branch:

• President Obama signs it into law
• Executive agencies begin implementing it

2012 - Judicial Branch:

• Several states sue, claiming Congress exceeded its power
• Case reaches Supreme Court: National Federation of Independent Business v. Sebelius
• Supreme Court rules 5-4 that the law is constitutional
• Chief Justice Roberts says the penalty is actually a tax, and Congress has power to tax

The Result:

• Law passed ✓ (Legislative)
• Law signed ✓ (Executive)
• Law upheld ✓ (Judicial)
• All three branches involved, checks and balances working

Example 4: Impeachment Process 📜

Impeachment demonstrates how Congress can check the Executive (and Judicial) branches:

The Process:

1. House of Representatives investigates and votes on articles of impeachment (formal charges)

   • Only needs simple majority to impeach
   • Like a grand jury bringing charges

2. Senate holds the trial

   • Chief Justice of Supreme Court presides (for Presidential impeachment)
   • Needs 2/3 vote to convict and remove from office

Historical Examples:

• Andrew Johnson (1868): Impeached by House, acquitted by Senate (by 1 vote!)
• Bill Clinton (1998): Impeached by House, acquitted by Senate
• Donald Trump (2019 and 2021): Impeached twice by House, acquitted both times by Senate

💡 Important Distinction: Impeachment means formally charging someone with wrongdoing. Conviction means finding them guilty and removing them from office. You can be impeached but not convicted!

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Common Mistakes to Avoid ⚠️

Mistake 1: Confusing Who Does What

❌ Wrong: "The President makes laws." ✅ Right: "Congress makes laws. The President signs or vetoes them."

❌ Wrong: "The Supreme Court makes laws." ✅ Right: "The Supreme Court interprets laws and decides if they're constitutional."

Memory trick:

• Legislative = Laws (makes them)
• Executive = Enforces (carries them out)
• Judicial = Judges (reviews them)

Mistake 2: Getting Numbers Wrong

❌ Wrong: "There are 50 Senators, one per state." ✅ Right: "There are 100 Senators, two per state."

❌ Wrong: "The Supreme Court has 7 justices." ✅ Right: "The Supreme Court has 9 justices."

On your test: Numbers matter! Memorize these:

• 100 Senators (2 per state)
• 435 Representatives (varies by state population)
• 9 Supreme Court Justices
• 6 years = Senate term
• 4 years = President's term
• 2 years = Representative's term
• 2 terms maximum = President

Mistake 3: Mixing Up Leaders

❌ Wrong: "The Vice President leads the House of Representatives." ✅ Right: "The Vice President is President of the Senate. The Speaker of the House leads the House of Representatives."

❌ Wrong: "The Chief Justice is the head of Congress." ✅ Right: "The Chief Justice is the head of the Supreme Court (Judicial Branch)."

Mistake 4: Misunderstanding Checks and Balances

❌ Wrong: "If the President vetoes a bill, it's dead." ✅ Right: "Congress can override a veto with a 2/3 vote in both houses."

❌ Wrong: "The President can fire Supreme Court justices." ✅ Right: "Supreme Court justices serve for life. Only Congress can remove them through impeachment."

Mistake 5: Forgetting Senate Powers

❌ Wrong: "The President can appoint anyone to the Cabinet." ✅ Right: "The President nominates Cabinet members, but the Senate must confirm them."

The Senate has special powers:

• ✅ Confirms judges and Cabinet members
• ✅ Ratifies treaties
• ✅ Tries impeachment cases

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Key Vocabulary for Your N-400 Application 📝

When filling out your Form N-400 (Application for Naturalization), you might encounter these terms:

Term	Definition
Federal	National government (as opposed to state or local)
Legislation	Laws; the process of making laws
Ratify	To formally approve or confirm
Veto	To reject or refuse to approve (Presidential power)
Impeach	To formally charge a government official with misconduct
Unconstitutional	Not allowed by the Constitution; violates the Constitution
Override	To reverse or cancel (Congress can override a Presidential veto)

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Questions You'll Likely Face in Your Interview 🎯

Based on the 100 official USCIS civics questions, here are the ones related to this lesson that appear most frequently:

Top 10 Most Common:

1. What are the three branches of government?

   • Answer: Legislative, Executive, and Judicial

2. Who makes federal laws?

   • Answer: Congress / Senate and House of Representatives / (U.S. or national) legislature

3. What does the President's Cabinet do?

   • Answer: Advises the President

4. What are the two parts of the U.S. Congress?

   • Answer: The Senate and House of Representatives

5. How many U.S. Senators are there?

   • Answer: 100

6. We elect a U.S. Senator for how many years?

   • Answer: Six (6)

7. Who is the Commander in Chief of the military?

   • Answer: The President

8. What is the highest court in the United States?

   • Answer: The Supreme Court

9. How many justices are on the Supreme Court?

   • Answer: Nine (9)

10. What stops one branch of government from becoming too powerful?

    • Answer: Checks and balances / Separation of powers

🧠 Study Strategy: The USCIS officer will ask you up to 10 questions from the list of 100. You must answer 6 correctly to pass the civics test. Focus on understanding, not just memorizing - if you understand how the branches work together, you can answer variations of these questions.

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📋 Quick Reference Card: Three Branches at a Glance

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Key Takeaways 🎓

✅ The United States has THREE branches of government: Legislative (Congress), Executive (President), and Judicial (Courts)

✅ Each branch has DIFFERENT powers:

• Legislative = Makes laws
• Executive = Enforces laws
• Judicial = Interprets laws

✅ Congress has TWO parts: Senate (100 members, 2 per state, 6-year terms) and House of Representatives (435 members, based on state population, 2-year terms)

✅ The President:

• Serves 4-year terms (maximum 2 terms)
• Is Commander in Chief of the military
• Can sign or veto bills
• Appoints federal judges (Senate confirms)
• Leads the Cabinet

✅ The Supreme Court:

• Has 9 justices (lifetime appointments)
• Is the highest court in the United States
• Can declare laws unconstitutional (judicial review)
• Headed by Chief Justice John Roberts

✅ Checks and balances prevent any one branch from becoming too powerful - each branch can limit the others

✅ Important numbers to memorize:

• 100 Senators
• 435 Representatives
• 9 Supreme Court Justices
• 6 years (Senate term)
• 4 years (President's term)
• 2 years (House term)

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📚 Further Study

To deepen your understanding of the three branches of government:

1. Official USCIS Study Materials: https://www.uscis.gov/citizenship/find-study-materials-and-resources - Free civics test flashcards, practice tests, and videos

2. Congress.gov: https://www.congress.gov/ - Track current bills, see how Congress works in real-time, watch Congressional proceedings

3. Supreme Court Official Website: https://www.supremecourt.gov/ - Read about current cases, learn about the justices, understand how the Court operates

Next lesson preview: In Lesson 4, we'll explore the rights and responsibilities of U.S. citizens - including your First Amendment freedoms and civic duties. You'll learn about freedom of speech, religion, assembly, and what's expected of American citizens!

🇺🇸 Remember: Understanding how your government works isn't just for passing the test - it's essential for being an informed, engaged citizen. Good luck with your citizenship journey!