Executive Legislative Judicial Executive

UNDERSTANDING HOW THE AMERICAN SYSTEM OF GOVERNMENT OPERATES

To a visiting observer, the U.S. government may seem straightforward:  the Congress 

makes the laws and the President implements them. A closer inspection reveals a 

much more complex system of interactions and infl uences.

As a republic, the ultimate power within the American system rests with the people. 

This power is exercised through regular, scheduled elections in which voters select the 

President, members of Congress, and various state and local offi cials. These offi cials 

and their staffs formulate policy, make laws, and direct the day-to-day operations of 

government.

“I know of no safe depository of the

ultimate powers of the society but the people themselves.”

– Thomas Jefferson, 1820

Visitors closely inspect the original pages of the 

U.S. Constitution of 1787 in the rotunda of the Na-

tional Archives building in Washington, D.C. The 

Constitution as interpreted by courts still governs 

life in America.

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The U.S. Constitution is the blueprint 

for the American system of government. 

Ratifi ed in 1788, the Constitution defi nes 

three separate branches of government 

(legislative, executive, and judicial), their 

powers, and how positions in each are to 

be fi lled.

One defi ning characteristic of 

the Constitution is the system of 

checks and balances it created to 

distribute power among the three 

branches.

Each

branch

exercises

some form 

of power 

over the 

others. For 

example,

justices

of the 

Supreme

Court (judiciary) are appointed by the 

President (executive), but subject to the 

consent of the U.S. Senate (legislative). 

Likewise, the judiciary can strike down 

as unconstitutional laws passed by Con-

gress and signed by the President. These 

and other checks and balances ensure 

that no single branch of government 

exercises too much power.

Because the government may ex-

ercise only those powers specifically 

granted to it in the Constitution, the 

Constitution is an important protection 

of the rights and powers of the people. 

The first ten amendments to the Consti-

tution are collectively known as the Bill 

of Rights. The Bill of Rights guarantees 

important freedoms to every American, 

including freedom of speech, press, and 

religion, and the right to be free from 

unreasonable searches, and to have a 

trial by jury.

The Constitution, as the supreme law 

of the land, limits the 

legislative and ex-

ecutive powers of all 

levels of government. 

Any law or portion of 

a law that is deemed 

by the courts to be 

in confl ict with the 

Constitution is nullifi ed, 

with the U.S. Supreme 

Court having the fi nal 

say in such 

matters.

Amend-

ments to the 

Constitution

are adopted 

when pro-

posed by 

two-thirds of 

the House 

and Senate 

and ratifi ed by three-fourths of the states. 

This is a diffi cult process, with only 27 

amendments having been made since the 

Constitution was ratifi ed. Of these, only 16 

have been adopted since 1800.