Our Government in Three Parts

Hopefully, we are all familiar with the basic structure of our government, its three distinct branches, and their core functions. For those who are not, or those of us who would like a refresher, this three-part post will cover the basics of the Legislative Branch, the Judicial Branch, and the Executive Branch.

Part One: The Legislative Branch Explained

The United States Constitution provides for a bicameral legislature, meaning, the legislature is divided into two chambers, the House of Representatives and the Senate. The House of Representatives consists of elected representatives from each state and United States territory. Voting membership is capped at 435 and is proportionally divided among the states, based on population. United States provinces send delegates, who can participate in procedural votes and on committees, but do not have a vote on legislation. Delegates in the House represent the District of Columbia, Guam, the Virgin Islands, the Northern Mariana Islands, American Samoa, and Puerto Rico. The Senate is comprised of two elected Senators from each state.

The primary role of the House is simple: make and pass federal laws. The House has several standing committees whose roles vary, some have legislative responsibilities, some have oversight responsibilities. Committees typically will be involved in the process of drafting legislation, and the process of fine tuning that legislation before it goes to the full House for a vote. They are also involved in reconciling different versions of bills, and ensuring the House and Senate are on the same page.

The primary role of the Senate is equally simple: make and pass Federal laws. Like the House, the Senate has standing committees that serve similar roles. Senate committees will also be involved in drafting legislation, and work to reconcile bills to ensure the House and Senate versions are aligned. The Senate has several exclusive duties, including the review of nominations (approve or deny) to cabinet roles, executive offices and judicial roles.

Legislation drafted and passed through the House goes to the Senate for a vote, and vice versa. If two different versions of a bill exist, or one of the chambers suggests amendments, the process shifts to joint committees who hammer out and craft the perfect legislation. Both chambers have additional duties over their histories, adding things like budget oversight and select committees to study specific issues. Essentially, though, the United States Congress has had the same role it was first given in the Constitution, in Article I, Section I:

“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

One other Constitutional power given to Congress established the first check in our system of checks and balances. Found in Article I, Section 8, Clause 18:

“[The Congress shall have Power . . . ] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

This gives Congress oversight of both the Executive and Judicial branches via approval of appointments for both branches, the ability to craft legislation that corrects laws found unconstitutional by the courts, the ability to override a presidential veto, ability to declare war, and perhaps most importantly, the ability to investigate the branches and use the impeachment process should they find a wrongdoing.

It is an oversimplification to say the role of Congress is to make laws and keep an eye on the Judicial Branch and the Executive Branch. But, that’s exactly their role. And while the other two branches have checks for Congress, neither can perform the core responsibility: making federal law.

Part two will follow with an overview of the Judicial Branch.

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Works cited:

Article I Section 8 | Constitution Annotated | congress.gov | Library of Congress. Accessed February 19, 2025. https://constitution.congress.gov/browse/article-1/section-8/.

“Constitution of the United States.” U.S. Senate: Constitution of the United States, August 7, 2023. https://www.senate.gov/about/origins-foundations/senate-and-constitution/constitution.htm#a1.

Ehrgott, Forbriger & Co. Diagram of the Federal Government and American Union by N. Mendal Shafer, attorney and counseller at law, office no. 5 Masonic Temple, Cincinnati / lith. by Ehrgott, Forbriger & Co. United States, ca. 1862. [Cin., Ohio: Published by J.T. Pompilly, July 15] Photograph. https://www.loc.gov/item/98503857/.

“History of Senate Committees.” U.S. Senate: History of Senate Committees, February 8, 2024. https://www.senate.gov/committees/history.htm.

Overview of Congress’s investigation and oversight powers | constitution annotated | congress.gov | library of Congress. Accessed February 19, 2025. https://constitution.congress.gov/browse/essay/artI-S8-C18-7-1/ALDE_00013657/.

The House explained. Accessed February 19, 2025. https://www.house.gov/the-house-explained.

Keppler, Udo J., Artist. The law-mills again at work / Keppler. United States, 1900. N.Y.: J. Ottmann Lith. Co., Puck Bldg. Photograph. https://www.loc.gov/item/2010651290/.

“The Legislative Branch.” National Archives and Records Administration. Accessed February 19, 2025. https://obamawhitehouse.archives.gov/1600/legislative-branch.

“The U.S. Senate.” The U.S. Senate | U.S. Capitol - Visitor Center. Accessed February 19, 2025. https://www.visitthecapitol.gov/education-resource/us-senate.

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