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CE.2 – American Constitutional Democracy: Structure and Powers of Government (new 2023 standards)
The U.S. Constitution is like the government’s instruction manual. It tells us how our national government is set up, what each part of government can do, and how those parts work together (and sometimes keep each other in check). The Constitution is divided into three main sections—called Articles—that describe the three branches of government.

CE.2a The Three Branches of Government

The national government has three main parts, or branches:

  1. Legislative Branch – Makes the laws
  2. Executive Branch – Carries out the laws 
  3. Judicial Branch – Interprets the laws

Each branch has different responsibilities and powers, and they must work together to run the country fairly and effectively.

CE.2b The Legislative Branch (Article I)

Article 1 of the Constitution establishes the Legislatiave Branch.

This branch is called Congress, and it's made up of two parts :

  • The House of Representatives
    • 435 members, based on each state’s population. 
    • Larger states have more representatives.
  • The Senate:
    • 100 members, with two senators from each state.

Together, they make up a bicameral legislature—“bi” means two, and “camera” means chamber. 

Congress is responsible for writing and passing laws.

  1. How a Bill Becomes a Law:
  1. Someone comes up with an idea for a law.
  2. A member of Congress introduces it as a bill.
  3. The bill goes to committees to be studied and debated.
  4. It must pass both the House and the Senate.
  5. If both parts of Congress agree, the bill goes to the President, who can sign it into law or veto it.
  6. Congress can override a veto with a two-thirds vote.

In addition to making laws, the Legislative Branch also:

  • Approves the annual budget 
  •  Confirms presidential appointments 
  • Raises revenue through taxes and other levies
  •  Regulates interstate and foreign trade 
  • Declares war

Artlicle 1 of the Constitution gives Congress both expressed and implied powers.

  • Expressed powers are specifically listed in the Constitution.  Examples: declaring war,  imposing taxes.
  • Implied powers are used to carry out expressed powers. Examples: creating an air force, punishing tax evaders.
  1. Who Influences Laws?
  • The lawmaking process requires collaboration and compromise.
  • Citizens, interest groups, and lobbyists try to influence lawmakers.
  • People write letters, organize protests, or talk to their representatives to support or oppose laws

CE.2c The Executive Branch (Article II)

Article II of the Constitution establishes the Executive Branch.

This branch is led by the President of the United States, who serves as:

  • Head of State – represents the U.S. around the world.
  • Commander-in-Chief – leads the military.
  • Chief Executive – enforces the laws passed by Congress.
  • Chief Diplomat – works with leaders of other countries.
  • Chief Legislator – proposes ideas for new laws and signs or vetoes bills. 
  • Chief of Party: leader of the political party that nominated him/her.

The Vice President, Cabinet, and many federal agencies (like the FBI or the Department of Education) help the President carry out these responsibilities and execute the laws.

Ways the executive branch influences policymaking

  • Delivering an annual speech to Congress (State of the Union Address) 
  •  Proposing legislation 
  •  Approving or vetoing legislation 
  •  Appointing officials who help carry out the laws 
  •  Issuing executive acts/orders 
  •  Appealing directly through the media and communications with citizens

CE.2d The Judicial Branch (Article III)

Article III of the Constitution establishes the Judicial Branch.

  • The Supreme Court is the highest court in the U.S.
  • There are also lower federal courts, like appeals courts and district courts.

Congress decides how many judges serve and how the court system is organized, but the Constitution requires there be one Supreme Court.

The main job of the courts is to settle disputes and make sure that laws and actions are constitutional—this is called judicial review.

CE.2e Separation of Powers and Checks and Balances



Articles I, II, and III of the Constitution define the powers of the three branches of government.    

The Constitution divides power between these three branches so no one group gets too powerful. This is called separation of powers.

Each branch also has the ability to limit or “check” the power of the other branches. This is called the system of checks and balances.



Examples:

  • The President proposes legislation and prepares an annual budget for Congress to approve.
  • Congress makes laws, but the President can veto them. Congress can override the presidential veto.
  • The President nominates judges and justices of the Supreme Court, but the Senate must approve them.
  • The courts can strike down laws passed by Congress or executive actions of the President that violate the Constitution.
  • Congress can impeach and convict the President

  1. Other Concepts to Know:

Bill of Rights

  • The first 10 amendments to the Constitution.
  • Protect rights like freedom of speech, religion, and the press, as well as the right to due process (fair treatment under the law).


Due Process

  • The government must follow fair legal procedures.
  • Protected by the 5th Amendment (for the federal government) and the 14th Amendment (for state governments).


Judicial Review

  • Courts can declare a law or action unconstitutional. 
  •  This power was established by the famous Supreme Court case Marbury v. Madison (1803).