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rule of law – that is, government and its officers in all that they do are always
subject to, never above the law. The Constitution distributes the powers of the
National Government among the Congress (the legislative branch), the President
(the executive branch) and the courts (the judicial branch). Thus, the Congress is
the law-making branch of the National Government. The President is given the
law-executing, law-enforcing and law-administering powers of the National
Government. The Federal Courts, and most importantly Supreme Court,
interpret and apply the laws of the United States in cases brought before them.
The National Government is organized around three separate branches. But
these three branches are not entirely separated nor completely independent of
one another. Rather they are tied together by a complex system of checks and
balances. Each branch is subject to a number of constitutional checks (restraints)
by either or both of the others. In other words, each branch has certain powers
with which it can check the operations of the other two.
Courts have the power of judicial review – the power to decide whether
what the government does is in accord with what the Constitution provides.
More exactly, the judicial review may be defined in the following terms: It is the
power of a court to determine the constitutionality of a government action. The
power of judicial review is held by all federal courts and by most State courts.
American governmental system is federal in form. The powers held by
government are distributed on territorial basis. Some of those powers are held by
the National Government and others belong to the 50 states.
The powers of the federal (national) government include the right to
declare war; the right to tax; the right to borrow and coin money, and to regulate
its value; the right to regulate commerce between the states; the right to maintain
a postal system.
Every state has its own constitution. It also has the three-branches-of-
government structure. State chief executives are called governors, and state
legislators are usually known as representatives and senators.
The powers of the state are to control education, regulate corporations and
business within the state, determine most election procedures, and regulate local
governments. The states also make and administer civil (citizens’ private rights)
and criminal laws.
II
The fundamental rights of the American people are stated in the first ten
Constitutional Amendments. Among these rights are the freedom of religion,
speech, and the press, the right of peaceful assembly, and the right to petition the
government to correct wrongs. Other rights guarded the citizens against
unreasonable searches, arrests, and seizures of property, and established a
system of justice guaranteeing orderly legal procedures. This included the right
of trial by jury, that is, being judged by one’s fellow citizens.
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