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Table of Contents
Unit 2 Overview: Interactions Among Branches of Government
2.1 Congress: The Senate and the House of Representatives
2.2 Structures, Powers, and Functions of Congress
2.3 Congressional Behavior
2.4 Roles and Power of the President
2.5 Checks on the Presidency
2.6 Expansion of Presidential Power
2.7 Presidential Communication
2.8 The Judicial Branch
2.9 Legitimacy of the Judicial Branch
2.10 The Court in Action
2.11 Checks on the Judicial Branch
2.12 The Bureaucracy
2.13 Discretionary and Rule-Making Authority
2.14 Holding the Bureaucracy Accountable
2.15 Policy and the Branches of Government

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2.15 Policy and the Branches of Government

Verified for the 2025 AP US Government exam•Citation:

A policy is a set of guidelines, rules, or principles that are put in place by a government or other organization to achieve specific goals. The three branches of government in the United States are the legislative branch, executive branch, and judicial branch. The legislative branch makes the laws, the executive branch enforces the laws, and the judicial branch interprets the laws. Each branch has its own responsibilities, powers, and limitations, and they work together to balance the powers of the government.

What does each branch do?

Legislative Branch

The legislative branch, also known as the U.S. Congress, is one of the three branches of the federal government of the United States. Its primary responsibility is to make laws. The legislative branch is comprised of two houses: the Senate and the House of Representatives.

The Senate has 100 members, two from each state, and serves as the upper chamber of Congress. The House of Representatives has 435 members, with the number of representatives from each state based on population, and serves as the lower chamber of Congress.

Together, the Senate and the House of Representatives hold the power to tax, regulate commerce, declare war, and control government spending. They also have the power to approve presidential appointments and ratify treaties.

The legislative branch is an important component of the U.S. system of checks and balances, as it serves as a counterbalance to the powers of the executive branch and the judicial branch.

Example

Let's say a group of citizens is concerned about the increase in traffic accidents caused by distracted driving. They want to see stricter laws put in place to reduce the number of accidents.

The citizens or an advocacy group would then approach their representative in the House of Representatives with their proposal. The representative would draft a bill addressing the issue of distracted driving and submit it to the House of Representatives.

The bill would then go through a series of hearings, debates, and votes in both the House of Representatives and the Senate. If both houses approve the bill, it would then go to the President for approval.

If the President signs the bill into law, it becomes a part of the U.S. code. The executive branch would then be responsible for enforcing the new law, and the judicial branch would interpret the law if there are any challenges or disputes.

Judicial Branch

The judicial branch of the U.S. government is responsible for interpreting the laws and the Constitution. The judicial branch is comprised of the federal court system, including the Supreme Court and various lower federal courts.

The Supreme Court is the highest court in the land and has the final say on all constitutional issues. The other federal courts are responsible for hearing cases that involve federal law. The judicial branch also has the power to hear cases involving disputes between states and to hear cases brought against the federal government.

The judges in the federal court system are appointed by the President and confirmed by the Senate. They hold their positions for life, subject to good behavior, to ensure their independence and impartiality in interpreting the laws.

The judicial branch plays a critical role in the U.S. system of checks and balances by serving as an independent arbiter of the law. Its decisions help to ensure that the government operates within the bounds of the Constitution and that the rights of individuals are protected.

Example

Let's say a person is arrested for a crime and goes to trial in a state court. The defendant believes that their rights under the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures, were violated during the arrest.

If the defendant is found guilty in the state court, they have the right to appeal the decision to a higher court. The case may eventually end up in the federal court system, where the defendant can argue that their Fourth Amendment rights were violated.

The federal court would then hear the case and make a decision based on the interpretation of the Fourth Amendment and the facts of the case. The decision of the federal court would be final, unless the defendant decides to appeal to the Supreme Court.

If the Supreme Court agrees to hear the case, it would make a final decision on the interpretation of the Fourth Amendment and the rights of the defendant. The decision of the Supreme Court would set a legal precedent for future cases involving similar issues.

Executive Branch

The executive branch of the U.S. government is responsible for enforcing the laws and implementing the policies set by the legislative branch. The head of the executive branch is the President of the United States, who is also the commander-in-chief of the military.

The executive branch includes the Vice President, the Cabinet (which is made up of the heads of various executive departments), and a number of executive agencies that are responsible for carrying out specific functions. For example, the Department of Justice is responsible for enforcing the law and protecting the rights of citizens, while the Department of Defense is responsible for the military.

The President has the power to veto laws passed by Congress, and the Senate must approve presidential nominations for federal judges, ambassadors, and executive branch officials. The President also has the power to make treaties with other countries, as long as the treaties are approved by two-thirds of the Senate.

The executive branch plays a critical role in the U.S. system of checks and balances by enforcing the laws and implementing the policies set by the legislative branch. The President serves as the chief executive of the country and has significant powers, but these powers are also limited by the Constitution and by the other branches of government.

Example

Let's say the legislative branch passes a law to increase funding for renewable energy research. The law would then be sent to the President for approval.

If the President signs the bill into law, it becomes a part of the U.S. code. The executive branch would then be responsible for implementing the new law and making sure that the funding for renewable energy research is properly allocated and used.

The Department of Energy, for example, would be responsible for managing the funding for renewable energy research and would work with researchers, universities, and private companies to develop new technologies and advance the field.

The executive branch would also be responsible for enforcing the new law and making sure that the funding is used as intended. If there are any issues or challenges with the implementation of the law, the executive branch would work to resolve them.

Interactions

The interactions between the three branches of government in the U.S. are complex and multifaceted, and each branch must work to balance its powers and responsibilities with those of the other branches. This is all part of the system of checks and balances established by the Constitution to prevent any one branch from becoming too powerful.

The legislative branch makes the laws and sets the policy, but the executive branch is responsible for implementing those laws and policies through the bureaucracy. The judiciary is responsible for interpreting the laws and ensuring that they are constitutional.

This means that there is often a complex interplay between the branches as they work to implement policy and resolve conflicts. For example, the executive branch may argue that certain laws passed by the legislative branch are too restrictive or unworkable, while the legislative branch may argue that the executive branch is not enforcing the laws as intended. The judiciary may also become involved if there are disputes over the interpretation of the laws or the constitutionality of a particular policy.

This interplay can be difficult, as each branch must struggle to maintain its own accountability while also cooperating with the other branches. However, it is an essential aspect of the U.S. system of government, and it helps to ensure that the government operates in a manner that is consistent with the Constitution and protects the rights of the people.

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Key Terms to Review (18)

Cabinet: The Cabinet is a group of high-ranking officials in the executive branch of government, typically composed of the heads of various departments, who advise the president and help implement policy decisions. This advisory body plays a crucial role in shaping national policies and is directly linked to the functioning of the bureaucracy, as it oversees the various departments responsible for executing laws and managing public services.
Department of Defense: The Department of Defense (DoD) is the federal agency responsible for coordinating and supervising all agencies and functions of the government relating directly to national security and the military. It plays a crucial role in setting defense policy, managing military operations, and overseeing various branches of the armed forces, thereby influencing discretionary authority, rule-making, and the interaction of different government branches in national security matters.
Department of Energy: The Department of Energy (DOE) is a federal agency responsible for shaping energy policy, advancing scientific research, and promoting energy conservation and efficiency in the United States. The DOE plays a critical role in overseeing the nation’s energy production, managing nuclear materials, and addressing environmental impacts related to energy use, all of which intersect with the functions of government branches that create and implement policies.
Department of Justice: The Department of Justice (DOJ) is a federal executive department responsible for enforcing the laws of the United States and ensuring fair and impartial administration of justice. It plays a crucial role in the federal government's law enforcement efforts and includes various agencies, such as the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA), which help carry out its mission. The DOJ's functions include investigating and prosecuting federal crimes, representing the United States in legal matters, and overseeing federal prisons.
Executive Branch: The Executive Branch is one of the three branches of government responsible for enforcing laws and administering public policy. It is headed by the President, who serves as both the head of state and the Commander-in-Chief, and includes various departments and agencies that carry out governmental functions.
Federal Court System: The Federal Court System is the judicial branch of the United States government responsible for interpreting federal laws, resolving disputes involving federal law, and ensuring justice at the national level. It is a hierarchical system comprised of various levels of courts, including District Courts, Circuit Courts of Appeals, and the Supreme Court, each playing a crucial role in upholding the Constitution and federal statutes.
Fourth Amendment: The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures by the government. It establishes the right of individuals to be secure in their persons, houses, papers, and effects against arbitrary invasions of privacy, and it requires law enforcement to obtain a warrant based on probable cause before conducting a search.
House of Representatives: The House of Representatives is one of the two chambers of the United States Congress, responsible for making and passing federal laws. Its structure allows for representation based on population, ensuring that larger states have more influence in the legislative process. This body plays a crucial role in shaping policy, initiating revenue bills, and providing checks and balances against the other branch of government.
Judicial Branch: The Judicial Branch is one of the three branches of the U.S. government responsible for interpreting laws, resolving disputes, and upholding the Constitution. This branch plays a vital role in the system of checks and balances, ensuring that the powers of the legislative and executive branches are within constitutional limits and protecting individual rights.
Legislative Branch: The Legislative Branch is one of the three branches of government responsible for making laws and consists of two houses: the House of Representatives and the Senate. This branch plays a crucial role in shaping public policy, representing the interests of citizens, and holding other branches accountable through various checks and balances.
President of the United States: The President of the United States is the head of state and government, responsible for enforcing laws, conducting foreign policy, and serving as the commander-in-chief of the armed forces. This role connects to various functions and powers, influencing legislative initiatives, managing relationships with other branches of government, and adapting to changing political landscapes while adhering to constitutional amendments.
Renewable Energy Research Law: The Renewable Energy Research Law is a legislative framework that promotes the development and implementation of renewable energy technologies through funding, research grants, and regulatory support. This law aims to enhance energy security, reduce dependence on fossil fuels, and address climate change by fostering innovation in renewable energy sources such as solar, wind, and bioenergy.
Senate: The Senate is one of the two chambers of the United States Congress, composed of 100 members, with each state represented by two senators. It plays a crucial role in the legislative process, as well as in checks and balances within the federal government, impacting policy decisions and the functioning of democracy.
Supreme Court: The Supreme Court is the highest judicial authority in the United States, established by the Constitution, responsible for interpreting laws and ensuring justice. It serves as a check on the other branches of government, influencing policy and protecting individual rights through its rulings.
U.S Code: The U.S. Code is a comprehensive compilation of federal laws in the United States, organized by subject matter and updated regularly to reflect new legislation. It serves as a critical reference for understanding the legal framework of the country and guides the actions of the executive, legislative, and judicial branches of government. The U.S. Code ensures consistency and clarity in federal law, influencing policy-making and administration across various levels of government.
U.S. Congress: The U.S. Congress is the bicameral legislative body of the federal government, composed of the House of Representatives and the Senate, responsible for making laws, overseeing the executive branch, and representing the American public. It plays a crucial role in shaping policy through legislation and serves as a check on the other branches of government, influencing the balance of power within the political system.
U.S. Code: The U.S. Code is a compilation of federal laws in the United States, organized by subject into 53 titles. It serves as the official record of statutory laws enacted by Congress, providing a comprehensive framework for understanding U.S. legislation and its implications on public policy and governance.
Vice President: The Vice President is the second-highest executive officer in the United States government, directly supporting the President and ready to assume the presidency if needed. This role not only involves diplomatic responsibilities and assisting in policy-making but also includes being the tie-breaking vote in the Senate, showcasing its influence on legislative processes and communications with other branches of government.
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