The American system of government, begun as an experiment in liberty and democracy in 1776, has proven to be remarkably resilient and adaptable.

While often categorized as a democracy, the United States is more accurately defined as a constitutional federal republic. What does this mean? "Constitutional" refers to the fact that government in the United States is based on a Constitution which is the supreme law of the United States. The Constitution not only provides the framework for how the federal and state governments are structured, but also places significant limits on their powers. "Federal" means that there is both a national government and governments of the 50 states. A "republic" is a form of government in which the people hold power, but elect representatives to exercise that power.

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 influences.

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 officials. These officials 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

THE ROLE OF THE U.S. CONSTITUTION

The U.S. Constitution is the blueprint for the American system of government. Ratified in 1788, the Constitution defines three separate branches of government (legislative, executive, and judicial), their powers, and how positions in each are to be filled.

One defining 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 Congress 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 exercise 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 Constitution 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 executive powers of all levels of government. Any law or portion of a law that is deemed by the courts to be in conflict with the Constitution is nullified, with the U.S. Supreme Court having the final say in such matters.

Amendments to the Constitution are adopted when proposed by two-thirds of the House and Senate and ratified by three-fourths of the states. This is a difficult process, with only 27 amendments having been made since the Constitution was ratified. Of these, only 16 have been adopted since 1800.

Caption On the right, two overlapping pages of the original text of the Constitution. On the left, a printed, annotated version of a House joint resolution amending the Constitution and proposing a Bill of Rights with 17 amendments, August 24, 1789.

HOW FEDERAL, STATE, AND LOCAL GOVERNMENTS INTERACT

The Constitution not only defines the structure and powers of the federal government, but also contains general provisions regarding state government. Each state, in turn, has its own constitution which contains provisions for local governments within the state. Local governments may include cities, counties, towns, school districts, and special-purpose districts, which govern such matters as local natural resources or transportation networks.

The federal government is limited to the powers and responsibilities specifically granted to it by the U.S. Constitution. Some of the powers listed in the Constitution include regulating commerce between the states, providing for national defense, creating money, regulating immigration and naturalization, and entering into treaties with foreign countries.

Over time, however, the Constitution has been interpreted and amended to adapt to changing circumstances, and the powers exercised by the federal government have changed with it. Working with the states, the federal government creates certain laws and programs that are funded federally, but administered by the states. Education, social welfare, assisted housing and nutrition, homeland security, transportation, and emergency response are key areas where states deliver services using federal funds and subject to federal guidelines.

This gives the federal government the power to influence the states. For example, in the 1970s, the federal government wanted to lower highway speed limits to reduce energy consumption. Rather than simply legislate a lower speed limit, the federal government threatened to withhold money for road projects from states that did not themselves lower the speed limit in their states. In many cases, the states must also partially fund the programs to qualify for federal funds.

A local government is chartered according to its state's constitution. Just as the policies enacted by the state government must not conflict with federal law, a local government is subject to the legal environment created by the state's constitution and statutes.

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