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Structure and Design of the U.S. Government

Learn how the Constitution builds the three branches, how a bill becomes a law, how judicial review and the amendment process work, and how powers are divided.

Practice this skill 20 min Structure and design of the U.S. government Leer en español
Key idea

What you'll learn

This lesson covers how the U.S. government is built and how it works. The blueprint is the Constitution, written in 1787. Amendments — formal changes — have updated it since. You will learn:

  • the three branches, and what Articles I, II, and III say about each,
  • how a bill becomes a law, including vetoes, overrides, and pocket vetoes,
  • judicial review and the case that set it up, Marbury v. Madison (1803),
  • the kinds of power: enumerated (expressed), implied, reserved, and concurrent,
  • how the Constitution is amended (Article V),
  • how the national and state governments fit together (the Tenth Amendment and the Supremacy Clause).

How it shows up on the GED: Questions about how government is built are some of the most common in Civics. You will:

  • read real lines from the Constitution,
  • follow a flowchart of how laws are made,
  • sort powers in a chart or Venn diagram,
  • do simple "supermajority" math (how many votes is two-thirds of the Senate?).
Words to know

Key terms

  • Congress — the national lawmaking body. It has two parts: the Senate (100 members) and the House of Representatives (435 voting members).
  • bicameral — having two chambers, or houses (Congress has the House and the Senate).
  • committee — a small group of lawmakers who study bills on one topic. Most bills "die in committee."
  • conference committee — House and Senate members who work out one final version of a bill.
  • veto — the President's "no" to a bill.
  • override — Congress passing a bill despite a veto. It takes a two-thirds vote in each chamber.
  • pocket veto — a bill dies because the President does not sign it within ten days (not counting Sundays) and Congress has adjourned (ended its meeting).
  • judicial review — the power of courts to declare laws or government actions unconstitutional, meaning against the Constitution.
  • enumerated (expressed) powers — powers written in the Constitution (Congress may "coin Money").
  • implied powers — powers not written down but "necessary and proper" to carry out the written ones (creating a national bank).
  • reserved powers — powers kept by the states or the people (running schools).
  • concurrent powers — powers both levels share (taxing, borrowing).
  • Supremacy Clause — Article VI. The Constitution and federal laws are "the supreme Law of the Land."
  • amendment — a formal change to the Constitution (27 so far).
  • impeachment — the House's formal charge against an official. The Senate then holds the trial.

All Social Studies words in the glossary

Articles I–III: the three branches

In plain words: One branch makes the laws, one carries them out, and one explains them.

Think of a sports league. One group writes the rulebook. The referees enforce the rules during games. A review board decides what a rule means when there is a dispute. The U.S. government works the same way.

The Constitution's first three articles each create one branch. They go in this order: make → enforce → interpret.

The Constitution's first three articles create three branches. Article I, legislative branch, makes laws: House of 435 members with 2-year terms, age 25 or older; Senate of 100 members, 2 per state, 6-year terms, age 30 or older. Article II, executive branch, carries out laws: President with a 4-year term, age 35 or older, limited to two elected terms by the 22nd Amendment, plus the Vice President, Cabinet and agencies. Article III, judicial branch, interprets laws: Supreme Court of 9 justices, a number set by Congress, plus lower federal courts; judges serve during good behavior. The order is make, enforce, interpret.Articles I–III: Three BranchesTHE CONSTITUTION (1787)LEGISLATIVEArticle Imakes lawsHouse: 435 members,2-year terms, age 25+Senate: 100 (2 per state),6-year terms, age 30+EXECUTIVEArticle IIcarries out lawsPresident: 4-year term,age 35+, two electedterms (22nd Amend.)VP, Cabinet, agenciesJUDICIALArticle IIIinterprets lawsSupreme Court: 9 justices(number set by Congress)lower federal courtsserve during good behavior1. MAKE2. ENFORCE3. INTERPRETArticle order follows the job order: make → enforce → interpret.
LegislativeExecutiveJudicial
ArticleIIIIII
Opening words"All legislative Powers herein granted shall be vested in a Congress""The executive Power shall be vested in a President""The judicial Power ... shall be vested in one supreme Court, and in such inferior Courts as the Congress may ... establish"
JobMakes lawsCarries out (enforces) lawsInterprets laws
WhoHouse: 435 members, 2-year terms, seats based on state population. Senate: 100 members (2 per state), 6-year termsPresident (4-year term; limited to two elected terms by the 22nd Amendment), Vice President, Cabinet and federal agenciesSupreme Court (9 justices, a number set by Congress) and lower federal courts
Minimum ageHouse 25, Senate 30President 35none in the Constitution
Key powersTax, borrow, regulate trade, declare war, approve the budget; Senate confirms appointments and approves treaties (two-thirds)Commander in chief, signs or vetoes bills, makes treaties, nominates judges and officialsDecides cases under the Constitution and federal law; judicial review

How senators are chosen. At first, state lawmakers picked senators. The Seventeenth Amendment (1913) changed this. Now senators are "elected by the people thereof," meaning by the voters of each state.

How federal judges are chosen. The President appoints (picks) them. The Senate confirms (approves) them. They "hold their Offices during good Behavior." In practice, that means for life. This keeps judges safe from political pressure.

How a bill becomes a law

Flowchart: how a federal bill becomes a law. Step 1, a member introduces the bill in the House or the Senate. Step 2, a committee studies the bill, holds hearings, and may change it or let it die. Step 3, the full chamber debates and votes; a simple majority passes it. Step 4, the other chamber repeats steps 2 and 3. Step 5, a conference committee settles any differences and both chambers pass the identical final version. Step 6, the President acts on the bill. If the President signs it, it becomes a law. If the President does nothing for 10 days (Sundays excepted), it becomes law if Congress is in session, but it is a pocket veto if Congress has adjourned. If the President vetoes the bill, it returns to Congress with objections. Step 7, override: if two-thirds of the House and two-thirds of the Senate vote again to pass it, it becomes a law without the President. If the override vote fails, the bill does not become law. How a Federal Bill Becomes a Law 1. A member introduces the bill in the House or the Senate 2. Committee studies the bill, holds hearings, may change it or let it die 3. Full chamber debates and votes (simple majority to pass) 4. Other chamber repeats steps 2 and 3 5. Conference committee settles any differences; both chambers pass the identical final version 6. PRESIDENT acts on the bill SIGNS the bill → it becomes a LAW Does nothing for 10 days (Sundays excepted): law if Congress is in session; POCKET VETO if Congress has adjourned VETOES the bill → returns it to Congress with objections 7. OVERRIDE: if 2/3 of the House AND 2/3 of the Senate vote again to pass it, it becomes a LAW without the President If the override vote fails, the bill does not become law
  1. Introduction. A member of the House or Senate introduces the bill. Bills for raising revenue (taxes) must start in the House: "All Bills for raising Revenue shall originate in the House of Representatives" (Article I, Section 7).
  2. Committee. A committee studies the bill, holds hearings, and may revise ("mark up") it. Most bills die here.
  3. Floor vote. The full chamber debates and votes; a simple majority passes the bill.
  4. Other chamber. The bill goes through the same steps in the other chamber.
  5. Conference committee. If the versions differ, members of both chambers write one compromise version, and both chambers must pass that identical text.
  6. President. The President has four options:
    • Sign it → law.
    • Veto it → it goes back to the chamber where it started, with the President's objections.
    • Do nothing for ten days (Sundays excepted) while Congress is in session → it becomes law without a signature.
    • Do nothing when Congress adjourns before the ten days end → pocket veto; the bill dies.
  7. Override. Congress can override a regular veto with a two-thirds vote in both the House and the Senate. Overrides are rare because two-thirds is hard to reach.
Decision diagram of the President's four options when a bill arrives. Sign it: the bill becomes law. Veto it: the bill goes back to Congress, which can override with two-thirds of both chambers; otherwise the veto stands. Do nothing for ten days, Sundays excepted, while Congress is in session: the bill becomes law without a signature. Do nothing when Congress adjourns before the ten days end: pocket veto, and the bill dies.The President's Four OptionsBill reaches the PresidentSigns itBecomes lawVetoes itOverride with 2/3Does nothing 10 days(Sundays excepted),Congress in sessionBecomes lawDoes nothing,Congress adjournsPocket veto: diesboth chambers → law; else veto stands

Example: "The President returned the bill with a list of objections. The House voted 300–130 to pass it again, but the Senate vote was 60–40." Is it law? The House reached two-thirds (300 out of 430 voting is about 70%), but the Senate did not (60% is less than 66.7%). Not law.

Bar chart of an override attempt. House: 300 yes out of 430 voting; the two-thirds line is 287, so the House reached it. Senate: 60 yes out of 100 voting; the two-thirds line is 67, so the Senate fell short. Override needs two-thirds in both chambers, so the bill is not law.Override Attempt: 300–130 House, 60–40 SenateHouse300 yes of 430 voting2/3 line = 287✓ reachedSenate60 yes of 100 voting2/3 line = 67✗ shortOverride needs two-thirds in BOTH chambers. The Senate fell short, so the bill is not law.
Formula

Supermajority math

Some decisions need more than a simple majority (more than half). They need a supermajority — a larger share, such as two-thirds.

\text{votes needed} = \tfrac{2}{3} \times \text{members voting, rounded UP to a whole number}
DecisionFraction neededFull membershipVotes needed
Override a veto (House)2/3435290
Override a veto (Senate)2/310067
Senate approves a treaty2/3 of senators present10067
Senate convicts in an impeachment trial2/3 of senators present10067
Ratify an amendment3/4 of the states5038
Bars showing the minimum supermajorities when all members vote. House veto override: 290 of 435 members, the two-thirds line. Senate veto override: 67 of 100, the two-thirds line. Ratifying an amendment: 38 of 50 states, the three-fourths line. Always round up: two-thirds of 100 is 66.67, so 67; three-fourths of 50 is 37.5, so 38; two-thirds of 435 is 290.Supermajority ThresholdsHouse override290 of 435 members2/3 line = 290minimumSenate override67 of 100 members2/3 line = 67minimumRatify amendment38 of 50 states3/4 line = 38minimumAlways round UP: 2/3 × 100 = 66.67 → 67; 3/4 × 50 = 37.5 → 38; 2/3 × 435 = 290.

Always round up. \tfrac{3}{4} \times 50 = 37.5. But 37 states would be less than three-fourths. So 38 are needed.

Judicial review: Marbury v. Madison (1803)

In plain words: Courts can cancel a law that breaks the Constitution.

Think of a club with a written rulebook. The officers pass a new rule that goes against the rulebook. A member complains. Someone must decide which one wins. In the U.S., the courts make that call, and the Constitution always wins.

The Constitution never uses the words "judicial review." The Supreme Court set up this power in Marbury v. Madison (1803).

What happened:

  1. President John Adams was leaving office. He named William Marbury a justice of the peace (a local judge).
  2. Marbury never got his commission — the official paper giving him the job.
  3. Marbury asked the Supreme Court to order the new Secretary of State, James Madison, to hand it over. He used a power that the Judiciary Act of 1789 gave the Court.

The decision: Chief Justice John Marshall said two things:

  • Marbury did deserve his commission.
  • But the part of the Judiciary Act that gave the Court this power went against the Constitution. So that part was void — it had no force.

Marshall wrote: "It is emphatically the province and duty of the judicial department to say what the law is." He also wrote: "a law repugnant to the constitution is void." Repugnant here means "in conflict with."

Flow of Marbury v. Madison, 1803. President Adams names William Marbury a justice of the peace. His commission is never delivered. Marbury asks the Supreme Court to order Secretary of State Madison to deliver it, using a power from the Judiciary Act. Chief Justice Marshall rules that this part of the Act conflicts with the Constitution. When the Constitution and the conflicting section clash, the Constitution wins and that part of the Act is void. The result is judicial review, the courts' power to strike down unconstitutional laws.Marbury v. Madison: How Judicial Review BeganAdams names Marburyjustice of the peaceCommission isnever deliveredMarbury asks Court toorder Madison (Judiciary Act)Marshall: that part ofthe Act conflicts withthe ConstitutionU.S. Constitution(supreme law)Judiciary Act sectionthat conflictsvs.Constitution winsthat part is VOIDResult (1803): judicial review, the courts' power to strike down unconstitutional laws.

Why it matters: Courts can strike down laws and actions that break the Constitution. Judicial review is the courts' strongest check on the other two branches. It makes the Constitution truly "the supreme Law of the Land."

Kinds of power, and changing the Constitution

In plain words: Some powers are written down. Some are implied. Some belong to the states. Some are shared.

Venn diagram of federalism. Federal (delegated) powers only: declare war, coin and print money, make treaties, regulate trade between states and with other nations, run the postal service, raise armed forces. State (reserved) powers only: set up public schools, issue driver's licenses, create local governments, run elections, regulate trade within the state. Concurrent (shared) powers in the overlap: collect taxes, borrow money, set up courts, make and enforce laws, build roads. Federalism: Dividing Power Between Nation and States FEDERAL (delegated) STATE (reserved) CONCURRENT (shared) Declare war Coin and print money Make treaties Regulate trade between states and with nations Run the postal service Raise armed forces Collect taxes Borrow money Set up courts Make and enforce laws Build roads Set up public schools Issue driver's licenses Create local governments Run elections Regulate trade within the state

Enumerated (expressed) powers are listed in the Constitution, mostly in Article I, Section 8. Examples:

  • tax and borrow,
  • regulate commerce (trade),
  • coin money and set up post offices,
  • declare war, raise armies, and keep a navy.

Implied powers come from the last clause of Section 8. It is called the Necessary and Proper Clause or the "elastic clause," because it stretches. It says Congress may "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers."

  • Think of a job list that says "keep the store clean." It does not say "buy a mop," but buying a mop is clearly implied.
  • In McCulloch v. Maryland (1819), the Supreme Court said Congress could create a national bank. The word "bank" is not in the Constitution. But a bank helped Congress carry out its powers to tax and borrow.
  • Other examples: creating the Air Force (from the army and navy powers) and setting up federal agencies.

Reserved powers belong to the states. The Tenth Amendment says: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Examples: schools, marriage and driver's licenses, local governments, and running elections.

Concurrent powers are shared by both levels: taxing, borrowing, creating courts, and making and enforcing laws.

When they clash: Under the Supremacy Clause (Article VI), a valid federal law beats a state law that conflicts with it.

Amending the Constitution (Article V) takes two steps:

StepHow
1. ProposeTwo-thirds of both houses of Congress, or a national convention called by two-thirds of state legislatures (never used so far)
2. Ratify (formally approve)Three-fourths of the states (38 of 50), by their legislatures or by special state conventions (conventions used only once, for the 21st Amendment in 1933)
Flowchart of the Article V amendment process. Step 1, propose: usually by two-thirds of the House and two-thirds of the Senate; or by a national convention called by two-thirds of state legislatures, never used so far. Step 2, ratify: usually by three-fourths of state legislatures, 38 of 50; or by special conventions in three-fourths of the states, used once for the 21st Amendment in 1933. Then it is part of the Constitution. The President has no signature and no veto.Amending the Constitution (Article V)STEP 1: PROPOSESTEP 2: RATIFYUsual route2/3 of the House AND 2/3 of the Senate— or —national convention called by2/3 of state legislatures(never used so far)Usual route3/4 of state legislatures (38 of 50)— or —special conventions in 3/4 of states(used once: 21st Amendment, 1933)Part of the Constitutioneither routePresident: no signature, no veto

The President has no formal role in amendments: no signature and no veto. Only 27 amendments have been ratified. The first ten (the Bill of Rights) came in 1791. The most recent, the 27th, came in 1992.

Worked example

Example 1 — Read a constitutional clause

Source: Article II, Section 2: "He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur…"

Question: If all 100 senators are present, what is the minimum number needed to approve a treaty, and which principle does this show?

Think-aloud:

  1. "Two thirds of the Senators present concur" → \tfrac{2}{3} \times 100 = 66.67.
  2. Round up: 67 senators (66 would be less than two-thirds).
  3. The President makes the treaty, but the Senate must approve it, so one branch limits another: checks and balances.
Dot grid of 100 senators, 67 filled in blue. With all 100 present, two-thirds of 100 is 66.67, which rounds up to 67, the minimum needed to approve a treaty. The President makes the treaty and the Senate must approve it, so one branch limits another: checks and balances.Treaty Approval: Two-Thirds of 100 Senators67 senators= minimum toapprove a treaty2/3 × 100 = 66.67round UP → 67Advice and consent: the President makes the treaty; the Senate must approve it.One branch limits another = checks and balances.Each dot = 1 senator present (100 in all).

Answer: 67 senators; checks and balances. Tip: "advice and consent" always signals a Senate check on the President.

Worked example

Example 2 — Follow the lawmaking process

Source: the bill flowchart.

Question: A bill passes the Senate 58–42 and the House 240–195. The President vetoes it. The Senate then votes 70–30 to override, and the House votes 280–155. Does the bill become law?

Think-aloud:

  1. Original passage needs only a majority, so both chambers passed it.
  2. After the veto, each chamber needs two-thirds. Senate: 70 \div 100 = 70\% \ge 66.7\% ✓.
  3. House: two-thirds of 435 voting is 290. 280 < 290 ✗.
  4. Both chambers must reach two-thirds. The House fell short.
Bar chart of the override votes in Example 2. Senate: 70 yes of 100 voting; the two-thirds line is 67, so it is reached. House: 280 yes of 435 voting; the two-thirds line is 290, so it is 10 votes short. Because both chambers must reach two-thirds, the veto stands.Override Votes: Senate 70–30, House 280–155Senate70 yes of 100 voting2/3 line = 67✓ reachedHouse280 yes of 435 voting2/3 line = 290✗ shortThe House is 10 votes short of 290, so the veto stands.

Answer: No, the veto stands. Trap: thinking that one chamber's successful override is enough.

Worked example

Example 3 — Expressed, implied, or reserved?

Question: Classify each: (a) Congress sets a standard for weights and measures. (b) Congress creates a national agency to inspect food crossing state lines. (c) A state sets the number of school days per year.

Think-aloud:

  1. (a) Article I, Section 8: "fix the Standard of Weights and Measures," written in the text → expressed.
  2. (b) "Food inspection agency" is not in the text, but it helps carry out the listed power "To regulate Commerce ... among the several States" → implied (Necessary and Proper Clause).
  3. (c) Education is not delegated to the national government → reserved to the states (Tenth Amendment).
Decision tree for classifying a national power. Is the power written in the Constitution? Yes: expressed, for example (a) fixing the standard of weights and measures. No: does it help carry out a listed national power? Yes: implied, for example (b) a food inspection agency that helps regulate interstate commerce. No: reserved to the states, for example (c) setting the number of school days per year, under the Tenth Amendment.Expressed, Implied, or Reserved?Is the power written inthe Constitution?yesnoEXPRESSEDDoes it help carry out alisted national power?yesnoIMPLIEDRESERVED (states)(a) weights and measures(b) food inspection agency(regulate interstate commerce)(c) school days per year(Tenth Amendment)

Answer: (a) expressed, (b) implied, (c) reserved.

Worked example

Example 4 — The amendment process

Source: Article V (see the excerpt in the practice questions).

Question: An amendment passes the House 300–120 and the Senate 70–28. Within a few years, 36 state legislatures ratify it. Is it part of the Constitution?

Think-aloud:

  1. Proposal: House 300 \div 420 \approx 71\% ✓; Senate 70 \div 98 \approx 71\% ✓. Both exceed two-thirds of members voting.
  2. Ratification needs three-fourths of 50 states: \tfrac{3}{4} \times 50 = 37.5 → 38.
  3. 36 < 38 ✗.
Bar chart of the amendment in Example 4. House: 300 yes of 420 voting; the two-thirds line is 280, reached. Senate: 70 yes of 98 voting; the two-thirds line is 66, reached. States: 36 of 50 ratified; the three-fourths line is 38, so it is 2 states short. The proposal passed, but the amendment is not yet part of the Constitution.Amendment Tally: Propose, Then RatifyHouse300 yes of 420 voting2/3 line = 280✓ reachedSenate70 yes of 98 voting2/3 line = 66✓ reachedStates36 ratified of 50 states3/4 line = 38✗ shortProposal passed, but ratification is 2 states short of 38. Not yet part of the Constitution.

Answer: Not yet. Two more states must ratify it. Notice that the President never appears in this process.

Common mistake

Common traps

  • Mixing up the articles. Wrong: "Article I is about the President." Right: I = Congress, II = President, III = courts.
  • Thinking a veto is final. Right: Congress can override with two-thirds of both chambers.
  • Forgetting the pocket-veto exception. Wrong: "If the President does nothing for ten days, the bill always becomes law." Right: only while Congress is in session; if Congress has adjourned, the bill dies.
  • Rounding down in supermajority math. Wrong: "Two-thirds of 100 is 66." Right: 66.67 rounds up to 67.
  • Giving the President a role in amendments. Right: Article V involves only Congress (or a convention) and the states.
  • Believing judicial review is written in the Constitution. Right: it was established by Marbury v. Madison (1803).
  • Calling a listed power "implied." Wrong: "Declaring war is implied." Right: it is written in Article I, Section 8, so it is expressed. Implied powers are the ones not written.
Test strategy

GED strategy for structure-of-government questions

  • Know the map: Article I = Congress, II = President, III = courts, V = amendments, VI = supremacy; 10th Amendment = reserved powers.
  • On flowcharts, follow arrows in order and underline time words in the question (before, after, first).
  • Watch exceptions in legal text: unless, except, provided that. The pocket veto lives in an "unless."
  • For supermajority math, multiply by the fraction and round up. Check that your answer really meets the fraction. The calculator is available for these items.
  • For power classification, search the listed powers first (expressed). Not listed but helps carry out a listed power? Implied. Not given to the nation at all? Reserved to the states. Both levels clearly need it? Concurrent.
  • Separate "who proposes" from "who approves" (amendments, treaties, judges).

Check yourself

Structure and design of the U.S. government
The Constitution Creates Three Branches

(1) Article I, Section 1: "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."

(2) Article I, Section 2: "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States…"

(3) Seventeenth Amendment (1913): "The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote."

(4) Article II, Section 1: "The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years…"

(5) Article III, Section 1: "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…"

Word help: vested in = given to; legislative = lawmaking; executive = carrying out laws; judicial = relating to courts and judges; inferior courts = lower courts; ordain = set up; during good Behaviour = as long as they behave properly (in practice, for life).

According to Article I, Section 1, which body holds the power to make federal laws?

Answer choices
Hint

Legislative means lawmaking. Find where "legislative Powers" are vested.

Check yourself

Structure and design of the U.S. government
The Constitution Creates Three Branches

(1) Article I, Section 1: "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."

(2) Article I, Section 2: "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States…"

(3) Seventeenth Amendment (1913): "The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote."

(4) Article II, Section 1: "The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years…"

(5) Article III, Section 1: "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…"

Word help: vested in = given to; legislative = lawmaking; executive = carrying out laws; judicial = relating to courts and judges; inferior courts = lower courts; ordain = set up; during good Behaviour = as long as they behave properly (in practice, for life).

Based on the excerpts, which federal officials serve the shortest terms?

Answer choices
Hint

Find the length of term for each official: "every second Year," "six years," "four Years," and "during good Behavior."

Summary

  • Articles I, II, and III create three branches. Congress makes laws. The President enforces laws. The courts interpret laws.
  • A bill must pass both chambers in the exact same form. Then the President signs it, vetoes it, or lets it become law. A pocket veto kills a bill when Congress adjourns.
  • Congress overrides a veto with two-thirds of both chambers. That is 290 House votes and 67 Senate votes when everyone votes.
  • Judicial review is the power to strike down laws that break the Constitution. It comes from Marbury v. Madison (1803).
  • Powers can be enumerated (written), implied (Necessary and Proper Clause), reserved (Tenth Amendment), or concurrent (shared). In a conflict, federal law wins.
  • Amendments: two-thirds of Congress propose, three-fourths of the states (38) ratify. The President has no role.
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