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?).
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.
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.
| Legislative | Executive | Judicial | |
|---|---|---|---|
| Article | I | II | III |
| 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" |
| Job | Makes laws | Carries out (enforces) laws | Interprets laws |
| Who | House: 435 members, 2-year terms, seats based on state population. Senate: 100 members (2 per state), 6-year terms | President (4-year term; limited to two elected terms by the 22nd Amendment), Vice President, Cabinet and federal agencies | Supreme Court (9 justices, a number set by Congress) and lower federal courts |
| Minimum age | House 25, Senate 30 | President 35 | none in the Constitution |
| Key powers | Tax, 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 officials | Decides 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
- 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).
- Committee. A committee studies the bill, holds hearings, and may revise ("mark up") it. Most bills die here.
- Floor vote. The full chamber debates and votes; a simple majority passes the bill.
- Other chamber. The bill goes through the same steps in the other chamber.
- Conference committee. If the versions differ, members of both chambers write one compromise version, and both chambers must pass that identical text.
- 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.
- 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.
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.
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}| Decision | Fraction needed | Full membership | Votes needed |
|---|---|---|---|
| Override a veto (House) | 2/3 | 435 | 290 |
| Override a veto (Senate) | 2/3 | 100 | 67 |
| Senate approves a treaty | 2/3 of senators present | 100 | 67 |
| Senate convicts in an impeachment trial | 2/3 of senators present | 100 | 67 |
| Ratify an amendment | 3/4 of the states | 50 | 38 |
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:
- President John Adams was leaving office. He named William Marbury a justice of the peace (a local judge).
- Marbury never got his commission — the official paper giving him the job.
- 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."
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.
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:
| Step | How |
|---|---|
| 1. Propose | Two-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) |
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.
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:
- "Two thirds of the Senators present concur" → \tfrac{2}{3} \times 100 = 66.67.
- Round up: 67 senators (66 would be less than two-thirds).
- The President makes the treaty, but the Senate must approve it, so one branch limits another: checks and balances.
Answer: 67 senators; checks and balances. Tip: "advice and consent" always signals a Senate check on the President.
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:
- Original passage needs only a majority, so both chambers passed it.
- After the veto, each chamber needs two-thirds. Senate: 70 \div 100 = 70\% \ge 66.7\% ✓.
- House: two-thirds of 435 voting is 290. 280 < 290 ✗.
- Both chambers must reach two-thirds. The House fell short.
Answer: No, the veto stands. Trap: thinking that one chamber's successful override is enough.
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:
- (a) Article I, Section 8: "fix the Standard of Weights and Measures," written in the text → expressed.
- (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).
- (c) Education is not delegated to the national government → reserved to the states (Tenth Amendment).
Answer: (a) expressed, (b) implied, (c) reserved.
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:
- Proposal: House 300 \div 420 \approx 71\% ✓; Senate 70 \div 98 \approx 71\% ✓. Both exceed two-thirds of members voting.
- Ratification needs three-fourths of 50 states: \tfrac{3}{4} \times 50 = 37.5 → 38.
- 36 < 38 ✗.
Answer: Not yet. Two more states must ratify it. Notice that the President never appears in this process.
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.
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
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?
Hint
Legislative means lawmaking. Find where "legislative Powers" are vested.
Step-by-step solution
Where the answer is: Paragraph 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."
Reasoning:
- Legislative means lawmaking, and vested in means "given to."
- The lawmaking power is given to Congress, which has two parts (it is bicameral): the Senate and the House of Representatives.
- The President (Article II) holds the executive power, carrying out laws. The Supreme Court (Article III) holds the judicial power, interpreting laws.
- Note that the House alone (choice D) is only half of Congress; a bill must pass both chambers.
Answer: Congress, made up of the Senate and the House of Representatives
Tip: Memorize the order of the first three articles: I = Legislative (Congress), II = Executive (President), III = Judicial (courts). Articles go in the same order as the classic phrase "make, enforce, interpret."
Check yourself
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?
Hint
Find the length of term for each official: "every second Year," "six years," "four Years," and "during good Behavior."
Step-by-step solution
Where the answer is:
- House members are "chosen every second Year" (paragraph 2) → 2-year terms.
- Senators are elected "for six years" (paragraph 3) → 6-year terms.
- The President serves "during the Term of four Years" (paragraph 4) → 4-year terms.
- Judges "hold their Offices during good Behavior" (paragraph 5) → no fixed term; in practice, life.
Reasoning: Compare: 2 < 4 < 6 < life. The shortest term belongs to members of the House of Representatives.
Why does this matter? Because House members face voters every two years, the framers designed the House to be the chamber closest to the people. Senators, with longer terms, were expected to take a longer view, and judges, with no term limit, are protected from political pressure.
Answer: Members of the House of Representatives
Tip: "Every second Year" is old-fashioned for "every two years." When a primary source uses unusual phrasing for numbers, convert it before comparing.
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.