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Civic education · the structure

The offices & their powers

Who holds authority, where it comes from, and how it ends. Every office below is created by the Constitution's first three articles; every power links to the clause that grants it and the checks that answer it.

Terms & limits at a glance

Only the presidency is term-limited · term limitsOnly the presidency is term-limited federally: two elected terms (Twenty-Second Amendment). Members of Congress can serve unlimited terms; states cannot change that.Read the full definition (opens a new tab)
OfficeBranchHow obtainedTermTerm limitRemovable by
U.S. RepresentativeLegislativeDirectly elected by the district's voters, every two years2 yearsNoneExpulsion by a two-thirds vote of the House
U.S. SenatorLegislativeElected statewide since 1913, in staggered six-year classes6 yearsNoneExpulsion by a two-thirds vote of the Senate
Speaker of the HouseLegislativeElected by the full House, in practice the majority party's choice2 years (the life of a Congress)NoneThe House can vacate the chair by majority vote (a 'motion to vacate') or simply elect someone else at any time
President pro tempore of the SenateLegislativeElected by the Senate, by custom its most senior majority-party memberUntil the Senate chooses otherwiseNoneThe Senate may elect a replacement at any time
President of the United StatesExecutiveElected every four years by the Electoral College, 270 of 538 electors win4 yearsTwo elected termsImpeachment by the House and conviction by two-thirds of the Senate
Vice PresidentExecutiveElected on the presidential ticket, on the electors' separate ballot4 yearsNone as VPImpeachment and Senate conviction, like all civil officers
Cabinet Secretary (department head)ExecutivePresidential nomination, Senate majority confirms, serves at willNo fixed termNoneFired by the President at will, no Senate involvement, or impeached and convicted
Supreme Court JusticeJudicialPresidential nomination, Senate majority confirmsLife (during good behavior)NoneImpeachment by the House and conviction by two-thirds of the Senate
Chief Justice of the United StatesJudicialNominated and confirmed to this office itself, even if already a justiceLife (during good behavior)NoneImpeachment and Senate conviction, like any judge
Federal Judge (district & circuit)JudicialPresidential nomination, Senate majority confirmsLife (during good behavior)NoneImpeachment and Senate conviction, the only way

Legislative branch

Created by Article I

U.S. Representative

435 voting members (+6 non-voting delegates)

The chamber closest to the people by design: the whole House answers to voters every two years, and revenue bills must start here.

Chosen
Elected directly by the voters of a congressional district, every district electing in every even-numbered year.
Term
2 years
Limit
None States cannot impose congressional term limits (U.S. Term Limits v. Thornton, 1995); only a constitutional amendment could.
Qualifies
At least 25 years old, a U.S. citizen for 7 years, and an inhabitant of the state (not necessarily the district) when elected.
Removed
Expulsion by a two-thirds vote of the House. Members of Congress are not subject to impeachment.
Vacancy
Special election called by the state's governor. The House is never filled by appointment.

Terms to know: term of officeThe fixed period an elected official serves before facing voters again: 2 years for the House, 6 for the Senate, 4 for the President.Read the full definition (opens a new tab) · special electionAn off-schedule election to fill a vacancy. House vacancies require one; Senate vacancies are usually filled by gubernatorial appointment until one is held.Read the full definition (opens a new tab) · apportionmentThe once-a-decade division of the House's 435 seats among the states by census population. Redistricting is the states then drawing the district lines.Read the full definition (opens a new tab)

U.S. Senator

100 (2 per state)

The slower, smaller chamber: six-year terms, statewide constituencies, and the exclusive powers to confirm officials and try impeachments.

Chosen
Elected statewide to staggered six-year terms; one of the three Senate classes is up in each even-numbered year. Directly elected only since the Seventeenth Amendment (1913).
Term
6 years
Limit
None As with the House, term limits would require a constitutional amendment.
Qualifies
At least 30 years old, a U.S. citizen for 9 years, and an inhabitant of the state when elected.
Removed
Expulsion by a two-thirds vote of the Senate. Not subject to impeachment.
Vacancy
In most states the governor appoints a temporary senator until a special or regular election, as the Seventeenth Amendment permits.

Terms to know: Senate classesThe Senate's three staggered cohorts. One class (about a third of seats) is up every two years, so the Senate never turns over all at once.Read the full definition (opens a new tab) · clotureThe Senate's only procedure for ending debate over objection. Most legislation needs 60 votes; nominations need a simple majority.Read the full definition (opens a new tab) · advice and consentThe Senate's shared role in appointments and treaties: nominations need a Senate majority; treaties need two-thirds.Read the full definition (opens a new tab)

Speaker of the House

1

The House's presiding officer and, in practice, the majority party's chief strategist: the Speaker controls the floor agenda and is second in the presidential line of succession.

Chosen
Elected by the full House at the start of each Congress (and whenever the office falls vacant), which in practice means chosen by the majority party.
Term
2 years (the life of a Congress)
Limit
None
Qualifies
The Constitution sets none, and does not even require the Speaker to be a House member, though every Speaker has been one.
Removed
The House can vacate the chair by majority vote (a 'motion to vacate') or simply elect someone else at any time.
Vacancy
The House elects a new Speaker; a Speaker pro tempore from a designated list presides in the interim.
Signature powers

Terms to know: line of successionWho acts as President if the office is vacant: Vice President, Speaker, Senate president pro tempore, then the Cabinet in order of each department's creation.Read the full definition (opens a new tab) · Rules CommitteeThe House committee that writes the terms of debate, the 'rule', for each major bill: how long debate runs and which amendments are allowed.Read the full definition (opens a new tab)

President pro tempore of the Senate

1

The Senate's constitutional presiding officer when the Vice President is absent, third in the line of succession, and in modern practice a largely honorific post held by the majority's senior member.

Chosen
Elected by the Senate; by unbroken modern custom, the most senior senator of the majority party.
Term
Until the Senate chooses otherwise
Limit
None
Qualifies
Must be a sitting senator (the office presides 'in the Absence of the Vice President').
Removed
The Senate may elect a replacement at any time.
Vacancy
The Senate elects a successor, typically at the start of a Congress or on a change of majority.

Terms to know: line of successionWho acts as President if the office is vacant: Vice President, Speaker, Senate president pro tempore, then the Cabinet in order of each department's creation.Read the full definition (opens a new tab)

Executive branch

Created by Article II

President of the United States

1

The whole executive power vested in one person: chief executive, commander in chief, chief diplomat, and the only official (with the VP) elected by the nation as a whole.

Chosen
Elected every four years through the Electoral College: state popular votes appoint 538 electors, and 270 electoral votes win the office.
Term
4 years
Limit
Two elected terms The Twenty-Second Amendment (1951) caps a President at two elected terms, plus at most two years of a predecessor's term, after Franklin Roosevelt's four elections.
Qualifies
A natural-born citizen, at least 35 years old, and 14 years a resident of the United States.
Removed
Impeachment by the House and conviction by two-thirds of the Senate. The Twenty-Fifth Amendment separately covers inability, voluntary or declared.
Vacancy
The Vice President becomes President. Further down, the Presidential Succession Act orders the Speaker, the president pro tempore, then the Cabinet.

Terms to know: Electoral CollegeThe 538 state-appointed electors who formally elect the President. A candidate needs 270 electoral votes; all but two states award theirs winner-take-all.Read the full definition (opens a new tab) · term limitsOnly the presidency is term-limited federally: two elected terms (Twenty-Second Amendment). Members of Congress can serve unlimited terms; states cannot change that.Read the full definition (opens a new tab) · line of successionWho acts as President if the office is vacant: Vice President, Speaker, Senate president pro tempore, then the Cabinet in order of each department's creation.Read the full definition (opens a new tab)

Vice President

1

Constitutionally a hybrid: first in line for the presidency, and president of the Senate with a vote only to break ties, everything else about the job is what the President delegates.

Chosen
Elected on the presidential ticket through the same Electoral College vote (electors cast separate ballots for President and Vice President under the Twelfth Amendment).
Term
4 years
Limit
None as VP The Twenty-Second Amendment limits only the presidency; a two-term President could constitutionally serve later as VP, though the question has never been tested.
Qualifies
The same as the President's: natural-born citizen, 35, and 14 years a resident, since the VP must be eligible to succeed.
Removed
Impeachment and Senate conviction, like all civil officers.
Vacancy
The President nominates a new VP, confirmed by majority of both chambers (Twenty-Fifth Amendment), used for Ford (1973) and Rockefeller (1974).

Terms to know: line of successionWho acts as President if the office is vacant: Vice President, Speaker, Senate president pro tempore, then the Cabinet in order of each department's creation.Read the full definition (opens a new tab) · contingent electionThe House choosing the President when no candidate wins 270 electoral votes, with each state delegation casting a single vote.Read the full definition (opens a new tab)

Cabinet Secretary (department head)

15 executive departments

The President's confirmed deputies, each running a department of the executive branch and, in succession order, forming the constitutional Cabinet.

Chosen
Nominated by the President and confirmed by a Senate majority. Serves at the President's pleasure.
Term
No fixed term
Limit
None
Qualifies
None in the Constitution; statutes occasionally add requirements (the Attorney General must be 'learned in the law' by tradition, the Defense Secretary must be seven years out of active military service by statute).
Removed
Fired by the President at will, no Senate involvement, or impeached and convicted.
Vacancy
The Federal Vacancies Reform Act governs acting officials until a new nominee is confirmed.

Terms to know: CabinetThe President's senior advisory body: the Vice President and the heads of the 15 executive departments, plus officials the President elevates to cabinet rank.Read the full definition (opens a new tab) · advice and consentThe Senate's shared role in appointments and treaties: nominations need a Senate majority; treaties need two-thirds.Read the full definition (opens a new tab) · removal powerThe President's contested authority to fire executive officers without Senate approval. Its reach over 'independent' agencies is an active constitutional battleground.Read the full definition (opens a new tab)

Supreme Court Justice

9 (set by statute, not the Constitution)

Nine lifetime appointees with the last word on what federal law and the Constitution mean, which is why each vacancy becomes a national event.

Chosen
Nominated by the President and confirmed by a Senate majority.
Term
Life (during good behavior)
Limit
None Life tenure is the Constitution's design for judicial independence; any fixed term would require an amendment.
Qualifies
None whatsoever in the Constitution, no age, citizenship, or even law degree requirement.
Removed
Impeachment by the House and conviction by two-thirds of the Senate. One justice has been impeached (Samuel Chase, 1804); none has been removed.
Vacancy
The seat stays empty until a new nominee is confirmed; the Court simply sits short-handed.

Terms to know: certiorariThe Supreme Court's discretionary review. Losing parties petition for a 'writ of cert'; four justices must agree to hear the case.Read the full definition (opens a new tab) · precedentA prior decision that guides or controls later cases. Courts must follow decisions of the courts above them; 'stare decisis' is the practice of standing by what was decided.Read the full definition (opens a new tab) · judicial reviewCourts' power to strike down laws and executive acts that violate the Constitution, established by Marbury v. Madison (1803).Read the full definition (opens a new tab)

Chief Justice of the United States

1

First among equals: one vote of nine on cases, but also head of the federal judiciary, presider over presidential impeachment trials, and assigner of majority opinions when in the majority.

Chosen
Nominated to the office by the President and Senate-confirmed, either from outside the Court or by elevating a sitting justice (which requires a fresh confirmation).
Term
Life (during good behavior)
Limit
None
Qualifies
None in the Constitution.
Removed
Impeachment and Senate conviction, like any judge.
Vacancy
Nominated and confirmed like any justice; the senior associate justice leads the Court in the interim.

Terms to know: opinionA court's written explanation of its decision. The majority opinion sets precedent; concurrences agree with the result for different reasons; dissents disagree.Read the full definition (opens a new tab) · impeachmentThe House's formal accusation against a President, judge, or other civil officer, by majority vote. Removal requires a separate Senate trial and a two-thirds conviction.Read the full definition (opens a new tab)

Federal Judge (district & circuit)

~870 authorized Article III judgeships

The trial and appeals judges who decide nearly every federal case that will ever exist, the Supreme Court hears fewer than a hundred a year; these courts handle hundreds of thousands.

Chosen
Nominated by the President and confirmed by a Senate majority, district judges for the 94 districts, circuit judges for the 13 courts of appeals.
Term
Life (during good behavior)
Limit
None Judges may take 'senior status' at retirement eligibility, keeping a reduced caseload while opening their seat for a new appointment.
Qualifies
None in the Constitution; nominees are evaluated by custom, not constitutional rule.
Removed
Impeachment and Senate conviction, the only way. Eight federal judges have been removed this way, the only officials ever removed by impeachment.
Vacancy
The seat stays open until a new judge is confirmed; other judges of the court absorb the caseload.

Terms to know: jurisdictionA court's legal authority to hear a case: over the subject matter, the parties, and the territory.Read the full definition (opens a new tab) · appealA request that a higher court review a lower court's decision for legal error. Appeals courts review the law; they do not retry the facts.Read the full definition (opens a new tab) · precedentA prior decision that guides or controls later cases. Courts must follow decisions of the courts above them; 'stare decisis' is the practice of standing by what was decided.Read the full definition (opens a new tab)

The checks, mapped

Row checks column · every check names its clause

separation of powersThe Constitution's division of federal power into legislative, executive, and judicial branches, each with tools to resist the others.Read the full definition (opens a new tab) is not three branches ignoring each other; it is three branches armed against each other. Each cell shows how the row's branch can resist the column's, click any check for the full power behind it.

checks ↓ on →
Legislative
Executive
Judicial
Legislative
·
Override vetoesTwo-thirds of both chambers can enact a bill over a veto (Art. I, §7).
Control the moneyNo spending without an appropriation (Art. I, §9), agencies run on what Congress funds.
Confirm or rejectThe Senate can refuse principal officers, judges, and treaties (Art. II, §2).
Investigate & subpoenaOversight of the executive is an implied Article I power (McGrain v. Daugherty).
Impeach & removeThe House impeaches; the Senate convicts by two-thirds (Art. I, §§2-3).
Shape the courtsCongress creates every court below the Supreme Court and sets the number of justices (Art. III, §1).
Limit jurisdictionCongress makes 'Exceptions' and 'Regulations' to appellate jurisdiction (Art. III, §2).
Impeach judgesJudges hold office only 'during good Behaviour', impeachment is the enforcement.
Amend around rulingsA constitutional amendment can supersede a Court interpretation (Art. V), as the 16th did.
Executive
VetoThe President can return any bill; only a two-thirds override answers it (Art. I, §7).
Recommend & conveneThe President sets an agenda (State of the Union) and may convene Congress (Art. II, §3).
Execution discretionHow vigorously laws are enforced is, within limits, an executive choice (Take Care Clause).
·
Appoint the judgesEvery federal judge arrives by presidential nomination (Art. II, §2).
PardonClemency can undo the outcome of any federal prosecution (Art. II, §2).
EnforcementCourts have no army or treasury; judgments depend on executive enforcement.
Judicial
Strike down lawsCourts void statutes that violate the Constitution (Marbury v. Madison).
Construe statutesWhat an ambiguous law means in practice is decided case by case in court.
Strike executive actsOrders and rules beyond legal authority are set aside (Youngstown; the APA).
Enjoin officialsCourts can order officials, up to the President's subordinates, to act or stop (injunctions).
·
Editor-written civic education, sourced to the constitutional text and the offices' own references. Real disputes about these powers are decided in Congress and the courts, not by this page.