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Federal elections occur every two years, on the first Tuesday after the first Monday in November. Every member of the House of Representatives and about one-third of the Senate is up for reelection in any given election year. Federal elections are administered by state and local governments, although the specifics of how elections are conducted differ between the states.

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The federal government of the United States (U.S. federal government or U.S. government)[a] is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, five major self-governing territories, several island possessions, and the federal district and national capital of Washington, D.C., where most of the federal government is based.

The U.S. federal government, sometimes simply referred to as "Washington", is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president, and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts subordinate to the U.S. Supreme Court.

The full name of the republic is "United States of America". No other name appears in the Constitution, and this is the name that appears on money, in treaties, and in legal cases to which the nation is a party. The terms "Government of the United States of America" or "United States Government" are often used in official documents to represent the federal government as distinct from the states collectively.

In casual conversation or writing, the term "Federal Government" is often used, and the term "National Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with the federal government; for instance, the Federal Bureau of Investigation, National Oceanic and Atmospheric Administration, and National Park Service. Because the seat of government is in Washington, D.C., "Washington" is sometimes used as a metonym for the federal government.

The United States government is based on the principles of federalism and republicanism, in which power is shared between the national government and state governments. The interpretation and execution of these principles, including what powers the federal government should have and how those powers can be exercised, have been debated ever since the adoption of the Constitution. Some make a case for expansive federal powers while others argue for a more limited role for the central government in relation to individuals, the states, or other recognized entities.

Since the American Civil War, the powers of the federal government have generally expanded greatly, although there have been periods since that time of legislative branch dominance (e.g., the decades immediately following the Civil War) or when states' rights proponents have succeeded in limiting federal power through legislative action, executive prerogative or by a constitutional interpretation by the courts.[2][3]

The House and Senate each have particular exclusive powers. For example, the Senate must approve (give "advice and consent" to) many important presidential appointments, including cabinet officers, federal judges (including nominees to the Supreme Court), department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and ambassadors to foreign countries. All legislative bills for raising revenue must originate in the House of Representatives. The approval of both chambers is required to pass all legislation, which then may only become law by being signed by the president (or, if the president vetoes the bill, both houses of Congress then re-pass the bill, but by a two-thirds majority of each chamber, in which case the bill becomes law without the president's signature). The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people.

Congress has the power to remove the president, federal judges, and other federal officers from office. The House of Representatives and Senate have separate roles in this process. The House must first vote to impeach the official. Then, a trial is held in the Senate to decide whether the official should be removed from office. As of 2023[update], three presidents have been impeached: Andrew Johnson, Bill Clinton, and Donald Trump (twice). None of the three were removed from office following trial in the Senate.[8]

The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include the powers to levy and collect taxes; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, issue patents, create federal courts inferior to the Supreme Court, combat piracies and felonies, declare war, raise and support armies, provide and maintain a navy, make rules for the regulation of land and naval forces, provide for, arm and discipline the militia, exercise exclusive legislation in the District of Columbia, regulate interstate commerce, and to make laws necessary to properly execute powers. Over the two centuries since the United States was formed, many disputes have arisen over the limits on the powers of the federal government. These disputes have often been the subject of lawsuits that have ultimately been decided by the United States Supreme Court.

The executive branch is established in Article Two of the United States Constitution, which vests executive power in the president of the United States.[13][14] The president is both the head of state (performing ceremonial functions) and the head of government (the chief executive).[15] The Constitution directs the president to "take care that the laws be faithfully executed"[14] and requires the president to swear or affirm to "preserve, protect and defend the Constitution of the United States."[16] Legal scholars William P. Marshall and Saikrishna B. Prakash write of the Clause: "the President may neither breach federal law nor order their subordinates to do so, for defiance cannot be considered faithful execution. The Constitution also incorporates the English bars on dispensing or suspending the law, with some supposing that the Clause itself prohibits both."[17] Many presidential actions are undertaken via executive orders, presidential proclamations, and presidential memoranda.[18]

The president is the commander-in-chief of the armed forces.[14][19] Under the Reception Clause, the president is empowered to "receive Ambassadors and other public Ministers"; the president has broad authority to conduct foreign relations, is generally considered to have the sole power of diplomatic recognition,[14][20] and is the United States' chief diplomat,[20] although the Congress also has an important role in legislating on foreign affairs,[14][20] and can, for example, "institute a trade embargo, declare war upon a foreign government that the President had recognized, or decline to appropriate funds for an embassy in that country."[20] The president may also negotiate and sign treaties, but ratifying treaties requires the consent of two-thirds of the Senate.[21]

Article II's Appointments Clause provides that the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States" while providing that "Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."[22] These appointments delegate "by legal authority a portion of the sovereign powers of the federal government."[23]

The Constitution grants the president the "Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment"; this clemency power includes the power to issue absolute or conditional pardons, and to issue commute sentences, to remit fines, and to issue general amnesties.[24] The presidential clemency power extends only to federal crimes, and not to state crimes.[25]

The vice president is the second-highest official in rank of the federal government. The vice president's duties and powers are established in the legislative branch of the federal government under Article 1, Section 3, Clauses 4 and 5 as the president of the Senate; this means that they are the designated presiding officer of the Senate. In that capacity, the vice president has the authority (ex officio, for they are not an elected member of the Senate) to cast a tie-breaking vote. Pursuant to the Twelfth Amendment, the vice president presides over the joint session of Congress when it convenes to count the vote of the Electoral College. As first in the U.S. presidential line of succession, the vice president's duties and powers move to the executive branch when becoming president upon the death, resignation, or removal of the president, which has happened nine times in U.S. history. Lastly, in the case of a Twenty-fifth Amendment succession event, the vice president would become acting president, assuming all of the powers and duties of president, except being designated as president. Accordingly, by circumstances, the Constitution designates the vice president as routinely in the legislative branch, or succeeding to the executive branch as president, or possibly being in both as acting president pursuant to the Twenty-fifth Amendment. Because of circumstances, the overlapping nature of the duties and powers attributed to the office, the title of the office and other matters, such has generated a spirited scholarly dispute regarding attaching an exclusive branch designation to the office of vice president.[33][34] 17dc91bb1f