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FSOT: United States Government: Structure, Powers, and Process

FSOT · Work through your exam, one topic at a time.

All guide sections

United States Government: Structure, Powers, and Process

Framework

The Constitution creates a federal republic with separated powers and overlapping checks. Article I (Congress), Article II (executive), Article III (judiciary); Article IV (federalism, full faith and credit); Article V (amendment); Article VI (supremacy); Article VII (ratification). The Bill of Rights comprises the first ten amendments, and most of those guarantees now apply to states through the Fourteenth Amendment.

Details worth memorizing

  • House: 435 members, two-year terms, revenue bills originate here, sole power to impeach (a simple majority vote to impeach).
  • Senate: 100 members, staggered six-year terms; advice and consent - treaties need a two-thirds vote, Cabinet appointments a simple majority; tries impeachments, with two-thirds required to convict.
  • President: four-year term; the Twenty-Second Amendment limits a person to two elected terms.
  • Amendment: proposal by two-thirds of both chambers (or a convention called by two-thirds of states), ratification by three-fourths of states.
  • Judicial review: established in Marbury v. Madison (1803); not textually explicit in the Constitution.
  • Federalism: delegated powers (federal), reserved powers (states, Tenth Amendment), concurrent powers (shared, e.g., taxation).

Traps

Confusing the two-thirds treaty threshold with simple-majority confirmation; mixing the House impeachment vote with the Senate conviction vote; assuming the line-item veto is constitutional (it was struck down in 1998); treating necessary and proper as identical to the supremacy clause. Watch numbers: 270 electoral votes to win, 60 votes to end a Senate filibuster.

Worked example

A president signs an executive agreement with a foreign leader instead of a treaty. Is Senate consent required? No - executive agreements rest on presidential authority and are not submitted for ratification, which is precisely why presidents sometimes prefer them.

Rule of thumb

Ask: which branch, which chamber, and what threshold? Most government questions turn on one of those three.