Executive Branch Research Paper

Reed Morrison

Mr. Boxleitner

AP Government

8 August 2015

The U.S Constitution was signed on September 17, 1787 and established the United States Government. It created three branches of government: Legislative, Executive, and Judicial. James Madison proclaimed, “The constitution proposed by the convention may be considered under two general points of view . . . The second, to the particular structure of the government and the distribution of this power among its several branches” (Madison 251). Some branches were intended to have more important responsibilities. However over time, the branches evolved and the power of the government became more equal. The government when the Constitution was created is vastly different than the modern

day government.
The Legislative branch has changed a lot since the start of the first congress. It is split into the Senate and the House of Representatives. They create the United States Congress. The branch has the power to make new laws, build up the military, and declare war. At the onset, the House of Representatives consisted of only 65 members and increased by one member for every 30,000 people added to the population (Webster 153). As the population grown, more members were added to the House. Currently, in the modern House of Representatives, it consists of 435 representatives, five delegates, and one resident commissioner (“Congress Profiles...). The Legislative Branch has gained a lot of members since 1789. There is currently 100 Senators in the Senate. Senators in 1789 were elected by State Legislators. However, since the 17th amendment was put into place in 1913, the Senators are now elected by popular vote (“The Legislative…). The states and the people would now have the power to elect the Senators.
The Executive branch by far has changed the most out of the three branches when compared to the George Washington Administration.

A historian from U.S History in Context stated, “Today's Executive Branch is much larger, more complex, and more powerful than it was when the United States was founded” (“Executive Branch”). According to (“Executive Branch”) when the Founding Fathers wrote the Constitution, they were influenced tremendously by Britain's government. They saw how the kings and queens abused their power. With that in thought, the Founding Fathers created an Executive Branch that had limited responsibilities and could not lead to a tyranny (“Executive Branch”). So the George Washington Administration was very limited with its powers in the

government.
The modern day Executive Branch has a lot more power than it used to. The Constitution gave a broad understanding of the Executive Branch’s duty which gave them room to advance power and gain flexibility. Modern day Presidents have more people to help them make decisions. In the George Washington Administration, the President had to rely on his Cabinet for help (“The Executive…”). The Cabinet would help the president make important political decisions. Modern day presidents use their Cabinet members for opinions and less for decision making (“The Executive…”).
The Jay Court and today’s modern Roberts Court are very different in scope and in their size. The Jay Court had three levels of courts under the United States Government. The highest level was the Supreme Court and consisted of 6 justices (Kaminski). The Supreme Court's role was to provide the final decision in major court cases. The intermediate level of courts were the United States Circuit Courts. The Circuit Courts were created to have boundaries that would correspond with the state’s boundaries (Kaminski). There were three circuits created: Eastern, Middle, and Southern (“History of…”). The final level of courts were the District Courts and each court had one judge. The District Court covers minor issues within their district. The United States in 1789 consisted of one Federal District Court for each of the 11 states except for Virginia and Massachusetts which had two (Kaminski). Kentucky and Maine weren’t states at the time so they were grouped in with Massachusetts and Virginia. All of the courts were created in the Judiciary Act of 1789. Every so often the Judges of the Circuit Courts would rotate to a new court. John Jay proposed this “circuit riding” so that the judges weren’t stationed in the same Circuit Court where they resided (Kaminski).
Over the course of time, the United States has gained a lot of states since 1789. When there is more states, there is more districts and more circuits. The Roberts Court currently has 94 District courts and 13 Circuits (“Introduction to…”). Circuit riding does not occur in today's Robert Court. The Federal Courts deal with issues relating to the Constitution rather than criminal cases in which the state courts take over (“Introduction to…”). The size of the District Courts and Circuit Courts has grown tremendously over time. There have been a lot of new specialty courts added to the Federal Court System. For example, The United States Bankruptcy Court covers cases with bankruptcy and The United States Court of Federal Claims covers claims against the Federal Government (“Introduction to…”). The Supreme Court is still the highest court in today’s government and now has nine justices. The justices are appointed by the President and confirmed by the Senate.
In the United States Government each of the branches have different tasks and sometimes power can be shifted to one of those branches. One belief is that the Founding Fathers created a stronger Legislative Branch so the president didn’t end up with all the power. James Madison proclaimed in The Federalist Papers “The legislative department is everywhere extending the sphere of its activity and drawing all power into its impetuous vortex” (Madison 306).
In modern day government the power of each branch has equalled out. Presidents now are selected and elected by a larger population than they used to be. This gives the President popular mandate which in some cases Congress can’t match (“The Evolution…”). The Executive Branch had started to catch up with the Legislative Branch when Franklin Roosevelt was President in the 1930’s. He brought the nation out of the Great Depression with his New Deal programs which strengthened his power in the economy (“The Evolution…). He also led the country’s foreign affairs during World War 1 which helped the Executive Branch gain back its power. Strong Presidents throughout our history have shaped the Executive Branch to how it is today.
Also, the Judicial Branch has control over Civil Rights issues.

For example, the cases of Dred Scott v Sanford and Plessy v. Ferguson created a lot of Civil Rights movements. The Judicial Branch was able to deny the freedom of an african american man and create “separate but equal” facilities for blacks and whites (“Supreme Court…”). The Judicial Branch has the power to interpret the laws with judicial review (Kaminski). Judicial review is one of the checks and balances the Judicial Branch has on the other branches. Alexander Hamilton declared in the Federalist Papers, “The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever” (Hamilton 464). The judicial branch has no control over the nation's budget and the nation’s

military.
A popular belief is that the Legislative Branch is still the most powerful. They can appoint new judges for the Judicial Branch, with the help of the President, and Congress can create new bills. When a bill passes the House and the Senate, it goes to the President to be signed. Even if the President doesn’t sign the bill, the Legislative Branch can uphold the veto by a two thirds vote in each House (“The Legislative…”). They can almost get around the President whenever they want. Also, they appoint justices for the Judicial Branch so there essentially stocking the Supreme Court with who they want. Congress also levies taxes and can authorize borrowing to make up for the government’s cost (“The Legislative…”). The Legislative Branch is definitely still the most powerful out of the three branches.
The Government has changed a lot since the Constitution was written. Each branch of government has grown in size and has expanded their role in governing tremendously. The Executive Branch has grown more powerful over the years since the Constitution was created, but it is still not as powerful as the Legislative Branch. The government today might not have been the way the Founding Fathers envisioned it but it is stronger than ever.