Running head: THE AMERICAN TRICHOTOMY 1

Constitutional Division of Power: The American Trichotomy

Heath McCormack

Stephen F. Austin State University

THE AMERICAN TRICHOTOMY 2

Abstract

The United States Constitution is a unique confluence of democratic theories, romantically

enlightened ideas, and morally charged social mores, forged by its creators from collective

indignation of tyrannical Monarchical rule, and borne into a new era of freedom and liberty

through the sacrifice of those whom it was created to protect. Cobbled together to form an new,

hybrid system of governance by drawing on centuries of praxis, the Framers of the U.S.

Constitution were, in their own right, just as influential to the modern definition of democracy as

were ancient men such as Cleisthenes, Plato, Aristotle, and Socrates, as well as those morally

driven philosophers of the 16th and 17th century’s enlightenment period – Thomas Hobbes, John

Locke, Charles Montesquieu, and Jean-Jacques Rousseau, to name a few. By applying the

moralistic sensibilities of those philosophers, and simultaneously maintaining the ancient

Greeks’ conceptual foundations of democracy, the Founding Fathers ultimately created, through

compromise, confrontation, and collaboration, the tricameral system of government which is

uniquely American. More of a democratic-republic than a democracy in the strictest sense, the

Constitution serves as this country’s supreme doctrine and establishes a system of checks and

balances on itself through the division of power so that no one entity should ever become more

powerful than another. The power wielded by the U.S. Government under the authority of the

Constitution is apportioned by function into a trichotomy. The legislative, executive, and judicial

branches represent this constitutional division of power; a trinity which unites to form the

American Trichotomy.

Keywords: government, democracy, United States Constitution, tricameral

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Table of Contents

Abstract............................................................................................................................................2

Division of Power............................................................................................................................4

The Legislative Branch................................................................................................................4

The Executive Branch..................................................................................................................5

The Judicial Branch.....................................................................................................................6

Seat Requirements...........................................................................................................................6

The Legislative Branch................................................................................................................6

The House of Representatives.............................................................................................7

The Senate...........................................................................................................................7

The Executive Branch.................................................................................................................7

The Judicial Branch.....................................................................................................................8

Amend, Addend, Append................................................................................................................8

The Legislative Branch................................................................................................................8

The Executive Branch..................................................................................................................9

The Judicial Branch.....................................................................................................................9

References......................................................................................................................................10
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Division of Power

The United States Constitution divides its powers, both enumerated and implied, into a

trichotomy. This tricameral system of government assigns each branch a specific function and

role to perform within the confines of the totality of the US Government. Each branch has a

subsystem of self-contained checks-and-balances related to a different governmental branch. The

three branches of the United States Government are: the Legislative, including the House of

Representatives and the Senate, the Executive, and the Judicial branch.

The Legislative Branch

The Legislative branch of government is made up of two independent houses which

collectively are referred to as Congress: the House of Representatives and the Senate. Each

house has multiple offices, the duties of which it is responsible for executing, respectively. These

two houses have built-in checks-and-balances relative to the Executive branch so that a balance

of power is maintained, insuring no one branch becomes more powerful than another. The

drafting and passage of law serves as the primary function of this branch. Declaration of war,

regulation of foreign and interstate commerce, control of taxation, and budgetary oversight are

functions which are divided between the two houses. (The 1st Article of the U.S. Constitution,

n.d.) Both houses must work in tandem and be in agreeance, usually by a majority vote, to effect

any changes.

The House of Representatives. Referred to as the “lower house of Congress”, elected

seat holders in this House tend to be more engaged in the districts and communities from which

they hail and are generally more aware of current public opinion among their constituents as they

are elected directly by the people they represent. Members of the House are assigned to

committees which typically reflect the interests of that Representative. Introducing and
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reviewing bills introduced by colleagues for possible passage into law, holding hearings, and

debate are among the responsibilities which are shared by both the House of Representatives and

the Senate (History.com Editors, 2019).

The Senate. The Senate shares power with the House of Representatives. Exclusive

authority to approve or reject presidential nominations to judicial offices and providing or

withholding “advice and consent” to negotiated treaties are at the core of this House’s

responsibilities (The U.S. Senate, n.d.). The Senate also has the sole power to try impeachment of

the President; this serves as another check-and-balance of power on the Executive Branch.

The Executive Branch

The Executive branch of government is made up of the President, the Vice President, executive

departments, independent agencies, and other boards, commissions, and committees and cabinet

members (Branches of the U.S. Government, n.d.). The primary function of the Executive branch

of government is to carry out and enforce laws.

President. The President of the United States of America t is both the head of state and

head of government of the United States of America, and Commander-in-Chief of the armed

forces. The President is also responsible for the execution and enforcement of the laws created

by Congress (The Executive Branch, n.d.).

Vice President. The Vice President must be ready at a moment’s notice in case they

must assume the office of the Presidency in the event of the resignation, death, or incapacitation

of the current seated President. Additionally, the Vice President serves as the President of the

United States Senate. The Vice President rarely presides over the Senate and would only cast a

vote if there were a need to break a tie (The Executive Branch, n.d.).
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Cabinet Members & Other Executive Offices. There are 15 executive departments

under the charge of the President of the United States. Each department is led by an appointed

member of the President’s Cabinet and is tasked with carrying out the day-to-day administration

of the federal government (The Executive Branch, n.d.).

The Judicial Branch

The Judicial branch of government is comprised of the court system – The United States

Supreme Court, the nation’s highest court, and lower Federal courts dispersed throughout the

country are the components of this branch of government (Branches of the U.S. Government,

n.d.). The primary function of the Judicial branch is to evaluate the constitutionality of laws.

Seat Requirements

For each of the separate branches of government, specific requirements must be met

before a person may be considered to occupy a seat within that branch. In some cases, the

requirements to hold a seat within a specific branch may be quite specific, some even requiring

election to the post through a nationwide or state-wide voting process. Other branches may have

only general requirements to hold a seat, such as a minimum age or natural citizenship.

The Legislative Branch

The Constitution delineates the qualifications necessary for both a representative of the

House and the Senate. The number of representatives in the House is determined by Congress

and is divided among states according to population. A revaluation every 10 years through the

US Census is the only opportunity in a decade’s time to adjust the numbers relative to House

representation. Senators are chosen in statewide elections held in even-numbered years. The

senatorial term is six years, and every two years one-third of the Senate stands for election.
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Hence, two-thirds of the senators are always persons with some legislative experience at the

national level (Qualifications of Members of Congress, n.d.).

The House of Representatives. There are 435 elected Representatives, which are

divided among the 50 states in proportion to their total population. There are additional non-

voting delegates who represent the District of Columbia and the territories. A Representative

serves a two-year term, and there is no limit to the number of terms an individual can serve

(Branches of the U.S. Government, n.d.).

The Senate. There are two elected Senators per state – this totals an even 100 Senators to

represent each state in equal numbers. A Senators’ term is six years, and there is no limit to the

number of terms an individual can serve. In order to be a Senator, one must be at least 30 years

of age, an American citizen for a period of 9 years, and a resident of the state which they are

running to represent at the time of election (The U.S. Senate, n.d.).

The Executive Branch

The Constitution of the United States lists only 3 qualifications that a person must satiate

to be elected to the office of President. A qualified Presidential candidate must be: 35 years of

age, a natural born citizen of the United States of America, and a resident of the United States for

a minimum of 14 years. The President is limited to two four-year terms. An interesting bit of

trivia which was acquired long ago and from a source that is now lost to the annals of time I

thought would be interesting to share here. It is actually possible for a person to serve as the

President of the United States of America for not only 8, but 10 years. But how is this possible?

No person shall be elected to the office of the President more than twice, and no person who has

held the office of President, or acted as President, for more than two years of a term to which

some other person was elected President shall be elected to the office of President more than
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once (U.S. Const. amend. XXII). This means that should a person succeed to the office of

president without election, such as in cases of assassination, resignation, or impeachment, and

that person serves less than two years, they may run to be elected for two additional full terms.

Otherwise, a person succeeding to office of President can only serve a single elected term.

The Judicial Branch

The Judicial branch is unique in that it is not comprised of people that are elected to their

post, but rather it is made up of appointees designated by the President and confirmed by

Congress. Appointments to the Supreme Court are for life, or until death, retirement, or

conviction by the Senate (The Judicial Branch, n.d.). There is no specific requirement that a

Supreme Court Justice be a lawyer.

Amend, Addend, Append

The Framers of the Constitution knew that nothing lasts forever. They were also astute

enough to have the foresight to build into the Constitution a means to effect that change when

dictated by the People, socioeconomic culture, changing technology, or any other happenstance

that should occur, necessitating change. While that process is formal and takes, literally, an act of

congress to initiate and implement, here are a few ideas for change which could have a positive

impact by allowing each branch to be a bit more responsive to the citizenry.

The Legislative Branch

One way that the Legislative branch, both the House and the Senate, could be altered or

tweaked to become more responsive to the citizens of the US would be to have committee

reform. Committees should consider extending term limits on chairmanships. It was in 1995 that

the Republicans sought, successfully, to place 6-year term limits into place. This frequency of

rotation contributes to loss of talent for no reason other than time. A reduction in the number of
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committee assignments would also be productive. Some committee members have upwards of 7

assignments; it is tantamount to impossible to become an expert at anything when one’s time is

parcelled out with such abandon.

The Executive Branch

Of course, no President - especially the one currently in office - is going to voluntarily

give up any power they currently hold. America has seen the Executive branch grow in power

starting with Harry Truman’s self-proclaimed “inherent” powers (Fisher, 2007). Congress should

seek to shrink the power of the Executive branch in an effort to regain equal footing with its co-

house. How can this be accomplished? It is with every bit of honesty that I say, ”I just don’t

know.”

The Judicial Branch

One way in which the Judicial branch could be altered to be more responsive to the

citizens it serves is to have one or multiple Justice seats either rotate, as in have a set term limit

that is less than a life appointment, and to also have that rotating or term-limited seat be one that

is elected by the people it intends to serve.

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References

1st Article of the U.S. Constitution. (n.d.). National Constitution Center – The 1st Article of the

U.S. Constitution. Retrieved August 5, 2020, from

https://constitutioncenter.org/interactive-constitution/article/article-i

Branches of the U.S. Government. (n.d.). USA.Gov. Retrieved August 5, 2020, from

https://www.usa.gov/branches-of-government

Executive Branch. (n.d.). The White House. Retrieved August 5, 2020, from

https://www.whitehouse.gov/about-the-white-house/the-executive-branch/

Fisher, L. (2007, March 1). Invoking Inherent Powers: A Primer. Library of Congress.

https://www.loc.gov/law/help/usconlaw/pres-powers.php

History.com Editors. (2019, November 27). House of Representatives. HISTORY.

https://www.history.com/topics/us-government/history-of-the-house-of-

representatives#section_6

Qualifications of Members of Congress. (n.d.). American History: From Revolution To

Reconstruction and Beyond. Retrieved August 5, 2020, from

http://www.let.rug.nl/usa/outlines/government-1991/the-legislative-branch-the-reach-of-

congress/qualifications-of-members-of-congress.php

The Judicial Branch. (n.d.). The White House. Retrieved August 5, 2020, from

https://www.whitehouse.gov/about-the-white-house/the-judicial-branch/

U.S. Const. amend. XXII

U.S. Senate. (n.d.). U.S. Capitol Visitor Center. Retrieved August 5, 2020, from

https://www.visitthecapitol.gov/about-congress/us-senate