The legislature consists of the House of Representatives and the Senate, which together form the United States Congress. The Constitution gives Congress exclusive power to legislate and declare war, the right to confirm or overturn numerous presidential appointments, and extensive investigative powers. A three-judge panel rules on federal appeals. The complainant presents its legal arguments to the panel in a written document called a “closing argument”. With the court report, the plaintiff tries to convince the judges that the trial court made a mistake and that its decision should be overturned. On the other hand, the defendant of the appeal, known as the “defendant” or “defendant”, attempts to use his or her judicial report to show why the trial court`s decision was correct or why an error by the same court is not significant enough to influence the outcome of the case. Congress, as one of the three egalitarian branches of government, has significant powers granted by the Constitution. All legislative power is in the hands of Congress, which means that it is the only part of the government that can enact new laws and amend existing laws. Law enforcement agencies issue rules or regulations that have the force of law, but these are subject to the authority of laws enacted by Congress. The president can veto legislation passed by Congress, but Congress can also override the president`s veto by a two-thirds majority of the Senate and House of Representatives. The courts only deal with cases and controversies as such – a party must prove that they have been wronged in order to assert their claim in court. This means that the courts do not issue opinions on the constitutionality of laws or on the legality of actions if the judgment has no practical effect. Cases before the judicial system typically range from district courts to appellate courts and can even go all the way to the Supreme Court, although the Supreme Court hears fewer cases per year in comparison.

Congress also exercises the sole power to declare war. A litigant who loses his case in a federal appeals court or in a state`s highest court can file a petition for a “writ of certiorari,” a document that asks the U.S. Supreme Court to review the case. However, the Supreme Court is not required to grant the application for review. Generally, the court will only agree to hear a case if it is a new and important legal principle, or if two or more federal courts of appeal interpret the same law differently (there are also special circumstances in which the Supreme Court is required by law to hold appeal hearings). When the Supreme Court holds a hearing on a case, the parties must submit written judicial reports, and the court can decide whether or not to accept oral arguments. Both houses of Congress have broad investigative powers and can order the presentation of evidence or testimony on any matter they deem necessary. Members of Congress spend a great deal of time on committee hearings and investigations. Refusal to cooperate with a congressional subpoena can lead to contempt of congressional impeachment, which can lead to imprisonment. The House of Representatives is vested with several exclusive-use powers, including: the power to introduce tax laws, initiate impeachment proceedings against federal officials, and elect the president if there is an equal number of votes in the Electoral College. Federal courts have exclusive power to interpret laws, determine their constitutionality and apply them to individual cases. Courts, such as Congress, can compel the presentation of evidence and testimony by means of a subpoena.

Subordinate courts are limited by Supreme Court decisions – once the Supreme Court has interpreted a law, lower courts must apply the Supreme Court`s interpretation to the facts of the case. The accused has time to examine all the evidence in the case and develop his legal argument. The case is then taken to court and a jury decides. If the accused is found innocent, the charge is dismissed. Otherwise, the judge determines the sentence, which can include jail time, a fine, or even the death penalty. Oversight of the executive branch is an important check on the president`s power by Congress and a counterweight to its discretion to enforce laws and create rules or regulations. Article III of the Constitution, which establishes judicial power, gives Congress broad discretion to determine the form and structure of the federal judicial system. In fact, the number of Supreme Court justices was left to Congress — sometimes there were only six justices, whereas the current number (nine, with one chief justice and eight associate justices) has only been in effect since 1869. The Constitution also gave Congress the power to create courts subordinate to the Supreme Court; To that end, Congress had established the United States District Courts, which hear most federal cases, as well as 13 United States courts of appeals that evaluate appeals cases.

The Senate retains certain powers for itself: it approves the ratification of the treaty by a two-thirds majority (supermajority) and confirms the appointment of the President by a majority. House approval is also required for ratification of trade agreements and confirmation by the Vice President. Article I of the Constitution lists the powers of Congress and the specific areas in which it may legislate. Congress also has the power to enact laws deemed “necessary and appropriate” for the exercise of powers delegated to any part of government under the Constitution. After civil proceedings, the decision can be appealed to a superior court – a federal court of appeal or a state court of appeal. The litigant who appeals, called an “appellant”, must prove that the court of first instance or the administrative authority made an error of law that affected the outcome of the case. The Court of Appeal renders its decision on the basis of the file prepared by the court of first instance or the administrative authority – the Court of Appeal does not receive additional evidence or witness statements. This court may also review findings of fact made by the court of first instance or administrative authority, but can normally only set aside the outcome of the proceedings on objective grounds if the findings were “manifestly incorrect”.

If the accused is found not guilty in criminal proceedings, he or she cannot be retried for the same offences. The Senate has the exclusive authority to confirm Speaker appointments that require approval and to give advice and consent to the ratification of treaties. However, there are two exceptions to the rule: Parliament must also approve the appointments of Vice-Presidents and any foreign trade treaty. Similarly, the Senate conducts impeachment proceedings against federal officials in matters initiated by the House of Representatives. The Court of Appeal usually has the final say on the matter, unless it sends the case back to the trial court for a new hearing. In some cases, the decision may be reviewed by the plenary (bench), i.e. by a larger group of judges of the Court of Appeal.