Everything about Government Of The United States totally explained
The
federal government of the United States is the centralized
United States governmental body established by the
United States Constitution. The federal government has three branches: the
legislature,
executive, and
judiciary. Through a system of
separation of powers or "checks and balances", each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches. The
policies of the federal government have a broad impact on both the domestic and foreign affairs of the United States. In addition, the powers of the federal government as a whole are limited by the Constitution, which leaves a great deal of authority to the individual states.
The
seat of the federal government is in the
federal district of
Washington, D.C.
Legislative branch
The
United States Congress is the legislative branch of the federal government. It is
bicameral, comprising the
House of Representatives and the
Senate. The House of Representatives consists of 435 members, each of whom represents a
congressional district and serves for a two-year term. House seats are
apportioned among the
states by
population; in contrast, each state has two Senators, regardless of population. There are a total of 100 senators (as there are currently 50 states), who serve six-year terms (one third of the Senate stands for election every two years). Each congressional chamber (House or Senate) has particular exclusive powers—the Senate must give "advice and consent" to many important Presidential appointments, and the House must introduce any bills for the purpose of raising revenue. However, the consent of both chambers is required to make any law. The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the
people. The Constitution also includes the "
necessary-and-proper clause", which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers."
Members of the House and Senate are elected by
first-past-the-post voting in every state except
Louisiana and
Washington, which have
runoffs.
The Constitution doesn't specifically call for the establishment of
Congressional committees. As the nation grew, however, so did the need for investigating pending legislation more thoroughly. The
108th Congress (2003-2005) had 19 standing committees in the House and 17 in the Senate, plus four joint permanent committees with members from both houses overseeing the
Library of Congress, printing, taxation, and the economy. In addition, each house can name special, or select, committees to study specific problems. Because of an increase in workload, the standing committees have also spawned some 150 subcommittees.
Powers of Congress
The Constitution grants numerous powers to Congress. These include the powers: to levy and collect
taxes in order to pay debts, provide for common defense and general welfare of the U.S.; to borrow money on the credit of the U.S.; to regulate commerce with other nations and between the states; to establish a uniform rule of naturalization; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, promote progress of science, create courts inferior to the
Supreme Court, define and punish
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
Washington D.C, and make laws necessary and proper to execute the powers of Congress.
Congressional oversight
Congressional oversight is intended to prevent waste and fraud, protect
civil liberties and individual rights, ensure executive compliance with the law, gather information for making laws and educating the public, and evaluate executive performance. It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency.
Congress's oversight function takes many forms:
- Committee inquiries and hearings
- Formal consultations with and reports from the President
- Senate advice and consent for presidential nominations and for treaties
- House impeachment proceedings and subsequent Senate trials
- House and Senate proceedings under the 25th Amendment in the event that the President becomes disabled or the office of the Vice President falls vacant
- Informal meetings between legislators and executive officials
- Congressional membership on governmental commissions
- Studies by congressional committees and support agencies such as the Congressional Budget Office, and the Government Accountability Office, both of which are arms of Congress
Executive branch
All executive power in the federal government is vested in the President of the United States, although power is often delegated to his/her
Cabinet members and other officials. The President and Vice President are elected as 'running mates' for four-year terms by the
Electoral College, for which each state, as well as the
District of Columbia, is allocated a number of seats based on its representation (or ostensible representation, in the case of D.C.) in both houses of Congress.
President
The Executive branch consists of the
President and his delegates. The President is both the
head of state and
government, as well as the military
commander-in-chief (only when called into actual military services), chief diplomat and chief of party. The President, according to the Constitution, must "take care that the laws be faithfully executed." The President presides over the executive branch of the federal government, a vast organization numbering about 4 million people, including 1 million active-duty military personnel.
The President may sign legislation passed by Congress into law, or may
veto it, preventing it from becoming law unless two-thirds of both houses of Congress vote to override his veto. The President may, with the consent of two-thirds of the Senate, make
treaties with foreign nations. The President may be
impeached by a majority in the House and removed from office by a
two-thirds majority in the Senate for "
treason,
bribery, or other
high crimes and misdemeanors." The President may not
dissolve Congress or call
special elections, but does have the power to
pardon criminals convicted of offenses against the federal government (except in cases of impeachment), enact
executive orders, and (with the consent of the Senate) appoint Supreme Court justices and
federal judges.
Vice President
The
Vice President is the second-highest executive official of the government. As first in the
presidential line of succession, the Vice President becomes President upon the death, resignation, or removal of the President, which has happened nine times. His only other constitutional duty is to serve as
President of the Senate and break any tie votes in the Senate. The office has evolved into a senior advisor to the President.
Relationship with Congress
The relationship between the President and the Congress reflects that between the English monarchy and parliament at the time of the framing of the United States Constitution. Congress can legislate to constrain the President's executive power, even with respect to his command of the armed forces. However, this power is used only very rarely. A notable example was the constraint placed on President
Richard Nixon's strategy of bombing
Cambodia during the
Vietnam War. While the President can directly propose legislation (for instance, the
federal budget), he must rely on supporters in Congress to promote and support his legislative agenda. After identical copies of a particular bill have been approved by a majority of both houses of Congress, the President's signature is required to make these bills law; in this respect, the President has the power to veto congressional legislation. Congress can override a presidential veto with a two-thirds majority vote from both houses. The ultimate power of Congress over the President is that of impeachment or removal of the elected President through a House vote, a Senate trial, and a Senate vote (by two-thirds majority in favor). The threat of impeachment, or actual impeachment has had major political ramifications in the cases of Presidents
Andrew Johnson,
Richard Nixon and
Bill Clinton.
The President makes around 2,000 executive appointments, including members of the Cabinet and ambassadors, which must be approved by the Senate; the President can also issue executive orders and pardons, and has other Constitutional duties, among them the requirement to give a
State of the Union Address to Congress from time to time (usually once a year). (The Constitution doesn't specify that the State of the Union address be delivered in person; it can be in the form of a letter, as was the practice during most of the 19th century.) Although the President's constitutional role may appear to be constrained, in practice, the office carries enormous prestige that typically eclipses the power of Congress: the Presidency has justifiably been referred to as "the most powerful office in the world" and the president as "the most powerful man." The Vice President is first in the line of succession, and is the President of the Senate
ex officio, with the ability to cast a tie-breaking vote. The members of the President's Cabinet are responsible for administering the various departments of state, including the
Department of Defense, the
Justice Department, and the
State Department. These departments and department heads have considerable regulatory and political power, and it's they who are responsible for executing federal laws and regulations.
Cabinet, executive departments, and agencies
The day-to-day enforcement and administration of federal laws is in the hands of the various
federal executive departments, created by Congress to deal with specific areas of national and international affairs. The heads of the 15 departments, chosen by the President and approved with the "advice and consent" of the U.S. Senate, form a council of advisors generally known as the President's "Cabinet". In addition to departments, there are a number of staff organizations grouped into the
Executive Office of the President. These include the
White House staff, the
National Security Council, the
Office of Management and Budget, the
Council of Economic Advisers, the
Office of the U.S. Trade Representative, the
Office of National Drug Control Policy and the
Office of Science and Technology Policy.
There are also
independent agencies such as the
National Aeronautics and Space Administration, the
Central Intelligence Agency, and the
Environmental Protection Agency. In addition, there are
government-owned corporations such as the
Federal Deposit Insurance Corporation, the
National Railroad Passenger Corporation and the
United States Postal Service.
By law, each agency must submit an annual Section 300 report to the President's Office of Management & Budget. This is part of a larger set of more extensive annual requirements called Circular A-11. Section 300 specifically covers planning, budgeting, acquisition, and management of capital assets. Increasingly, details on how agencies collect and share information, and how they're upgrading and improving their information technology decisions is becoming increasingly important. Within Section 300 there's a special exhibit called Exhibit 53 which gives extensive details on agency information technology investments. These investments make up most of the information technology investments from the annual budgets. For the
fiscal year 2008's budget, that spending exceeds
$66.4 billion.
Judicial branch
The
Supreme Court is the highest court in the federal court system. The court deals with matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and can declare legislation or executive action made at any level of the government as
unconstitutional, nullifying the law and creating
precedent for future law and decisions. Below the Supreme Court are the
courts of appeals, and below them in turn are the
district courts, which are the general trial courts for federal law.
Separate from, but not entirely independent of, this federal court system are the individual court systems of each state, each dealing with its own laws and having its own judicial rules and procedures.
The
supreme court of each state is the final authority on the interpretation of that state's laws and constitution. A case may be appealed from a state court to the U.S. Supreme Court only if there's a
federal question (an issue arising under the U.S. Constitution, or laws/treaties of the United States). The relationship between federal and state laws is quite complex; together, they form the
U.S. law.
The federal judiciary consists of the U.S. Supreme Court, whose justices are appointed for life by the President and confirmed by the Senate, and various "lower" or "inferior courts," among which are the courts of appeals and district courts.
The
first Congress divided the nation into
judicial districts and created federal courts for each district. From that beginning has evolved the present structure: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress retains the power to create and abolish federal courts, as well as to determine the number of judges in the federal judiciary system. It cannot, however, abolish the Supreme Court.
There are three levels of federal courts with
general jurisdiction, meaning that these courts handle criminal cases and civil law suits between individuals. The other courts, such as the
bankruptcy courts and the tax court, are specialized courts handling only certain kinds of cases. The bankruptcy courts are branches of the district courts, but technically are not considered part of the "
Article III" judiciary because their judges don't have lifetime tenure. Similarly, the tax court isn't an Article III court.
The U.S. district courts are the "trial courts" where cases are filed and decided. The United States courts of appeals are "appellate courts" that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies. The Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts (on constitutional matters), as well as having
original jurisdiction over a very small number of cases.
The judicial power extends to cases arising under the Constitution, an
Act of Congress, or a U.S.
treaty; cases affecting
ambassadors,
ministers, and
consuls of foreign countries in the U.S.; controversies in which the U.S. government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases. The
Eleventh Amendment removed from federal jurisdiction cases in which citizens of one state were the plaintiffs and the government of another state was the defendant. It didn't disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant.
The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. Article III has resulted in a complex set of relationships between state and federal courts. Ordinarily, federal courts don't hear cases arising under the laws of individual states. However, some cases over which federal courts have jurisdiction may also be heard and decided by state courts. Both court systems thus have
exclusive jurisdiction in some areas and
concurrent jurisdiction in others.
The Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior". Usually they serve until they die, retire, or resign. A judge who commits an offense while in office may be impeached in the same way as the President or other officials of the federal government. U.S. judges are appointed by the President and confirmed by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any judge. Congress could enact a new lower salary applying to future judges, but not to those already serving.
Elections and voting
Suffrage has changed significantly over time. In the early years of the United States, voting was considered a matter for state governments, and was commonly restricted to white men who owned land. Direct elections were held only for the U.S. House of Representatives and state legislatures, although this varied from state to state. Under this original system, both senators representing each state in the U.S. Senate were chosen by a majority vote of the state legislature. Since the ratification of the
Seventeenth Amendment in 1913, members of both houses of Congress have been directly elected.
Today, partially due to the
Twenty-sixth Amendment, U.S. citizens have almost
universal suffrage from the age of 18 regardless of race, sex, or wealth, and both houses of Congress are directly elected. There are some limits, however: felons are
disenfranchised and in some states former felons are as well.
Currently, the national representation of territories and the federal district of
Washington, D.C., in Congress is
limited: residents of the District of Columbia are subject to federal laws and federal taxes but their only congressional representative is a
non-voting delegate. Residents of U.S. territories have varying rights; for example, residents of
Puerto Rico don't pay federal taxes (on local income) but can't vote for President and have no voting representatives in Congress.
State, tribal, and local governments
The state governments have the greatest influence over most Americans' daily lives. Each state has its own written constitution, government, and code of laws. There are sometimes great differences in law and procedure between individual states, concerning issues such as property, crime, health, and education. The highest elected official of each state is the
Governor. Each state also has an elected legislature (
bicameral in every state except
Nebraska), whose members represent the voters of the state. Each state maintains its own
state court system. In some states, supreme and lower court justices are elected by the people; in others, they're appointed, as they're in the federal system.
As a result of the Supreme Court case
Worcester v. Georgia,
Indian tribes are considered "domestic dependent nations" that operate as
sovereign governments subject to federal authority but, generally, outside of the influence from state governments. Hundreds of laws, executive orders, and court cases have modified the governmental status of tribes vis-à-vis states, but have kept the two officially distinct. Tribal capacity to operate robust governments varies, from a simple council used to manage all aspects of tribal affairs, to large and complex bureaucracies with several branches of government. Tribes are empowered to form their own governments, with power resting in elected tribal councils, elected tribal chairpersons, or religiously appointed leaders (as is the case with
pueblos). Tribal citizenship (and voting rights) is generally restricted to individuals of native descent, but tribes are free to set whatever membership requirements they wish.
The institutions that are responsible for local government are typically town, city, or county boards, water management districts, fire management districts, library districts, and other similar governmental units which make laws that affect their particular area. These laws concern issues such as traffic, the sale of alcohol, and keeping animals. The highest elected official of a town or city is usually the
mayor. In
New England, towns operate in a
direct democratic fashion, and in some states, such as
Rhode Island and
Connecticut, counties have little or no power, existing only as geographic distinctions. In other areas, county governments have more power, such as to collect taxes and maintain
law enforcement agencies.
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