Federal government of the United States: Difference between revisions
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{{Short description|National government of the United States}} |
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{{redirect|American Government|the textbook|American Government (textbook){{!}}''American Government'' (textbook)}} |
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{{redirect|Government of the United States|governments of individual U.S. states|State governments of the United States}} |
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{{Use American English|date=April 2015}} |
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{{Use mdy dates|date=January 2023}} |
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{{merge from|Criticism of the United States government|discuss=Talk:Criticism of the United States government#Merge|date=November 2024}} |
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{{Infobox presidential government |
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| government_name = United States Federal Government |
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| image = Greater coat of arms of the United States.svg |
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| image_size = 160px |
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| caption = [[Great Seal of the United States|Coat of arms]] |
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| date = {{start date and age|1789}} |
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| jurisdiction = United States |
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| url = {{URL|https://www.usa.gov/}} |
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| legislature = [[United States Congress|Congress]] |
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| meeting_place = [[United States Capitol|Capitol]] |
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| leader_title = [[President of the United States|President]] |
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| headquarters = [[White House]] |
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| appointed = [[United States Electoral College|Electoral College]] |
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| main_organ = [[Cabinet of the United States|Cabinet]] |
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| departments = [[United States federal executive departments|15]] |
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| court = [[Supreme Court of the United States|Supreme Court]] |
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| seat = [[United States Supreme Court Building|Supreme Court Building]] |
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|document = [[United States Constitution]] |
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}} |
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{{Politics of the United States}} |
{{Politics of the United States}} |
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The '''federal government of the United States''' ('''U.S. federal government''' or '''U.S. government'''){{efn|The [[U.S. Government Publishing Office]] specifies the capitalization of ''Federal Government'', in regards to the national government of the United States, as a [[proper noun]].<ref name="US GPO style manual">{{cite book |title=U.S. Government Publishing Office Style Manual |date=2016 |publisher=[[U.S. Government Publishing Office]] |isbn=978-0-16-093601-2 |page=32 |edition=2016 |chapter-url=https://www.govinfo.gov/content/pkg/GPO-STYLEMANUAL-2016/pdf/GPO-STYLEMANUAL-2016.pdf |access-date=July 29, 2018 |archive-url=https://web.archive.org/web/20180729022842/https://www.govinfo.gov/content/pkg/GPO-STYLEMANUAL-2016/pdf/GPO-STYLEMANUAL-2016.pdf |archive-date=July 29, 2018 |url-status=live |language=en |chapter=3}}</ref>}} is the [[Federation#Federal governments|common government]] of the [[United States]], a [[federal republic]] located primarily in [[North America]], comprising 50 [[U.S. state|states]], five major [[Territories of the United States|self-governing territories]], several [[United States Minor Outlying Islands|island possessions]], and the [[federal district]] (national capital) of [[Washington, D.C.]], where the majority of the federal government is based. |
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The '''federal government of the United States''' is the [[central government|national government]] of the [[constitutional republic]] of [[U.S. state|fifty state]]s that is the [[United States|United States of America]]. The federal government comprises three distinct branches of government: a [[legislative branch|legislative]], an [[executive branch|executive]] and a [[judicial branch|judiciary]]. These branches and their various powers are delineated in the [[U.S. Constitution]]; the powers are specified in greater detail in laws enacted by Congress. |
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{{Anchor|branches}}The U.S. federal government is composed of three distinct branches: [[United States Congress|legislative]], [[#Executive branch|executive]], and [[Federal judiciary of the United States|judicial]], whose powers are vested by the [[United States Constitution|U.S. Constitution]] in the [[United States Congress|Congress]], the [[President of the United States|president]], and the [[Federal Courts of the United States|federal courts]], respectively.<ref>{{Cite web |title=Government structure |url=https://usafacts.org/reports/2021/government-10-k/part-i/item-1-purpose-and-function-of-our-government-general/government-structure/ |access-date=2024-02-10 |website=USAFacts}}</ref> The powers and duties of these branches are further defined by acts of Congress, including the creation of [[United States federal executive departments|executive departments]] and courts subordinate to the [[Supreme Court of the United States|U.S. Supreme Court]]. |
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In the [[Federalism in the United States|federal]] division of power, the federal government shares sovereignty with each of the 50 states in their respective territories. U.S. law recognizes Indigenous tribes as [[Tribal sovereignty in the United States|possessing sovereign powers]], while being subject to federal jurisdiction. |
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== Naming == |
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The [[seat of government]] of the United States is in [[Washington, D.C.]], a geographical area that is not located within any state. This has led to "Washington" commonly being used as a [[metonym]] for the U.S. federal government. |
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[[File:Political System of the United States.svg|thumb|upright=1|A diagram of the political system of the United States]] |
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The full name of the republic is the "United States of America". No other name appears in the [[Constitution of the United States|Constitution]], and this is the name that appears on money, in treaties, and in legal cases to which the nation is a party. The terms "Government of the United States of America" or "United States Government" are often used in official documents to represent the federal government as distinct from the states collectively. |
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In casual conversation or writing, the term "Federal Government" is often used, and the term "U.S. Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with the federal government; for instance, the [[Federal Bureau of Investigation]], [[National Oceanic and Atmospheric Administration]], and [[National Park Service]]. Because the [[seat of government]] is in [[Washington, D.C.]], "Washington" is sometimes used as a [[Metonymy|metonym]] for the federal government. |
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==History== |
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[[File:Diagram of the Federal Government and American Union edit.jpg|thumb|Diagram of Federal Government and American Union, 1862.]] |
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The outline of the government of the United States is laid out in the Constitution. The government was formed in 1789, making the United States one of the world's first, if not the first, modern national [[constitutional republic]].{{Citation needed|date=September 2011}} |
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== History == |
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The United States government as is based on the principle of federalism, in which power is shared between the federal government and state governments. The details of American federalism, including what powers the federal government should have and how those powers can be exercised, have been debated ever since the adoption of the Constitution. Some make the case for expansive federal powers while others argue for a more limited role for the central government in relation to individuals, the states or other recognized entities. |
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{{Main|History of the United States government}} |
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The United States government is based on the principles of [[Federalism in the United States|federalism]] and [[Republicanism in the United States|republicanism]], in which power is shared between the federal government and [[State governments of the United States|state governments]]. The interpretation and execution of these principles, including what powers the federal government should have and how those powers can be exercised, have been debated ever since the adoption of the Constitution. Some make a case for expansive federal powers while others argue for a more limited role for the central government in relation to individuals, the states, or other recognized entities. |
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Since the [[ |
Since the [[American Civil War]], the powers of the federal government have generally expanded greatly, although there have been periods since that time of legislative branch dominance (e.g., the decades immediately following the Civil War) or when [[states' rights]] proponents have succeeded in limiting federal power through legislative action, executive prerogative or by a constitutional interpretation by the courts.<ref>{{Cite journal |jstor = 3038511|title = The Influence of State Politics in Expanding Federal Power|journal = Proceedings of the American Political Science Association|volume = 5|pages = 53–63|last1 = Ford|first1 = Henry Jones|author-link=Henry Jones Ford|year = 1908|doi = 10.2307/3038511}}</ref><ref> [https://web.archive.org/web/20110718143842/http://www.ngaus.org/ngaus/files/ccLibraryFiles/Filename/000000000166/judgerulinginpa.pdf Judge: Governor must OK Guard unit closure]{{void|Fabrickator|comment|replacement for link to story titled "Judge Rules Favorably in Pennsylvania BRAC Suit"}} </ref> |
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One of the theoretical pillars of the |
One of the theoretical pillars of the U.S. Constitution is the idea of "[[Separation of powers#Checks and balances|checks and balances]]" among the powers and responsibilities of the three branches of American government: the executive, the legislative, and the judiciary. For example, while the legislative branch ([[U.S. Congress|Congress]]) has the power to create law, the executive branch under the [[U.S. President|president]] can [[Veto power in the United States|veto]] any legislation—an act which, in turn, can be overridden by Congress.<ref>{{cite web |url=https://trumpwhitehouse.archives.gov/our-government/legislative-branch |title=The Legislative Branch |access-date=January 20, 2013 |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |archive-date=January 29, 2022 |archive-url=https://web.archive.org/web/20220129230714/https://trumpwhitehouse.archives.gov/about-the-white-house/the-legislative-branch/ |url-status=live }}</ref> The president nominates judges to the nation's highest judiciary authority, the [[U.S. Supreme Court|Supreme Court]] (as well as to lower federal courts), but those nominees must be approved by Congress. The Supreme Court, in turn, [[Judicial review in the United States|can invalidate]] unconstitutional laws passed by the Congress. |
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==Legislative branch== |
==Legislative branch== <!--linked from [[Template:United States topics]]--> |
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{{Main|United States Congress}} |
{{Main|United States Congress}} |
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[[File:Seal of the United States Congress.svg|thumb|upright=1|Seal of the [[United States Congress]]]] |
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[[File:Seal_of_the_Unites_States_Congress.svg|thumb]] |
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The [[United States Congress]] is the legislative branch of the federal government. It is [[Bicameralism|bicameral]], comprising the [[United States House of Representatives|House of Representatives]] and the [[United States Senate|Senate]]. |
The [[United States Congress]], under Article I of the Constitution, is the legislative branch of the federal government. It is [[Bicameralism|bicameral]], comprising the [[United States House of Representatives|House of Representatives]] and the [[United States Senate|Senate]]. |
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=== Makeup of Congress === |
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==== House of Representatives ==== |
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The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include the powers to levy and collect [[tax]]es; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, promote progress of science by issuing patents, create federal courts inferior to the [[Supreme Court of the United States|Supreme Court]], combat [[Piracy|piracies]] and [[Felony|felonies]], declare [[war]], raise and support [[Military of the United States|armies]], provide and maintain a [[United States Navy|navy]], make rules for the regulation of land and naval forces, provide for, arm and discipline the [[Militia (United States)|militia]], exercise exclusive legislation in the [[Washington D.C|District of Columbia]], and to make laws necessary to properly execute powers. Over the two centuries since the United States was formed, many disputes have arisen over the limits on the powers of the federal government. These disputes have often been the subject of lawsuits that have ultimately been decided by the [[United States Supreme Court]]. |
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[[File:USHouseStructure2012-2022 SeatsByState.png|thumb|upright=1|The 435 seats of the [[United States House of Representatives|U.S. House of Representatives]] grouped by state]] |
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The [[United States House of Representatives|U.S. House of Representatives]] is made up of 435 voting members, each of whom represents a [[congressional district]] in a state from where they were elected. Apportionment of seats among the 50 states is determined by state populations, and it is updated after each [[decennial]] U.S. Census. Each member serves a two-year term. |
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In order to be elected as a representative, an individual must be at least 25 years of age, must have been a [[U.S. citizen]] for at least seven years, and must live in the state that they represent. |
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===Makeup of Congress=== |
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====House of Representatives==== |
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The House currently consists of 435 voting members, each of whom represents a [[congressional district]]. The number of representatives each state has in the House is based on each state's population as determined in the most recent [[United States Census]]. All 435 representatives serve a two-year term. Each state receives a minimum of one representative in the House. In order to be elected as a representative, an individual must be at least 25 years of age, and must have been a U.S. citizen for at least seven years. There is no limit on the number of terms a representative may serve. In addition to the 435 voting members, there are six non-voting members, consisting of five delegates and one [[resident commissioner]]. There is one delegate each from the [[District of Columbia]], [[Guam]], [[Virgin Islands]], [[American Samoa]] and the [[Commonwealth of the Northern Mariana Islands]], and the [[Resident Commissioner of Puerto Rico|resident commissioner]] from [[Puerto Rico]].<ref>US House Official Website [http://www.house.gov/house/MemberWWW_by_State.shtml House.gov] Retrieved on 17 August 2008</ref> |
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In addition to the 435 voting members, there are six non-voting members, consisting of five delegates and one [[resident commissioner]]. There is one delegate each from [[Washington, D.C.]], [[Guam]], the [[Virgin Islands]], [[American Samoa]], the [[Northern Mariana Islands|Commonwealth of the Northern Mariana Islands]], and a [[Resident Commissioner of Puerto Rico|resident commissioner]] from [[Puerto Rico]].<ref>{{cite web |url-status=dead |website=U.S. House |url=http://www.house.gov/house/MemberWWW_by_State.shtml |title=Member Web Site Listing (by State) |archive-url=https://web.archive.org/web/20080828203008/http://www.house.gov/house/MemberWWW_by_State.shtml |archive-date=August 28, 2008 |access-date=August 17, 2008}}</ref> |
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====Senate==== |
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In contrast the Senate is made up of two senators from each state, regardless of population. There is currently a total of 100 senators (two from each of the 50 states), who each serve six-year terms. Approximately one third of the Senate stands for election every two years. |
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Unlike the [[United States Senate|U.S. Senate]], all members of the U.S. House must be elected and cannot be appointed. In the case of a vacancy, the seat must be filled through a special election, as required under Article 1 of the U.S. Constitution.<ref>{{Cite web |title=Article I. Constitution of the United States of America |url=https://ilga.gov/commission/lrb/Article1.htm |access-date=2023-02-23 |website=Illinois General Assembly }}</ref> |
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====Different powers==== |
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The House and Senate each have particular exclusive powers. For example, the Senate must approve (give "[[advice and consent]]" to) many important Presidential appointments, including cabinet officers, federal judges (including nominees to the Supreme Court), department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and ambassadors to foreign countries. All legislative bills for the purpose of raising revenue must originate in the House of Representatives. The approval of both chambers is required to pass any legislation, which then may only become law by being signed by the President (or, if the President vetoes the bill, both houses of Congress then re-pass the bill, but by a [[Super majority|two-thirds majority]] of each chamber, in which case the bill becomes law without the President's signature). 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 [[Plurality voting system|first-past-the-post]] voting in every state except [[Louisiana]] and [[Washington (U.S. state)|Washington]], which have [[Two-round system|runoff]]s. |
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==== Senate ==== |
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In contrast, the Senate is made up of two senators from each state, regardless of population. There are currently 100 senators (2 from each of the 50 states), who each serve six-year terms. Approximately one-third of the Senate stands for election every two years. |
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Congress has the power to remove the President, federal judges, and other federal officers from office. The House of Representatives and Senate have separate roles in this process. The House must first vote to "impeach" the official. Then, a trial is held in the Senate to decide whether the official should be removed from office. Although two presidents have been impeached by the House of Representatives ([[Andrew Johnson]] and [[Bill Clinton]]), neither of them was removed following trial in the Senate. |
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If a vacancy occurs, the state governor appoints a replacement to complete the term or to hold the office until a special election can take place.<ref>{{Cite web |title= Appointed Senators (1913-Present) |url=https://www.senate.gov/senators/AppointedSenators.htm |access-date=2023-02-23 |website=United States Senate}}</ref> |
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====Congressional procedures==== |
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Article I, Section 2, paragraph 2 of the U.S. Constitution gives each chamber the power to "determine the rules of its proceedings." From this provision were created [[United States Congressional committee|congressional committees]], which do the work of drafting legislation and conducting congressional investigations into national matters. The [[108th United States Congress|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 may name special, or select, committees to study specific problems. Today, much of the congressional workload is borne by subcommittees, of which there are some 150. |
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==== Separate powers ==== |
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The House and Senate each have particular exclusive powers. For example, the Senate must approve (give "[[advice and consent]]" to) many important presidential appointments, including cabinet officers, [[United States federal judge|federal judges]] (including nominees to the Supreme Court), department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and [[Ambassador|ambassadors]] to foreign countries. All legislative bills for raising revenue must originate in the House of Representatives. The approval of both chambers is required to pass all legislation, which then may only become law by being signed by the president (or, if the president [[veto power in the United States|vetoes]] the bill, both houses of Congress then re-pass the bill, but by a [[Super majority|two-thirds majority]] of each chamber, in which case the bill becomes law without the president's signature). The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. |
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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 [[Plurality voting system|first-past-the-post]] voting in every state except [[Louisiana]] and [[Georgia (U.S. state)|Georgia]], which have [[Two-round system|runoffs]], and [[Maine]] and [[Alaska]], which use [[Instant-runoff voting|ranked-choice voting]]. |
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==== Impeachment of federal officers ==== |
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{{Main|Federal impeachment in the United States}} |
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[[United States Congress|Congress]] has the power to remove the president, federal judges, and other federal officers from office. The House of Representatives and Senate have separate roles in this process. The House must first vote to impeach the official. Then, a trial is held in the Senate to decide whether the official should be removed from office. {{As of|2023}}, three presidents have been impeached: [[Impeachment of Andrew Johnson|Andrew Johnson]], [[Impeachment of Bill Clinton|Bill Clinton]], and [[Impeachment of Donald Trump|Donald Trump]] (twice). None of the three were removed from office following trial in the Senate.<ref>{{Cite news | url = https://www.bbc.com/news/world-us-canada-39945744 | title = Trump impeachment: A very simple guide | date = December 19, 2019 | access-date = February 11, 2022 | newspaper = [[BBC News]] | url-status = live | archive-date = December 19, 2019 | archive-url = https://web.archive.org/web/20191219124926/https://www.bbc.com/news/world-us-canada-39945744}}</ref> |
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==== Congressional procedures ==== |
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Article I, Section 2, paragraph 2 of the U.S. Constitution gives each chamber the power to "determine the rules of its proceedings". From this provision were created [[United States Congressional committee|congressional committees]], which do the work of drafting legislation and conducting congressional investigations into national matters. The [[118th United States Congress|118th Congress]] (2023–2025) has 20 standing committees in the House<ref>{{cite web |url=https://www.house.gov/committees |title=Committees |website=house.gov |access-date=23 November 2023}}</ref> and 19 in the Senate,<ref>{{cite web |url=https://www.senate.gov/committees/index.htm |title=Committees |website=U.S. Senate |access-date=23 November 2023}}</ref> plus 4 joint permanent committees with members from both houses overseeing the [[Library of Congress]], printing, taxation, and the economy. In addition, each house may name special, or select, committees to study specific problems. Today, much of the congressional workload is borne by the subcommittees, of which there are around 150. |
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=== Powers of Congress === |
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{{Main|Article One of the United States Constitution}} |
{{Main|Article One of the United States Constitution}} |
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[[File:United States Capitol - west front.jpg|thumb|The [[United States Capitol]] |
[[File:United States Capitol - west front.jpg|thumb|upright=1|The [[United States Capitol]], the [[seat of government]] for [[United States Congress|Congress]], the legislative branch of the U.S. government]] |
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The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include the powers to levy and collect [[tax]]es; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, issue patents, create federal courts inferior to the [[Supreme Court of the United States|Supreme Court]], combat [[Piracy|piracies]] and [[Felony|felonies]], declare [[war]], raise and support [[Military of the United States|armies]], provide and maintain a [[United States Navy|navy]], make rules for the regulation of land and naval forces, provide for, arm and discipline the [[Militia (United States)|militia]], exercise exclusive legislation in the [[District of Columbia]], regulate [[interstate commerce]], and to make laws necessary to properly execute powers. Over the two centuries since the United States was formed, many disputes have arisen over the limits on the powers of the federal government. These disputes have often been the subject of lawsuits that have ultimately been decided by the [[United States Supreme Court]]. |
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====Congressional oversight==== |
==== Congressional oversight ==== |
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{{Main|Congressional oversight}} |
{{Main|Congressional oversight}} |
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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.<ref name="Congressional oversight">{{cite web| last = Kaiser| first = Frederick M.| title = Congressional Oversight| publisher = Congressional Research Service| date = January 3, 2006| url = https://fas.org/sgp/crs/misc/97-936.pdf| access-date = July 30, 2008| archive-date = July 25, 2008| archive-url = https://web.archive.org/web/20080725063749/http://www.fas.org/sgp/crs/misc/97-936.pdf| url-status = live}}</ref> |
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It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency. |
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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.<ref name="Congressional oversight">{{cite web| last = Kaiser| first = Frederick M.| authorlink = | coauthors = | title = Congressional Oversight| work = | publisher = Congressional Research Service | date = 2006-01-03| url = http://www.fas.org/sgp/crs/misc/97-936.pdf| format = | doi = | accessdate = 2008-07-30}}</ref> |
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It applies to cabinet departments, executive agencies, regulatory commissions and the presidency. |
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Congress's oversight function takes many forms: |
Congress's oversight function takes many forms: |
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* Committee inquiries and [[United States congressional hearing|hearings]] |
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* Formal consultations with and reports from the [[President of the United States|president]] |
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* Committee inquiries and hearings |
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* Formal consultations with and reports from the [[President of the United States|President]] |
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* Senate advice and consent for presidential nominations and for treaties |
* Senate advice and consent for presidential nominations and for treaties |
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* House [[Impeachment in the United States|impeachment]] proceedings and subsequent Senate trials |
* House [[Impeachment in the United States|impeachment]] proceedings and subsequent Senate trials |
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* House and Senate proceedings under the [[Twenty-fifth Amendment to the United States Constitution|25th Amendment]] |
* House and Senate proceedings under the [[Twenty-fifth Amendment to the United States Constitution|25th Amendment]] if the president becomes disabled or if the office of the [[Vice President of the United States|vice president]] falls vacant |
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* Informal meetings between legislators and executive officials |
* Informal meetings between legislators and executive officials |
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* Congressional membership: each state is allocated a number of seats based on its representation (or ostensible representation, in the case of D.C.) in the House of Representatives. Each state is allocated two |
* Congressional membership: each state is allocated a number of seats based on its representation (or ostensible representation, in the case of D.C.) in the House of Representatives. Each state is allocated two senators regardless of its population. {{as of|2023|November|}}, the District of Columbia elects a non-voting representative to the House of Representatives along with American Samoa, the U.S. Virgin Islands, Guam, Puerto Rico, and the Northern Mariana Islands.<ref>{{cite web |url=https://www.house.gov/representatives |title=Directory of Representatives |website=house.gov |access-date=23 November 2023}}</ref> |
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==Executive branch==<!-- |
==Executive branch== <!--linked from [[George Washington]] and [[Template:United States topics]]. Wikidata item: Q108602895--> |
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{{See also|Article Two of the United States Constitution}} |
{{See also|Article Two of the United States Constitution|List of United States federal executive orders}} |
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{{multiple image |
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The executive power in the federal government is vested in the President of the United States,<ref name="ArtII wikisource">[[s:Constitution of the United States of America|Article II, Constitution of the United States of America]]</ref> although power is often delegated to the [[United States Cabinet|Cabinet]] members and other officials.<ref>{{UnitedStatesCode|3|301|303}}</ref><ref> |
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{{cite web |
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|first = Obama |
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| caption_align = center |
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|last = Barack |
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| image1 = Joe Biden presidential portrait (cropped).jpg |
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|authorlink = Barack Obama |
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| width1 = 120 |
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|title = Delegation of Certain Authority Under the National Defense Authorization Act for Fiscal Year 2008 |
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| caption1 = [[Joe Biden]]<br /><small>46th [[President of the United States|president]]</small> |
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|url = http://www.whitehouse.gov/the_press_office/Presidential-Memorandum-for-the-Secretary-of-Defense/ |
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| image2 = Kamala Harris Vice Presidential Portrait (cropped).jpg |
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|publisher = [[United States]] |
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| width2 = 120 |
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|date = 2009-04-27 |
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| caption2 = [[Kamala Harris]]<br /><small>49th [[Vice President of the United States|vice president]]</small> |
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|archivedate = |
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| footer = since January 20, 2021 |
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|accessdate = 2009-07-01 |
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| footer_align = center |
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|quote = |
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}} |
}} |
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=== President === |
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</ref> The [[President of the United States|President]] and [[Vice President of the United States|Vice President]] are elected as [[running mates]] by the [[United States Electoral College|Electoral College]], for which each [[U.S. state|state]], as well as the [[Washington, D.C.|District of Columbia]], is allocated a number of seats based on its representation (or [[Ostensible authority|ostensible representation]], in the case of D.C.) in both houses of Congress.<ref name="ArtII wikisource"/><ref>[[s:Additional amendments to the United States Constitution#Amendment XXIII|Amendment XXIII to the United States Constitution]]</ref> The President is limited to a [[Term limits in the United States|maximum]] of two non-consecutive<ref>[[s:Additional amendments to the United States Constitution#Amendment XXII|Amendment XXII to the United States Constitution]]</ref> four-year terms, as well as being able to have served for 2 years after succeeding to the presidency, prior to his last term.<ref name="ArtII wikisource"/> |
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{{Main|President of the United States|Powers of the president of the United States}} |
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[[File:Seal Of The President Of The United States Of America.svg|thumb|upright=1|The [[seal of the president of the United States]]]] |
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[[File:The White House at night, 2011.jpg|thumb|upright=1|The [[White House]] includes the office of the [[President of the United States|U.S. president]], known as the [[Oval Office]], and the offices of key [[Executive Office of the President of the United States|presidential advisors and staff]].]] |
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====Executive powers and duties==== |
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The executive branch is established in [[Article Two of the United States Constitution]], which [[Vesting Clauses|vests executive power]] in the [[president of the United States]].<ref name="ArtII wikisource">{{cite web |at=Article II |title=Constitution of the United States of America |url=https://en.wikisource.org/wiki/Constitution_of_the_United_States_of_America |via=Wikisource |date=1787 }}</ref><ref name=NatureScope>{{cite web|title=Nature and Scope of Presidential Power|url=https://www.law.cornell.edu/constitution-conan/article-2/section-1/clause-1|work=U.S. Constitution Annotated|publisher=Congressional Research Service|via=Cornell Law School, Legal Information Institute|access-date=February 15, 2021|archive-date=January 23, 2021|archive-url=https://web.archive.org/web/20210123061438/https://www.law.cornell.edu/constitution-conan/article-2/section-1/clause-1|url-status=live}}</ref> The president is both the [[head of state]] (performing ceremonial functions) and the [[head of government]] (the chief executive).<ref name=DreznerAug2019>{{cite web|url=https://www.washingtonpost.com/outlook/2019/08/04/americas-head-state-mia/|title=America's head of state, M.I.A.|author=[[Daniel W. Drezner]]|date=August 4, 2019|newspaper=Washington Post|access-date=February 15, 2021|archive-date=December 16, 2020|archive-url=https://web.archive.org/web/20201216105903/https://www.washingtonpost.com/outlook/2019/08/04/americas-head-state-mia/|url-status=live}}</ref> The Constitution directs the president to "[[Take Care Clause|take care that the laws be faithfully executed]]"<ref name=NatureScope/> and requires the president to [[Oath of office of the president of the United States|swear or affirm]] to "preserve, protect and defend the Constitution of the United States."<ref name=Oath>{{cite web|title=Article 2, Section I, Clause 8: Oath of Office|url=https://www.law.cornell.edu/constitution-conan/article-2/section-1/clause-8|work=U.S. Constitution Annotated|publisher=Congressional Research Service|via=Cornell Law School, Legal Information Institute|access-date=February 15, 2021|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210162914/https://www.law.cornell.edu/constitution-conan/article-2/section-1/clause-8|url-status=live}}</ref> Legal scholars William P. Marshall and [[Saikrishna Prakash|Saikrishna B. Prakash]] write of the Clause: "the President may neither breach federal law nor order their subordinates to do so, for defiance cannot be considered faithful execution. The Constitution also incorporates the English bars on dispensing or suspending the law, with some supposing that the Clause itself prohibits both."<ref name=MarshallPrakash>William P. Marshall & [[Saikrishna Prakash|Saikrishna B. Prakash]], [https://constitutioncenter.org/interactive-constitution/interpretation/article-ii/clauses/348 Article II, Section 3: Common Interpretation] {{Webarchive|url=https://web.archive.org/web/20210217120759/https://constitutioncenter.org/interactive-constitution/interpretation/article-ii/clauses/348 |date=February 17, 2021 }}, National Constitution Center (2021).</ref> Many presidential actions are undertaken via [[executive order]]s, [[presidential proclamations]], and [[presidential memoranda]].<ref>{{cite web|url=https://guides.loc.gov/executive-orders/order-proclamation-memorandum|title=Executive Order, Proclamation, or Executive Memorandum?|work=Executive Orders: A Beginner's Guide|year=2020|publisher=Library of Congress Research Guide|access-date=February 15, 2021|archive-date=February 7, 2021|archive-url=https://web.archive.org/web/20210207183225/https://guides.loc.gov/executive-orders/order-proclamation-memorandum|url-status=live}}</ref> |
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The president is the [[commander-in-chief]] of the [[United States armed forces|armed forces]].<ref name=NatureScope/><ref name=CommanderChief>{{cite web|publisher=Congressional Research Service|url=https://constitution.congress.gov/browse/essay/artII-S2-C1-1-2/ALDE_00001128/|title=ArtII.S2.C1.1.2 Commander in Chief Power: Doctrine and Practice|work=Constitution of the United States of America: Analysis and Interpretation|access-date=February 15, 2021|archive-date=January 6, 2021|archive-url=https://web.archive.org/web/20210106200602/https://constitution.congress.gov/browse/essay/artII-S2-C1-1-2/ALDE_00001128/|url-status=live}}</ref> Under the [[Reception Clause]], the president is empowered to "receive Ambassadors and other public Ministers"; the president has broad authority to conduct foreign relations, is generally considered to have the sole power of [[diplomatic recognition]],<ref name=NatureScope/><ref name=Binkley>{{cite book|author=Wilfred E. Binkley|pages=247–57|date=1959|title=The Man in the White House: His Powers and Duties|edition=paperback 2009|publisher=Johns Hopkins University Press}}</ref> and is the United States' chief diplomat,<ref name=Binkley/> although the Congress also has an important role in legislating on foreign affairs,<ref name=NatureScope/><ref name=Binkley/> and can, for example, "institute a trade embargo, declare war upon a foreign government that the President had recognized, or decline to appropriate funds for an embassy in that country."<ref name=Binkley/> The president may also negotiate and sign treaties, but ratifying treaties requires the consent of two-thirds of the Senate.<ref name=TreatyMaking>{{cite web|publisher=Congressional Research Service|url=https://constitution.congress.gov/browse/essay/artII-S2-C2-1/ALDE_00001135/|title=ArtII.S2.C2.1 The Treaty Making Power|work=Constitution of the United States of America: Analysis and Interpretation|access-date=February 15, 2021|archive-date=January 31, 2021|archive-url=https://web.archive.org/web/20210131062728/https://constitution.congress.gov/browse/essay/artII-S2-C2-1/ALDE_00001135/|url-status=live}}</ref> |
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===President=== |
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{{Main|President of the United States}} |
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[[File:Seal Of The President Of The Unites States Of America.svg|thumb|right]] |
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Article II's [[Appointments Clause]] provides that the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other [[Officers of the United States]]" while providing that "Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."<ref name=AppointmentsClause>{{cite web|publisher=Congressional Research Service|url=https://constitution.congress.gov/browse/essay/artII-S2-C2-2-1-1/ALDE_00001136/|title=ArtII.S2.C2.2.1.1 Appointing Ambassadors, Ministers, and Consuls|work=Constitution of the United States of America: Analysis and Interpretation|access-date=February 15, 2021|archive-date=February 27, 2021|archive-url=https://web.archive.org/web/20210227014010/https://constitution.congress.gov/browse/essay/artII-S2-C2-2-1-1/ALDE_00001136/|url-status=live}}</ref> These appointments delegate "by legal authority a portion of the sovereign powers of the federal government."<ref name="doj">{{cite book|author=Steven G. Bradbury|author-link=Steven G. Bradbury|title=Offices of the United States Within the Meaning of the Appointments Clause|date=April 16, 2007|publisher=United States Department of Justice [[Office of Legal Counsel]]|url=https://www.justice.gov/sites/default/files/olc/opinions/attachments/2015/05/29/op-olc-v031-p0083.pdf|ref=doj|access-date=February 15, 2021|archive-date=February 21, 2021|archive-url=https://web.archive.org/web/20210221020138/https://www.justice.gov/sites/default/files/olc/opinions/attachments/2015/05/29/op-olc-v031-p0083.pdf|url-status=live}}</ref> |
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The executive branch consists of the President and those to whom the President's powers are delegated. The President is both the [[head of state]] and [[Head of government|government]], as well as the military [[Commander-in-chief#United States|commander-in-chief]] and chief [[diplomat]]. The President, according to the Constitution, must "take care that the laws be faithfully executed", and "preserve, protect and defend the Constitution". The President presides over the executive branch of the federal government, an organization numbering about 5 million people, including 1 million active-duty military personnel and 600000 postal service employees. The forty-fourth and current president is Alexis Ward. |
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The Constitution grants the president the "Power to [[Federal pardons in the United States|grant Reprieves and Pardons for Offences against the United States]], except in Cases of Impeachment"; this [[clemency]] power includes the power to issue absolute or conditional pardons, and to issue [[commutation of sentence|commute sentences]], to remit fines, and to issue general [[amnesty|amnesties]].<ref name=PardonPower>{{cite web|publisher=Congressional Research Service|url=https://constitution.congress.gov/browse/essay/artII-S2-C1-3-1-1/ALDE_00001132/|title=ArtII.S2.C1.3.1.1 Scope of the Pardon Power|work=Constitution of the United States of America: Analysis and Interpretation|access-date=February 15, 2021|archive-date=January 27, 2021|archive-url=https://web.archive.org/web/20210127151353/https://constitution.congress.gov/browse/essay/artII-S2-C1-3-1-1/ALDE_00001132/|url-status=live}}</ref> The presidential clemency power extends only to federal crimes, and not to state crimes.<ref name=BrennanCenterPardonPower>{{cite web|url=https://www.brennancenter.org/our-work/research-reports/presidential-pardon-power-explained|publisher=Brennan Center for Justice|title=Explainer: Presidential Pardon Power Explained|date=January 9, 2021|author=Lauren-Brooke Eisen, Hernandez Stroud & Josh Bell|access-date=February 15, 2021|archive-date=February 3, 2021|archive-url=https://web.archive.org/web/20210203061926/https://www.brennancenter.org/our-work/research-reports/presidential-pardon-power-explained|url-status=live}}</ref> |
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The President may sign legislation passed by Congress into law or may [[Veto#United States|veto]] it, preventing it from becoming law unless two-thirds of both houses of Congress vote to override the veto. The President may unilaterally sign [[treaty|treaties]] with foreign nations. However, [[Ratification#Ratification_of_an_international_treaty|ratification]] of international treaties requires a two-thirds majority vote in the Senate. The President may be [[impeachment in the United States|impeached]] by a majority in the House and removed from office by a two-thirds majority in the Senate for "[[treason]], [[Bribery#Government|bribery]], or other [[high crimes and misdemeanors]]". The President may not [[Dissolution of Parliament|dissolve Congress]] or call [[By-election|special election]]s but does have the power to [[pardon]], or release, criminals convicted of offenses against the federal government (except in cases of impeachment), enact [[Executive order (United States)|executive orders]], and (with the consent of the Senate) appoint Supreme Court justices and federal judges. |
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The president has informal powers beyond their formal powers. For example, the president has major [[agenda-setting]] powers to influence lawmaking and policymaking,<ref>{{cite journal|title=The President as Agenda Setter-in-Chief: The Dynamics of Congressional and Presidential Agenda Setting|author1=Paul E. Rutledge |author2=Heather A. Larsen |journal=Policy Studies Journal|volume=42|issue=3|date=August 2014|doi=10.1111/psj.12068|pages=443–464|doi-access=free}}</ref> and typically has a major role as the [[Party leader|leader of their political party]].<ref>{{cite book|title=The President as Party Leader|author=James W. Davis|year= 1992|publisher=Praeger}}</ref> |
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===Vice President=== |
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{{Main|Vice President of the United States}} |
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[[File:US Vice President Seal.svg|thumb|right]] |
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====Election, succession, and term limits==== |
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The Vice President is the second-highest executive official in rank of the government. As first in the [[United States presidential line of succession|U.S. presidential line of succession]], the Vice President becomes President upon the death, resignation, or removal of the President, which has happened [[Us_presidents#About_the_list|nine times]] in U.S. history. Under the Constitution, the Vice President is [[President of the Senate#United States|President of the Senate]]. By virtue of this role, he or she is the head of the Senate. In that capacity, the Vice President is allowed to vote in the Senate, but only when necessary to [[United States Vice Presidents' tie-breaking votes|break a tie vote]]. Pursuant to the [[Twelfth Amendment to the United States Constitution|Twelfth Amendment]], the Vice President presides over the joint session of Congress when it convenes to count the vote of the Electoral College. While the Vice President's only constitutionally prescribed functions, aside from presidential succession, relate to his or her role as President of the Senate, the office is now commonly viewed as a member of the executive branch of the federal government. The U.S. Constitution does not expressly assign the office to any one branch, causing scholars to dispute whether it belongs to the executive branch, the legislative branch, or both.<ref name=Goldstein>{{cite journal|last=Goldstein|first=Joel K.|title=The New Constitutional Vice Presidency|journal=Wake Forest Law Review|volume=30|issue=505|publisher=Wake Forest Law Review Association, Inc.|url=|location=Winston Salem, NC|year=1995}}</ref><ref>{{cite journal|last=Reynolds|first=Glenn Harlan|title=Is Dick Cheney Unconstitutional?|journal=Northwestern University Law Review Colloquy|volume=102|issue=110|publisher=Northwestern University School of Law|url=|location=Chicago|year=2007}}</ref> |
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{{Further information|United States presidential election}} |
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The [[President of the United States|president]] and [[Vice President of the United States|vice president]] are normally elected as [[running mates]] by the [[United States Electoral College|Electoral College]]; each [[U.S. state|state]] has a number of electoral votes equal to the size of its Congressional delegation (''i.e.'', its number of Representatives in the House plus its two senators). The [[District of Columbia]] has a number of electoral votes "equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State".<ref name="ArtII wikisource" /><ref>{{Cite wikisource|title=23rd Amendment to the United States Constitution|plaintitle=|url=}}</ref> A President may also be seated by [[Order of succession|succession]]. As originally drafted, there was no limit to the time a President could serve, however the Twenty-second Amendment, ratified in 1951, originally limits any president to serving two four-year terms (8 years); the amendment specifically "caps the service of a president at 10 years" by providing that "if a person succeeds to the office of president without election and serves less than two years, he may run for two full terms; otherwise, a person succeeding to office of president can serve no more than a single elected term."<ref name="Amd-XXII">{{Cite wikisource|title=Twenty-second Amendment to the United States Constitution}}</ref><ref>Michael Levy, [https://www.britannica.com/topic/Twenty-second-Amendment Twenty-second Amendment: United States Constitution] {{Webarchive|url=https://web.archive.org/web/20210416131210/https://www.britannica.com/topic/Twenty-second-Amendment |date=April 16, 2021 }}, ''Encyclopædia Britannica'' (2010).</ref> |
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=== |
====Veto power, impeachment, and other issues==== |
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[[File:Uncle Sam (pointing finger).png|thumb|upright=1|[[Uncle Sam]], a common [[National personification|personification]] of the U.S. federal government, depicted in an early 20th century illustration]] |
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{{Main|United States Cabinet|List of United States federal agencies}} |
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Under the [[Presentment Clause]] of Article I, a bill that passes both chambers of Congress shall be presented to the president, who may sign the bill into law or [[Veto power in the United States|veto]] the bill by returning it to the chamber where it originated.<ref name=LegislativeProcess>{{cite web|title=U.S. Constitution, Article I, Section 7, Clauses 1–3: The Legislative Process|url=https://www.law.cornell.edu/constitution-conan/article-1/section-7/clause-1-3|website=[[Legal Information Institute]]|access-date=February 15, 2021|archive-date=January 22, 2021|archive-url=https://web.archive.org/web/20210122183816/https://www.law.cornell.edu/constitution-conan/article-1/section-7/clause-1-3|url-status=live}}</ref> If the president neither signs nor vetoes a bill "within ten Days (Sundays excepted) after it shall have been presented to him" it becomes a law without the president's signature, "unless the Congress by their Adjournment prevent its Return in which Case it shall not be a Law" (called a [[pocket veto]]).<ref name=LegislativeProcess/> A presidential veto may be overridden by a two-thirds vote in both houses of Congress;<ref name=LegislativeProcess/> this occurs relatively infrequently.<ref name=VetoStates>{{cite web|url=https://www.presidency.ucsb.edu/statistics/data/presidential-vetoes|title=Presidential Vetoes: Washington to Biden|date=January 8, 2021|work=American Presidency Project|publisher=University of California, Santa Barbara|access-date=February 15, 2021|archive-date=February 27, 2021|archive-url=https://web.archive.org/web/20210227003039/https://www.presidency.ucsb.edu/statistics/data/presidential-vetoes|url-status=live}}</ref> |
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The president may be [[impeachment in the United States|impeached]] by a majority in the House and removed from office by a two-thirds majority in the Senate for "[[treason]], [[Bribery#Government|bribery]], or other [[high crimes and misdemeanors]]". |
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The president may not [[Dissolution of Parliament|dissolve Congress]], but has the power to adjourn Congress whenever the House and Senate cannot agree when to adjourn; no president has ever used this power.<ref name=MarshallPrakash/> The president also has the constitutional power to, "on extraordinary Occasions, convene both Houses, or either of them"; this power has been used "to consider nominations, war, and emergency legislation."<ref name=MarshallPrakash/> This Section invests the President with the discretion to convene Congress on "extraordinary occasions"; this [[special session]] power that has been used to call the chambers to consider urgent matters.<ref name=MarshallPrakash/> |
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====Secretary of State==== |
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{{Main|United States Secretary of State}} |
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[[File:Department of state.svg|thumb|right]] |
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=== Vice president === |
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The Secretary of State is the Chief Executive Officer of the United States Department of State, the most senior of all federal executive departments. The Secretary of State is the third-highest official of the executive branch of the federal government of the United States, after the President and Vice President. The Secretary is a member of the President's Cabinet and the highest-ranking cabinet secretary both in the presidential line of succession and order of precedence. The Secretary has many duties and responsibilities. The Secretary serves as the President's chief adviser on U.S. foreign policy and as such negotiates, interprets, and terminates treaties and agreements, personally participates in or directs U.S. representatives to international conferences, organizations, and agencies, conducts negotiations relating to U.S. foreign affairs, and is responsible for the administration and management of foreign embassies and consulate offices. Foreign trade missions and intelligence assets report directly to the Secretary of State. The Secretary is also responsible for overall direction, coordination, and supervision of interdepartmental activities of the U.S. government overseas. |
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{{Main|Vice President of the United States}} |
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[[File:Seal of the Vice President of the United States.svg|thumb|right|upright=1|[[Seal of the vice president of the United States]]]] |
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The vice president is the second-highest official in rank of the federal government. The vice president's duties and powers are established in the legislative branch of the federal government under Article 1, Section 3, Clauses 4 and 5 as the [[President of the Senate#United States|president of the Senate]]; this means that they are the designated presiding officer of the Senate. In that capacity, the vice president has the authority (''[[ex officio]]'', for they are not an elected member of the Senate) to cast a [[United States Vice Presidents' tie-breaking votes|tie-breaking vote]]. Pursuant to the [[Twelfth Amendment to the United States Constitution|Twelfth Amendment]], the vice president presides over the [[Joint session of the United States Congress|joint session of Congress]] when it convenes to count the vote of the [[Electoral College (United States)|Electoral College]]. As first in the [[United States presidential line of succession|U.S. presidential line of succession]], the vice president's duties and powers move to the executive branch when becoming president upon the death, resignation, or removal of the president, which has happened [[Us presidents#About the list|nine times]] in U.S. history. Lastly, in the case of a [[Twenty-fifth Amendment to the United States Constitution|Twenty-fifth Amendment]] succession event, the vice president would become acting president, assuming all of the powers and duties of president, except being designated as president. Accordingly, by circumstances, the Constitution designates the vice president as routinely in the legislative branch, or succeeding to the executive branch as president, or possibly being in both as acting president pursuant to the [[Twenty-fifth Amendment to the United States Constitution|Twenty-fifth Amendment]]. Because of circumstances, the overlapping nature of the duties and powers attributed to the office, the title of the office and other matters, such has generated a spirited scholarly dispute regarding attaching an exclusive branch designation to the office of vice president.<ref name=Goldstein>{{cite journal|last=Goldstein|first=Joel K.|title=The New Constitutional Vice Presidency|journal=Wake Forest Law Review|volume=30|issue=505|year=1995}}</ref><ref>{{cite journal|last=Reynolds|first=Glenn Harlan|author-link=Glenn Reynolds|title=Is Dick Cheney Unconstitutional?|journal=Northwestern University Law Review Colloquy|volume=102|issue=110|year=2007}}</ref> |
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=== Cabinet, executive departments, and agencies === |
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{{Main|Cabinet of the United States|United States federal executive departments|List of federal agencies in the United States}} |
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Article II, Section 2 of the Constitution sets forth the creation of a presidential Cabinet. The role of the Cabinet is to advise the president and carry out the programs and laws of the federal government. The Cabinet is composed of the vice president and the leaders of 15 executive departments. Those executive departments are the Departments of State, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security.<ref>{{Cite web |date=2014-12-09 |title=The Cabinet |url=https://obamawhitehouse.archives.gov/administration/cabinet |access-date=2023-03-01 |website=whitehouse.gov |language=en}}</ref> |
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Additionally, there are seven other members of the Cabinet who are appointed by the president. These are the White House Chief of Staff, Administrator of the Environmental Protection Agency, Director of the Office of Management & Budget, United States Trade Representative, U.S. Ambassador to the United Nations, Chairman of the Council of Economic Advisers, and Administrator of the Small Business Administration.<ref name=":0">{{Cite web |title=The Executive Branch |url=https://www.whitehouse.gov/about-the-white-house/our-government/the-executive-branch/ |access-date=2023-03-01 |website=The White House |language=en-US}}</ref> |
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The heads of the 15 departments are chosen by the president and approved with the "advice and consent" of the U.S. Senate. Once confirmed, these "Cabinet secretaries" serve at the pleasure of the president. |
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In addition to the executive departments, a number of staff organizations are grouped into the [[Executive Office of the President]] (EOP), which was created in 1939 by President Franklin D. Roosevelt.<ref name=":0" /> The EOP is overseen by the White House Chief of Staff. The EOP includes the [[White House]] staff, the [[United States National Security Council|National Security Council]], the [[Office of Management and Budget]], the [[Council of Economic Advisers]], the [[Council on Environmental Quality]], the [[Office of the United States Trade Representative|Office of the U.S. Trade Representative]], the [[Office of National Drug Control Policy]], and the [[Office of Science and Technology Policy]]. |
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====Other cabinet officials, commissions and agencies==== |
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The day-to-day enforcement and administration of federal laws is in the hands of the various [[United States federal executive departments|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 advisers 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 [[United States National Security Council|National Security Council]], the [[Office of Management and Budget]], the [[Council of Economic Advisers]], the [[Council on Environmental Quality]], the [[Office of the United States Trade Representative|Office of the U.S. Trade Representative]], the [[Office of National Drug Control Policy]] and the [[Office of Science and Technology Policy]]. The employees in these United States government agencies are called [[United States civil service|federal civil servants]]. |
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Outside of the EOP and the executive departments are a number of [[Independent agencies of the United States government|independent agencies]]. These include the [[United States Postal Service]] (USPS), [[NASA]], the [[Central Intelligence Agency]] (CIA), the [[United States Environmental Protection Agency|Environmental Protection Agency]] (EPA), and the [[United States Agency for International Development]] (USAID). In addition, there are [[government-owned corporation]]s, including the [[Federal Deposit Insurance Corporation]] and the [[National Railroad Passenger Corporation]]. |
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==Judicial branch== |
== Judicial branch == |
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{{Main| |
{{Main|Federal judiciary of the United States}} |
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{{Further|Supreme Court of the United States}} |
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{{See also|Article Three of the United States Constitution}} |
{{See also|Article Three of the United States Constitution}} |
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The Judiciary explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases. |
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The Judiciary, under Article III of the Constitution, explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases. |
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[[File:Seal of the United States Supreme Court.svg|thumb|left]] |
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===Overview of the |
=== Overview of the federal judiciary === |
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[[File:Seal of the United States Supreme Court.svg|thumb|upright=1|Seal of the [[Supreme Court of the United States|U.S. Supreme Court]]]] |
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the United States Congress to establish inferior courts as their need shall arise. Section I also establishes a |
Article III section I of the Constitution establishes the [[Supreme Court of the United States]] and authorizes the [[United States Congress]] to establish inferior courts as their need shall arise. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office. Article II section II establishes that all federal judges are to be appointed by the president and confirmed by the United States Senate. |
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The [[Judiciary Act of 1789]] subdivided the nation jurisdictionally into [[United States federal judicial district|judicial districts]] and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress |
The [[Judiciary Act of 1789]] subdivided the nation jurisdictionally into [[United States federal judicial district|judicial districts]] and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress retains the power to re-organize or even abolish federal courts lower than the Supreme Court. |
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The U.S. Supreme Court |
The U.S. Supreme Court decides [[cases and controversies]], which include matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and, in general, can declare legislation or executive action made at any level of the government as [[Judicial review in the United States|unconstitutional]], nullifying the law and creating [[precedent]] for future law and decisions. The United States Constitution does not specifically mention the power of [[Judicial review in the United States|judicial review]], which is the power to declare a law unconstitutional. There have been instances in the past where such declarations have been ignored by the other two branches. Below the U.S. Supreme Court are the [[United States court of appeals|United States Courts of Appeals]], and below them in turn are the [[United States district court|United States District Courts]], which are the general trial courts for federal law, and for certain controversies between litigants who are not deemed citizens of the same state, known as [[diversity jurisdiction]]. |
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There are three levels of federal courts with |
There are three levels of federal courts with general jurisdiction, which are courts that handle both [[criminal law|criminal]] and [[civil law (legal system)|civil]] suits between individuals. Other courts, such as the [[United States bankruptcy court|bankruptcy courts]] and the [[United States Tax Court|U.S. Tax Court]], are specialized courts handling only certain kinds of cases, known as [[subject matter jurisdiction]]. The Bankruptcy Courts are supervised by the district courts, and, as such, are not considered part of the [[Article Three of the United States Constitution|Article III]] judiciary. As such, their judges do not have lifetime tenure, nor are they Constitutionally exempt from diminution of their remuneration.<ref>[[Federal tribunals in the United States]]</ref>{{Circular reference|date=August 2024}} The Tax Court is an Article I Court, not an Article III Court.<ref>[[United States Tax Court]]</ref>{{Circular reference|date=August 2024}} |
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The district courts are the trial courts wherein cases that are considered under the Judicial Code (Title 28, United States Code) consistent with the jurisdictional precepts of |
The district courts are the trial courts wherein cases that are considered under the Judicial Code (Title 28, United States Code) consistent with the jurisdictional precepts of [[federal question jurisdiction]], diversity jurisdiction, and [[pendent jurisdiction]] can be filed and decided. The district courts can also hear cases under [[removal jurisdiction]], wherein a case brought in a state court meets the requirements for diversity jurisdiction, and one party litigant chooses to "remove" the case from state court to federal court. |
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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, and some interlocutory appeals. The U.S. Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has [[original jurisdiction]] over a |
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, and some interlocutory appeals. The U.S. Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has [[original jurisdiction]] over a few cases. |
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The judicial power extends to cases arising under the Constitution, an [[Act of Congress]]; a U.S. [[treaty]]; cases affecting [[ambassador]]s, [[Diplomatic rank| |
The judicial power extends to cases arising under the Constitution, an [[Act of Congress]]; a U.S. [[treaty]]; cases affecting [[ambassador]]s, [[Diplomatic rank|ministers]] and [[Consul (representative)|consuls]] of foreign countries in the U.S.; cases and controversies to which the federal government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases (collectively "federal-question jurisdiction"). The [[Eleventh Amendment to the United States Constitution|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 did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant. |
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The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The interplay of the Supremacy Clause and Article III has resulted in a complex set of relationships between state and federal courts. Federal courts can sometimes hear cases arising under state law pursuant to [[diversity jurisdiction]], state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved by federal statute to the state courts |
The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The interplay of the Supremacy Clause and Article III has resulted in a complex set of relationships between state and federal courts. Federal courts can sometimes hear cases arising under state law pursuant to [[diversity jurisdiction]], state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved by federal statute to the state courts. Both court systems have [[exclusive jurisdiction]] in some areas and [[concurrent jurisdiction]] in others. |
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The U.S. Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"; in practice, this usually means they serve until they die, retire, or resign. A judge who commits an offense while in office may be [[impeachment|impeached]] in the same way as the |
The U.S. Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"; in practice, this usually means they serve until they die, retire, or resign. A judge who commits an offense while in office may be [[impeachment|impeached]] in the same way as the president or other officials of the federal government. U.S. judges are appointed by the president, subject to confirmation by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any present Article III judge. However, Congress is able to set a lower salary for all future judges who take office after such a pay reduction is passed by Congress. |
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===Relationships between state and federal courts=== |
=== Relationships between state and federal courts === |
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Separate from, but not entirely independent of, this federal court system are the court systems of each state, each dealing with, in addition to federal law when not deemed preempted, a |
Separate from, but not entirely independent of, this federal court system are the court systems of each state, each dealing with, in addition to federal law when not deemed preempted, a state's own laws, and having its own court rules and procedures. Although state governments and the federal government are legally ''dual sovereigns'', the Supreme Court of the United States is in many cases the appellate court from the State Supreme Courts (e.g., absent the Court countenancing the applicability of the ''[[Adequate and independent state ground|doctrine of adequate and independent State grounds]]''). The [[State supreme court|Supreme Courts of each state]] are by this doctrine the final authority on the interpretation of the applicable state's laws and Constitution. Many state constitution provisions are equal in breadth to those of the U.S. Constitution, but are considered "parallel" (thus, where, for example, the [[right to privacy]] pursuant to a state constitution is broader than the federal right to privacy, and the asserted ground is explicitly held to be "independent", the question can be finally decided in a State Supreme Court—the U.S. Supreme Court will decline to take jurisdiction). |
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A State Supreme Court, other than of its own accord, is bound ''only'' by the U.S. Supreme Court's interpretation of federal law, but is ''not'' bound by interpretation of federal law by the federal court of appeals for the federal circuit in which the state is included, or even the federal district courts located in the state, a result of the ''dual sovereigns'' concept. Conversely, a federal district court hearing a matter involving only a question of state law (usually through [[diversity jurisdiction]]) must apply the substantive law of the state in which the court sits, a result of the application of the ''[[Erie Doctrine]]''; however, at the same time, the case is heard under the [[Federal Rules of Civil Procedure]], the [[Federal Rules of Criminal Procedure]] and the [[Federal Rules of Evidence]] instead of state procedural rules (that is, the application of the ''Erie Doctrine'' only extends to a requirement that a federal court asserting diversity jurisdiction apply ''substantive'' state law, but not ''procedural'' state law, which may be different). Together, the laws of the federal and state governments form [[Law of the United States|U.S. law]]. |
A State Supreme Court, other than of its own accord, is bound ''only'' by the U.S. Supreme Court's interpretation of federal law, but is ''not'' bound by interpretation of federal law by the federal court of appeals for the federal circuit in which the state is included, or even the federal district courts located in the state, a result of the ''dual sovereigns'' concept. Conversely, a federal district court hearing a matter involving only a question of state law (usually through [[diversity jurisdiction]]) must apply the substantive law of the state in which the court sits, a result of the application of the ''[[Erie Doctrine]]''; however, at the same time, the case is heard under the [[Federal Rules of Civil Procedure]], the [[Federal Rules of Criminal Procedure]] and the [[Federal Rules of Evidence]] instead of state procedural rules (that is, the application of the ''Erie Doctrine'' only extends to a requirement that a federal court asserting diversity jurisdiction apply ''substantive'' state law, but not ''procedural'' state law, which may be different). Together, the laws of the federal and state governments form [[Law of the United States|U.S. law]]. |
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== Budget == |
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{{Main| |
{{Main|United States federal budget}} |
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[[File:Federal Revenue and Spending.png|thumb|upright=1|Federal revenue and spending of the U.S. federal government as of 2021]] |
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[[File:Federal debt to Federal revenue ratio.webp|thumb|upright=1|The [[financial ratio]] of federal debt to federal revenue from 1996 through 2022]] |
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The budget document often begins with the [[President of the United States|president]]'s proposal to [[U.S. Congress|Congress]] recommending funding levels for the next [[fiscal year]], beginning October 1 and ending on September 30 of the year following. The fiscal year refers to the year in which it ends. |
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For fiscal year (FY) 2018, the federal government spent $4.11 trillion. Spending equaled 20.3% of [[gross domestic product]] (GDP), equal to the 50-year average.<ref name="CBO_Nov182">{{Cite web |url=https://www.cbo.gov/publication/54647 |title=CBO Monthly Budget Review-November 2018 |date=November 7, 2018 |access-date=December 6, 2018 |archive-date=December 5, 2018 |archive-url=https://web.archive.org/web/20181205194634/https://www.cbo.gov/publication/54647 |url-status=live }}</ref> The deficit equaled $779 billion, 3.8 percent of GDP. Tax revenue amounted to $3.33 trillion, with receipt categories including individual income taxes ($1,684B or 51%), Social Security/Social Insurance taxes ($1,171B or 35%), and corporate taxes ($205B or 6%).<ref name="CBO_Nov182"/> |
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[[Voting rights in the United States|Suffrage]], commonly known as the ability to vote, 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 mostly held only for the U.S. House of Representatives and state legislatures, although what specific bodies were elected by the electorate varied from state to state. Under this original system, both [[United States Senate|senator]]s 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 to the United States Constitution|Seventeenth Amendment]] in 1913, members of both houses of Congress have been directly elected. |
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== Employees == |
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Today, partially due to the [[Twenty-sixth Amendment to the United States Constitution|Twenty-sixth Amendment]], U.S. citizens have almost [[universal suffrage]] from the age of 18, regardless of race, gender, or wealth, and both Houses of Congress are directly elected. The only exception to this is the [[Felony disenfranchisement|disenfranchisement of convicted felons]], and in some states former felons as well. |
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{{main|United States federal civil service}} |
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The United States federal government had about 2,260,000 civilian employees in FY2023, with about 160,000 of those in the [[District of Columbia]] (not counting the [[United States Postal Service]]).<ref>{{cite web|url=https://www.fedscope.opm.gov/employment.asp |title=FedScope Federal Human Resources Data |publisher=U.S. Office of Personnel Management |access-date=March 11, 2024}}</ref> |
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== Elections and voting == |
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Under the U.S. Constitution, the national representation of territories and the federal district of [[Washington, D.C.]], in Congress is [[District of Columbia voting rights|limited]]: residents of the District of Columbia are subject to federal laws and federal taxes, but their only congressional representative is a [[Delegate (United States Congress)|non-voting delegate]]. Residents of U.S. territories have varying rights; for example, only some residents of [[Puerto Rico]] pay federal income taxes (though all residents must pay all other federal taxes, including import/export taxes, federal commodity taxes and federal [[payroll tax]]es, including [[Social Security (United States)|Social Security]] and [[Medicare (United States)|Medicare]]). All federal laws that are "not locally inapplicable" are automatically the law of the land in Puerto Rico but their current representation in the [[U.S. Congress]] is in the form of a [[Resident Commissioner of Puerto Rico|Resident Commissioner]], a nonvoting delegate.<ref>Contrary to common misconception, residents of Puerto Rico do pay U.S. federal taxes: customs taxes (which are subsequently returned to the Puerto Rico Treasury) (See [http://www.doi.gov/oia/Islandpages/prpage.htm Department of the Interior, Office of Insular Affairs.)], import/export taxes (See [http://stanford.wellsphere.com/healthcare-industry-policy-article/puerto-rico/267827 Stanford.wellsphere.com)], federal commodity taxes (See [http://stanford.wellsphere.com/healthcare-industry-policy-article/puerto-rico/267827 Stanford.wellsphere.com)], social security taxes (See [http://www.irs.gov/taxtopics/tc903.html IRS.gov), etc.] Residents pay federal [[payroll tax]]es, such as [[Social Security (United States)|Social Security]] (See [http://www.irs.gov/taxtopics/tc903.html IRS.gov)] and [[Medicare (United States)|Medicare]] (See [http://www.reuters.com/article/healthNews/idUSTRE58N5X320090924 Reuters.com)], as well as Commonwealth of Puerto Rico income taxes (See [http://www.puertorico-herald.org/issues/2003/vol7n19/USNotInnocent-en.html Puertorico-herald.com] and [http://www.htrcpa.com/businessinpr1.html HTRCPA.com).] All federal employees (See [http://www.heritage.org/research/taxes/wm2338.cfm Heritage.org)], those who do business with the federal government (See [http://www.mcvpr.com/CM/CurrentEvents/CEOsummitarticle.pdf MCVPR.com)], Puerto Rico-based corporations that intend to send funds to the U.S. (See [http://www.jct.gov/x-24-06.pdf Page 9, line 1.)], and some others (For example, Puerto Rican residents that are members of the U.S. military, See [http://www.heritage.org/research/taxes/wm2338.cfm; Heritage.org] and Puerto Rico residents who earned income from sources outside Puerto Rico, See [http://www.jct.gov/x-24-06.pdf, pp 14-15.)] also pay federal income taxes. In addition, because the cutoff point for income taxation is lower than that of the U.S. IRS code, and because the per-capita income in Puerto Rico is much lower than the average per-capita income on the mainland, more Puerto Rico residents pay income taxes to the local taxation authority than if the IRS code were applied to the island. This occurs because "the Commonwealth of Puerto Rico government has a wider set of responsibilities than do U.S. State and local governments" (See [http://www.gao.gov/products/GAO-06-541 GAO.gov).] As residents of Puerto Rico pay into Social Security, Puerto Ricans are eligible for Social Security benefits upon retirement, but are excluded from the [[Supplemental Security Income]] (SSI) (Commonwealth of Puerto Rico residents, unlike residents of the Commonwealth of the Northern Mariana Islands and residents of the 50 States, do not receive the SSI. See [http://www.socialsecurity.gov/OP_Home/handbook/handbook.21/handbook-2114.html Socialsecurity.gov)], and the island actually receives less than 15% of the [[Medicaid]] funding it would normally receive if it were a U.S. state. However, Medicare providers receive less-than-full state-like reimbursements for services rendered to beneficiaries in Puerto Rico, even though the latter paid fully into the system (See [http://www.prfaa.com/news/?p=252 p. 252).] It has also been estimated (See [http://www.eagleforum.org/column/2007/mar07/07-03-28.html) Eagleforum.org] that, because the population of the island is greater than that of 50% of the states, if it were a state, Puerto Rico would have six to eight seats in the House, in addition to the two seats in the Senate.(See [http://www.eagleforum.org/column/2007/mar07/07-03-28.html Eagleforum.org,] [http://www.crf-usa.org/bill-of-rights-in-action/bria-17-4-c.html# CRF-USA.org] and [http://www.thomas.gov/cgi-bin/cpquery/?&sid=cp1109rs5H&refer=&r_n=hr597.110 Thomas.gov] [Note that for the later, the official US Congress database website, you will need to resubmit a query. The document in question is called "House Report 110-597 - [[Puerto Rico Democracy Act#Puerto Rico Democracy Act of 2007|Puerto Rico Democracy Act of 2007]]." These are the steps to follow: [http://www.thomas.gov Thomas.gov] > Committee Reports > 110 > drop down "Word/Phrase" and pick "Report Number" > type "597" next to Report Number. This will provide the document "House Report 110-597 - [[Puerto Rico Democracy Act#Puerto Rico Democracy Act of 2007|Puerto Rico Democracy Act of 2007]]", then from the Table of Contents choose "Background and need for legislation".]). Another misconception is that the import/export taxes collected by the U.S. on products manufactured in Puerto Rico are all returned to the Puerto Rico Treasury. This is not the case. Such import/export taxes are returned ''only'' for rum products, and even then the US Treasury keeps a portion of those taxes (See the "House Report 110-597 - [[Puerto Rico Democracy Act#Puerto Rico Democracy Act of 2007|Puerto Rico Democracy Act of 2007]]" mentioned above.)</ref> |
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{{Main|Elections in the United States}} |
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[[File:Diagram of the Federal Government and American Union edit.jpg|thumb|upright=1|[[Diagram of the Federal Government and American Union]] in 1862]] |
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[[Voting rights in the United States|Suffrage]], known as the ability to vote, 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 mostly held only for the U.S. House of Representatives and state legislatures, although what specific bodies were elected by the electorate 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 to the United States Constitution|Seventeenth Amendment]] in 1913, members of both houses of Congress have been directly elected. Today, U.S. citizens have almost [[universal suffrage]] under [[Fourteenth Amendment to the United States Constitution|equal protection of the laws]] from the [[Twenty-sixth Amendment to the United States Constitution|age of 18]], regardless of [[Fifteenth Amendment to the United States Constitution|race]], [[Nineteenth Amendment to the United States Constitution|gender]], or [[Twenty-fourth Amendment to the United States Constitution|wealth]]. The only significant exception to this is the [[Felony disenfranchisement|disenfranchisement of convicted felons]], and in some states former felons as well. |
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Under the U.S. Constitution, the representation of [[Territories of the United States|U.S. territories]] and the federal district of [[District of Columbia]] in Congress is [[District of Columbia voting rights|limited]]: while residents of the District of Columbia are subject to federal laws and federal taxes, their only congressional representative is a [[Delegate (United States Congress)|non-voting delegate]]; however, they have participated in presidential elections since March 29, 1961.<ref>[[Twenty-third Amendment to the United States Constitution]]</ref> |
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==State, tribal and local governments== |
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{{Main|State governments of the United States|Tribal sovereignty in the United States|Local government in the United States}} |
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[[File:Map of USA with county outlines.png|thumb|United States|United States, showing states, divided into [[Counties of the United States|counties]] ([[List of parishes in Louisiana|parishes]] in [[Louisiana]]; [[List of boroughs and census areas in Alaska|boroughs]] in [[Alaska]]). Note that Alaska and [[Hawaii]] are shown at different scales, and that the [[Aleutian Islands]] and the [[Deserted island|uninhabited]] [[Northwestern Hawaiian Islands]] are omitted from this map.]] |
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Residents of [[Puerto Rico]] other than federal employees do not pay [[Income tax in the United States|federal personal income tax]]es on income that has its source in Puerto Rico,<ref name=Campbell>Alexia Fernández Campbell, [https://www.vox.com/policy-and-politics/2017/10/4/16385658/puerto-rico-taxes-hurricane Puerto Rico pays taxes. The US is obligated to help it just as much as Texas and Florida.] {{Webarchive|url=https://web.archive.org/web/20210416113816/https://www.vox.com/policy-and-politics/2017/10/4/16385658/puerto-rico-taxes-hurricane |date=April 16, 2021 }}, ''Vox'' (October 4, 2017).</ref><ref name=Brumbaugh>David L. Brumbaugh, [https://www.everycrsreport.com/files/20001030_RS20718_4a32936564b243cc9d9a36eb089a3b9db598cee0.pdf U.S. Federal Taxes in Puerto Rico] {{Webarchive|url=https://web.archive.org/web/20210415045818/https://www.everycrsreport.com/files/20001030_RS20718_4a32936564b243cc9d9a36eb089a3b9db598cee0.pdf |date=April 15, 2021 }}, Congressional Research Service (October 30, 2000).</ref> and do not pay most federal [[excise tax]]es (for example, the federal [[gasoline tax]]);<ref name=Brumbaugh/> however, Puerto Ricans pay all other federal taxes, including the federal [[payroll tax]]es that [[FICA tax|fund Social Security and Medicare]]; the [[Federal Unemployment Tax Act|FUTA]] tax; and business, [[gift tax|gift]], and [[estate tax]]es.<ref name=Brumbaugh/><ref name=Campbell/> Puerto Rico is represented in the Congress by a nonvoting [[Resident Commissioner of Puerto Rico|Resident Commissioner]], a nonvoting delegate.<ref>Christopher M. Davis, [https://fas.org/sgp/crs/row/R40170.pdf Parliamentary Rights of the Delegates and Resident Commissioner from Puerto Rico] {{Webarchive|url=https://web.archive.org/web/20210224205441/https://fas.org/sgp/crs/row/R40170.pdf |date=February 24, 2021 }}, Congressional Research Service (October 16, 2019).</ref> |
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The state governments tend to have the greatest influence over most Americans' daily lives. The [[Tenth Amendment to the United States Constitution]] prohibits the federal government from exercising any power not delegated to it by the States in the Constitution; as a result, states handle the majority of issues most relevant to individuals within their jurisdiction. Because state governments lack the power to print currency, they must raise revenue either through taxes or bonds. As a result, state governments tend to impose severe budget cuts at any time the economy is faltering, which are strongly felt by the public for which they are responsible.<ref>{{cite web| last = | first = | authorlink = | coauthors = | title = A brief overview of state fiscal conditions and the effects of federal policies on state budgets| work = | publisher = Center on Budget and Policy Priorities | date = 2004-05-12| url = http://www.cbpp.org/10-22-03sfp4.pdf| format = PDF| doi = | accessdate = 2008-07-30}}</ref> |
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== State, tribal, and local governments == |
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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#United States|Governor]]. Each state also has an elected [[state legislature (US)|state legislature]] ([[bicameralism]] is a feature of every state except [[Nebraska]]), whose members represent the voters of the state. Each state maintains its own [[State court (United States)|state court]] system. In some states, supreme and lower court justices are elected by the people; in others, they are appointed, as they are in the federal system. |
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{{Main|State governments of the United States|Tribal sovereignty in the United States|Local government in the United States}} |
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[[File:Map of USA with county outlines.png|thumb|upright=1|alt=United States|The states of the United States as divided into [[Counties of the United States|counties]] (or, in [[Louisiana]] and [[Alaska]], [[List of parishes in Louisiana|parishes]] and [[List of boroughs and census areas in Alaska|boroughs]], respectively). Alaska and [[Hawaii]] are not to scale and the [[Aleutian Islands|Aleutian]] and uninhabited [[Northwestern Hawaiian Islands]] have been omitted.]] |
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State governments have the greatest influence over most Americans' daily lives. The [[Tenth Amendment to the United States Constitution|Tenth Amendment]] prohibits the federal government from exercising any power not delegated to it by the Constitution; as a result, states handle the majority of issues most relevant to individuals within their jurisdiction. Because state governments are not authorized to print currency, they generally have to raise revenue through either taxes or bonds. As a result, state governments tend to impose severe budget cuts or raise taxes any time the economy is faltering.<ref>{{cite web| title = A brief overview of state fiscal conditions and the effects of federal policies on state budgets| publisher = Center on Budget and Policy Priorities| date = May 12, 2004| url = http://www.cbpp.org/10-22-03sfp4.pdf| access-date = July 30, 2008| archive-date = March 18, 2009| archive-url = https://web.archive.org/web/20090318003533/http://www.cbpp.org/10-22-03sfp4.pdf| url-status = live}}</ref> |
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Each state has its own written constitution, government and code of laws. The Constitution stipulates only that each state must have, "a Republican Government". Therefore, there are often great differences in law and procedure between individual states, concerning issues such as property, crime, health and education, amongst others. The highest elected official of each state is the [[Governor#United States|Governor]], with below him being the [[Lieutenant governor (United States)|Lieutenant Governor]]. Each state also has an elected [[state legislature (US)|state legislature]] ([[bicameralism]] is a feature of every state except [[Nebraska]]), whose members represent the voters of the state. Each state maintains its own [[State court (United States)|state court]] system. In some states, supreme and lower court justices are elected by the people; in others, they are appointed, as they are in the federal system. |
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As a result of the Supreme Court case ''[[Worcester v. Georgia]]'', [[Tribal sovereignty in the United States|Indian tribes]] are considered "domestic dependent nations" that operate as [[tribal sovereignty|sovereign]] governments subject to federal authority but, generally and where possible, outside of the influence of state governments. Hundreds of laws, executive orders and court cases have modified the governmental status of tribes [[Face-to-face|vis-à-vis]] individual states, but the two have continued to be recognized as separate bodies. 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 [[pueblo]]s). Tribal citizenship (and voting rights) is generally restricted to individuals of native descent, but tribes are free to set whatever membership requirements they wish. |
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As a result of the Supreme Court case ''[[Worcester v. Georgia]]'', [[Tribal sovereignty in the United States|American Indian tribes]] are considered "domestic dependent nations" that operate as [[tribal sovereignty|sovereign]] governments subject to federal authority but, in some cases, outside of the jurisdiction of state governments. Hundreds of laws, executive orders and court cases have modified the governmental status of tribes [[Face-to-face (philosophy)|vis-à-vis]] individual states, but the two have continued to be recognized as separate bodies. Tribal governments vary in robustness, from a simple council used to manage all aspects of tribal affairs, to large and complex bureaucracies with several branches of government. Tribes are currently encouraged to form their own governments, with power resting in elected tribal councils, elected tribal chairpersons, or religiously appointed leaders (as is the case with [[pueblo]]s). Tribal citizenship and voting rights are typically restricted to individuals of native descent, but tribes are free to set whatever citizenship requirements they wish. |
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The institutions that are responsible for local government within states 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 the keeping of animals. The highest elected official of a town or city is usually the [[Mayor#United States|mayor]]. In [[New England]], towns operate in a [[Direct democracy|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 [[Policing in the United States|law enforcement]] agencies. |
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The institutions that are responsible for local government within states are typically [[County (United States)|counties]], [[Municipality|municipalities]], and [[Special district (United States)|special-purpose districts]], which make laws that affect their particular area. These laws concern issues such as traffic, the sale of alcohol and the keeping of animals. A county is an administrative or political subdivision of a state, while [[Louisiana]] and [[Alaska]] have county-equivalent subdivisions called [[List of parishes in Louisiana|parishes]] and [[List of boroughs and census areas in Alaska|boroughs]], respectively. The specific governmental powers of counties vary widely between the states, with those in [[Connecticut]], [[Rhode Island]], and some parts of [[Alaska]] and [[Massachusetts]] having little or no power, existing only as geographic distinctions. In other areas, county governments have more power, such as to collect taxes and maintain [[Policing in the United States|law enforcement]] agencies. Twenty states further divide their counties into [[civil township]]s. Population centers may be organized into [[municipal corporation|incorporated municipalities]] of several types, including the [[city]], [[town]], [[Borough (United States)|borough]], and [[Village (United States)|village]]. These municipal entities also vary from state to state, and typically subordinate to the government of a county or civil township. However, many rural and suburban regions are in [[unincorporated area]]s that have no municipal government below the county or civil township level. Certain cities have consolidated with their county government to form [[consolidated city-county|consolidated city-counties]], or have been legally separated from counties altogether to form [[Independent city (United States)|independent cities]]. States may also create special-purpose districts that perform a single function or a set of related functions within an area inside one or more counties or municipalities, like [[school district]]s, water management districts, fire management districts, and library districts. |
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==Reception== |
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{{Expand section|date=November 2011}} |
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[[Henry J. Aaron]] of the [[Brookings Institution]] has described the U.S. government as a system "in which minority interests can marshall numerous and powerful defenses to block major changes not supported by powerful and well-mobilized majorities."<ref name="Sowing">{{cite journal |author=Aaron HJ |title=Sowing the seeds of reform in 1994 |journal=[[Health Aff (Millwood)]] |volume=13 |issue=1 |pages=57–68 |year=1994 |pmid=8188157 |doi=10.1377/hlthaff.13.1.57 |url=http://content.healthaffairs.org/content/13/1/57.long}}</ref> |
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==See also== |
== See also == |
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{{col-begin}} |
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{{Portal|Government of the United States}} |
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{{col-break}} |
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{{Wikiversity|School of Political Science}} |
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===President=== |
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{{wikiversity|Topic:American government}} |
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* [[Executive Office of the President of the United States|Executive Office]] |
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* [[Line-item veto in the United States|Line-item veto]] |
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;President |
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* [[United States Cabinet|Cabinet]] |
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* [[Executive order (United States)|Executive order]] |
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* [[United States Federal Executive Departments|Federal Executive Departments]] |
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* [[Executive Office of the President of the United States|President's Executive Office]] |
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===Courts=== |
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* [[United States bankruptcy court|Bankruptcy courts]] |
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* [[United States courts of appeals|Courts of appeals]] |
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* [[United States district court|District courts]] |
* [[United States district court|District courts]] |
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* [[United States federal courts|Federal courts]] |
* [[United States federal courts|Federal courts]] |
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* [[United States federal judicial circuits|Federal judicial circuit]] |
* [[United States federal judicial circuits|Federal judicial circuit]] |
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{{col-break}} |
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* [[United States federal judicial district|Federal judicial district]] |
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* [[Supreme Court of the United States|Supreme Court]] |
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===Law=== |
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* [[United States Constitution|Constitution]] |
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* [[List of U.S. government designations for places|Governmental designations for places]] |
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* [[United States Code|U.S. Code]] |
* [[United States Code|U.S. Code]] |
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* [[Law of the United States|U.S. Law]] |
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===Agencies=== |
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* [[List of federal agencies in the United States|Federal agencies]] |
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:''Most agencies are executive, but a few are legislative or judicial.'' |
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{{col-break}} |
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* [[List of United States federal agencies|Federal agencies]] |
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{{Portal|United States|Politics}} |
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* [[Independent agencies of the United States government|Independent agencies]] |
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===States and territories=== |
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* [[Political divisions of the United States|Political divisions]] |
* [[Political divisions of the United States|Political divisions]] |
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* [[U.S. state]]s |
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* [[United States territory|U.S. territory]] |
* [[United States territory|U.S. territory]] |
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===Works and websites=== |
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;Web site and works |
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* [[Business.gov]] |
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* [[Copyright status of work by the U.S. government]] |
* [[Copyright status of work by the U.S. government]] |
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* [[USA.gov]] |
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* [[Business.gov|U.S. Government Web Portal for Businesses]] |
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{{col-end}} |
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* [[USA.gov|U.S. Government Web Portal for Citizens]] |
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* [[Criticism of the United States government]] |
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==Notes== |
== Notes == |
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== References == |
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{{Reflist}} |
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* [http://www.usa.gov/ USA.gov] official U.S. Government portal |
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* [http://www.library.illinois.edu/doc/collections/usfederal.html United States Government], research information guide from the [[University of Illinois at Urbana-Champaign]] Library |
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* [http://ucblibraries.colorado.edu/govpubs/us/direct.htm Government Information: Directories and Manuals] web resources provided by GovPubs at the [[University of Colorado–Boulder]] Libraries |
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==Further reading== |
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* [[Fred Greenstein|Greenstein, Fred I.]]; Larry Berman; [[Alvin S. Felzenberg]]. ''Evolution of the modern presidency : a bibliographical survey'' (1977) bibliography and annotation of 2500 scholarly books and articles. [https://archive.org/details/evolutionofmoder0000gree online] 4 |
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* {{cite book |last=Wood |first=Gordon S. |title=The creation of the American Republic, 1776–1787|ref=Wood |author-link=Gordon S. Wood |publisher=Gordon S. Wood, Institute of Early American History and Culture (Williamsburg, Va.) |year=1998 |pages=653 |isbn=978-0-8078-2422-1}} |
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== External links == |
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{{Wikiquote}} |
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* {{official website}} (Portal of the U.S. Federal government of the United States) |
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[[hi:संयुक्त राज्य अमेरिका की संघीय सरकार]] |
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[[id:Pemerintah federal Amerika Serikat]] |
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[[it:Governo federale degli Stati Uniti d'America]] |
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[[he:הממשל הפדרלי של ארצות הברית]] |
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Latest revision as of 02:51, 4 December 2024
It has been suggested that Criticism of the United States government be merged into this article. (Discuss) Proposed since November 2024. |
Formation | 1789 |
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Founding document | United States Constitution |
Jurisdiction | United States |
Website | www |
Legislative branch | |
Legislature | Congress |
Meeting place | Capitol |
Executive branch | |
Leader | President |
Appointer | Electoral College |
Headquarters | White House |
Main organ | Cabinet |
Departments | 15 |
Judicial branch | |
Court | Supreme Court |
Seat | Supreme Court Building |
This article is part of a series on the |
Politics of the United States |
---|
The federal government of the United States (U.S. federal government or U.S. government)[a] is the common government of the United States, a federal republic located primarily in North America, comprising 50 states, five major self-governing territories, several island possessions, and the federal district (national capital) of Washington, D.C., where the majority of the federal government is based.
The U.S. federal government is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president, and the federal courts, respectively.[2] The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts subordinate to the U.S. Supreme Court.
In the federal division of power, the federal government shares sovereignty with each of the 50 states in their respective territories. U.S. law recognizes Indigenous tribes as possessing sovereign powers, while being subject to federal jurisdiction.
Naming
The full name of the republic is the "United States of America". No other name appears in the Constitution, and this is the name that appears on money, in treaties, and in legal cases to which the nation is a party. The terms "Government of the United States of America" or "United States Government" are often used in official documents to represent the federal government as distinct from the states collectively.
In casual conversation or writing, the term "Federal Government" is often used, and the term "U.S. Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with the federal government; for instance, the Federal Bureau of Investigation, National Oceanic and Atmospheric Administration, and National Park Service. Because the seat of government is in Washington, D.C., "Washington" is sometimes used as a metonym for the federal government.
History
The United States government is based on the principles of federalism and republicanism, in which power is shared between the federal government and state governments. The interpretation and execution of these principles, including what powers the federal government should have and how those powers can be exercised, have been debated ever since the adoption of the Constitution. Some make a case for expansive federal powers while others argue for a more limited role for the central government in relation to individuals, the states, or other recognized entities.
Since the American Civil War, the powers of the federal government have generally expanded greatly, although there have been periods since that time of legislative branch dominance (e.g., the decades immediately following the Civil War) or when states' rights proponents have succeeded in limiting federal power through legislative action, executive prerogative or by a constitutional interpretation by the courts.[3][4]
One of the theoretical pillars of the U.S. Constitution is the idea of "checks and balances" among the powers and responsibilities of the three branches of American government: the executive, the legislative, and the judiciary. For example, while the legislative branch (Congress) has the power to create law, the executive branch under the president can veto any legislation—an act which, in turn, can be overridden by Congress.[5] The president nominates judges to the nation's highest judiciary authority, the Supreme Court (as well as to lower federal courts), but those nominees must be approved by Congress. The Supreme Court, in turn, can invalidate unconstitutional laws passed by the Congress.
Legislative branch
The United States Congress, under Article I of the Constitution, is the legislative branch of the federal government. It is bicameral, comprising the House of Representatives and the Senate.
Makeup of Congress
House of Representatives
The U.S. House of Representatives is made up of 435 voting members, each of whom represents a congressional district in a state from where they were elected. Apportionment of seats among the 50 states is determined by state populations, and it is updated after each decennial U.S. Census. Each member serves a two-year term.
In order to be elected as a representative, an individual must be at least 25 years of age, must have been a U.S. citizen for at least seven years, and must live in the state that they represent.
In addition to the 435 voting members, there are six non-voting members, consisting of five delegates and one resident commissioner. There is one delegate each from Washington, D.C., Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and a resident commissioner from Puerto Rico.[6]
Unlike the U.S. Senate, all members of the U.S. House must be elected and cannot be appointed. In the case of a vacancy, the seat must be filled through a special election, as required under Article 1 of the U.S. Constitution.[7]
Senate
In contrast, the Senate is made up of two senators from each state, regardless of population. There are currently 100 senators (2 from each of the 50 states), who each serve six-year terms. Approximately one-third of the Senate stands for election every two years.
If a vacancy occurs, the state governor appoints a replacement to complete the term or to hold the office until a special election can take place.[8]
Separate powers
The House and Senate each have particular exclusive powers. For example, the Senate must approve (give "advice and consent" to) many important presidential appointments, including cabinet officers, federal judges (including nominees to the Supreme Court), department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and ambassadors to foreign countries. All legislative bills for raising revenue must originate in the House of Representatives. The approval of both chambers is required to pass all legislation, which then may only become law by being signed by the president (or, if the president vetoes the bill, both houses of Congress then re-pass the bill, but by a two-thirds majority of each chamber, in which case the bill becomes law without the president's signature). 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 Georgia, which have runoffs, and Maine and Alaska, which use ranked-choice voting.
Impeachment of federal officers
Congress has the power to remove the president, federal judges, and other federal officers from office. The House of Representatives and Senate have separate roles in this process. The House must first vote to impeach the official. Then, a trial is held in the Senate to decide whether the official should be removed from office. As of 2023[update], three presidents have been impeached: Andrew Johnson, Bill Clinton, and Donald Trump (twice). None of the three were removed from office following trial in the Senate.[9]
Congressional procedures
Article I, Section 2, paragraph 2 of the U.S. Constitution gives each chamber the power to "determine the rules of its proceedings". From this provision were created congressional committees, which do the work of drafting legislation and conducting congressional investigations into national matters. The 118th Congress (2023–2025) has 20 standing committees in the House[10] and 19 in the Senate,[11] plus 4 joint permanent committees with members from both houses overseeing the Library of Congress, printing, taxation, and the economy. In addition, each house may name special, or select, committees to study specific problems. Today, much of the congressional workload is borne by the subcommittees, of which there are around 150.
Powers of Congress
The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include the powers to levy and collect taxes; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, issue patents, create federal courts inferior to the Supreme Court, combat 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 the District of Columbia, regulate interstate commerce, and to make laws necessary to properly execute powers. Over the two centuries since the United States was formed, many disputes have arisen over the limits on the powers of the federal government. These disputes have often been the subject of lawsuits that have ultimately been decided by the United States Supreme Court.
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.[12]
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 if the president becomes disabled or if the office of the vice president falls vacant
- Informal meetings between legislators and executive officials
- Congressional membership: each state is allocated a number of seats based on its representation (or ostensible representation, in the case of D.C.) in the House of Representatives. Each state is allocated two senators regardless of its population. As of November 2023[update], the District of Columbia elects a non-voting representative to the House of Representatives along with American Samoa, the U.S. Virgin Islands, Guam, Puerto Rico, and the Northern Mariana Islands.[13]
Executive branch
President
Executive powers and duties
The executive branch is established in Article Two of the United States Constitution, which vests executive power in the president of the United States.[14][15] The president is both the head of state (performing ceremonial functions) and the head of government (the chief executive).[16] The Constitution directs the president to "take care that the laws be faithfully executed"[15] and requires the president to swear or affirm to "preserve, protect and defend the Constitution of the United States."[17] Legal scholars William P. Marshall and Saikrishna B. Prakash write of the Clause: "the President may neither breach federal law nor order their subordinates to do so, for defiance cannot be considered faithful execution. The Constitution also incorporates the English bars on dispensing or suspending the law, with some supposing that the Clause itself prohibits both."[18] Many presidential actions are undertaken via executive orders, presidential proclamations, and presidential memoranda.[19]
The president is the commander-in-chief of the armed forces.[15][20] Under the Reception Clause, the president is empowered to "receive Ambassadors and other public Ministers"; the president has broad authority to conduct foreign relations, is generally considered to have the sole power of diplomatic recognition,[15][21] and is the United States' chief diplomat,[21] although the Congress also has an important role in legislating on foreign affairs,[15][21] and can, for example, "institute a trade embargo, declare war upon a foreign government that the President had recognized, or decline to appropriate funds for an embassy in that country."[21] The president may also negotiate and sign treaties, but ratifying treaties requires the consent of two-thirds of the Senate.[22]
Article II's Appointments Clause provides that the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States" while providing that "Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."[23] These appointments delegate "by legal authority a portion of the sovereign powers of the federal government."[24]
The Constitution grants the president the "Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment"; this clemency power includes the power to issue absolute or conditional pardons, and to issue commute sentences, to remit fines, and to issue general amnesties.[25] The presidential clemency power extends only to federal crimes, and not to state crimes.[26]
The president has informal powers beyond their formal powers. For example, the president has major agenda-setting powers to influence lawmaking and policymaking,[27] and typically has a major role as the leader of their political party.[28]
Election, succession, and term limits
The president and vice president are normally elected as running mates by the Electoral College; each state has a number of electoral votes equal to the size of its Congressional delegation (i.e., its number of Representatives in the House plus its two senators). The District of Columbia has a number of electoral votes "equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State".[14][29] A President may also be seated by succession. As originally drafted, there was no limit to the time a President could serve, however the Twenty-second Amendment, ratified in 1951, originally limits any president to serving two four-year terms (8 years); the amendment specifically "caps the service of a president at 10 years" by providing that "if a person succeeds to the office of president without election and serves less than two years, he may run for two full terms; otherwise, a person succeeding to office of president can serve no more than a single elected term."[30][31]
Veto power, impeachment, and other issues
Under the Presentment Clause of Article I, a bill that passes both chambers of Congress shall be presented to the president, who may sign the bill into law or veto the bill by returning it to the chamber where it originated.[32] If the president neither signs nor vetoes a bill "within ten Days (Sundays excepted) after it shall have been presented to him" it becomes a law without the president's signature, "unless the Congress by their Adjournment prevent its Return in which Case it shall not be a Law" (called a pocket veto).[32] A presidential veto may be overridden by a two-thirds vote in both houses of Congress;[32] this occurs relatively infrequently.[33]
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, but has the power to adjourn Congress whenever the House and Senate cannot agree when to adjourn; no president has ever used this power.[18] The president also has the constitutional power to, "on extraordinary Occasions, convene both Houses, or either of them"; this power has been used "to consider nominations, war, and emergency legislation."[18] This Section invests the President with the discretion to convene Congress on "extraordinary occasions"; this special session power that has been used to call the chambers to consider urgent matters.[18]
Vice president
The vice president is the second-highest official in rank of the federal government. The vice president's duties and powers are established in the legislative branch of the federal government under Article 1, Section 3, Clauses 4 and 5 as the president of the Senate; this means that they are the designated presiding officer of the Senate. In that capacity, the vice president has the authority (ex officio, for they are not an elected member of the Senate) to cast a tie-breaking vote. Pursuant to the Twelfth Amendment, the vice president presides over the joint session of Congress when it convenes to count the vote of the Electoral College. As first in the U.S. presidential line of succession, the vice president's duties and powers move to the executive branch when becoming president upon the death, resignation, or removal of the president, which has happened nine times in U.S. history. Lastly, in the case of a Twenty-fifth Amendment succession event, the vice president would become acting president, assuming all of the powers and duties of president, except being designated as president. Accordingly, by circumstances, the Constitution designates the vice president as routinely in the legislative branch, or succeeding to the executive branch as president, or possibly being in both as acting president pursuant to the Twenty-fifth Amendment. Because of circumstances, the overlapping nature of the duties and powers attributed to the office, the title of the office and other matters, such has generated a spirited scholarly dispute regarding attaching an exclusive branch designation to the office of vice president.[34][35]
Cabinet, executive departments, and agencies
Article II, Section 2 of the Constitution sets forth the creation of a presidential Cabinet. The role of the Cabinet is to advise the president and carry out the programs and laws of the federal government. The Cabinet is composed of the vice president and the leaders of 15 executive departments. Those executive departments are the Departments of State, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security.[36]
Additionally, there are seven other members of the Cabinet who are appointed by the president. These are the White House Chief of Staff, Administrator of the Environmental Protection Agency, Director of the Office of Management & Budget, United States Trade Representative, U.S. Ambassador to the United Nations, Chairman of the Council of Economic Advisers, and Administrator of the Small Business Administration.[37]
The heads of the 15 departments are chosen by the president and approved with the "advice and consent" of the U.S. Senate. Once confirmed, these "Cabinet secretaries" serve at the pleasure of the president.
In addition to the executive departments, a number of staff organizations are grouped into the Executive Office of the President (EOP), which was created in 1939 by President Franklin D. Roosevelt.[37] The EOP is overseen by the White House Chief of Staff. The EOP includes the White House staff, the National Security Council, the Office of Management and Budget, the Council of Economic Advisers, the Council on Environmental Quality, the Office of the U.S. Trade Representative, the Office of National Drug Control Policy, and the Office of Science and Technology Policy.
Outside of the EOP and the executive departments are a number of independent agencies. These include the United States Postal Service (USPS), NASA, the Central Intelligence Agency (CIA), the Environmental Protection Agency (EPA), and the United States Agency for International Development (USAID). In addition, there are government-owned corporations, including the Federal Deposit Insurance Corporation and the National Railroad Passenger Corporation.
Judicial branch
The Judiciary, under Article III of the Constitution, explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases.
Overview of the federal judiciary
Article III section I of the Constitution establishes the Supreme Court of the United States and authorizes the United States Congress to establish inferior courts as their need shall arise. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office. Article II section II establishes that all federal judges are to be appointed by the president and confirmed by the United States Senate.
The Judiciary Act of 1789 subdivided the nation jurisdictionally into judicial districts and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress retains the power to re-organize or even abolish federal courts lower than the Supreme Court.
The U.S. Supreme Court decides cases and controversies, which include matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and, in general, 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. The United States Constitution does not specifically mention the power of judicial review, which is the power to declare a law unconstitutional. There have been instances in the past where such declarations have been ignored by the other two branches. Below the U.S. Supreme Court are the United States Courts of Appeals, and below them in turn are the United States District Courts, which are the general trial courts for federal law, and for certain controversies between litigants who are not deemed citizens of the same state, known as diversity jurisdiction.
There are three levels of federal courts with general jurisdiction, which are courts that handle both criminal and civil suits between individuals. Other courts, such as the bankruptcy courts and the U.S. Tax Court, are specialized courts handling only certain kinds of cases, known as subject matter jurisdiction. The Bankruptcy Courts are supervised by the district courts, and, as such, are not considered part of the Article III judiciary. As such, their judges do not have lifetime tenure, nor are they Constitutionally exempt from diminution of their remuneration.[38][circular reference] The Tax Court is an Article I Court, not an Article III Court.[39][circular reference]
The district courts are the trial courts wherein cases that are considered under the Judicial Code (Title 28, United States Code) consistent with the jurisdictional precepts of federal question jurisdiction, diversity jurisdiction, and pendent jurisdiction can be filed and decided. The district courts can also hear cases under removal jurisdiction, wherein a case brought in a state court meets the requirements for diversity jurisdiction, and one party litigant chooses to "remove" the case from state court to federal court.
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, and some interlocutory appeals. The U.S. Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has original jurisdiction over a few cases.
The judicial power extends to cases arising under the Constitution, an Act of Congress; a U.S. treaty; cases affecting ambassadors, ministers and consuls of foreign countries in the U.S.; cases and controversies to which the federal government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases (collectively "federal-question jurisdiction"). 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 did not 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. The interplay of the Supremacy Clause and Article III has resulted in a complex set of relationships between state and federal courts. Federal courts can sometimes hear cases arising under state law pursuant to diversity jurisdiction, state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved by federal statute to the state courts. Both court systems have exclusive jurisdiction in some areas and concurrent jurisdiction in others.
The U.S. Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"; in practice, this usually means 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, subject to confirmation by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any present Article III judge. However, Congress is able to set a lower salary for all future judges who take office after such a pay reduction is passed by Congress.
Relationships between state and federal courts
Separate from, but not entirely independent of, this federal court system are the court systems of each state, each dealing with, in addition to federal law when not deemed preempted, a state's own laws, and having its own court rules and procedures. Although state governments and the federal government are legally dual sovereigns, the Supreme Court of the United States is in many cases the appellate court from the State Supreme Courts (e.g., absent the Court countenancing the applicability of the doctrine of adequate and independent State grounds). The Supreme Courts of each state are by this doctrine the final authority on the interpretation of the applicable state's laws and Constitution. Many state constitution provisions are equal in breadth to those of the U.S. Constitution, but are considered "parallel" (thus, where, for example, the right to privacy pursuant to a state constitution is broader than the federal right to privacy, and the asserted ground is explicitly held to be "independent", the question can be finally decided in a State Supreme Court—the U.S. Supreme Court will decline to take jurisdiction).
A State Supreme Court, other than of its own accord, is bound only by the U.S. Supreme Court's interpretation of federal law, but is not bound by interpretation of federal law by the federal court of appeals for the federal circuit in which the state is included, or even the federal district courts located in the state, a result of the dual sovereigns concept. Conversely, a federal district court hearing a matter involving only a question of state law (usually through diversity jurisdiction) must apply the substantive law of the state in which the court sits, a result of the application of the Erie Doctrine; however, at the same time, the case is heard under the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure and the Federal Rules of Evidence instead of state procedural rules (that is, the application of the Erie Doctrine only extends to a requirement that a federal court asserting diversity jurisdiction apply substantive state law, but not procedural state law, which may be different). Together, the laws of the federal and state governments form U.S. law.
Budget
The budget document often begins with the president's proposal to Congress recommending funding levels for the next fiscal year, beginning October 1 and ending on September 30 of the year following. The fiscal year refers to the year in which it ends.
For fiscal year (FY) 2018, the federal government spent $4.11 trillion. Spending equaled 20.3% of gross domestic product (GDP), equal to the 50-year average.[40] The deficit equaled $779 billion, 3.8 percent of GDP. Tax revenue amounted to $3.33 trillion, with receipt categories including individual income taxes ($1,684B or 51%), Social Security/Social Insurance taxes ($1,171B or 35%), and corporate taxes ($205B or 6%).[40]
Employees
The United States federal government had about 2,260,000 civilian employees in FY2023, with about 160,000 of those in the District of Columbia (not counting the United States Postal Service).[41]
Elections and voting
Suffrage, known as the ability to vote, 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 mostly held only for the U.S. House of Representatives and state legislatures, although what specific bodies were elected by the electorate 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, U.S. citizens have almost universal suffrage under equal protection of the laws from the age of 18, regardless of race, gender, or wealth. The only significant exception to this is the disenfranchisement of convicted felons, and in some states former felons as well.
Under the U.S. Constitution, the representation of U.S. territories and the federal district of District of Columbia in Congress is limited: while residents of the District of Columbia are subject to federal laws and federal taxes, their only congressional representative is a non-voting delegate; however, they have participated in presidential elections since March 29, 1961.[42]
Residents of Puerto Rico other than federal employees do not pay federal personal income taxes on income that has its source in Puerto Rico,[43][44] and do not pay most federal excise taxes (for example, the federal gasoline tax);[44] however, Puerto Ricans pay all other federal taxes, including the federal payroll taxes that fund Social Security and Medicare; the FUTA tax; and business, gift, and estate taxes.[44][43] Puerto Rico is represented in the Congress by a nonvoting Resident Commissioner, a nonvoting delegate.[45]
State, tribal, and local governments
State governments have the greatest influence over most Americans' daily lives. The Tenth Amendment prohibits the federal government from exercising any power not delegated to it by the Constitution; as a result, states handle the majority of issues most relevant to individuals within their jurisdiction. Because state governments are not authorized to print currency, they generally have to raise revenue through either taxes or bonds. As a result, state governments tend to impose severe budget cuts or raise taxes any time the economy is faltering.[46]
Each state has its own written constitution, government and code of laws. The Constitution stipulates only that each state must have, "a Republican Government". Therefore, there are often great differences in law and procedure between individual states, concerning issues such as property, crime, health and education, amongst others. The highest elected official of each state is the Governor, with below him being the Lieutenant Governor. Each state also has an elected state legislature (bicameralism is a feature of 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 are appointed, as they are in the federal system.
As a result of the Supreme Court case Worcester v. Georgia, American Indian tribes are considered "domestic dependent nations" that operate as sovereign governments subject to federal authority but, in some cases, outside of the jurisdiction of state governments. Hundreds of laws, executive orders and court cases have modified the governmental status of tribes vis-à-vis individual states, but the two have continued to be recognized as separate bodies. Tribal governments vary in robustness, from a simple council used to manage all aspects of tribal affairs, to large and complex bureaucracies with several branches of government. Tribes are currently encouraged 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 are typically restricted to individuals of native descent, but tribes are free to set whatever citizenship requirements they wish.
The institutions that are responsible for local government within states are typically counties, municipalities, and special-purpose districts, which make laws that affect their particular area. These laws concern issues such as traffic, the sale of alcohol and the keeping of animals. A county is an administrative or political subdivision of a state, while Louisiana and Alaska have county-equivalent subdivisions called parishes and boroughs, respectively. The specific governmental powers of counties vary widely between the states, with those in Connecticut, Rhode Island, and some parts of Alaska and Massachusetts having 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. Twenty states further divide their counties into civil townships. Population centers may be organized into incorporated municipalities of several types, including the city, town, borough, and village. These municipal entities also vary from state to state, and typically subordinate to the government of a county or civil township. However, many rural and suburban regions are in unincorporated areas that have no municipal government below the county or civil township level. Certain cities have consolidated with their county government to form consolidated city-counties, or have been legally separated from counties altogether to form independent cities. States may also create special-purpose districts that perform a single function or a set of related functions within an area inside one or more counties or municipalities, like school districts, water management districts, fire management districts, and library districts.
See also
PresidentCourts |
LawAgencies |
States and territoriesWorks and websites
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Notes
- ^ The U.S. Government Publishing Office specifies the capitalization of Federal Government, in regards to the national government of the United States, as a proper noun.[1]
References
- ^ "3" (PDF). U.S. Government Publishing Office Style Manual (2016 ed.). U.S. Government Publishing Office. 2016. p. 32. ISBN 978-0-16-093601-2. Archived (PDF) from the original on July 29, 2018. Retrieved July 29, 2018.
- ^ "Government structure". USAFacts. Retrieved February 10, 2024.
- ^ Ford, Henry Jones (1908). "The Influence of State Politics in Expanding Federal Power". Proceedings of the American Political Science Association. 5: 53–63. doi:10.2307/3038511. JSTOR 3038511.
- ^ Judge: Governor must OK Guard unit closure
- ^ "The Legislative Branch". whitehouse.gov. Archived from the original on January 29, 2022. Retrieved January 20, 2013 – via National Archives.
- ^ "Member Web Site Listing (by State)". U.S. House. Archived from the original on August 28, 2008. Retrieved August 17, 2008.
- ^ "Article I. Constitution of the United States of America". Illinois General Assembly. Retrieved February 23, 2023.
- ^ "Appointed Senators (1913-Present)". United States Senate. Retrieved February 23, 2023.
- ^ "Trump impeachment: A very simple guide". BBC News. December 19, 2019. Archived from the original on December 19, 2019. Retrieved February 11, 2022.
- ^ "Committees". house.gov. Retrieved November 23, 2023.
- ^ "Committees". U.S. Senate. Retrieved November 23, 2023.
- ^ Kaiser, Frederick M. (January 3, 2006). "Congressional Oversight" (PDF). Congressional Research Service. Archived (PDF) from the original on July 25, 2008. Retrieved July 30, 2008.
- ^ "Directory of Representatives". house.gov. Retrieved November 23, 2023.
- ^ a b "Constitution of the United States of America". 1787. Article II – via Wikisource.
- ^ a b c d e "Nature and Scope of Presidential Power". U.S. Constitution Annotated. Congressional Research Service. Archived from the original on January 23, 2021. Retrieved February 15, 2021 – via Cornell Law School, Legal Information Institute.
- ^ Daniel W. Drezner (August 4, 2019). "America's head of state, M.I.A." Washington Post. Archived from the original on December 16, 2020. Retrieved February 15, 2021.
- ^ "Article 2, Section I, Clause 8: Oath of Office". U.S. Constitution Annotated. Congressional Research Service. Archived from the original on February 10, 2021. Retrieved February 15, 2021 – via Cornell Law School, Legal Information Institute.
- ^ a b c d William P. Marshall & Saikrishna B. Prakash, Article II, Section 3: Common Interpretation Archived February 17, 2021, at the Wayback Machine, National Constitution Center (2021).
- ^ "Executive Order, Proclamation, or Executive Memorandum?". Executive Orders: A Beginner's Guide. Library of Congress Research Guide. 2020. Archived from the original on February 7, 2021. Retrieved February 15, 2021.
- ^ "ArtII.S2.C1.1.2 Commander in Chief Power: Doctrine and Practice". Constitution of the United States of America: Analysis and Interpretation. Congressional Research Service. Archived from the original on January 6, 2021. Retrieved February 15, 2021.
- ^ a b c d Wilfred E. Binkley (1959). The Man in the White House: His Powers and Duties (paperback 2009 ed.). Johns Hopkins University Press. pp. 247–57.
- ^ "ArtII.S2.C2.1 The Treaty Making Power". Constitution of the United States of America: Analysis and Interpretation. Congressional Research Service. Archived from the original on January 31, 2021. Retrieved February 15, 2021.
- ^ "ArtII.S2.C2.2.1.1 Appointing Ambassadors, Ministers, and Consuls". Constitution of the United States of America: Analysis and Interpretation. Congressional Research Service. Archived from the original on February 27, 2021. Retrieved February 15, 2021.
- ^ Steven G. Bradbury (April 16, 2007). Offices of the United States Within the Meaning of the Appointments Clause (PDF). United States Department of Justice Office of Legal Counsel. Archived (PDF) from the original on February 21, 2021. Retrieved February 15, 2021.
- ^ "ArtII.S2.C1.3.1.1 Scope of the Pardon Power". Constitution of the United States of America: Analysis and Interpretation. Congressional Research Service. Archived from the original on January 27, 2021. Retrieved February 15, 2021.
- ^ Lauren-Brooke Eisen, Hernandez Stroud & Josh Bell (January 9, 2021). "Explainer: Presidential Pardon Power Explained". Brennan Center for Justice. Archived from the original on February 3, 2021. Retrieved February 15, 2021.
- ^ Paul E. Rutledge; Heather A. Larsen (August 2014). "The President as Agenda Setter-in-Chief: The Dynamics of Congressional and Presidential Agenda Setting". Policy Studies Journal. 42 (3): 443–464. doi:10.1111/psj.12068.
- ^ James W. Davis (1992). The President as Party Leader. Praeger.
- ^ Wikisource. – via
- ^ Wikisource. – via
- ^ Michael Levy, Twenty-second Amendment: United States Constitution Archived April 16, 2021, at the Wayback Machine, Encyclopædia Britannica (2010).
- ^ a b c "U.S. Constitution, Article I, Section 7, Clauses 1–3: The Legislative Process". Legal Information Institute. Archived from the original on January 22, 2021. Retrieved February 15, 2021.
- ^ "Presidential Vetoes: Washington to Biden". American Presidency Project. University of California, Santa Barbara. January 8, 2021. Archived from the original on February 27, 2021. Retrieved February 15, 2021.
- ^ Goldstein, Joel K. (1995). "The New Constitutional Vice Presidency". Wake Forest Law Review. 30 (505).
- ^ Reynolds, Glenn Harlan (2007). "Is Dick Cheney Unconstitutional?". Northwestern University Law Review Colloquy. 102 (110).
- ^ "The Cabinet". whitehouse.gov. December 9, 2014. Retrieved March 1, 2023.
- ^ a b "The Executive Branch". The White House. Retrieved March 1, 2023.
- ^ Federal tribunals in the United States
- ^ United States Tax Court
- ^ a b "CBO Monthly Budget Review-November 2018". November 7, 2018. Archived from the original on December 5, 2018. Retrieved December 6, 2018.
- ^ "FedScope Federal Human Resources Data". U.S. Office of Personnel Management. Retrieved March 11, 2024.
- ^ Twenty-third Amendment to the United States Constitution
- ^ a b Alexia Fernández Campbell, Puerto Rico pays taxes. The US is obligated to help it just as much as Texas and Florida. Archived April 16, 2021, at the Wayback Machine, Vox (October 4, 2017).
- ^ a b c David L. Brumbaugh, U.S. Federal Taxes in Puerto Rico Archived April 15, 2021, at the Wayback Machine, Congressional Research Service (October 30, 2000).
- ^ Christopher M. Davis, Parliamentary Rights of the Delegates and Resident Commissioner from Puerto Rico Archived February 24, 2021, at the Wayback Machine, Congressional Research Service (October 16, 2019).
- ^ "A brief overview of state fiscal conditions and the effects of federal policies on state budgets" (PDF). Center on Budget and Policy Priorities. May 12, 2004. Archived (PDF) from the original on March 18, 2009. Retrieved July 30, 2008.
Further reading
- Greenstein, Fred I.; Larry Berman; Alvin S. Felzenberg. Evolution of the modern presidency : a bibliographical survey (1977) bibliography and annotation of 2500 scholarly books and articles. online 4
- Wood, Gordon S. (1998). The creation of the American Republic, 1776–1787. Gordon S. Wood, Institute of Early American History and Culture (Williamsburg, Va.). p. 653. ISBN 978-0-8078-2422-1.
External links
- Official website (Portal of the U.S. Federal government of the United States)