Federal government of the United States

Last updated

United States Federal Government
Greater coat of arms of the United States.svg
Coat of arms
Formation1789;235 years ago (1789)
Founding document United States Constitution
JurisdictionUnited States
Website www.usa.gov
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

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.

Contents

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

A diagram of the political system of the United States Political System of the United States.svg
A diagram of the political system of the United States

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

Seal of the United States Congress Seal of the United States Congress.svg
Seal of the United States Congress

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 435 seats of the U.S. House of Representatives grouped by state USHouseStructure2012-2022 SeatsByState.png
The 435 seats of the U.S. House of Representatives grouped by state

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, 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 United States Capitol, the seat of government for Congress, the legislative branch of the U.S. government United States Capitol - west front.jpg
The United States Capitol, the seat of government for Congress, the legislative branch of the U.S. government

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, 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

Joe Biden presidential portrait (cropped).jpg
Joe Biden
46th president
Kamala Harris Vice Presidential Portrait (cropped).jpg
Kamala Harris
49th vice president
since January 20, 2021

President

The seal of the president of the United States Seal Of The President Of The United States Of America.svg
The seal of the president of the United States
The White House includes the office of the U.S. president, known as the Oval Office, and the offices of key presidential advisors and staff. The White House at night, 2011.jpg
The White House includes the office of the U.S. president, known as the Oval Office, and the offices of key presidential advisors and staff.

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

Uncle Sam, a common personification of the U.S. federal government, depicted in an early 20th century illustration Uncle Sam (pointing finger).png
Uncle Sam, a common personification of the U.S. federal government, depicted in an early 20th century illustration

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

Seal of the vice president of the United States Seal of the Vice President of the United States.svg
Seal of the vice president of the United States

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

Seal of the U.S. Supreme Court Seal of the United States Supreme Court.svg
Seal of the U.S. Supreme Court

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

Federal revenue and spending of the U.S. federal government as of 2021 Federal Revenue and Spending.png
Federal revenue and spending of the U.S. federal government as of 2021
The financial ratio of federal debt to federal revenue from 1996 through 2022 Federal debt to Federal revenue ratio.webp
The financial ratio of federal debt to federal revenue from 1996 through 2022

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

Diagram of the Federal Government and American Union in 1862 Diagram of the Federal Government and American Union edit.jpg
Diagram of the Federal Government and American Union in 1862

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

The states of the United States as divided into counties (or, in Louisiana and Alaska, parishes and boroughs, respectively). Alaska and Hawaii are not to scale and the Aleutian and uninhabited Northwestern Hawaiian Islands have been omitted. Map of USA with county outlines.png
The states of the United States as divided into counties (or, in Louisiana and Alaska, parishes and boroughs, respectively). Alaska and Hawaii are not to scale and the Aleutian and uninhabited Northwestern Hawaiian Islands have been omitted.

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

Notes

  1. ↑ 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]

Related Research Articles

<span class="mw-page-title-main">Constitution of the United States</span> Supreme law of the US since 1789

The Constitution of the United States is the supreme law of the United States. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the president and subordinate officers ; and the judicial, consisting of the Supreme Court and other federal courts. Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world.

<span class="mw-page-title-main">Article One of the United States Constitution</span> Portion of the US Constitution regarding Congress

Article One of the Constitution of the United States establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.

<span class="mw-page-title-main">Article Two of the United States Constitution</span> Portion of the US Constitution regarding the executive branch

Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.

United States v. Klein, 80 U.S. 128 (1871), was a landmark United States Supreme Court case stemming from the American Civil War (1861–1865) where Chief Justice Salmon P. Chase held that a Congressional statute "impairing the effect of a pardon, and thus infringing the constitutional power of the Executive" and was unconstitutional.

<span class="mw-page-title-main">Tribal sovereignty in the United States</span> Type of political status of Native Americans

Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States.

<span class="mw-page-title-main">Separation of powers under the United States Constitution</span>

Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined authority to check the powers of the others. This philosophy heavily influenced the United States Constitution, according to which the Legislative, Executive, and Judicial branches of the United States government are kept distinct in order to prevent abuse of power. The American form of separation of powers is associated with a system of checks and balances.

The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.

The powers of the president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency.

Congressional oversight is oversight by the United States Congress over the executive branch, including the numerous U.S. federal agencies. Congressional oversight includes the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. Congress exercises this power largely through its congressional committee system. Oversight also occurs in a wide variety of congressional activities and contexts. These include authorization, appropriations, investigative, and legislative hearings by standing committees; which is specialized investigations by select committees; and reviews and studies by congressional support agencies and staff.

In the United States, state governments are institutional units exercising functions of government at a level below that of the federal government. Each U.S. state's government holds legislative, executive, and judicial authority over a defined geographic territory. The United States comprises 50 states: 9 of the Thirteen Colonies that were already part of the United States at the time the Constitution took effect in 1789, 4 that ratified the Constitution after its commencement, plus 37 that have been admitted since by Congress as authorized under Article IV, Section 3 of the Constitution.

The Treaty Clause of the United States Constitution establishes the procedure for ratifying international agreements. It empowers the President as the primary negotiator of agreements between the United States and other countries, and holds that the advice and consent of a two-thirds supermajority of the Senate renders a treaty binding with the force of federal law.

<span class="mw-page-title-main">Government of Kansas</span>

The government of the U.S. state of Kansas, established by the Kansas Constitution, is a republican democracy modeled after the Federal Government of the United States. The state government has three branches: the executive, the legislative, and the judicial. Through a system of separation of powers, or "checks and balances," each of these branches has some authority to act on its own, and also some authority to regulate the other two branches, so that all three branches can limit and balance the others' authority.

<span class="mw-page-title-main">U.S. state</span> Constituent polity of the United States

In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders.

<span class="mw-page-title-main">Federal government of Mexico</span>

The Federal Government of Mexico is the national government of the United Mexican States, the central government established by its constitution to share sovereignty over the republic with the governments of the 31 individual Mexican states, and to represent such governments before international bodies such as the United Nations.

<span class="mw-page-title-main">Powers of the United States Congress</span>

Powers of the United States Congress are implemented by the United States Constitution, defined by rulings of the Supreme Court, and by its own efforts and by other factors such as history and custom. It is the chief legislative body of the United States. Some powers are explicitly defined by the Constitution and are called enumerated powers; others have been assumed to exist and are called implied powers.

The U.S. Congress in relation to the president and Supreme Court has the role of chief legislative body of the United States. However, the Founding Fathers of the United States built a system in which three powerful branches of the government, using a series of checks and balances, could limit each other's power. As a result, it helps to understand how the United States Congress interacts with the presidency as well as the Supreme Court to understand how it operates as a group.

The Federal Government of Brazil is the national government of the Federative Republic of Brazil, a republic in South America divided into 26 states and a federal district. The Brazilian federal government is divided into three branches: the executive, which is headed by the President and the cabinet; the legislative, whose powers are vested by the Constitution in the National Congress; and the judiciary, whose powers are vested in nine organs, including the Supreme Federal Court and lower federal courts. The seat of the federal government is located in Brasília.

The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States.

An officer of the United States is a functionary of the executive or judicial branches of the federal government of the United States to whom is delegated some part of the country's sovereign power. The term officer of the United States is not a title, but a term of classification for a certain type of official.

<span class="mw-page-title-main">Glossary of American politics</span> List of political jargon and technical terms used in the United States

This glossary of American politics defines terms and phrases used in politics in the United States. The list includes terms specific to U.S. political systems, as well as concepts and ideologies that occur in other political systems but which nonetheless are frequently encountered in American politics.

References

  1. ↑ "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.
  2. ↑ "Government structure". USAFacts. Retrieved February 10, 2024.
  3. ↑ 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.
  4. ↑ Judge Rules Favorably in Pennsylvania BRAC Suit (Associated Press, August 26) [ permanent dead link ]
  5. ↑ "The Legislative Branch". whitehouse.gov . Archived from the original on January 29, 2022. Retrieved January 20, 2013– via National Archives.
  6. ↑ "Member Web Site Listing (by State)". U.S. House. Archived from the original on August 28, 2008. Retrieved August 17, 2008.
  7. ↑ "Article I. Constitution of the United States of America". Illinois General Assembly. Retrieved February 23, 2023.
  8. ↑ "Appointed Senators (1913-Present)". United States Senate. Retrieved February 23, 2023.
  9. ↑ "Trump impeachment: A very simple guide". BBC News . December 19, 2019. Archived from the original on December 19, 2019. Retrieved February 11, 2022.
  10. ↑ "Committees". house.gov. Retrieved November 23, 2023.
  11. ↑ "Committees". U.S. Senate. Retrieved November 23, 2023.
  12. ↑ 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.
  13. ↑ "Directory of Representatives". house.gov. Retrieved November 23, 2023.
  14. 1 2 "Constitution of the United States of America". 1787. Article II – via Wikisource.
  15. 1 2 3 4 5 "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.
  16. ↑ 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.
  17. ↑ "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.
  18. 1 2 3 4 William P. Marshall & Saikrishna B. Prakash, Article II, Section 3: Common Interpretation Archived February 17, 2021, at the Wayback Machine , National Constitution Center (2021).
  19. ↑ "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.
  20. ↑ "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.
  21. 1 2 3 4 Wilfred E. Binkley (1959). The Man in the White House: His Powers and Duties (paperback 2009 ed.). Johns Hopkins University Press. pp. 247–57.
  22. ↑ "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.
  23. ↑ "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.
  24. ↑ 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.
  25. ↑ "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.
  26. ↑ 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.
  27. ↑ 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 .
  28. ↑ James W. Davis (1992). The President as Party Leader. Praeger.
  29. ↑ 23rd Amendment to the United States Constitution  – via Wikisource.
  30. ↑ Twenty-second Amendment to the United States Constitution  – via Wikisource.
  31. ↑ Michael Levy, Twenty-second Amendment: United States Constitution Archived April 16, 2021, at the Wayback Machine , Encyclopædia Britannica (2010).
  32. 1 2 3 "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.
  33. ↑ "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.
  34. ↑ Goldstein, Joel K. (1995). "The New Constitutional Vice Presidency". Wake Forest Law Review. 30 (505).
  35. ↑ Reynolds, Glenn Harlan (2007). "Is Dick Cheney Unconstitutional?". Northwestern University Law Review Colloquy. 102 (110).
  36. ↑ "The Cabinet". whitehouse.gov. December 9, 2014. Retrieved March 1, 2023.
  37. 1 2 "The Executive Branch". The White House. Retrieved March 1, 2023.
  38. ↑ Federal tribunals in the United States
  39. ↑ United States Tax Court
  40. 1 2 "CBO Monthly Budget Review-November 2018". November 7, 2018. Archived from the original on December 5, 2018. Retrieved December 6, 2018.
  41. ↑ "FedScope Federal Human Resources Data". U.S. Office of Personnel Management. Retrieved March 11, 2024.
  42. ↑ Twenty-third Amendment to the United States Constitution
  43. 1 2 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).
  44. 1 2 3 David L. Brumbaugh, U.S. Federal Taxes in Puerto Rico Archived April 15, 2021, at the Wayback Machine , Congressional Research Service (October 30, 2000).
  45. ↑ 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).
  46. ↑ "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

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.