The American Government
Created | Updated Jul 9, 2003
The American system of government is a confusing one, and this has probably been done on purpose. Luckily, a middle-classed person has finally figured it out, and will explain it as best he can for the reader. We'll start at the Federal level, then State level, and then the Local level...
The Federal American government is comprised of three branches: The Legislative branch, the Executive branch, and the Judicial branch. Each of these branches has certain powers that can overthrow decisions made by the others. This is known as the system of checks and balances.
THE FEDERAL GOVERNMENT
THE LEGISLATIVE BRANCH
The Legislative branch (A.K.A Congress) is further divided into two seperate sections, the Senate, and the House of Representatives. It is important to note now why there are two divisions in the Legislative branch, and to do so we go back to when the United States was but a fledgling of a nation.
When developing the Legislative branch, some people thought that every state should have the same number of representatives in Congress, and some thought that states with a higher population should have more representatives. They eventually compromised and formed two such houses; the Senate, where in every state has the same number (two) of representatives, and the House of Representatives, where in a state's population is the determining factor in the number of representatives that state sends to Washington D.C.
POWERS OF CONGRESS
Each branch of Congress has the power to introduce bills and make laws, except for revenue laws, which MUST originate in the House of Representatives. While this might make the less populated states seem weaker, those in the Senate are able to vote against, and even amend bills brought up by the House of Representatives. The House of Representatives also has the power to bring about charges of misconduct, which can lead to an impeachment (removal from office) trial.
The Senate has its own special powers as well. The Senate members can vote to allow or disallow Presidential (see THE EXECUTIVE BRANCH) appointments for high level positions or ambassadors, in addition to the power to ratify treaties, but only if a two-thirds majority vote occurs. The Senate also has the sole power to try impeachment cases.
As for the powers of Congress in general, they are (as told in the 8th section of the 1st article of the American Constitution):
- 1)The ability to levy and collect taxes,
- 2)The ability to borrow money for the public treasury,
- 3)The ability to make rules concerning domestic and international business,
- 4)The ability to make rules concerning the naturalization of foreign citizens,
- 5)The ability to coin money, set it's value, and provide punishment for counterfeiting,
- 6)The ability to set the standards for weights and measures,
- 7)The ability to establish bankruptcy laws for the country,
- 8)The ability to build post offices and post roads,
- 9)The ability to issue patents/copyrights,
- 10)The ability to punish piracy,
- 11)The ability to declare war,
- 12)The ability to raise and support armies,
- 13)To provide for a navy,
- 14)To call out militia to enforce federal laws, suppress lawlessness, or to repel foreign invaders,
- 15)The ability to make all laws for the District of Columbia, and
- 16)The ability to make all laws necessary to enforce the Constitution.
Today, many of these are unnecessary (Washington D.C is self-governing, really), but they remain in effect for historical sake. In addition to powers granted to Congress, they also have acts that they are forbidden to do by the 10th Amendment of the Bill of Rights:
- 1)They are forbidden from suspending the writ of "habeas corpus", unless necessary in time of rebellion or invasion(The writ of habeas corpus, which literally means "You may have the body," says that any person held prisoner must be given a lawful reason why they are being incarcerated. Said person also has the right to write their state or federal government to receive an answer.).
- 2)Passing laws that condemn persons or individuals for crimes or unlawful acts without a fair trial.
- 3)Passing any law that retroactively makes any specific act a crime.
- 4)Levying direct taxes on citizens, except on the basis of a census already taken.
- 5)Taxing exports from any individual state.
- 6)Giving special favorable treatment in commerce or taxation to seaports of any state or to the vessels using them, and
- 7)Declaring any titles of nobility.
One final note on the legislative branch -- it is important to realize that one branch is NOT superior to the other. Apart from the special powers held by the houses, they are equal in every way.
THE EXECUTIVE BRANCH
The Executive branch is headed by the President of the United States. The President is often responsible for the image of the United States in the world's eye, as his actions are invariably unpopular with some person(s), special-interest group(s), or nation(s).
POWERS OF THE PRESIDENT
The President has some legislative power, even though the Constitution states that "all legislative powers" shall be vested in Congress. The President can veto any bill passed by Congress, and unless both the Senate and House of Representatives votes with a two-thirds majority to overrule the veto, the bill does not become a law. Many laws in Congress, however, are drafted at the Executive branch's decision. The President is allowed to propose legislation that he feels to be necessary at a meeting between the Legislative and Executive branches through annual and special messages. Should Congress decide not to act on the President's proposals, the President can call the bill into Special Session. Moreover, the President is in a very important spotlight, and thusly able to influence public opinion quite easily. Public opinion is quite important to politicians, so the President essentially forces Congress to act on his ideas. In order to keep this from even occuring, past Presidents have set up Congressional Liason Offices to influence politicians in Congress and to persuade them to support administration policies.
The President also has a few judicial powers, namely the ability to appoint public officials (especially Supreme Court judges, see THE JUDICIAL BRANCH)and the ability to grant a full or conditional pardon to anyone convicted of breaking a federal law -- Except in cases of impeachment. Past Presidents have used this power mainly to shorten prison sentences and reduce fines.
In the Executive branch itself, the President is quite powerful. S/he manages national affairs and the workings of the government itself. The president can issue rules, regulations, and restrictions known as Executive Orders, which are basically laws to federal agencies. The President is also the Commander-in-Chief of the Armed Forces, and as such can call state units of the National Guard into federal service. In times of war or national emergency, Congress may grant the President even greater power to manage the economy or protect the security of America.
The President also chooses the cabinet directors of all executive departments and agencies, as well as hundreds of other high-ranking officials. The majority of federal employees, however, are selected through the Civil Service system, where in positions and promotions are based on experience and ability.
The President is also responsible for foreign affairs. He appoints ambassadors, consuls, and ministers, who are in turn accepted (or rejected) by Congress. The President also receives foreign dignitaries and other public officials. The President is the person sent to meeting of heads of state, such as the G8 summit.
Through the Department of the State, the President is also responsible for the protection of Americans abroad and foreigners in the United States. The President decides whether to recognize a new country or government, and negotiates treaties with other countries, which are then voted on by Congress. The President may also negotiate "executive agreements" that are not required to be passed by Congress.
THE JUDICIAL BRANCH
The Judicial branch consists of a system of courts spread throughout the country, which is headed by the Supreme Court.
The 3rd Article of the Constitution lays down the basis for the American court system:
"The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish."
Using this as a guide, the United States has divided it's court system into districts, and appointed federal courts for each district. The modern structure includes the Supreme Court, 11 court of appeals, 91 district courts, and three courts of special jurisdiction. Today, Congress has the power to create and end federal courts, and determine the number of judges in the federal judicial system. Congress cannot abolish the Supreme Court, naturally.
This "chain of jurisdiction", to coin a phrase, goes all the way through to the local courts. If a local case is appealed or ends in mistrial, it can go to a state court or state Supreme Court. If a state case is appealed or ends in mistrial, it can go to a Court of Appeals or District Court. If a Court of Appeals or District Court case is appealed, it will go either to a federal court, or the U.S. Supreme Court.
Judicial power extends to all cases arising under the Constitution, laws and treaties of the United States, admirality and maritime cases, cases affecting ambassadors, consuls and ministers of foreign countries in the United States, controversies where in the United States Government plays a part, and controversies between states and any foreign nation. The 11th Amendment to the Constitution removed judicial power over cases where in citizen of one state is the plaintiff and the government of another state is the defendant.
The power of the federal courts applies both to civil actions for damages and redress, and to criminal cases arising from federal law. The third Article of the Constitution has made the line between state and federal jurisdiction quite blurry. Typically, federal courts do not hear cases arising under state laws. Some cases that are in the jurisdiction of federal courts may be heard by state courts, however. Both court systems have exclusive power in some areas, and concurrent jurisdiction in others.
The Constitution defends the independence of federal court judges by stating that they shall hold office "during good behavior". Basically, they're in for life until they either die, or retire/resign. Federal judges may also be impeached, as though they were any other member of the federal government. Judges are selected by the President, and approved (or rejected) by Congress. Congress also determines the judge's salaries.
THE STATE GOVERNMENTS
The individual state governments are almost the exact same, except that their power is only good in their own state, and in the Executive branch, the leader is known as the Governor, not the President. A state's legislature may or may not have two houses. State laws are typically stricter than Federal laws as they have to be sure that their laws do not contradict Federal law.
THE LOCAL GOVERNMENTS
Again, the local governments are almost the exact same, save that their power is only good in the city/town they are in, and the leader of the Executive branch is typically called a Mayor. Local governments tend to use a council of some sort to pass laws and write legislature, which is then usually voted on by city/town members in a town meeting. Town meetings are held usually weekly or bimonthly, it varies from city to city. City/town laws are much stricter than Federal laws as they not only have to correlate with Federal laws, but must also coincide with State laws.