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Federal government of the United States

The federal government of the United States (U.S. federal government or U.S. government)[a] is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a federal district (the city of Washington in the District of Columbia, where most of the federal government is based), five major self-governing territories and several island possessions. The federal government, sometimes simply referred to as Washington, 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. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court.

United States federal government
Formation1789; 234 years ago (1789)
Founding documentUnited States Constitution
JurisdictionUnited States of America
Websitewww.usa.gov
Legislative branch
LegislatureCongress
Meeting placeCapitol
Executive branch
LeaderPresident
AppointerElectoral College
HeadquartersThe White House
Main organCabinet
Departments15
Judicial branch
CourtSupreme Court
SeatSupreme Court Building

Naming

 
Political system of the United States

The full name of the republic is "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 it is a party (e.g. Charles T. Schenck v. United States). 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 "National Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with the federal government (e.g. Federal Bureau of Investigation, National Oceanic and Atmospheric Administration, National Park Service). Because the seat of government is in Washington, D.C., "Washington" is commonly 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 national 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.[2][3]

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.[4] The president nominates judges to the nation's highest judiciary authority, the Supreme Court, but those nominees must be approved by Congress. The Supreme Court, in turn, can invalidate unconstitutional laws passed by the Congress. These and other examples are examined in more detail in the text below.

Legislative branch

 
Seal of the U.S. 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 House grouped by state

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, must have been a U.S. citizen for at least seven years, and must live in the state that they represent. There is no limit on the number of terms a representative may serve. In addition to the 435 voting members, there are 6 non-voting members, consisting of 5 delegates and one resident commissioner. There is one delegate each from the District of Columbia, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands, and the resident commissioner from Puerto Rico.[5]

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.

Different 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 2022, three presidents have been impeached by the House of Representatives: Andrew Johnson, Bill Clinton, and Donald Trump (twice). None of the three were removed from office following trial in the Senate.[6]

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 108th Congress (2003–2005) had 19 standing committees in the House and 17 in the Senate, 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 is the seat of government for 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.[7]

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 January 2010, 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.

Executive branch

since January 20, 2021

President

 
Seal of the president of the United States

Executive powers and duties

The executive branch is established in Article Two of the United States Constitution, which vests executive power in a president of the United States.[8][9] The president is both the head of state (performing ceremonial functions) and the head of government (the chief executive).[10] The Constitution directs the president to "take care that the laws be faithfully executed"[9] and requires the president to swear or affirm to "preserve, protect and defend the Constitution of the United States."[11] 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."[12] Many presidential actions are undertaken via executive orders, presidential proclamations, and presidential memoranda.[13]

The president is the commander-in-chief of the armed forces.[9][14] 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,[9][15] and is the United States' chief diplomat,[15] although the Congress also has an important role in legislating on foreign affairs,[9][15] 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."[15] The president may also negotiate and sign treaties, but ratifying treaties requires the consent of two-thirds of the Senate.[16]

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."[17] These appointments delegate "by legal authority a portion of the sovereign powers of the federal government."[18]

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.[19] The presidential clemency power extends only to federal crimes, and not to state crimes.[20]

The president has informal powers beyond their formal powers. For example, the president has major agenda-setting powers to influence lawmaking and policymaking,[21] and typically has a major role as the leader of their political party.[22]

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").[8][23] 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."[24][25]

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.[26] 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).[26] A presidential veto may be overridden by a two-thirds vote in both houses of Congress vote to override the veto;[26] this occurs relatively infrequently.[27]

 
Uncle Sam, a common personification of the U.S. federal government

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.[12] 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."[12] 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.[12]

Vice president

 
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.[28][29]

Cabinet, executive departments, and agencies

The daily enforcement and administration of federal laws is in the hands of the various federal executive departments, created by Congress to deal with specific areas of national and international affairs. The heads of the 15 departments, chosen by the president and approved with the "advice and consent" of the U.S. Senate, form a council of advisers generally known as the president's "Cabinet". Once confirmed, these "cabinet officers" serve at the pleasure of the president. In addition to departments, a number of staff organizations are grouped into the Executive Office of the President. These include the White House staff, the National Security Council, the Office of Management and Budget, the Council of Economic Advisers, the 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. The employees in these United States government agencies are called federal civil servants.

There are also independent agencies such as the United States Postal Service (USPS), the National Aeronautics and Space Administration (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 such as 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

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"—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 (the power to declare a law unconstitutional). The power of judicial review was asserted by Chief Justice Marshall in the landmark Supreme Court Case Marbury v. Madison (1803). 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 ("diversity jurisdiction").

There are three levels of federal courts with general jurisdiction, meaning that these courts handle criminal cases and civil lawsuits between individuals. Other courts, such as the bankruptcy courts and the Tax Court, are specialized courts handling only certain kinds of cases ("subject matter jurisdiction"). The Bankruptcy Courts are "under" the supervision of the district courts, and, as such, are not considered part of the "Article III" judiciary. Also as such, their judges do not have lifetime tenure, nor are they Constitutionally exempt from diminution of their remuneration.[30] The Tax Court is not an Article III court (but is, instead an "Article I Court").[31]

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" and "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 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 (for example, those arising from the Telephone Consumer Protection Act of 1991). Both court systems thus can be said to 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 Article III judge (Congress is able to set a lower salary for all future judges that take office after the reduction, but may not decrease the rate of pay for judges already in office).

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 debt to Federal revenue ratio

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 equalled 20.3% of gross domestic product (GDP), equal to the 50-year average.[32] 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%).[32]

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[33] from the age of 18,[34] regardless of race,[35] gender,[36] or wealth.[37] 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.[38]

Residents of Puerto Rico other than federal employees do not pay federal personal income taxes on income that has its source in Puerto Rico,[39][40] and do not pay most federal excise taxes (for example, the federal gasoline tax);[40] 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.[40][39] Puerto Rico is represented in the Congress by a nonvoting Resident Commissioner, a nonvoting delegate.[41]

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.

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.[42]

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]

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. (PDF) from the original on July 29, 2018. Retrieved July 29, 2018.
  2. ^ 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.
  3. ^ Judge Rules Favorably in Pennsylvania BRAC Suit (Associated Press, August 26)[permanent dead link]
  4. ^ 'The Legislative Branch' "The Legislative Branch". whitehouse.gov. from the original on January 29, 2022. Retrieved January 20, 2013 – via National Archives. Retrieved on January 20, 2013
  5. ^ U.S. House Official Website House.gov August 28, 2008, at the Wayback Machine Retrieved on August 17, 2008
  6. ^ "Trump impeachment: A very simple guide". BBC News. December 19, 2019. from the original on December 19, 2019. Retrieved February 11, 2022.
  7. ^ Kaiser, Frederick M. (January 3, 2006). "Congressional Oversight" (PDF). Congressional Research Service. (PDF) from the original on July 25, 2008. Retrieved July 30, 2008.
  8. ^ a b Article II, Constitution of the United States of America
  9. ^ a b c d e "Nature and Scope of Presidential Power". U.S. Constitution Annotated. Congressional Research Service. from the original on January 23, 2021. Retrieved February 15, 2021 – via Cornell Law School, Legal Information Institute.
  10. ^ Daniel W. Drezner (August 4, 2019). "America's head of state, M.I.A." Washington Post. from the original on December 16, 2020. Retrieved February 15, 2021.
  11. ^ "Article 2, Section I, Clause 8: Oath of Office". U.S. Constitution Annotated. Congressional Research Service. from the original on February 10, 2021. Retrieved February 15, 2021 – via Cornell Law School, Legal Information Institute.
  12. ^ a b c d William P. Marshall & Saikrishna B. Prakash, Article II, Section 3: Common Interpretation February 17, 2021, at the Wayback Machine, National Constitution Center (2021).
  13. ^ "Executive Order, Proclamation, or Executive Memorandum?". Executive Orders: A Beginner's Guide. Library of Congress Research Guide. 2020. from the original on February 7, 2021. Retrieved February 15, 2021.
  14. ^ "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. from the original on January 6, 2021. Retrieved February 15, 2021.
  15. ^ 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.
  16. ^ "ArtII.S2.C2.1 The Treaty Making Power". Constitution of the United States of America: Analysis and Interpretation. Congressional Research Service. from the original on January 31, 2021. Retrieved February 15, 2021.
  17. ^ "ArtII.S2.C2.2.1.1 Appointing Ambassadors, Ministers, and Consuls". Constitution of the United States of America: Analysis and Interpretation. Congressional Research Service. from the original on February 27, 2021. Retrieved February 15, 2021.
  18. ^ 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. (PDF) from the original on February 21, 2021. Retrieved February 15, 2021.
  19. ^ "ArtII.S2.C1.3.1.1 Scope of the Pardon Power". Constitution of the United States of America: Analysis and Interpretation. Congressional Research Service. from the original on January 27, 2021. Retrieved February 15, 2021.
  20. ^ Lauren-Brooke Eisen, Hernandez Stroud & Josh Bell (January 9, 2021). "Explainer: Presidential Pardon Power Explained". Brennan Center for Justice. from the original on February 3, 2021. Retrieved February 15, 2021.
  21. ^ 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. from the original on April 23, 2021. Retrieved February 15, 2021.{{cite journal}}: CS1 maint: uses authors parameter (link)
  22. ^ James W. Davis (1992). The President as Party Leader. Praeger.
  23. ^ Amendment XXIII to the United States Constitution
  24. ^ Amendment XXII to the United States Constitution
  25. ^ Michael Levy, Twenty-second Amendment: United States Constitution April 16, 2021, at the Wayback Machine, Encyclopedia Britannica (2010).
  26. ^ a b c "U.S. Constitution, Article I, Section 7, Clauses 1–3: The Legislative Process". Legal Information Institute. from the original on January 22, 2021. Retrieved February 15, 2021.
  27. ^ "Presidential Vetoes: Washington to Biden". American Presidency Project. University of California, Santa Barbara. January 8, 2021. from the original on February 27, 2021. Retrieved February 15, 2021.
  28. ^ Goldstein, Joel K. (1995). "The New Constitutional Vice Presidency". Wake Forest Law Review. 30 (505).
  29. ^ Reynolds, Glenn Harlan (2007). "Is Dick Cheney Unconstitutional?". Northwestern University Law Review Colloquy. 102 (110).
  30. ^ Federal tribunals in the United States
  31. ^ United States Tax Court
  32. ^ a b "CBO Monthly Budget Review-November 2018". November 7, 2018. from the original on December 5, 2018. Retrieved December 6, 2018.
  33. ^ Fourteenth Amendment to the United States Constitution
  34. ^ Twenty-sixth Amendment to the United States Constitution
  35. ^ Fifteenth Amendment to the United States Constitution
  36. ^ Nineteenth Amendment to the United States Constitution
  37. ^ Twenty-fourth Amendment to the United States Constitution
  38. ^ Twenty-third Amendment to the United States Constitution
  39. ^ a b Alexia Fernández Campbell, Puerto Rico pays taxes. The US is obligated to help it just as much as Texas and Florida. April 16, 2021, at the Wayback Machine, Vox (October 4, 2017).
  40. ^ a b c David L. Brumbaugh, U.S. Federal Taxes in Puerto Rico April 15, 2021, at the Wayback Machine, Congressional Research Service (October 30, 2000).
  41. ^ Christopher M. Davis, Parliamentary Rights of the Delegates and Resident Commissioner from Puerto Rico February 24, 2021, at the Wayback Machine, Congressional Research Service (October 16, 2019).
  42. ^ "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. (PDF) from the original on March 18, 2009. Retrieved July 30, 2008.

Further reading

  • Greenstein, Fred I. et al. 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)

federal, government, united, states, american, government, redirects, here, textbook, american, government, textbook, government, united, states, redirects, here, governments, individual, states, state, governments, united, states, federal, government, united,. American Government redirects here For the textbook see American Government textbook Government of the United States redirects here For governments of individual U S states see State governments of the United States The federal government of the United States U S federal government or U S government a is the national government of the United States a federal republic located primarily in North America composed of 50 states a city within a federal district the city of Washington in the District of Columbia where most of the federal government is based five major self governing territories and several island possessions The federal government sometimes simply referred to as Washington 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 The powers and duties of these branches are further defined by acts of Congress including the creation of executive departments and courts inferior to the Supreme Court United States federal governmentCoat of armsFormation1789 234 years ago 1789 Founding documentUnited States ConstitutionJurisdictionUnited States of AmericaWebsitewww wbr usa wbr govLegislative branchLegislatureCongressMeeting placeCapitolExecutive branchLeaderPresidentAppointerElectoral CollegeHeadquartersThe White HouseMain organCabinetDepartments15Judicial branchCourtSupreme CourtSeatSupreme Court Building Contents 1 Naming 2 History 3 Legislative branch 3 1 Makeup of Congress 3 1 1 House of Representatives 3 1 2 Senate 3 1 3 Different powers 3 1 4 Impeachment of federal officers 3 1 5 Congressional procedures 3 2 Powers of Congress 3 2 1 Congressional oversight 4 Executive branch 4 1 President 4 1 1 Executive powers and duties 4 1 2 Election succession and term limits 4 1 3 Veto power impeachment and other issues 4 2 Vice president 4 3 Cabinet executive departments and agencies 5 Judicial branch 5 1 Overview of the federal judiciary 5 2 Relationships between state and federal courts 6 Budget 7 Elections and voting 8 State tribal and local governments 9 See also 9 1 President 9 2 Courts 9 3 Law 9 4 Agencies 9 5 States and territories 9 6 Works and websites 10 Notes 11 References 12 Further reading 13 External linksNaming Political system of the United States The full name of the republic is 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 it is a party e g Charles T Schenck v United States 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 National Government is sometimes used The terms Federal and National in government agency or program names generally indicate affiliation with the federal government e g Federal Bureau of Investigation National Oceanic and Atmospheric Administration National Park Service Because the seat of government is in Washington D C Washington is commonly used as a metonym for the federal government HistorySee also History of the United States Government The United States government is based on the principles of federalism and republicanism in which power is shared between the national 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 2 3 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 4 The president nominates judges to the nation s highest judiciary authority the Supreme Court but those nominees must be approved by Congress The Supreme Court in turn can invalidate unconstitutional laws passed by the Congress These and other examples are examined in more detail in the text below Legislative branchMain article United States Congress Seal of the U S 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 House grouped by state 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 must have been a U S citizen for at least seven years and must live in the state that they represent There is no limit on the number of terms a representative may serve In addition to the 435 voting members there are 6 non voting members consisting of 5 delegates and one resident commissioner There is one delegate each from the District of Columbia Guam the Virgin Islands American Samoa and the Commonwealth of the Northern Mariana Islands and the resident commissioner from Puerto Rico 5 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 Different 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 Main article Federal impeachment in the United States 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 2022 update three presidents have been impeached by the House of Representatives Andrew Johnson Bill Clinton and Donald Trump twice None of the three were removed from office following trial in the Senate 6 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 108th Congress 2003 2005 had 19 standing committees in the House and 17 in the Senate 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 Main article Article One of the United States Constitution The United States Capitol is the seat of government for 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 Main article 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 7 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 January 2010 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 Executive branchSee also Article Two of the United States Constitution and List of United States federal executive orders Joe Biden46th President Kamala Harris49th Vice Presidentsince January 20 2021 President Main articles President of the United States and Powers of the president of the United States Seal of the president of the United States Executive powers and duties The executive branch is established in Article Two of the United States Constitution which vests executive power in a president of the United States 8 9 The president is both the head of state performing ceremonial functions and the head of government the chief executive 10 The Constitution directs the president to take care that the laws be faithfully executed 9 and requires the president to swear or affirm to preserve protect and defend the Constitution of the United States 11 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 12 Many presidential actions are undertaken via executive orders presidential proclamations and presidential memoranda 13 The president is the commander in chief of the armed forces 9 14 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 9 15 and is the United States chief diplomat 15 although the Congress also has an important role in legislating on foreign affairs 9 15 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 15 The president may also negotiate and sign treaties but ratifying treaties requires the consent of two thirds of the Senate 16 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 17 These appointments delegate by legal authority a portion of the sovereign powers of the federal government 18 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 19 The presidential clemency power extends only to federal crimes and not to state crimes 20 The president has informal powers beyond their formal powers For example the president has major agenda setting powers to influence lawmaking and policymaking 21 and typically has a major role as the leader of their political party 22 Election succession and term limits Further information United States presidential election 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 8 23 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 24 25 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 26 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 26 A presidential veto may be overridden by a two thirds vote in both houses of Congress vote to override the veto 26 this occurs relatively infrequently 27 Uncle Sam a common personification of the U S federal government 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 12 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 12 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 12 Vice president Main article Vice President of the United States 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 28 29 Cabinet executive departments and agencies Main articles Cabinet of the United States United States federal executive departments and List of federal agencies in the United States The daily enforcement and administration of federal laws is in the hands of the various federal executive departments created by Congress to deal with specific areas of national and international affairs The heads of the 15 departments chosen by the president and approved with the advice and consent of the U S Senate form a council of advisers generally known as the president s Cabinet Once confirmed these cabinet officers serve at the pleasure of the president In addition to departments a number of staff organizations are grouped into the Executive Office of the President These include the White House staff the National Security Council the Office of Management and Budget the Council of Economic Advisers the 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 The employees in these United States government agencies are called federal civil servants There are also independent agencies such as the United States Postal Service USPS the National Aeronautics and Space Administration 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 such as the Federal Deposit Insurance Corporation and the National Railroad Passenger Corporation Judicial branchMain article Federal judiciary of the United States Further information Supreme Court of the United States See also Article Three of the United States Constitution 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 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 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 the power to declare a law unconstitutional The power of judicial review was asserted by Chief Justice Marshall in the landmark Supreme Court Case Marbury v Madison 1803 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 diversity jurisdiction There are three levels of federal courts with general jurisdiction meaning that these courts handle criminal cases and civil lawsuits between individuals Other courts such as the bankruptcy courts and the Tax Court are specialized courts handling only certain kinds of cases subject matter jurisdiction The Bankruptcy Courts are under the supervision of the district courts and as such are not considered part of the Article III judiciary Also as such their judges do not have lifetime tenure nor are they Constitutionally exempt from diminution of their remuneration 30 The Tax Court is not an Article III court but is instead an Article I Court 31 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 and 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 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 for example those arising from the Telephone Consumer Protection Act of 1991 Both court systems thus can be said to 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 Article III judge Congress is able to set a lower salary for all future judges that take office after the reduction but may not decrease the rate of pay for judges already in office 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 debt to Federal revenue ratio Main article United States federal 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 equalled 20 3 of gross domestic product GDP equal to the 50 year average 32 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 32 Elections and votingMain article Elections in the United States Diagram of the Federal Government and American Union 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 33 from the age of 18 34 regardless of race 35 gender 36 or wealth 37 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 38 Residents of Puerto Rico other than federal employees do not pay federal personal income taxes on income that has its source in Puerto Rico 39 40 and do not pay most federal excise taxes for example the federal gasoline tax 40 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 40 39 Puerto Rico is represented in the Congress by a nonvoting Resident Commissioner a nonvoting delegate 41 State tribal and local governmentsMain articles State governments of the United States Tribal sovereignty in the United States and Local government in the United States 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 42 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 a 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 alsoPresident Executive Office Line item vetoCourts District courts Federal courts Federal judicial circuit Law U S CodeAgencies Federal agencies United States portal Politics portalStates and territories Political divisions U S territoryWorks and websites Business gov Copyright status of work by the U S government USA govNotes 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 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 Rules Favorably in Pennsylvania BRAC Suit Associated Press August 26 permanent dead link The Legislative Branch The Legislative Branch whitehouse gov Archived from the original on January 29 2022 Retrieved January 20 2013 via National Archives Retrieved on January 20 2013 U S House Official Website House gov Archived August 28 2008 at the Wayback Machine Retrieved on August 17 2008 Trump impeachment A very simple guide BBC News December 19 2019 Archived from the original on December 19 2019 Retrieved February 11 2022 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 a b Article II Constitution of the United States of America 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 amp 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 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sixth Amendment to the United States Constitution Fifteenth Amendment to the United States Constitution Nineteenth Amendment to the United States Constitution Twenty fourth Amendment to the United States Constitution Twenty third Amendment to the United States Constitution a b Alexia Fernandez 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 readingGreenstein Fred I et al Evolution of the modern presidency a bibliographical survey 1977 bibliography and annotation of 2500 scholarly books and articles online 4Wood 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 Wikiquote has quotations related to Federal government of the United States Wikiversity has learning resources about School Political science Wikiversity has learning resources about Topic American government Official website Portal of the U S Federal government of the United States Retrieved from https en wikipedia org w index php title Federal government of the United States amp oldid 1135002244, wikipedia, wiki, book, books, library,

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