Federal government of the United States
United States Constitution | |
Jurisdiction | United States |
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Website | www |
Legislative branch | |
Legislature | Congress |
Meeting place | Capitol |
Executive branch | |
Leader | President |
Appointer | Electoral College |
Headquarters | White House |
Main organ | Cabinet |
Departments | 15 |
Judicial branch | |
Court | Supreme Court |
Seat | Supreme Court Building |
This article is part of a series on the |
Politics of the United States |
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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, five major self-governing territories, several island possessions, and the federal district and national capital of Washington, D.C., where most of the federal government is based.
The U.S. federal government, sometimes
Naming
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 the nation is a party. The terms "Government of the United States of America" or "United States Government" are often used in official documents to represent the federal government as distinct from the states collectively.
In casual conversation or writing, the term "Federal Government" is often used, and the term "National Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with the federal government; for instance, the Federal Bureau of Investigation, National Oceanic and Atmospheric Administration, and National Park Service. Because the seat of government is in Washington, D.C., "Washington" is sometimes used as a metonym for the federal government.
History
The United States government is based on the principles of federalism and republicanism, in which power is shared between the 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.[3][4]
One of the theoretical pillars of the U.S. Constitution is the idea of "
Legislative branch
The United States Congress, under Article I of the Constitution, is the legislative branch of the federal government. It is bicameral, comprising the House of Representatives and the Senate.
Makeup of Congress
House of Representatives
The U.S. House of Representatives is made up of 435 voting members, each of whom represents a congressional district in a state from where they were elected. Apportionment of seats among the 50 states is determined by state populations, and it is updated after each decennial U.S. Census. Each member serves a two-year term.
In order to be elected as a representative, an individual must be at least 25 years of age, must have been a
In addition to the 435 voting members, there are six non-voting members, consisting of five delegates and one
Unlike the U.S. Senate, all members of the U.S. House must be elected and cannot be appointed. In the case of a vacancy, the seat must be filled through a special election, as required under Article 1 of the U.S. Constitution.[7]
Senate
In contrast, the Senate is made up of two senators from each state, regardless of population. There are currently 100 senators (2 from each of the 50 states), who each serve six-year terms. Approximately one-third of the Senate stands for election every two years.
If a vacancy occurs, the state governor appoints a replacement to complete the term or to hold the office until a special election can take place.[8]
Separate powers
The House and Senate each have particular exclusive powers. For example, the Senate must approve (give "
The Constitution also includes the
Impeachment of federal officers
Congress has the power to remove the president, federal judges, and other federal officers from office. The House of Representatives and Senate have separate roles in this process. The House must first vote to impeach the official. Then, a trial is held in the Senate to decide whether the official should be removed from office. As of 2023[update], three presidents have been impeached: Andrew Johnson, Bill Clinton, and Donald Trump (twice). None of the three were removed from office following trial in the Senate.[9]
Congressional procedures
Article I, Section 2, paragraph 2 of the U.S. Constitution gives each chamber the power to "determine the rules of its proceedings". From this provision were created
Powers of Congress
The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include the powers to levy and collect
Congressional oversight
Congressional oversight is intended to prevent waste and fraud, protect civil liberties and individual rights, ensure executive compliance with the law, gather information for making laws and educating the public, and evaluate executive performance.[12]
It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency.
Congress' oversight function takes many forms:
- Committee inquiries and hearings
- Formal consultations with and reports from the president
- Senate advice and consent for presidential nominations and for treaties
- House impeachment proceedings and subsequent Senate trials
- House and Senate proceedings under the 25th Amendment if the president becomes disabled or if the office of the vice president falls vacant
- Informal meetings between legislators and executive officials
- Congressional membership: each state is allocated a number of seats based on its representation (or ostensible representation, in the case of D.C.) in the House of Representatives. Each state is allocated two senators regardless of its population. As of November 2023[update], the District of Columbia elects a non-voting representative to the House of Representatives along with American Samoa, the U.S. Virgin Islands, Guam, Puerto Rico, and the Northern Mariana Islands.[13]
Executive branch
President
Executive powers and duties
The executive branch is established in
The president is the
Article II's
The Constitution grants the president the "Power to
The president has informal powers beyond their formal powers. For example, the president has major
Election, succession, and term limits
The
Veto power, impeachment, and other issues
Under the Presentment Clause of Article I, a bill that passes both chambers of Congress shall be presented to the president, who may sign the bill into law or veto the bill by returning it to the chamber where it originated.[32] If the president neither signs nor vetoes a bill "within ten Days (Sundays excepted) after it shall have been presented to him" it becomes a law without the president's signature, "unless the Congress by their Adjournment prevent its Return in which Case it shall not be a Law" (called a pocket veto).[32] A presidential veto may be overridden by a two-thirds vote in both houses of Congress vote to override the veto;[32] this occurs relatively infrequently.[33]
The president may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for "treason, bribery, or other high crimes and misdemeanors".
The president may not
Vice president
The vice president is the second-highest official in rank of the federal government. The vice president's duties and powers are established in the legislative branch of the federal government under Article 1, Section 3, Clauses 4 and 5 as the
Cabinet, executive departments, and agencies
Article II, Section 2 of the Constitution sets forth the creation of a presidential Cabinet. The role of the Cabinet is to advise the president and carry out the programs and laws of the federal government. The Cabinet is composed of the vice president and the leaders of 15 executive departments. Those executive departments are the Departments of State, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security.[36]
Additionally, there are seven other members of the Cabinet who are appointed by the president. These are the White House Chief of Staff, Administrator of the Environmental Protection Agency, Director of the Office of Management & Budget, United States Trade Representative, U.S. Ambassador to the United Nations, Chairman of the Council of Economic Advisers, and Administrator of the Small Business Administration.[37]
The heads of the 15 departments are chosen by the president and approved with the "advice and consent" of the U.S. Senate. Once confirmed, these "Cabinet secretaries" serve at the pleasure of the president.
In addition to the executive departments, a number of staff organizations are grouped into the
Outside of the EOP and the executive departments are a number of
Judicial branch
The Judiciary, under Article III of the Constitution, explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases.
Overview of the federal judiciary
Article III section I of the Constitution establishes the Supreme Court of the United States and authorizes the United States Congress to establish inferior courts as their need shall arise. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office. Article II section II establishes that all federal judges are to be appointed by the president and confirmed by the United States Senate.
The Judiciary Act of 1789 subdivided the nation jurisdictionally into judicial districts and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress retains the power to re-organize or even abolish federal courts lower than the Supreme Court.
The U.S. Supreme Court decides
There are three levels of federal courts with general jurisdiction, which are courts that handle both
The district courts are the trial courts wherein cases that are considered under the Judicial Code (Title 28, United States Code) consistent with the jurisdictional precepts of
The United States Courts of Appeals are appellate courts that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies, and some interlocutory appeals. The U.S. Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has original jurisdiction over a few cases.
The judicial power extends to cases arising under the Constitution, an Act of Congress; a U.S. treaty; cases affecting ambassadors, ministers and consuls of foreign countries in the U.S.; cases and controversies to which the federal government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases (collectively "federal-question jurisdiction"). The Eleventh Amendment removed from federal jurisdiction cases in which citizens of one state were the plaintiffs and the government of another state was the defendant. It did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant.
The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The interplay of the Supremacy Clause and Article III has resulted in a complex set of relationships between state and federal courts. Federal courts can sometimes hear cases arising under state law pursuant to diversity jurisdiction, state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved by federal statute to the state courts. Both court systems have exclusive jurisdiction in some areas and concurrent jurisdiction in others.
The U.S. Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"; in practice, this usually means they serve until they die, retire, or resign. A judge who commits an offense while in office may be impeached in the same way as the president or other officials of the federal government. U.S. judges are appointed by the president, subject to confirmation by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any present Article III judge. However, Congress is able to set a lower salary for all future judges who take office after such a pay reduction is passed by Congress.
Relationships between state and federal courts
Separate from, but not entirely independent of, this federal court system are the court systems of each state, each dealing with, in addition to federal law when not deemed preempted, a state's own laws, and having its own court rules and procedures. Although state governments and the federal government are legally dual sovereigns, the Supreme Court of the United States is in many cases the appellate court from the State Supreme Courts (e.g., absent the Court countenancing the applicability of the doctrine of adequate and independent State grounds). The Supreme Courts of each state are by this doctrine the final authority on the interpretation of the applicable state's laws and Constitution. Many state constitution provisions are equal in breadth to those of the U.S. Constitution, but are considered "parallel" (thus, where, for example, the right to privacy pursuant to a state constitution is broader than the federal right to privacy, and the asserted ground is explicitly held to be "independent", the question can be finally decided in a State Supreme Court—the U.S. Supreme Court will decline to take jurisdiction).
A State Supreme Court, other than of its own accord, is bound only by the U.S. Supreme Court's interpretation of federal law, but is not bound by interpretation of federal law by the federal court of appeals for the federal circuit in which the state is included, or even the federal district courts located in the state, a result of the dual sovereigns concept. Conversely, a federal district court hearing a matter involving only a question of state law (usually through
Budget
The budget document often begins with the
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.[40] The deficit equaled $779 billion, 3.8 percent of GDP. Tax revenue amounted to $3.33 trillion, with receipt categories including individual income taxes ($1,684B or 51%), Social Security/Social Insurance taxes ($1,171B or 35%), and corporate taxes ($205B or 6%).[40]
Employees
The United States federal government had about 2,260,000 civilian employees in FY2023, with about 160,000 of those in the
Elections and voting
Under the U.S. Constitution, the representation of
Residents of
State, tribal, and local governments
State governments have the greatest influence over most Americans' daily lives. The Tenth Amendment prohibits the federal government from exercising any power not delegated to it by the Constitution; as a result, states handle the majority of issues most relevant to individuals within their jurisdiction. Because state governments are not authorized to print currency, they generally have to raise revenue through either taxes or bonds. As a result, state governments tend to impose severe budget cuts or raise taxes any time the economy is faltering.[51]
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
As a result of the Supreme Court case
The institutions that are responsible for local government within states are typically
See also
PresidentCourts
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LawAgencies |
States and territories
Works and websites
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Notes
- 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
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- ^ "Directory of Representatives". house.gov. Retrieved November 23, 2023.
- ^ a b "Constitution of the United States of America". 1787. "Article II" – via Wikisource.
- ^ a b c d e "Nature and Scope of Presidential Power". U.S. Constitution Annotated. Congressional Research Service. Archived from the original on January 23, 2021. Retrieved February 15, 2021 – via Cornell Law School, Legal Information Institute.
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- ^ a b c d William P. Marshall & Saikrishna B. Prakash, Article II, Section 3: Common Interpretation Archived February 17, 2021, at the Wayback Machine, National Constitution Center (2021).
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- ^ "ArtII.S2.C2.1 The Treaty Making Power". Constitution of the United States of America: Analysis and Interpretation. Congressional Research Service. Archived from the original on January 31, 2021. Retrieved February 15, 2021.
- ^ "ArtII.S2.C2.2.1.1 Appointing Ambassadors, Ministers, and Consuls". Constitution of the United States of America: Analysis and Interpretation. Congressional Research Service. Archived from the original on February 27, 2021. Retrieved February 15, 2021.
- ^ Steven G. Bradbury (April 16, 2007). Offices of the United States Within the Meaning of the Appointments Clause (PDF). United States Department of Justice Office of Legal Counsel. Archived (PDF) from the original on February 21, 2021. Retrieved February 15, 2021.
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- ^ Lauren-Brooke Eisen, Hernandez Stroud & Josh Bell (January 9, 2021). "Explainer: Presidential Pardon Power Explained". Brennan Center for Justice. Archived from the original on February 3, 2021. Retrieved February 15, 2021.
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- ^ Fourteenth Amendment to the United States Constitution
- ^ Twenty-sixth Amendment to the United States Constitution
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- ^ 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 Fernández Campbell, Puerto Rico pays taxes. The US is obligated to help it just as much as Texas and Florida. Archived April 16, 2021, at the Wayback Machine, Vox (October 4, 2017).
- ^ a b c David L. Brumbaugh, U.S. Federal Taxes in Puerto Rico Archived April 15, 2021, at the Wayback Machine, Congressional Research Service (October 30, 2000).
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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
- ISBN 978-0-8078-2422-1.
External links
- Official website (Portal of the U.S. Federal government of the United States)