|
Реферат: Правительство Соединенных Штатов (Иностранные языки)
Kyrgyz State National University
THE GOVERNMENT OF THE UNITED STATES
______________________________
Ilebaev Emil
Kasymov Maksat_________
Bishkek 2001
Introduction
In July 1780 France's Louis XVI had sent to America an expeditionary force
of 6,000 men under the Comte Jean de Rochambeau. In addition, the French
fleet harassed British shipping and prevented reinforcement and resuppi^ of
British forces in Virginia by a British fleet sailing from New York City.
French and American armies and navies, totaling 18,000 men, parried with
Cornwallis all through the summer and into the fall. Finally, on October
19, 17B1, after being trapped at Yorktown near the mouth of Chesa-peake
Bay, Cornwallis surrendered his army of 8,000 British soldiers.
Although Cornwallis's defeat did not immediately end the war — which would
drag on inconclusively for almost two more years — a new British government
decided to pursue peace negotiations in Paris in early 1782, with the
American side represented by Benjamin Franklin, John Adams and John Jay. On
April 15, 1783, Congress approved the final treaty, and Great Britain and
its former colonies signed it on September 3. Known as the Treaty of Paris,
the peace settlement acknowledged the independence, freedom and sovereignty
of the 13 former colonies, now states, to which Great Britain granted the
territory west to the Mississippi River, north to Canada and south to
Florida, which was returned to Spain. The fledgling colonies that Richard
Henry Lee had spoken of more than seven years before, had finally become
"free and independent states." The task of knitting together a nation yet
remained.
CONSTITUTION
During the war, the states had agreed to work together by sending
representatives to a national congress patterned after the "Congress of
Delegates" that conducted the war with England. It would raise money to pay
off debts of the war, establish a money system and deal with foreign
nations in making treaties. The agreement that set up this plan of
cooperation was called the Articles of Confederation. work together? They
believed that the Congress needed more power.
The plan for the government was written in very simple language in a
document called the Constitution of the United Slates. The Constitution set
up a federal system with a strong central government. A federal system is
one in which power is shared between a central authority and its
constituent parts, with some rights reserved to each. The Constitution also
called for the election of a national leader, or president.
Two main fears shared by most Americans: one fear was that one person
or group, including the majority, might become too powerful or be able to
seize control of the country and create a tyranny, another fear was that
the new central government might weaken or take away the power of the state
governments to run their own affairs. To deal with this the Constitution
specified exactly what power central government had and which power was
reserved for the states.
Representatives of various states noted that the Constitution did not
have any words guaranteeing the freedoms or the basic rights and privileges
of citizens. Though the Convention delegates did not think it necessary to
include such explicit guarantees, many people felt that they needed further
written protection against tyranny. So, a "Bill of Rights" was added to the
Constitution.
The Bill of Rights
The first 10 amendments to the Constitution and their purpose
|PROTECTIONS AFFORDED FUNDAMENTAL RIGHTS AND FREEDOMS |
|Amendment 1 |Freedom of religion, speech, press, and assembly; the |
| |right to petition government |
| |
|PROTECTIONS AGAINST ARBITRARY MILITARY ACTION |
|Amendment 2 |Right to bear arms and maintain state militias (National|
| |Guard). |
|Amendment 3 |Troops may not be quartered in homes in peacetime. |
| |
|PROTECTION AGAINST ARBITRARY POLICE AND COURT ACTION |
|Amendment 4 |No unreasonable searches or seizures. |
|Amendment 5 |Grand jury indictment required to prosecute a person for|
| |a serious crime. No “double jeopardy” – being tried |
| |twice for the same offence. Forcing a person to testify |
| |against himself or herself prohibited. No loss of life, |
| |liberty or property without due process. |
|Amendment 6 |Right to speedy, public, impartial trial with defense |
| |counsel, and right to cross-examine witnesses. |
|Amendment 7 |Jury trials in civil suits where value exceeds 20 |
| |dollars. |
|Amendment 8 |No excessive bail or fines, no cruel and unusual |
| |punishments. |
| |
|PROTECTION OF STATES’ RIGHTS AND UNNAMED RIGHTS OF THE PEOPLE |
|Amendment 9 |Unlisted rights are not necessarily denied. |
|Amendment 10|Powers not delegated to the United States or denied to |
| |states are reserved to the states or to the people. |
The Bill of Rights was ratified in1791, but its application as
broadened significantly by the 14th Amendment of the Constitution, which
was ratified in 1868. A key phrase in the 14th Amendment – “nor shall any
state deprive any person of life, liberty or property, without due process
of law” – has been interpreted by the Supreme Court as forbidding the
states from violating most of the rights and freedoms protected by the Bill
of Rights.
THE EXECUTIVE BRANCH
At a time when all the major European states had hereditary monarchs,
the idea of a president with a limited term of office was itself
revolutionary. The Constitution vests the executive power in the president.
It also provides for the election of a vice president who succeeds to the
presidency in case of the death, resignation or incapacitation of the
president. While the Constitution spells out in some detail the duties and
powers of the president, it does not delegate any specific executive powers
to the vice president or to members of the presidential Cabinet or to other
federal officials.
Creation of a powerful unitary presidency was the source of some
contention in the Constitutional Convention. Several states had had
experience with executive councils made up of several members, a system
that had been followed with considerable success by the Swiss for some
years. And Benjamin Franklin urged that a similar system be adopted by the
United States. Moreover, many delegates, still smarting under the excesses
of executive power wielded by the British king, were wary of a powerful
presidency. Nonetheless, advocates of a single president—operating under
strict checks and balances—carried the day.
In addition to a right of succession, the vice president was made the
presiding officer of the Senate. A constitutional amendment adopted in 1967
amplifies the process of presidential succession. It describes the specific
conditions under which the vice president is empowered to take over the
office of president if the president should become incapacitated. It also
provides for resumption of the office by the president in the event of his
or her recovery. In addition, the amendment enables the president to name a
vice president, with congressional approval, when the second office is
vacated. This 25th Amendment to the Constitution was put into practice
twice in 1974: when Vice President Spiro T. Agnew resigned and was replaced
by Gerald R. Ford; and when, after President Richard Nixon's resignation,
President Ford nominated and Congress confirmed former New York governor
Nelson A. Rockefeller as vice president.
The Constitution gives Congress the power to establish the order of
succession after the vice president. At present, in the event both the
president and vice president vacate their offices, the speaker of the House
of Representatives would assume the presidency. Next comes the president
pro tempore of the Senate (a senator elected by that body to preside in the
absence of the vice president), and then Cabinet officers in designated
order.
The seat of government, which moved in 1800 to Washington, D.C. (the
District of Columbia), is a federal enclave on the eastern seaboard. The
White House, both residence and office of the president, is located there.
Although land for the federal capital was ceded by the states of Maryland
and Virginia, the present District of Columbia occupies only the area given
by Maryland; the Virginia sector, unused by the government for half a
century, reverted to Virginia in 1846.
| |
|THE PRESIDENCY |
|TERM OF OFFICE: |Elected by the people, through the electoral college, to a|
| |four-year term; limited to two terms. |
|SALARY: |$200,000 plus $50,000 allowance for expenses, and up to |
| |$100,000 tax-free for travel and official entertainment |
|INAUGURATION: |January 20, following the November general election |
|QUALIFICATIONS: |Native-born American citizen, at least 35 years old and at|
| |least 14 years a resident of the United States. |
|CHIEF DUTY: |To protect the Constitution and enforce the laws made by |
| |the Congress. |
|OTHER POWERS: |To recommend legislation to the Congress; to call special |
| |sessions of the Congress; to deliver messages to the |
| |Congress; to veto bills; to appoint federal judges; to |
| |appoint heads of federal departments and agencies and |
| |other principal federal officials; to appoint |
| |representatives to foreign countries; to carry on official|
| |business with foreign nations; to exercise the function of|
| |commander-in-chief of the armed forces; to grant pardons |
| |for offenses against the United States. |
The Constitution requires the president to be a native-born American
citizen at least 35 years of age. Candidates for the presidency are chosen
by political parties several months before the presidential election, which
is held every four years (in years divisible evenly by four) on the first
Tuesday after the first Monday in November.
The method of electing the president is peculiar to the American system.
Although the names of the candidates appear on the ballots, technically the
people of each state do not vote directly for the president (and vice
president). Instead, they select a slate of presidential electors, equal to
the number of senators and representatives each state has in Congress. The
candidate with the highest number of votes in each state wins all the
electoral votes of that state.
The electors of all 50 states and the District of Columbia—a total of
538 persons—compose what is known as the Electoral College. Under the terms
of the Constitution, the College never meets as a body. Instead, the
electors gather in the state capitals shortly after the election and cast
their votes for the candidate with the largest number of popular votes in
their respective states. To be successful, a candidate for the presidency
must receive 270 votes. The Constitution stipulates that if no candidate
has a majority, the decision shall be made by the House of Representatives,
with all members from a state voting as a unit. In this event, each state
and the District of Columbia would be allotted one vote only.
The presidential term of four years begins on January 20 (it was changed
from March by the 20th Amendment, ratified in 1933) following a November
election. The president starts his or her official duties with an
inauguration ceremony, traditionally held on the steps of the U.S. Capitol,
where Congress meets'. The president publicly takes an oath of office,
which is traditionally administered by the chief justice of the United
States. The words are prescribed in Article II of the Constitution:
/ do solemnly swear (or affirm) that I will faithfully execute the
office of President of the United States, and will to the best of my
ability, preserve, protect and defend the Constitution of the United
States.
The oath-taking ceremony is usually followed by an inaugural address in
which the new president outlines the policies and plans of his or her
administration.
PRESIDENTIAL POWERS
The office of President of the United States is one of the most powerful in
the world. The president, the Constitution says, must "take care that the
laws be faithfully executed." To carry out this responsibility, he or she
presides over the executive branch of the federal government—a vast
organization numbering several million people—and in addition has important
legislative and judicial powers.
LEGILATIVE POWERS
Despite the Constitutional provision that "all legislative powers" shall be
vested in the Congress, the president, as the chief formulator of public
policy, has a major legislative role. The president can veto any bill
passed by Congress and, unless two-thirds in each house vote to override
the veto, the bill does not become law. Much of the legislation dealt with
by Congress is drafted at the initiative of the executive branch. In an
annual and special messages to Congress, the president may propose
legislation he or she believes is necessary. If Congress should adjourn
without acting on those proposals, the president has the power to call it
into special session. But, beyond all this, the president, as head of a
political party and as principal executive officer of the U.S. government,
is in a position to influence public opinion and thereby to influence the
course of legislation in Congress. To improve their working relationships
with Congress, presidents in recent years have set up a Congressional
Liaison Office in the White House. Presidential aides keep abreast of all
important legislative activities and try to persuade senators and
representatives of both parties to support administration policies.
JUDICIAL POWERS
Among the president's constitutional powers is that of appointing important
public officials; presidential nomination of federal judges, including
members of the Supreme Court, is subject to confirmation by the Senate.
Another significant power is that of granting a full or conditional pardon
to anyone convicted of breaking a federal law—except in a case of
impeachment. The pardoning power has come to embrace the power to shorten
prison terms and reduce fines.
EXECUTIVE POWERS
Within the executive branch itself, the president has broad powers to
manage national affairs and the workings of the federal government. The
president can issue rules, regulations and instructions called executive
orders, which have the binding force of law upon federal agencies. As
commander-in-chief of the armed forces of the United States, the president
may also call into federal service the state units of the National Guard.
In times of war or national emergency, the Congress may grant the president
even broader powers to manage the national economy and protect the security
of the United States.
The president chooses the heads of all executive departments and
agencies, together with hundreds of other high-ranking federal officials.
The large majority of federal workers, however, are selected through the
Civil Service system, in which appointment and promotion are based on
ability and experience
POWERS IN FOREIGN AFFAIRS
Under the Constitution, the president is the federal official primarily
responsible for the relations of the United States with foreign nations.
Presidents appoint ambassadors, ministers and consuls—subject to
confirmation by the Senate—and receive foreign ambassadors and other public
officials. With the secretary of state, the president manages all official
contacts with foreign governments. On occasion, the president may
personally participate in summit conferences where chiefs of state meet for
direct consultation. Thus, President Woodrow Wilson headed the American
delegation to the Paris conference
at the end of World War I; President Franklin D. Roosevelt conferred with
Allied leaders at sea, in Africa and in Asia during World War II; and every
president since Roosevelt has met with world statesmen to discuss economic
and political issues, and to reach bilateral and multilateral agreements.
Through the Department of State, the president is responsible for the
protection of Americans abroad and of foreign nationals in the United
States. Presidents decide whether to recognize new nations and new
governments, and negotiate treaties with other nations, which are binding
on the United States when approved by two-thirds of the Senate. The
president may also negotiate "executive agreements" with foreign powers
that are not subject to Senate confirmation.
CONSTRAINTS ON PRESIDENTIAL POWER
Because of the vast array of presidential roles and responsibilities,
coupled with a conspicuous presence on the national and international
scene, political analysts have tended to place great emphasis on the
president's powers. Some have even spoken of the "the imperial presidency,"
referring to the expanded role of the office that Franklin D. Roosevelt
maintained during his term.
One of the first sobering realities a new president discovers is an
inherited bureaucratic structure which is difficult to manage and slow to
change direction. Power to appoint ex- ' tends only to some 3,000 people
out of a civilian government ' work force of more than three million, most
of whom are protected in their jobs by Civil Service regulations.
The president finds that the machinery of government operates pretty
much independently of presidential interventions, has done so through
earlier administrations, and will continue to do so in the future. New
presidents are immediately confronted with a backlog of decisions from the
outgoing administration on issues that are often complex and unfamiliar.
They inherit a budget formulated and enacted into law long before they came
to office, as well as major spending programs (such as veterans' benefits.
Social Security payments and Medicare for the elderly), which are mandated
by law and not subject to influence. In foreign affairs, presidents must
conform with treaties and informal agreements negotiated by their
predecessors.
The happy euphoria of the post-election "honeymoon" quickly dissipates,
and the new president discovers that Congress has become less cooperative
and the media more critical. The president is forced to build at least
temporary alliances among diverse, often antagonistic interests—economic,
geographic, ethnic and ideological. Compromises with Congress must be
struck if any legislation is to be adopted. "It is very easy to defeat a
bill in Congress," lamented President John F. Kennedy. "It is much more
difficult to pass one."
Despite these burdensome constraints, few presidents have turned down
the chance to run for a second term of office. Every president achieves at
least some of his legislative goals and prevents by veto the enactment of
other laws he believes not to be in the nation's best interests. The
president's authority in the conduct of war and peace, including the
negotiation of treaties, is substantial. Moreover, the president can use
his unique position to articulate ideas and advocate policies, which then
have a better chance of entering the public consciousness than those held
by his political rivals. When a president raises an issue, it inevitably
becomes subject to public debate. A president's power and influence may be
limited, but they are also greater than those of any other American, in or
out of office.
THE EXECUTIVE DEPARTMENTS
The day-to-day enforcement and administration of federal laws is in the
hands of the various executive departments, created by Congress to deal
with specific areas of national and international affairs. The heads of the
departments, chosen by the president and approved by the Senate, form a
council of advisers generally known as the president's "Cabinet." In
addition to 14 departments, there are a number of staff organizations
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 Office of the U.S. Trade
Representative, and the Office of Science and Technology.
The Constitution makes no provision for a presidential Cabinet. It
does provide that the president may ask opinions, in writing, from the
principal officer in each of the executive departments on any subject in
their area of responsibility, but it does not name the departments nor
describe their duties. Similarly, there are no specific constitutional
qualifications for service in the Cabinet.
The Cabinet developed outside the Constitution as a matter of
practical necessity, for even in George Washington's day it was an absolute
impossibility for the president to discharge his duties without advice and
assistance. Cabinets are what any particular president makes them. Some
presidents have relied heavily on them for advice, others lightly, and some
few have largely ignored them. Whether or not Cabinet members act as
advisers, they retain the responsibility for directing the activities of
the government in specific areas of concern.
Each department has thousands of employees, with offices throughout the
country as well as in Washington. The departments are divided into
divisions, bureaus, offices and services, each with specific duties.
|THE CABINET |
|(All departments are headed by a secretary, except the Justice Department, |
|which is headed by the attorney general.) |
|THE DEPARTMENT OF AGRICULTURE: |Created in 1862 |
|THE DEPARTMENT OF COMMERCE: |Created in 1903. The Department of |
| |Commerce and Labor split into two |
| |separate departments in 1913. |
|THE DEPARTMENT OF DEFENSE: |Amalgamated in 1947. The Department of |
| |Defense was established by combining, |
| |the Department of War (established in |
| |1789), the Department of the Navy |
| |(established in 1798) and the |
| |Department of the Air Force |
| |(established in 1947). Although the |
| |secretary of defense is a member of the|
| |Cabinet, the secretaries of the Army, |
| |Navy and Air Force are not. |
|THE DEPARTMENT OF EDUCATION: |Created in 1979. Formerly part of the |
| |Department of Health, Education and |
| |Welfare. |
|THE DEPARTMENT OF ENERGY: |Created in 1977. |
|THE DEPARTMENT OF HEALTH AND HUMAN |Created in 1979, when the Department of|
|SERVICES: |Health, Education and Welfare (created |
| |in 1953) was split into separate |
| |entities. |
|THE DEPARTMENT OF HOUSING AND URBAN|Created in 1965. |
|DEVELOPMENT: | |
|THE DEPARTMENT OF THE INTERIOR: |Created in 1849 |
|THE DEPARTMENT OF JUSTICE: |Created in 1870. Between 1789 and 1870,|
| |the attorney general was a member of |
| |the Cabinet, but not the head of a |
| |department. |
|THE DEPARTMENT OF LABOR: |Created in 1913 |
|THE DEPARTMENT OF STATE: |Created in 1789. |
|THE DEPARTMENT OF TRANSPORTATION: |Created in 1966. |
|THE DEPARTMENT OF THE TREASURY: |Created in 1789 |
|THE DEPARTMENT OF VETERANS AFFAIRS:|Created in 1988. Formerly the Veterans |
| |Administration, now elevated to Cabinet|
| |level |
DEPARTAMENT OF AGRICULTURE
The Department of Agriculture (USDA) supervises agricultural production to
ensure fair prices and stable markets for producers and consumers, works to
improve and maintain farm income, and helps to develop and expand markets
abroad for agricultural products. The department attempts to curb poverty,
hunger and malnutrition by issuing food stamps to the poor; sponsoring
educational programs on nutrition; and administering other food assistance
programs, primarily for children, expectant mothers and the elderly. It
maintains production capacity by helping landowners protect the soil,
water, forests and other natural resources. USDA administers rural
development, credit and conservation programs that are designed to
implement national growth policies, and conducts scientific and
technological research in all areas of agriculture. Through its inspection
and grading services, USDA ensures standards of quality in food offered for
sale. The department also promotes agricultural research by maintaining the
National Agricultural Library, the second largest government library in the
world. (The U.S. Library of Congress is first.) The USDA Foreign
Agricultural Service (FAS) serves as an export promotion and service agency
for U.S. agriculture, employing specialists abroad who make surveys of
foreign agriculture for U.S. farm and business interests. The U.S. Forest
Service, also part of the department, administers an extensive network of
national forests and wilderness areas.
DEPARTAMENT OF COMMERCE
The Department of Commerce serves to promote the nation's international
trade, economic growth and technological advancement. It offers assistance
and information to increase America's competitiveness in the world economy;
administers programs to prevent unfair foreign trade competition; and
provides social and economic statistics and analyses for business and
government planners. The department comprises a diverse array of agencies.
The National Bureau of Standards, for example, conducts scientific and
technical research, and maintains physical measurement systems for industry
and government. The National Oceanic and Atmospheric Administration (NOAA),
which includes the National Weather Service, works to improve understanding
of the physical environment and oceanic resources. The Patent and Trademark
Office grants patents and registers trademarks. The department also
conducts research and develops policy on telecommunications; promotes
domestic economic development and foreign travel to the United States; and
assists in the growth of businesses owned and operated by minorities.
DEPARTAMENT OF DEFENCE
Headquartered in the Pentagon, the "world's largest office building," the
Department of Defense (DOD) is responsible for all matters relating to the
nation's military security. It provides the military forces of the United
States, which consist of about two million men and women on active duty.
They are backed, in case of emergency, by 2.5 million members of state
reserve components, known as the National Guard. In addition, about one
million civilian employees serve in the Defense Department in such areas as
research, intelligence communications, mapping and international security
affairs. The National Security Agency (NSA) also comes under the direction
of the secretary of defense. The department directs the separately
organized military departments of the Army, Navy, Marine Corps and Air
Force, as well as each service academy and the National War College, the
Joint Chiefs of Staff and several specialized combat commands. DOD
maintains forces overseas to meet treaty commitments, to protect the
nation's outlying territories and commerce, and to provide air combat and
support forces. Nonmilitary responsibilities include flood control,
development of oceanographic resources and management of oil reserves.
DEPARTAMENT OF EDUCATION
The Department of Education absorbed most of the education programs
previously conducted by the Department of Health, Education and Welfare, as
well as programs that had been handled by six other agencies. The
department establishes policy for and administers more than 150 federal aid-
to-education programs, including student loan programs, programs for
migrant workers, vocational programs, and special programs for the
handicapped. The Department of Education also partially supports the
American Printing House for the Blind; Gallaudet University, established to
provide a liberal higher education for deaf persons; the National Technical
Institute for the Deaf, part of the Rochester (New York) Institute of
Technology, designed to educate deaf students within a college campus, but
planned primarily for hearing students; and Howard University in
Washington, D.C., a comprehensive university which accepts students of all
races, but concentrates on educating black Americans.
DEPARTAMENT OF ENERGY
Growing concern with the nation's energy problems in the 1970s prompted
Congress to create the Department of Energy (DOE). The department took over
the functions of several government agencies already engaged in the energy
field. Staff offices within the DOE are responsible for the research,
development and demonstration of energy technology; energy conservation;
civilian and military use of nuclear energy; regulation of energy
production and use; pricing and allocation of oil;
and a central energy data collection and analysis program. The department
protects the nation's environment by setting standards to minimize the
harmful effects of energy production. For example, DOE conducts
environmental and health-related research, such as studies of energy-
related pollutants and their effects on biological systems.
DEPARTAMENT OF HEALTH AND HUMAN SERVICES
The Department of Health and Human Services (HHS) probably directly touches
the lives of more Americans than any other federal agency. Its largest
component, the Social Security Administration, pools contributions from
employers and employees to pay benefits to workers and their families who
have retired, died or become disabled. Social Security contributions help
pay medical bills for those 65 years and older as well, under a program
called Medicare. Through a separate program, called Medicaid, HHS provides
grants to states to help pay the medical costs of the poor. HHS also
administers a network of medical research facilities through the National
Institutes of Health, and the Alcohol, Drug Abuse and Mental Health
Administration. Other HHS agencies ensure the safety and effectiveness of
the nation's food supply and drugs, work to prevent outbreaks of
communicable diseases, and provide health services to the nation's American
Indian and native Alaskan populations. In cooperation with the states, HHS
operates the principal federal welfare program for the poor, called Aid to
Families with Dependent Children (AFDC)
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
The Department of Housing and Urban Development (HUD) manages programs that
assist community development and help provide affordable housing for the
nation. Fair housing laws, administered by HUD, are designed to ensure that
individuals and families can buy a dwelling without being subjected to
housing discrimination. HUD directs mortgage insurance programs that help
families become homeowners, and a rent-subsidy program for low-income
families who otherwise could not afford decent housing. In addition, it
operates programs that aid neighborhood rehabilitation, preserve urban
centers from blight and encourage the development of new communities. HUD
also protects the home buyer in the marketplace and fosters programs to
stimulate the housing industry.
DEPARTMENT OFTHE INTERIOR
As the nation's principal conservation agency, the Department of the
Interior has responsibility for most of the federally owned public lands
and natural resources in the United States. The Fish and Wildlife Service,
for example, administers 442 wildlife refuges, 150 waterfowl production
areas, and a network of wildlife laboratories and fish hatcheries. The
National Park Service administers more than 340 national parks and scenic
monuments, riverways, seashores, recreation areas and historic sites.
Through the Bureau of Land Management, the department oversees the land and
resources—from timber and grazing to oil production and recreation—on
millions of hectares of public land located primarily in the West. The
Bureau of Reclamation manages scarce water resources in the semiarid
western United States. The department regulates mining in the United
States, assesses mineral resources, and has major responsibility for
American Indians living on reservations. Internationally, the department
administers programs in U.S. territories such as the Virgin Islands, Guam,
American Samoa, the Northern Mariana Islands and Palau, and provides
funding for development to the Marshall Islands and the Federated States of
Micronesia.
DEPARTMENT OF JUSTICE
The attorney general, the chief law officer of the federal government, is
in charge of the Department of Justice. The department represents the U.S.
government in legal matters and courts of law, and renders legal advice and
opinions, upon request, to the president and to the heads of the executive
departments. Its Federal Bureau of Investigation (FBI) is the principle law
enforcement body, and its Immigration and Naturalization Service
administers immigration laws. A major agency within the department is the
Drug Enforcement Administration, (DEA), which administers narcotics and
controlled substances laws, and tracks down major illicit drug trafficking
organizations. The Justice Department also gives aid to local police
forces. In addition, the department directs U.S. district attorneys and
marshals throughout the country, supervises federal prisons and other penal
institutions, and investigates and reports to the president on petitions
for paroles and pardons. The Justice Department is also linked to INTERPOL,
the International Criminal Police Organization, charged with promoting
mutual assistance between law enforcement agencies in 146 countries.
DEPARTMENT OF LABOR
The Department of Labor promotes the welfare of wage earners in the United
States, helps improve working conditions and fosters good relations between
labor and management. It administers more than 130 federal labor laws
through such agencies as the Occupational Safety and Health Administration
(OSHA), the Employment Standards Administration and the Mine Safety and
Health Administration. Among its responsibilities are: guaranteeing
workers' rights to safe and healthy working conditions; establishing
minimum hourly wages and overtime pay; prohibiting employment
discrimination; and providing for unemployment insurance and compensation
for on-the-job injury. It also protects workers' pension rights, sponsors
job training programs and helps workers find jobs. Its Bureau of Labor
Statistics monitors and reports changes in employment, prices and other
national economic measurements. For job seekers, the department makes
special efforts to help older workers, youths, minorities, women and the
handicapped.
DEPARTAMENT OF STATE
The Department of State advises the president, who has overall
responsibility for formulating and executing the foreign policy of the
United States. The department assesses American overseas interests, makes
recommendations on policy and future action, and takes necessary steps to
carry out established policy. It maintains contacts and relations between
the United States and foreign countries, advises the president on
recognition of new foreign countries and governments, negotiates treaties
and agreements with foreign nations, and speaks for the United States in
the United Nations and in more than 50 other major international
organizations. As-of 1988, the department supervised 141 embassies and 113
missions or consulates in foreign nations.
DEPARTMENT OF TRANSPORTATION
The Department of Transportation (DOT) was created in 1966 by consolidating
land, sea and air transportation functions scattered thoughout eight
separate departments and agencies. DOT establishes the nation's overall
transportation policy through nine operating units that encompass highway
planning, development and construction; urban mass transit; railroads;
civilian aviation; and the safety of waterways, ports, highways, and oil
and gas pipelines. For example, the Federal Aviation Administration
operates more than 350 air traffic control facilities across the country;
the Federal Highway Administration is responsible for the 68,000-kilometer
interstate highway system; the National Highway Traffic Safety
Administration establishes safety and fuel economy standards for motor
vehicles; and the Maritime Administration operates the U.S. merchant marine
fleet. The U.S. Coast Guard, the nation's primary maritime law enforcement
and licensing agency, conducts search and rescue missions at sea, combats
drug smuggling and works to prevent oil spills and ocean pollution.
DEPARTMENT OFTHE TREASURY
The Department of the Treasury is responsible for serving the fiscal and
monetary needs of the nation. The department performs four basic functions:
formulating financial, tax and fiscal policies; serving as financial agent
for the U.S. government; providing specialized law enforcement services;
and manufacturing coins and currency. The Treasury Department reports to
Congress and the president on the financial condition of the government and
the national economy. It regulates the sale of alcohol, tobacco and
firearms in interstate and foreign commerce; supervises the printing of
stamps for the U.S. Postal Service; operates the Secret Service, which
protects the president, the vice president, their families, and visiting
dignitaries and heads of state; suppresses counterfeiting of U.S. currency
and securities; and administers the Customs Service, which regulates and
taxes the flow of goods into the country. The department includes the
Office of the Comptroller of the Currency, the Treasury official who
executes the laws governing the operation of approximately 4,600 banks; and
the Internal Revenue Service (IRS), which administers tax laws—the source
of most of the federal government's revenue.
DEPARTMENT OF VETERANS AFFAIRS
The Department of Veterans Affairs, established as an independent agency in
1930 and elevated to Cabinet level in 1988, dispenses benefits and services
to eligible veterans of U.S. military service and their dependents. The
medicine and surgery department provides hospital and nursing home care,
and outpatient medical and dental services through 172 medical centers, 16
retirement homes, 228 clinics and 116 nursing homes in the United States,
Puerto Rico and the Philippines. It also supports veterans under care in
hospitals and nursing homes in 35 states. The veterans benefits department
oversees claims for disability, pensions, specially adapted housing and
other services. This department also administers education programs for
veterans, and provides housing credit assistance to eligible veterans and
active-duty service personnel. The memorial affairs department administers
the National Cemetery System, providing burial services, headstones and
markers to eligible veterans and their spouses within specially designated
cemeteries throughout the United States.
THE INDEPENDENT AGENCIES
The executive departments are the major operating units of | the federal
government, but there are many other agencies which have important
responsibilities for keeping the government and the economy working
smoothly. These are often called independent agencies, since they are not
part of the executive departments. The nature and purpose of these agencies
vary widely. Some are regulatory groups, with powers to supervise certain
sectors of the economy. Others provide special services, either to the
government or to the people. In most cases, the agencies have been created
by Congress to deal with matters that have become too complex for the scope
of ordinary legislation. The Interstate Commerce Commission, for example,
was established by Congress in 1887 to curb the growing power of the
railroads. In recent years, however, a trend toward deregulation of the
economy has altered the functions of many federal regulatory bodies. Among
the most important independent agencies are the following:
action is the principal federal agency for administering domestic volunteer
service programs to meet basic human needs, and to support the self-help
efforts of poor individuals and communities. Some of action's programs are
Foster Grandparents, offering older Americans opportunities for close
relationships with needy children; Volunteers in Service to America
(VISTA), which provides volunteers to work in poor communities; and Student
Community Service Projects, which encourages students to volunteer in their
communities as part of their education.
central intelligence agency (cia) coordinates intelligence activities of
certain government departments and agencies; collects, correlates and
evaluates intelligence information relating to national security; and makes
recommendations to the National Security Council.
environmental protection agency (epa), founded in 1970, works with state
and local governments throughout the United States to control and abate
pollution in the air and water, and to deal with the problems of solid
waste, pesticides, radiation and toxic substances. EPA sets and enforces
standards for air and water quality, evaluates the impact of pesticides and
chemical substances, and manages the so-called "Superfund" program for
cleaning toxic waste sites.
the federal communications commission licenses the operation of radio and
television stations and regulates interstate telephone and telegraph
services. It sets rates for interstate communications services, assigns
radio frequencies, and administers international communications treaties.
the federal reserve system supervises the private banking system of the
United States. It regulates the volume of credit and money in circulation.
The Federal Reserve performs many of the functions of central banks in
other countries, such as issuing paper currency; unlike central banks,
however, it does not act as the depository of the country's gold reserve.
the federal trade commission guards against trade abuses and unfair
business practices by conducting investigations and holding hearings on
complaints.
the general accounting office is an arm of the legislative branch that
oversees expenditures by the executive branch. It is headed by the
comptroller general of the United States. It settles or
adjusts—independently of the executive departments—all claims and demands
by or against the federal government, and all money accounts in which the
government is concerned. It also checks the ledger accounts of all federal
disbursement and collection officers to see that public funds have been
paid out legally.
the general services administration controls much of the physical property
of the federal government. It is responsible for the purchase, supply,
operation and maintenance of federal property, buildings and equipment, and
for the sale of surplus items.
the interstate commerce commission regulates the rates and practices in
interstate commerce of all common carriers, such as railroads, buses,
trucks, and shipping on inland waterways. It supervises the issuance of
stocks and bonds by common carriers and enforces safety laws.
THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA), established in
1958 to run the U.S. space program, placed the first American satellites
and astronauts in orbit, and launched the Apollo spacecraft that landed men
on the moon in 1969. Today, NASA conducts research aboard Earth-orbiting
satellites and interplanetary probes, explores new concepts in advanced
aerospace technology, and operates the U.S. fleet of manned space shuttles.
In the 1990s, NASA will assemble, in space, the components for a permanent
space station manned by international crews from the United States, Europe
and Japan.
THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES encourages the
development of American arts, literature and scholarship, through grants to
individuals, groups, institutions and state agencies.
the national labor relations board administers the principal U.S. labor
law, the National Labor Relations Act. The Board is vested with the power
to prevent or remedy unfair labor practices and to safeguard employees'
rights to organize and determine through elections whether to have unions
as their bargaining representative.
the national science foundation was created to strengthen basic research
and education in the sciences in the United States. It grants funds for
research and education programs to universities and other institutions, and
coordinates the science information activities of the federal government.
the office of national drug control policy, created in 1988 to raise the
profile of the U.S. government's fight against illegal drugs, coordinates
efforts of such agencies as the U.S. Drug Enforcement Administration, the
Customs Service and the Coast Guard.
THE OFFICE OF PERSONNEL MANAGEMENT in 1979 assumed functions of the Civil
Service Commission, which was created in 1883 to establish a merit system
for government service and to eliminate politics from public appointments.
The agency holds competitive examinations across the country to select
qualified workers for over three million government posts. It also sponsors
training programs to increase the effectiveness of government employees.
the peace corps, founded in 1961, trains volunteers to serve in foreign
countries for two years. Peace Corps volunteers, now working in more than
60 nations, assist in agricultural-rural development, small business,
health, natural resources conservation and education.
THE SECURITIES AND EXCHANGE COMMISSION was established to protect investors
who buy stocks and bonds. Federal laws require companies that plan to raise
money by selling their own securities to file facts about their operations
with the commission. The commission has powers to prevent or punish fraud
in the sale of securities, and is authorized to regulate stock exchanges.
the small business administration lends money to small businesses, aids
victims of floods and other natural disasters, and helps secure contracts
for small businesses to supply goods and services to the federal
government.
THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (USAID) carries out
economic assistance programs designed to help the people in developing
countries develop their human and economic resources, increase their
productive capacities, and improve the quality of human life. The USAID
administrator also serves as director of the U.S. International Development
Cooperation Agency, which serves as the focal point for U.S. participation
in such organizations as the UN Children's Fund (UNICEF), the Organization
of American States (OAS) Technical Assistance Funds program, the World Bank
Group, and along with the Department of Agriculture, the Food for Peace
Program.
THE UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY is responsible for
U.S. participation in international negotiations on arms limitation and
disarmament. It represents the United States on international arms control
commissions and supports research on arms control and disarmament.
THE UNITED STATES INFORMATION AGENCY (USIA) seeks to promote better
understanding of the United States in other countries through the
dissemination abroad of information about the nation, its people, culture
and policies. USIA also administers a number of two-way educational and
cultural exchange programs, such as the Fulbright Program, with foreign
nations. It provides assistance to foreign press and television journalists
covering the United States. The Agency also advises the president and the
various departments of the government on foreign opinion concerning U.S.
policies and programs.
the united states postal service is operated by an autonomous public
corporation that replaced the Post Office Department in 1971. The Postal
Service is responsible for the collection, transportation and delivery of
the mails, and for the operation of thousands of local post offices across
the country. It also provides international mail service through the
Universal Postal Union and other agreements with foreign countries. An
independent Postal Rate Commission, also created in 1971, sets the rates
for different classes of mail.
THE LEGISLATIVE BRANCH
A BICAMERAL CONGRESS
Article I of the Constitution grants all legislative powers of the federal
government to a Congress divided into two chambers. a Senate and a House of
Representatives. The Senate, the smaller of the two, is composed of two
members for each state as provided by the Constitution, Membership in the
House is based on population and its size is therefore not specified in the
Constitution.
For more than 100 years after the adoption of the Constitution, senators
were not elected by direct vote of the people but were chosen by state
legislatures. Senators were looked on as representatives of their home
states. Their duty was to ensure that their states were treated equally in
all legislation. The 17th Amendment, adopted in 1913, provided for direct
election of the Senate.
The delegates to the Constitutional Convention reasoned that if two
separate groups—one representing state governments and one representing the
people—must both approve every proposed law, there would be little danger
of Congress passing laws hurriedly or carelessly. One house could always
check the other in the manner of the British Parliament. Passage of the
17th Amendment did not substantially alter this balance of power between
the two houses.
While there was intense debate in the Convention over the makeup and
powers of Congress, many delegates believed that the legislative branch
would be relatively unimportant. A few believed that the Congress would
concern itself largely with external affairs, leaving domestic matters to
state and local governments. These views were clearly wide of the mark. The
Congress has proved to be exceedingly active, with broad powers and
authority in all matters of national concern. While its strength vis-a-vis
the executive branch has waxed and waned at different periods of American
history, the Congress has never been impotent or a rubber stamp for
presidential decisions.
QUALIFICATIONS OF MEMBERS OF CONCRESS
The Constitution requires that U.S. senators must be at least 30 years of
age, citizens of the United States for at least nine years, and residents
of the states from which they are elected. Members of the House of
Representatives must be at least 25, citizens for seven years, and
residents of the states which send them to Congress. The states may set
additional requirements for election to Congress, but the Constitution
gives each house the power to determine the qualifications of its members.
Each state is entitled to two senators. Thus, Rhode Island, the smallest
state, with an area of about 3,156 square kilometers has the same
senatorial representation as Alaska, the biggest state, with an area of
some 1,524,640 square kilometers. Wyoming, with 490,000 persons in 1987,
has representation equal to that of California, with its 1987 population of
27,663,000.
The total number of members of the House of Representatives has been
determined by Congress. That number is then divided among the states
according to their populations. Regardless of its population, every state
is constitutionally guaranteed at least one member of the House of
Representatives. At present, six states—Alaska, Delaware, North Dakota,
South Dakota, Vermont and Wyoming—have only one representative. On the
other hand, six states have more than 20 representatives—California alone
has 45.
The Constitution provides for a national census each 10 years and a
redistribution of House seats according to population shifts. Under the
original constitutional provision, the number of representatives was to be
no more than one for each 30,000 citizens. There were 65 members in the
first House, and the number was increased to 106 after the first census.
Had the one-to-30,000 formula been adhered to permanently, population
growth in the United States would have brought the total number of
representatives to about 7,000. Instead, the formula has been adjusted over
the years, and today the House is composed of 435 members, roughly one for
each 530,000 persons in the United States.
State legislatures divide the states into congressional districts, which
must be substantially equal in population. Every two years, the voters of
each district choose a representative for Congress.
Senators are chosen in statewide elections held in even-numbered years.
The senatorial term is six years, and every two years one-third of the
Senate stands for election. Hence, two-thirds of the senators are always
persons with some legislative experience at the national level.
It is theoretically possible for the House to be composed entirely of
legislative novices. In practice, however, most members are reelected
several times and the House, like the Senate, can always count on a core
group of experienced legislators.
Since members of the House serve two-year terms, the life of a Congress
is considered to be two years. The 20th Amendment provides that the
Congress will meet in regular session each January 3, unless Congress fixes
a different date. The Congress remains in session until its members vote to
adjourn—usually late in the year. The president may call a special session
when he or she thinks it necessary. Sessions are held in the Capitol in
Washington, D.C.
POWERS OF THE HOUSE AND SENATE
Each house of Congress has the power to introduce legislation on any
subject except revenue bills, which must originate in the House of
Representatives. The large states may thus appear to have more influence
over the public purse than the small states. In practice, however, each
house can vote against legislation passed by the other house. The Senate
may disapprove a House revenue bill—or any bill, for that matter—or add
amendments which change its nature. In that event, a conference committee
made up of members from both houses must work out a compromise acceptable
to both sides before the bill becomes law.
The Senate also has certain powers especially reserved to that body,
including the authority to confirm presidential appointments of high
officials and ambassadors of the federal government as well as authority to
ratify all treaties by a two-thirds vote. Unfavorable action in either
instance nullifies executive action.
In the case of impeachment of federal officials, the House has the sole
right to bring charges of misconduct that can lead to an impeachment trial.
The Senate has the sole power to try impeachment cases and to find
officials guilty or not guilty. A finding of guilt results in the removal
of the federal official from public office.
The broad powers of the whole Congress are spelled out in the eighth
section of the first article of the Constitution:
— to levy and collect taxes;
— to borrow money for the public treasury;
— to make rules and regulations governing commerce among the states and
with foreign countries;
— to make uniform rules for the naturalization of foreign citizens;
— to coin money, state its value, and provide for the punishment of
counterfeiters;
— to set the standards for weights and measures;
— to establish bankruptcy laws for the country as a whole;
— to establish post offices and post roads;
— to issue patents and copyrights;
— to set up a system of federal courts;
— to punish piracy;
— to declare war;
— to raise and support armies;
— to provide for a navy;
— to call out the militia to enforce federal laws, suppress lawlessness or
repel invasions by foreign powers;
— to make all laws for the District of Columbia; and
— to make all laws necessary to enforce the Constitution.
A few of these powers are now outdated—the District of Columbia today is
largely self-governing—but they remain in effect. The 10th Amendment sets
definite limits on congressional authority, by providing that powers not
delegated to the national government are reserved to the states or to the
people. In addition, the Constitution specifically forbids certain acts by
Congress. It may not:
— suspend the writ of habeas corpus, unless necessary in time of rebellion
or invasion;
— pass laws which condemn persons for crimes or unlawful acts without a
trial;
— pass any law which retroactively makes a specific act a crime;
— levy direct taxes on citizens, except on the basis of a census already
taken;
— tax exports from any one state;
— give specially favorable treatment in commerce or taxation to the
seaports of any state or to the vessels using them; and
— authorize any titles of nobility.
LITTLE LEGISLATURES
A congressman once observed that "Congress is a collection of committees
that come together in a chamber periodically to approve one another's
actions. " That statement correctly identifies the standing and permanent
committees that are the nerve centers of the U.S. Congress. In a recent two-
year session of Congress, for example, members proposed a total of I], 602
bills in the House and 4,080 in the Senate. For each of these bills, the
committees responsible had to study, weigh arguments [or and against, hear
witnesses and debate changes, before the bills ever reached the House or
Senate floors. Out of almost ] 5,000 measures introduced, only 664—fewer
than six percent—were enacted into law.
The Constitution does not specifically call for congressional
committees. As the nation grew, however, so did the need for investigating
pending legislation more thoroughly. The committee system began in 1789,
when House members found themselves bogged down in endless discussions of
proposed new laws. The first committees dealt with Revolutionary War
claims, post roads and territories, and trade with other countries.
Throughout the years, committees have formed and disbanded in response to
political, social and economic changes. For example, there is no longer any
need for a Revolutionary War claims committee, but both houses of Congress
have a Veterans' Affairs committee.
Today, there are 22 standing committees in the House and 16 in the
Senate, plus four joint permanent committees with members from both houses:
Library of Congress, printing, taxation and economics. In addition, each
house can name special, or select, committees to study specific problems:
Because of an increase in workload, the standing committees have also | |
