The
federal government of the United States is the central
governmentA government is the body within a community, political entity or organization which has the authority to make and enforce rules, laws and regulations.....
entity established by the
United States ConstitutionThe Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States...
, which shares sovereignty over the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
with the
governmentState governments in the United States are those governments formed in each U.S. state.Structured in accordance with state law , most state governments are modeled on the federal system, with three branches of government—executive, legislative, and judicial.Under the Tenth Amendment to the...
s of the individual
U.S. stateA U.S. state is any one of 50 federated states of the United States of America that share sovereignty with the federal government . Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile...
s. The federal government has three branches: the legislative,
executive}}In the study of political science the executive branch of government has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the democratic idea of the separation of powers .In many...
, and judicial. Through a system of
separation of powersSeparation of powers is the political doctrine under which the executive, legislative and judicial branches of government are kept distinct, to prevent abuse of power. This U.S...
and the system of "checks and balances," each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches. The
policies of the federal governmentThe policies of the United States of America comprise all actions taken by its federal government. The executive branch is the primary entity through which policies are enacted, however the policies are derived from a collection of laws, executive decisions, and legal precedents.-Types of...
have a broad impact on both the domestic and foreign affairs of the United States. In addition, the powers of the federal government as a whole are limited by the Constitution, which, per the
Tenth AmendmentThe Tenth Amendment of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
, states that all powers not expressly assigned to the federal government are reserved to the states or to the
peoplePopular sovereignty or the sovereignty of the people is the belief that the legitimacy of the state is created by the will or consent of its people, who are the source of all political power. It is closely associated with the social contract philosophers, among whom are Thomas Hobbes, John Locke,...
.
The
seatThe seat of government is defined by Brewer's Politics as "the building, complex of buildings or city from which a government exercises its authority". The seat of government is usually located in the capital. In some countries the seat of government differs from the capital, e.g...
of the federal government is in the
federal districtFederal districts are a type of administrative division of a federation, under the direct control of the federal government.-United States:...
of
Washington, D.C.Washington, D.C. , formally the District of Columbia and commonly referred to as Washington, the District, or simply D.C., is the capital of the United States, founded on July 16, 1790...
Executive branch
The executive power in the federal government is vested in the President of the United States, although power is often delegated to the
CabinetThe United States Cabinet is composed of the most senior appointed officers of the executive branch of the federal government of the United States...
members and other officials. The
PresidentPresident is a title held by many leaders of organizations, companies, trade unions, universities, and countries. Etymologically, a "president" is one who presides, who sits in leadership...
and
Vice PresidentA vice president is an officer in government or business who is below a president in rank. The name comes from the Latin vice meaning 'in place of'. In some countries, the vice president is called the deputy president...
are elected as
running matesRunning Mates is an episode from the second season of the Fox animated series Family Guy. It is the 17th episode of Family Guy, to be aired. The episode first aired on April 11, 2000. It was written by Garrett Donovan and Neil Goldman, and directed by John Holmquist...
for a
maximumTerm limits to offices in the United States:-Historical background:Term limits, or rotation in office, dates back to the American Revolution, and prior to that to the democracies and republics of antiquity. The council of 500 in ancient Athens rotated its entire membership annually, as did the...
of two four-year terms by the
Electoral CollegeThe Electoral College consists of the popularly elected representatives who formally elect the President and Vice President of the United States. Since 1964, there have been 538 electors in each presidential election...
, for which each
stateA U.S. state is any one of 50 federated states of the United States of America that share sovereignty with the federal government . Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile...
, as well as the
District of ColumbiaWashington, D.C. , formally the District of Columbia and commonly referred to as Washington, the District, or simply D.C., is the capital of the United States, founded on July 16, 1790...
, is allocated a number of seats based on its representation (or ostensible representation, in the case of D.C.) in both houses of Congress.
President
The executive branch consists of the President and delegates. The President is both the
head of stateHead of state is the generic term for the individual or collective office that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state...
and
governmentHead of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled Prime Minister, President of the Government, Premier, etc...
, as well as the military commander-in-chief and chief
diplomatA diplomat is a person appointed by a state to conduct diplomacy with another state or international organisation. The main functions of diplomats revolve around the representation and protection of the interests and nationals of the sending state, as well as the promotion of information and...
. The President, according to the Constitution, must "take care that the laws be faithfully executed," and "preserve, protect, and defend the Constitution." The President presides over the executive branch of the federal government, a vast organization numbering about 4 million people, including 1 million active-duty military personnel. The forty-fourth and current president is
Barack ObamaBarack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office, as well as the first president born in Hawaii...
.
The President may sign legislation passed by Congress into law or may veto it, preventing it from becoming law unless two-thirds of both houses of Congress vote to override the veto. The President may, with the consent of two-thirds of the Senate, make
treatiesA treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as: agreement, protocol, covenant, convention, exchange of letters, etc...
with foreign nations. The President may be
impeachedImpeachment in the United States is an expressed power of the legislature which allows for formal charges to be brought against a civil officer of government for conduct committed in office...
by a majority in the House and removed from office by a two-thirds majority in the Senate for "
treasonIn law, treason is the crime that covers some of the more serious acts of disloyalty to one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife...
, bribery, or other high crimes and misdemeanors." The President may not
dissolve CongressIn parliamentary systems, a dissolution of parliament is the dispersal of a legislature at the call of an election.Usually there is a maximum length of a legislature, and a dissolution must happen before the maximum time...
or call
special electionA by-election is an election held to fill a political office that has become vacant between regularly scheduled elections...
s but does have the power to
pardonA pardon is the forgiveness of a crime and the penalty associated with it. It is granted by a head of state, such as a monarch or president, or by a competent church authority. Clemency is an associated term, meaning the lessening of the penalty of the crime without forgiving the crime itself. The...
, or release, criminals convicted of offenses against the federal government (except in cases of impeachment), enact executive orders, and (with the consent of the Senate) appoint Supreme Court justices and
federal judgesThe United States federal courts comprises the Judiciary Branch of government organized under the Constitution and laws of the federal government of the United States...
.
Vice President
The Vice President is the second-highest executive official of the government. As first in the
U.S. presidential line of successionThe United States presidential line of succession defines who may become or act as President of the United States upon the incapacity, death, resignation, or removal from office of a sitting president or a president-elect.- Current order :This is a list of the current presidential line of...
, the Vice President becomes President upon the death, resignation, or removal of the President, which has happened nine times in U.S. history. Under the Constitution, the Vice President is President of the Senate. By virtue of the Vice President's role as President of the Senate, he or she is the nominal head of the
United States SenateThe United States Senate is the upper house of the bicameral United States Congress, the lower house being the House of Representatives. The composition and powers of the Senate and the House are established in Article One of the U.S. Constitution . Each U.S state is represented by two senators,...
. In that capacity, the Vice President is allowed to vote in the Senate, but only when necessary to
break a tied voteThe Vice President of the United States is the ex-officio President of the United States Senate. They may have a casting vote in the Senate's decisions only to break a tie.-Historical significance:...
. Pursuant to the
Twelfth AmendmentThe Twelfth Amendment to the United States Constitution provides the procedure by which the President and Vice President are elected. It replaced the procedure of the Electoral College under Article II, Section 1, Clause 3, which demonstrated problems in the elections of 1796 and 1800...
, the Vice President presides over the joint session of
CongressThe United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of two houses, the Senate and the House of Representatives. Both senators and representatives are chosen through direct election....
when it convenes to count the vote of the Electoral College. While the Vice President's only constitutionally prescribed functions, aside from presidential succession, relate to his role as President of the Senate, the office is now commonly viewed as a member of the executive branch of the federal government. The U.S. Constitution does not expressly assign the office to any one branch, causing scholars to dispute whether it belongs to the executive branch, the legislative branch, or both.
Secretary of State
The Secretary of State is the Chief executive officer of the
United States Department of StateThe United States Department of State, often referred to as the State Department, is the Cabinet-level foreign affairs agency of the United States government, similar to foreign ministries, foreign offices, ministries of external relations, etc. in other countries...
, the most senior of all
federal executive departmentsThe United States federal executive departments are among the oldest primary units of the executive branch of the federal government of the United States—the Departments of State, War, and the Treasury all being established within a few weeks of each other in 1789.The heads of the federal...
concerned with foreign affairs. The Secretary of State is the third-highest official of the executive branch of the federal government of the United States, after the President and Vice President. The Secretary is a member of the President's Cabinet and the highest-ranking cabinet secretary both in
U.S. presidential line of successionThe United States presidential line of succession defines who may become or act as President of the United States upon the incapacity, death, resignation, or removal from office of a sitting president or a president-elect.- Current order :This is a list of the current presidential line of...
and
order of precedenceThe United States order of precedence lists the ceremonial order for domestic and foreign government officials, military and civic leaders at diplomatic, ceremonial, and social events within the United States and abroad. Former Presidents, First Ladies, Secretaries of State and Supreme Court...
. The Secretary has many duties and responsibilities. The Secretary serves as the President's chief adviser on U.S. foreign policy and as such negotiates, interprets, and terminates treaties and agreements, personally participates in or directs U.S. representatives to international conferences, organizations, and agencies, conducts negotiations relating to U.S. foreign affairs, and is responsible for the administration and management of foreign embassies and consulate offices. Foreign trade missions and intelligence assets report directly to the Secretary of State. The Secretary is also responsible for overall direction, coordination, and supervision of interdepartmental activities of the U.S. Government overseas. The Secretary answers directly to the President of the United States.
Relationship with Congress
The relationship between the President and the Congress reflects that between the English monarchy and parliament at the time of the framing of the United States Constitution. While the President can directly propose legislation (for instance, the
federal budgetThe Budget of the United States Government is the President's proposal to the U.S. Congress which recommends funding levels for the next fiscal year, beginning October 1. Congressional decisions are governed by rules and legislation regarding the federal budget process...
), he must rely on members of Congress to support and promote his legislative agenda. After identical copies of a particular bill have been approved by a majority of both houses of Congress, the President's signature is required to make these bills law; in this respect, the President has the power to veto congressional legislation. Congress can override a presidential veto with a two-thirds majority vote from both houses. The ultimate power of Congress over the President is that of impeachment or removal of the elected President through a House vote, a Senate trial, and a Senate vote (by two-thirds majority in favor). Nearly every president is threatened with the idea of impeachment, but only two Presidents (
Andrew JohnsonAndrew Johnson , the 17th President of the United States , was the first U.S. President to be impeached, as well as the first U.S. president to succeed to the presidency upon the assassination of his predecessor.At the time of the secession of the Southern states, Johnson was a U.S. Senator from...
and
Bill ClintonWilliam Jefferson "Bill" Clinton was the 42nd President of the United States from 1993 to 2001. He was the third-youngest president; only Theodore Roosevelt and John F. Kennedy were younger when entering office...
) have ever been successfully impeached, and neither was convicted by the Senate.
Richard NixonRichard Milhous Nixon was the 37th President of the United States and is the only president to resign the office. He was also the 36th Vice President of the United States ....
was
not impeached in connection with the
Watergate scandalThe Watergate scandal was a political scandal in the United States in the 1970s. Named for the Watergate office complex in Washington, D.C., effects of the scandal ultimately led to the resignation of Richard Nixon, President of the United States, on August 9, 1974...
, although the
House Judiciary CommitteeU.S. House Committee on the Judiciary, or the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement entities...
had approved
articles of impeachmentThe articles of impeachment are the set of charges drafted against a public official to initiate the impeachment process. The articles of impeachment do not result in the removal of the official, but instead require the enacting body to take further action, such as bringing the articles to a vote...
against Nixon at the time he resigned.
The President makes around 2,000 executive appointments, including members of the Cabinet and ambassadors, which must be approved by the Senate; the President can also issue executive orders and pardons, and has other Constitutional duties, among them the requirement to give a
State of the Union AddressThe State of the Union is an annual address presented before by the President of the United States to the United States Congress. The address not only reports on the condition of the nation but also allows the president to outline his legislative agenda and national priorities to Congress...
to Congress from time to time (usually once a year). (The Constitution does not specify that the State of the Union address be delivered in person; it can be in the form of a letter, as was the practice during most of the 19th century.) Although the President's constitutional role may appear to be constrained, in practice, the office carries enormous prestige that typically eclipses the power of Congress. The Vice President is first in the line of succession, and is the President of the Senate
ex officio, with the ability to cast a tie-breaking vote. The members of the President's Cabinet are responsible for administering the various departments of state, including the
Department of DefenseThe United States Department of Defense is the federal department charged with coordinating and supervising all agencies and functions of the government relating directly to national security and the military...
, the
Justice DepartmentThe United States Department of Justice is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States according to the law and to ensure fair and impartial administration of justice for all Americans...
, and the
State DepartmentThe United States Department of State, often referred to as the State Department, is the Cabinet-level foreign affairs agency of the United States government, similar to foreign ministries, foreign offices, ministries of external relations, etc. in other countries...
. These departments and department heads have considerable regulatory and political power, and it is they who are responsible for executing federal laws and regulations.
Cabinet, executive departments, and agencies
The day-to-day enforcement and administration of federal laws is in the hands of the various
federal executive departmentsThe United States federal executive departments are among the oldest primary units of the executive branch of the federal government of the United States—the Departments of State, War, and the Treasury all being established within a few weeks of each other in 1789.The heads of the federal...
, 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". In addition to departments, there are a number of staff organizations grouped into the Executive Office of the President. These include the
White HouseThe White House is the official residence and principal workplace of the President of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., it was built between 1792 and 1800 of white-painted Aquia sandstone in the late Georgian style and has been the residence of every...
staff, the
National Security CouncilThe White House National Security Council in the United States is the principal forum used by the President for considering national security and foreign policy matters with his senior national security advisors and Cabinet officials and is part of the Executive Office of the President of the...
, the Office of Management and Budget, the
Council of Economic AdvisersThe Council of Economic Advisers is a group of three respected economists who advise the President of the United States on economic policy. It is a part of the Executive Office of the President of the United States, and provides much of the economic policy of the White House...
, the
Office of the U.S. Trade RepresentativeThe Office of the United States Trade Representative is the United States government agency responsible for developing and recommending United States trade policy to the President of the United States, conducting trade negotiations at bilateral and multilateral levels, and coordinating trade...
, the
Office of National Drug Control PolicyThe White House Office of National Drug Control Policy , a former cabinet level component of the Executive Office of the President of the United States, was established in 1988 by the Anti-Drug Abuse Act...
and the
Office of Science and Technology PolicyThe Office of Science and Technology Policy is an office in the Executive Office of the President , established by Congress on May 11, 1976 with a broad mandate to advise the President on the effects of science and technology on domestic and international affairs.The director of this office is...
. The employees in these United States government agencies are called
federal civil servantsIn the United States, the civil service was established in 1872. The Federal Civil Service is defined as "all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services." . In the early 19th century,...
.
There are also
independent agenciesIndependent agencies of the United States federal government are those agencies that exist outside of the federal executive departments...
such as the
United States Postal ServiceThe United States Postal Service is an independent agency of the United States government responsible for providing postal service in the United States. It is one of the few government agencies explicitly authorized by the United States Constitution. Within the United States, it is commonly...
, the
National Aeronautics and Space AdministrationThe National Aeronautics and Space Administration is an agency of the United States government, responsible for the nation's public space program. NASA was established by the National Aeronautics and Space Act on July 29, 1958, replacing its predecessor, the National Advisory Committee for...
(NASA), the
Central Intelligence AgencyThe Central Intelligence Agency is a civilian intelligence agency of the United States government.It is an independent agency responsible for providing national security intelligence to senior United States policymakers....
(CIA), the
Environmental Protection AgencyThe U.S. Environmental Protection Agency is an agency of the federal government of the United States charged to regulate chemicals and protect human health by safeguarding the natural environment: air, water, and land...
, and the
United States Agency for International DevelopmentThe United States Agency for International Development is the United States federal government organization responsible for most non-military foreign aid...
. In addition, there are
government-owned corporationA government-owned corporation, state-owned enterprise, or government business enterprise is a legal entity created by a government to undertake commercial activities on behalf of an owner government, and are usually considered to be an element or part of the state...
s such as the
Federal Deposit Insurance CorporationThe Federal Deposit Insurance Corporation is a United States government corporation created by the Glass-Steagall Act of 1933. It provides deposit insurance, which guarantees the safety of deposits in member banks, currently up to $250,000 per depositor per bank...
and the National Railroad Passenger Corporation.
By law, each agency must submit an annual Section 300 report to the President's Office of Management and Budget. This is part of a larger set of more extensive annual requirements called Circular A-11. Section 300 specifically covers planning, budgeting, acquisition, and management of capital assets. The details on how agencies collect and share information and how they are upgrading and improving their information technology decisions are becoming increasingly important. Within Section 300 there is a special exhibit called Exhibit 53 which gives extensive details on agency information technology investments. These investments make up most of the information technology investments from the annual budgets. For the fiscal year 2008's budget, that spending exceeds
$The United States dollar is the unit of currency of the United States. The U.S. dollar is normally abbreviated as the dollar sign, $, or as USD or US$ to distinguish it from other dollar-denominated currencies and from others that use the $ symbol. It is divided into 100 cents .The U.S...
66.4 billion.
Judicial branch
The
Supreme CourtThe Supreme Court of the United States is the highest judicial body in the United States, and leads the federal judiciary. It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed with the "advice and consent" of the Senate...
is the highest court in the federal court system. The court deals with matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and can declare legislation or executive action made at any level of the government as
unconstitutionalJudicial review in the United States refers to the power of a court to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the constitution itself....
, nullifying the law and creating
precedentIn common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body utilizes when deciding subsequent cases with similar issues or facts.-Binding precedent:...
for future law and decisions. Below the Supreme Court are the
courts of appealsThe United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, and below them in turn are the
district courtsThe 94 United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
, which are the general trial courts for federal law.
Separate from, but not entirely independent of, this federal court system are the individual court systems of each state, each dealing with its own laws and having its own court rules and procedures.
The
supreme court of each stateIn the United States, the state supreme court is the highest state court in the state court system.Generally, the state supreme court is exclusively for hearing appeals of legal issues. It does not make any finding of facts, and thus holds no trials...
is the final authority on the interpretation of that state's laws and constitution. A case may be appealed from a state court to the U.S. Supreme Court only if there is a
federal questionFederal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject-matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution or law of the United...
(an issue arising under the U.S. Constitution, or laws/treaties of the United States). The relationship between federal and state laws is extremely complex and confusing as a result of the unique nature of American federalism. For example, a state supreme court 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 circuit in which the state sits, or even the federal district courts located in the state. Conversely, a federal district court hearing a matter involving only a question of state law (usually through
diversity jurisdictionIn the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction in civil procedure in which a United States district court has to hear a civil case because the persons that are parties are "diverse" in citizenship, which generally indicates that they are citizens...
) must apply the substantive law of the state in which the court sits, as if the federal court were a court of that state (but at the same time, the case is heard under the
Federal Rules of Civil ProcedureThe Federal Rules of Civil Procedure are rules governing civil procedure in United States district courts, that is, court procedures for civil suits. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then approved by the United States Congress...
instead of local rules, which may be quite different). Together the laws of the federal and state governments form
U.S. lawThe law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
.
The federal judiciary consists of the U.S. Supreme Court, whose justices are appointed for life by the President and confirmed by the Senate, and various "lower" or "inferior courts," among which are the courts of appeals and district courts.
The
first CongressThe 1st United States Congress, consisting of the United States Senate and the United States House of Representatives, met from March 4, 1789 to March 3, 1791, during the first two years of George Washington's presidency, first at Federal Hall at 26 Wall Street in New York City and later at...
divided the nation into
judicial districtsFor purposes of the federal judicial system, Congress has divided the United States into judicial districts. There is at least one district in each state, and many states are divided into more than one. Some districts are further divided into divisions, and some districts and some divisions have...
and created federal courts for each district. From that beginning has evolved the present structure: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress retains the power to create and abolish federal courts, as well as to determine the number of judges in the federal judiciary system. It cannot, however, abolish the Supreme Court.
There are three levels of federal courts with
general jurisdiction, meaning that these courts handle criminal cases and civil law suits between individuals. The other courts, such as the
bankruptcy courtsUnited States bankruptcy courts are federal courts that have subject-matter jurisdiction over bankruptcy cases. Bankruptcy cases cannot be filed in state court. Each of the 94 federal judicial districts handles bankruptcy matters...
and the tax court, are specialized courts handling only certain kinds of cases. The bankruptcy courts are branches of the district courts, but technically are not considered part of the "
Article IIIArticle Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States along with lower federal courts established pursuant to legislation by Congress....
" judiciary because their judges do not have lifetime tenure. Similarly, the tax court is not an Article III court.
The U.S. district courts are the "trial courts" where cases are filed and decided. 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. The Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts (on constitutional matters), as well as having
original jurisdictionThe original jurisdiction of a court is the right to hear a case for the first time as opposed to appellate jurisdiction when a court has the right to review a lower court's decision...
over a very small number of cases.
The judicial power extends to cases arising under the Constitution, an
Act of CongressAn act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States and the Philippines....
, or a U.S.
treatyA treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as: agreement, protocol, covenant, convention, exchange of letters, etc...
; cases affecting
ambassadorAn ambassador is the highest ranking diplomat who represents their country. They are usually accredited to a foreign sovereign or government, or to an international organization, to serve as the official representative of their country....
s,
ministerDiplomatic rank is the system of professional and social rank used in the world of diplomacy and international relations. Over time it has been formalized on an international basis.-Ranks:...
s, and
consulThe title Consul is used for the official representatives of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the people of the country to whom he or she is...
s of foreign countries in the U.S.; controversies in which the U.S. government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases. The
Eleventh AmendmentThe Eleventh Amendment to the United States Constitution, which was passed by the Congress on March 4, 1794 and was ratified on February 7, 1795, deals with each state's sovereign immunity from being sued in federal court by someone of another state or country. This amendment was adopted in...
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. 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 jurisdictionIn the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction in civil procedure in which a United States district court has to hear a civil case because the persons that are parties are "diverse" in citizenship, which generally indicates that they are citizens...
, state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved to the state courts (for example, those arising from the
Telephone Consumer Protection Act of 1991The Telephone Consumer Protection Act of 1991 was passed by the United States Congress in 1991 and signed into law by President George H. W. Bush as Public Law 102-243, amending the Communications Act of 1934. The current version of the statute is found principally at . The TCPA is the primary...
). Both court systems thus have
exclusive jurisdictionIn civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
in some areas and
concurrent jurisdictionConcurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their lawsuit heard in the court that they perceive will be most favorable to them.In the United...
in others.
The Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behaviour"; in practice, this usually means they serve until they die, retire, or resign. A judge who commits an offence while in office may be
impeachedImpeachment is the first of two stages in a specific process for a legislative body to consider whether or not to forcibly remove a government official from office. The impeachment itself brings the charges against the official...
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 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.
Elections and votings
SuffrageThe issue of voting rights in the United States has been contentious over the country's history. Eligibility to vote in the U.S. is determined by both Federal and state law. Currently, only citizens can vote in U.S. elections . Who is a citizen is governed on a national basis by Federal law...
, commonly 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
senatorThe United States Senate is the upper house of the bicameral United States Congress, the lower house being the House of Representatives. The composition and powers of the Senate and the House are established in Article One of the U.S. Constitution . Each U.S state is represented by two senators,...
s representing each state in the U.S. Senate were chosen by a majority vote of the state legislature. Since the ratification of the
Seventeenth AmendmentThe Seventeenth Amendment to the United States Constitution was passed by the Senate on June 12, 1911, the House of Representatives on May 13, 1912, and ratified by the states on April 8, 1913...
in 1913, members of both houses of Congress have been directly elected.
Today, partially due to the
Twenty-sixth AmendmentThe Twenty-sixth Amendment to the United States Constitution standardized the voting age to 18. It was adopted in response to student activism against the Vietnam War and to partially overrule the Supreme Court's decision in Oregon v. Mitchell. It was adopted on July 1, 1971.-Text:-Background:In...
, U.S. citizens have almost
universal suffrageUniversal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and noncitizens...
from the age of 18, regardless of race, gender, or wealth, and both Houses of Congress are directly elected. The only exception to this is the
disenfranchisement of convicted felonsFelony disenfranchisement is the term used to describe the practice of prohibiting people from voting based on the fact that they have been convicted of a felony. It therefore restricts universal suffrage; the legitimacy of this is a matter of some controversy.- History :The roots of felony...
, and in some states former felons as well.
Currently, the national representation of territories and the federal district of
Washington, D.C.Washington, D.C. , formally the District of Columbia and commonly referred to as Washington, the District, or simply D.C., is the capital of the United States, founded on July 16, 1790...
, in Congress is
limitedVoting rights of citizens in the District of Columbia differ from those of United States citizens in each of the 50 states. D.C. residents do not have voting representation in the United States Senate, but D.C. is entitled to three electoral votes for President. In the U.S...
: residents of the District of Columbia are subject to federal laws and federal taxes, but their only congressional representative is a
non-voting delegateA Delegate to Congress is a non-voting member of the United States House of Representatives who is elected from a U.S. territory or from Washington, D.C. to a two-year term. While unable to vote in the full House, a non-voting Delegate may vote in a House committee of which the Delegate is a member...
. Residents of U.S. territories have varying rights; for example, residents of
Puerto RicoPuerto Rico , officially the Commonwealth of Puerto Rico , is a self-governing unincorporated territory of the United States located in the northeastern Caribbean, east of the Dominican Republic and west of the Virgin Islands...
do not pay federal income taxes (though they must pay all other federal taxes, including import/export taxes, federal commodity taxes, and federal
payroll taxPayroll tax generally refers to two kinds of taxes: Taxes which employers are required to withhold from employees' pay, also known as withholding, Pay-As-You-Earn or Pay-As-You-Go tax; and taxes which are paid from the employer's own funds and which are directly related to employing a worker,...
es (including
Social SecuritySocial Security in the United States currently refers to the federal Old-Age, Survivors, and Disability Insurance program....
and
MedicareMedicare is a social insurance program administered by the United States government, providing health insurance coverage to people who are aged 65 and over, or who meet other special criteria. The medicare program also funds residency training programs for the vast majority of physicians in the...
), and a few residents, including all federal employees, must also pay
federal income taxesThe federal government of the United States imposes a progressive tax on the taxable income of individuals, partnerships, companies, corporations, trusts, decedents' estates, and certain bankruptcy estates. Some state and municipal governments also impose income taxes. The first Federal income tax...
), but cannot vote for President and have no voting representatives in Congress.
State, tribal, and local governments
The state governments tend to have the greatest influence over most Americans' daily lives. The
Tenth Amendment to the United States ConstitutionThe Tenth Amendment of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
guarantees their general plenary powers, versus the limited enumerated powers possessed by the federal government; as a result, they handle the majority of issues most relevant for most individuals within their jurisdiction. Because state governments lack the power to print currency, they must raise revenue either through taxes or bonds (both of which are politically unpopular). As a result, state governments tend to impose severe budget cuts at any time the economy is faltering, which are strongly felt by the public they are responsible for.
Each state has its own written constitution, government, and code of laws. There are sometimes great differences in law and procedure between individual states, concerning issues such as property, crime, health, and education. The highest elected official of each state is the Governor. Each state also has an elected state legislature (
bicameralismIn government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses. Bicameralism is an essential and defining feature of the classical notion of mixed...
is a feature of every state except
NebraskaNebraska is a state located on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha....
), whose members represent the voters of the state. Each state maintains its own
state courtIn the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. Cases are heard before and evidence is presented in a trial court, which is usually located in a courthouse in the county seat...
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. GeorgiaWorcester v. Georgia, 31 U.S. 515 , was a case in which the United States Supreme Court held that Cherokee Native Americans were entitled to federal protection from the actions of state governments which would infringe on the tribe's sovereignty.-The Case:Georgia law required all whites living in...
,
Indian tribes are considered "domestic dependent nations" that operate as
sovereignTribal sovereignty refers to the inherent authority of indigenous tribes to govern themselves. At the foundation of the constitutional status of tribes is the idea that tribes have an inherent right to govern themselves—the power is not delegated by congressional acts. Congress can, however, limit...
governments subject to federal authority but, generally and where possible, outside of the influence of state governments. Hundreds of laws, executive orders, and court cases have modified the governmental status of tribes
vis-à-visVis-à-vis in English most commonly means "with regard to" or "in relation to"....
individual states, but the two have continued to be recognised as separate bodies. Tribal capacity to operate robust governments varies, from a simple council used to manage all aspects of tribal affairs, to large and complex bureaucracies with several branches of government. Tribes are empowered to form their own governments, with power resting in elected tribal councils, elected tribal chairpersons, or religiously appointed leaders (as is the case with
puebloPueblos are traditional communities of Native Americans in the southwestern United States of America. The communities are recognized worldwide for their adobe buildings, which are sometimes called "pueblos"...
s). Tribal citizenship (and voting rights) is generally restricted to individuals of native descent, but tribes are free to set whatever membership requirements they wish.
The institutions that are responsible for local government in states are typically town, city, or county boards, water management districts, fire management districts, library districts, and other similar governmental units which make laws that affect their particular area. These laws concern issues such as traffic, the sale of alcohol, and the keeping of animals. The highest elected official of a town or city is usually the mayor. In
New EnglandNew England is a region of the United States. It is located at the northeastern corner of the US, bordered by the Atlantic Ocean, Canada and the state of New York, consisting of the modern U.S...
, towns operate in a
direct democraticDirect democracy, classically termed pure democracy, comprises a form of democracy and theory of civics wherein sovereignty is lodged in the assembly of all citizens who choose to participate...
fashion, and in some states, such as
Rhode IslandRhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
and
ConnecticutConnecticut is a state in the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and New York to the west and south ....
, counties have 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 enforcementLaw enforcement in the United States is one of three major components of the criminal justice system, along with courts and corrections. Although there exists an inherent interrelatedness between the different groups that make up the criminal justice system based on their crime deterrence purpose,...
agencies.
See also
President
- Cabinet
The United States Cabinet is composed of the most senior appointed officers of the executive branch of the federal government of the United States...
- Executive order
- Federal Executive Departments
The United States federal executive departments are among the oldest primary units of the executive branch of the federal government of the United States—the Departments of State, War, and the Treasury all being established within a few weeks of each other in 1789.The heads of the federal...
- President's Executive Office
The Executive Office of the President consists of the immediate staff of the President of the United States, as well as multiple levels of support staff reporting to the President. The EOP is headed by the White House Chief of Staff, currently Rahm Emanuel.-History:In 1939, during Franklin D...
Courts
- Bankruptcy courts
United States bankruptcy courts are federal courts that have subject-matter jurisdiction over bankruptcy cases. Bankruptcy cases cannot be filed in state court. Each of the 94 federal judicial districts handles bankruptcy matters...
- Courts of appeals
- District courts
The 94 United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
- Federal courts
The United States federal courts comprises the Judiciary Branch of government organized under the Constitution and laws of the federal government of the United States...
- Federal judicial circuit
Congress has divided the United States into a number of judicial circuits, each of which includes several District Courts and a Court of Appeals to decide appeals from cases decided in the district courts within the circuit....
- Federal judicial district
For purposes of the federal judicial system, Congress has divided the United States into judicial districts. There is at least one district in each state, and many states are divided into more than one. Some districts are further divided into divisions, and some districts and some divisions have...
- Supreme Court
The Supreme Court of the United States is the highest judicial body in the United States, and leads the federal judiciary. It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed with the "advice and consent" of the Senate...
Law
- Constitution
The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States...
- Governmental designations for places
- U.S. Code
The United States Code is a compilation and codification of the general and permanent federal law of the United States. It contains 50 titles and is published every six years by the Office of the Law Revision Counsel of the US House of Representatives.- Codification process :The official text of...
- U.S. Law
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
Agencies
- Most agencies are executive, but a few are legislative or judicial.
States and territories
- Political divisions
The political units and divisions of the United States include:*The 50 states , which are typically divided into counties and sometimes townships, and further divided into incorporated cities, towns, villages, and other types of municipalities, and other autonomous or subordinate public authorities...
- U.S. state
A U.S. state is any one of 50 federated states of the United States of America that share sovereignty with the federal government . Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile...
s
- U.S. territory
United States territory is any extent of region under the jurisdiction of the federal government of the United States, including all waters . The United States has traditionally proclaimed the sovereign rights for exploring, exploiting, conserving, and managing its territory...
Comparison
- Comparison of United States and British governments
Web site and works
- U.S. Government Web Portal for Businesses
Business.gov is the official business link to the U.S. Government. Business.gov is managed by the U.S. Small Business Administration in a partnership with 21 other federal agencies. This partnership, known as Business Gateway, serves as an incubator of technologies designed to improve the...
- U.S. Government Web Portal for Citizens
USA.gov is the official web portal of the United States Government. It is designed to improve the public’s interaction with the U.S. Government by quickly directing website visitors to the services or information they are seeking. USA.gov links to every Federal agency and to State, local, and...
- Copyright status of work by the U.S. government
External links