Guide To United States Law & Government

Introduction

The federal government of the United States of America is the body that carries out the roles assigned to the federation of individual states established by the Constitution of the United States.  The federal government has three branches: the executive, legislative, and judicial.  Through a system of separation of powers or "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.  In addition, the powers of the federal government as a whole are limited by the Constitution, which leaves a great deal of authority to the individual states.

Legislative Branch

The United States Congress is the legislative branch of the federal government.  It is bicameral, comprised of the House of Representatives and the Senate.  The House of Representatives consists of 435 members, each of whom represents a congressional district and serves for a two-year term. House seats are apportioned among the states by population; in contrast, each state has two Senators, regardless of population.  There are a total of 100 senators (as there are currently 50 states), who serve six-year terms (one third of the Senate stands for election every two years). Each congressional chamber (House or Senate) has particular exclusive powers—the Senate must give "advice and consent" to many important Presidential appointments, and the House must introduce any bills for the purpose of raising revenue. However, the consent of both chambers is required to make any law.  The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people.  The Constitution also includes the "necessary-and-proper clause", which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers."  Members of the House and Senate are elected by first-past-the-post voting in every state except Louisiana and Washington, which have runoffs.

Executive Branch

The Executive branch consists of the President of the United States and his delegates.  The President is both the head of state and head of government, as well as the military commander-in-chief and chief diplomat.  The President, according to the Constitution, must "take care that the laws be faithfully executed."  He presides over the executive branch of the federal government, a vast organization numbering about 4 million people, including 1 million active-duty military personnel.  In addition, the President has important legislative and judicial powers. Within the executive branch itself, the President has broad constitutional powers to manage national affairs and the workings of the federal government, and may issue executive orders to affect internal policies.

The President may sign or veto legislation passed by Congress.  He may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for "treason, bribery, or other high crimes and misdemeanors."  The President may not dissolve Congress or call special elections, but does have the power to pardon criminals convicted of offenses against the federal government, enact executive orders, and (with the consent of the Senate) appoint Supreme Court justices and federal judges.

Judicial Branch

The highest court is the Supreme Court of the United States. 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 unconstitutional, nullifying the law and creating precedent for future law and decisions. Below the Supreme Court are the courts of appeals, and below them in turn are the district courts, which are the general trial courts for federal law.

The supreme court of each state 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 question (an issue arising under the U.S. Constitution, or laws/treaties of the United States).  The relationship between federal and state laws is quite complex; together, they form the law of the United States.  The federal judiciary consists of the Supreme Court of the United States, whose justices are appointed for life by the President and confirmed by the Senate, and various "lower" or "inferior courts," among which are the United States Courts of Appeals and the United States District Courts.

The Fifty States

A U.S. state is any one of the fifty subnational entities of the United States, although four states use the official title "commonwealth". The separate state governments and the federal government share sovereignty, in that an American is a citizen both of the federal entity and of his or her state of domicile. However, state citizenship is very flexible, and no government approval is required to move between states (with the exception of convicts on parole).

The United States Constitution allocates power between the two levels of government in general terms. By ratifying the Constitution, each state transfers certain sovereign powers to the federal government and agrees to share other powers. Under the Tenth Amendment, all powers not explicitly transferred or shared are retained by the states and the people. Historically, the tasks of public education, public health, transportation and other infrastructure have been considered primarily state responsibilities, although all have significant federal funding and regulation as well.

Over time, the Constitution has been amended, and the interpretation and application of its provisions have changed. The general tendency has been toward centralization, with the federal government playing a much larger role than it once did. There is a continuing debate over "states' rights," which concerns the extent and nature of the powers that the states have given to the federal government.

Federal vs. State Governments

The first type of government in America was based primarily on state government. Prior to the signing of the Constitution, America had been made up of thirteen colonies, which had been ruled by England. Following the Revolutionary War, these colonies, although they had formed a league of friendship under the Articles of Confederation, basically governed themselves. They feared a strong central government like the one they lived with under England's rule. However, it was soon discovered that this weak form of state government could not survive and so the Constitution was drafted. The Constitution:

• defines and limits the power of the national government,
• defines the relationship between the national government and individual state governments, and
• guarantees the rights of the citizens of the United States.

This time, it was decided that a government system based on federalism would be established. In other words, power is shared between the national and state (local) governments. The opposite of this system of government is a centralized government, such as in France and Great Britain, where the national government maintains all power.

Sharing power between the national government and state governments allows us to enjoy the benefits of diversity and unity. For example, the national government may set a uniform currency system. Could you imagine having 50 different types of coins, each with a different value? You would need to take along a calculator to go shopping in another state. By setting up a national policy, the system is fair to everyone and the states do not have to bear the heavy burden of regulating their currency.

On the other hand, issues such as the death penalty have been left up to the individual states. The decision whether or not to have a death penalty, depends on that state's history, needs, and philosophies.

General Powers of State & Federal Governments

In addition to their exclusive powers outlined below, both the national government and state governments share powers. Shared powers between the national government and state governments are called concurrent powers. Current powers of the national government and state governments include the ability to:

Collect taxes
Build roads
Borrow money
Establish courts
Make and enforce laws
Charter banks and corporations
Spend money for the general welfare
Take private property for public purposes, with just compensation

Exclusive Power of Federal Government

Print money
Regulate interstate (between states) and international trade
Make treaties and conduct foreign policy
Declare war
Provide an army and navy
Establish post offices
Make laws necessary and proper to carry out the these powers

Exclusive Power of State Governments

Issue licenses
Regulate intrastate (within the state) businesses
Conduct elections
Establish local governments
Ratify amendments to the Constitution
Take measures for public health and safety
May exert powers the Constitution does not delegate to the national government or prohibit the states from using

Powers Denied to Federal & State Governments

In addition, neither the national government nor state governments may:

Grant titles of nobility
Permit slavery (13th Amendment)
Deny citizens the right to vote due to race, color, or previous servitude (15th Amendment)
Deny citizens the right to vote because of gender (19th Amendment)

Powers Denied to Federal Government

May not violate the Bill of Rights
May not impose export taxes among states
May not use money from the Treasury without the passage and approval of an appropriations bill
May not change state boundaries

Powers Denied to State Governments

May not enter into treaties with other countries
May not print money
May not tax imports or exports
May not Impair obligations of contracts
May not suspend a person's rights without due process