Branches of Government

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1 What is a congressional standing committee? Both houses of Congress have permanent committees that essentially act as subject matter experts on legislation. Both the Senate and House have similar committees. While both houses of Congress have different procedures for introducing new legislation, once introduced, the legislation is assigned to the appropriate standing committee for research and evaluation. If appropriate, the committee members will make amendments, and the legislation will eventually be introduced for a vote before the respective congressional house. Standing committees also have the authority to research and propose bills on their own initiative (Mott, 2005). Standing committees also have oversight responsibilities and are tasked with identifying problems such as waste and fraud within federal agencies and the executive branch. Within the 110th Congress, the House has 20 standing committees (Committee Offices, n.d.) and the Senate has 20 (Committees, n.d.). Examples of standing committees include the following: Budget Armed Services Commerce International Relations Homeland Security Banking and Financial Services Members of the executive branch, including cabinet-level officials, may be called before House and Senate committees and subcommittees. Both houses of Congress also have joint committees, which are composed of members of both the house and senate. These committees are the Joint Committee on Taxation, Joint Economic Committee, Joint Committee on Printing, and Joint Committee on the Library of Congress. These committees mainly oversee administrative functions. What are some of the powers of the president? Section 3 of Article II provides that the president, as the chief executive officer, is the enforcer of the laws of the United States. The president also serves as the head of state, and must give a State of the Union address each year. This report is made to Congress on the state of national affairs, major domestic issues, and the vision the president sees for the country. The president is also the chief diplomat and represents America abroad. During a major crisis or tragic events in the United States, such as the Oklahoma City Bombing, the September 11, 2001 terrorist 1

2 attacks, or Hurricane Katrina, people look to the president for comfort, reassurance, and guidance (Ragone, 2004, p. 104). The president can also propose legislation to Congress and lobby Congressional members on key votes (Ragone, 2004, p. 102). The president also serves as commander in chief of the armed forces. What is a bureaucracy? A bureaucracy is a system of organization known for its size and complexity of operation (American Government, 2007). Unfortunately, bureaucracies are also known for being very slow and sometimes not effective. The primary purpose of the bureaucracy is to implement and administer the laws and policies passed by Congress and the president. Bureaucracies accomplish this by establishing programs and creating rules and regulations. They must also create the means to deliver services and benefits (Ragone, 2004, p. 134). "Everything within a bureaucracy responsibilities, jobs, and assignments exists to achieve some goal" (American Government, 2007). Bureaucracies are found at every level of government, including federal, state, county, and municipal. What is the president s cabinet? Article II, Section 2 of the Constitution establishes that the president may appoint cabinet members to advise him or her on various important subjects. The cabinet includes the vice president and the heads of the following 15 executive departments (President Bush s Cabinet, n.d.): Department of State Department of Homeland Security Department of Defense Department of Housing and Urban Development Department of Transportation Department of the Interior Department of Labor Department of Veterans Affairs Department of Education Department of Energy Department of Health and Human Services Department of Commerce Department of Agriculture Department of Treasury Department of Justice 2

3 One of the first important tasks a new president must attend to is nominating cabinet appointees. The members of the cabinet are nominated by the president and confirmed by the Senate. Appointees are normally longtime friends, people from the campaign, former elected officials, and experts from the private sector (Ragone, 2004, p ). Overall, they are considered to be advisors to the president. Except for the attorney general, each cabinet official is given the title of secretary after he or she is confirmed by the Senate. The agencies they run are responsible for implementing and carrying out the many objectives of the executive branch. What is an executive order? Executive orders are legally binding orders given by the president to federal administrative agencies. Executive orders are generally used to direct federal agencies and officials in the execution of their duties. Article II, Section 1, of the Constitution gives the president authority to issue executive orders through executive power (U.S. CONST. art. 11, 1). Likewise, Article II, Section 3, gives the president the authority to "take Care that the Laws be faithfully executed" (U.S. CONST. art. 11, 3). These executive orders do not require congressional approval, but they have the same legal effect as laws passed by Congress. If Congress does not like an executive order, it will need a two-thirds majority to override it. Executive orders can also be challenged in court. When challenged, the court must determine if the executive order "deviates from 'congressional intent' or exceeds the President's constitutional powers" (Mott, 2005). For more information about executive orders and other presidential documents dating back to 1826, visit the U.S. President Project at What is the Judiciary Act? The Judiciary Act of 1789 was one of the first acts passed by Congress. The Act represents a compromise between the Federalist need for a strong national government and the Anti-Federalist concern over state rights (Ragone, 2004, p. 142). For example, the Judiciary Act established the federal court system and divided the states into 13 districts. The Act also guarantees that a defendant is tried in the district in which he or she lives (Judiciary Act of 1789). It also provides that any action brought against a citizen must be tried by a jury, and the jury selection in federal court must be consistent with the jury selection method of the state in which the district is located (Judiciary Act of 1789). What is judicial review? 3

4 Judicial review is one of the most powerful functions of the judiciary branch and serves as a true check and balance of the other branches. The judiciary branch has the power to declare acts of the legislative branch and executive branch unconstitutional. The judiciary branch can also declare a federal or state act unconstitutional and may also limit federal or state government action. State courts also play a role because they may invalidate a state action that violates the federal Constitution or state constitution. Last, through judicial review, the judiciary branch can resolve disputes between state and federal entities. This authority is not directly stated in the Constitution. It was formulated through a series of Supreme Court decisions; the most famous is Marbury v. Madison (1803). The Supreme Court ruled that the Constitution implicitly grants to the Supreme Court the "power to invalidate any law that, in the Court's opinion, violates the Constitution" (Judicial Review, n.d.). There are several famous Supreme Court cases in which the Supreme Court settled controversies by judicial review. Some of the more well-known cases are the following: Brown v. Board of Education (1954): The Supreme Court eradicated school segregation. Bush v. Gore (2000): The Supreme Court had to determine the validity of the 2004 presidential election. Jones v. Clinton (1997): The Supreme Court ruled that Paula Jones could sue President Clinton for sexual harassment committed when he was governor of Arkansas. What other federal courts are there? There are several special federal courts that concentrate in one specific area. The title of the court explains the jurisdiction (Our American Government, 2000): U.S. Court of Appeals for the Armed Forces reviews court-martial convictions of the military. U.S. Court of Federal Claims hears claims against the United States. Tax Court hears disputes regarding taxes. Court of Veterans Appeals reviews decisions of the Board of Veterans Appeals. Do courts make laws? America's laws come from several sources: the U.S. Constitution, federal law, state constitutions, and state law. Additionally, both the federal and state courts make laws through their rulings. These rulings are known as case law or common law. 4

5 Common law is established law that other courts in the same jurisdiction follow as precedent. The big difference between state and federal statutory law and common law is that state and federal laws are fixed and subject to interpretation. Common law will evolve and change over time as public sentiment, societal values, and the particular circumstances of a case change. How many courts of appeals are there? There are 13 judicial circuits, and each has a court of appeals. The smallest court is the First Circuit with six judgeships, and the largest court is the Ninth Circuit, with 28 judgeships. The judgeships are divided as follows (28 U.S.C. 41): District of Columbia: District of Columbia First: Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island Second: Connecticut, New York, and Vermont Third: Delaware, New Jersey, Pennsylvania, and the Virgin Islands Fourth: Maryland, North Carolina, South Carolina, Virginia, and West Virginia Fifth: District of the Canal Zone, Louisiana, Mississippi, and Texas Sixth: Kentucky, Michigan, Ohio, and Tennessee Seventh: Illinois, Indiana, and Wisconsin Eighth: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota Ninth: Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington, Guam, and Hawaii Tenth: Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming Eleventh: Alabama, Florida, and Georgia Federal: All federal judicial districts References American government. (2007). Retrieved August 29, 2007, from CliffsNotes Web site: ,articleId25103.html Committee offices. (n.d.). Retrieved August 20, 2007, from United States House of Representatives Web site: 5

6 Committees. (n.d.). Retrieved August 20, 2007, from United States Senate Web site: rs/committees_home.htm Judiciary Act of 1789, 11, 1 Stat. 73. Judiciary and Judicial Procedure, 28 U.S.C. 41 (2000). Judicial review. (n.d.). Retrieved August 25, 2007, from The Constitution Center Web site: eview.shtml Mott, J. (2005). Congress. Retrieved August 20, 2007, from ThisNation.com's Online American Government & Politics Textbook Web site: Mott, J. (2005). What is an executive order? Retrieved August 20, 2007, from ThisNation.com Web site: Our American Government. (2000). Retrieved August 28, 2007, from the U.S. Department of State International Information Programs Web site: President Bush's cabinet. (n.d.). Retrieved August 21, 2007, from The White House Web site: Ragone, N. (2004). The Everything American government book. Cincinnati, OH: Adams Media. 6

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