THE CABINET
(All departments are headed by a
secretary, except the Justice Department, which is headed by the attorney
general.)
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THE DEPARTMENT OF AGRICULTURE:
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Created in 1862
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THE DEPARTMENT OF COMMERCE:
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Created in 1903. The Department of
Commerce and Labor split into two separate departments in 1913.
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THE DEPARTMENT OF DEFENSE:
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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.
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THE DEPARTMENT OF EDUCATION:
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Created in 1979. Formerly part of
the Department of Health, Education and Welfare.
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THE DEPARTMENT OF ENERGY:
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Created in 1977.
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THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES:
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Created in 1979, when the
Department of Health, Education and Welfare (created in 1953) was split into
separate entities.
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THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT:
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Created in 1965.
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THE DEPARTMENT OF THE INTERIOR:
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Created in 1849
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THE DEPARTMENT OF JUSTICE:
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Created in 1870. Between 1789 and
1870, the attorney general was a member of the Cabinet, but not the
head of a department.
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THE DEPARTMENT OF LABOR:
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Created in 1913
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THE DEPARTMENT OF STATE:
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Created in 1789.
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THE DEPARTMENT OF TRANSPORTATION:
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Created in 1966.
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THE
DEPARTMENT OF THE TREASURY:
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Created in 1789
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THE
DEPARTMENT OF VETERANS AFFAIRS:
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Created in 1988. Formerly the
Veterans Administration, now elevated to Cabinet level
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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
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
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 spawned some 300 subcommittees.
Almost 25,000 persons help with research, information-gathering and analyses of
problems and programs in Congress. Recently, during one week of hearings,
committee and subcommittee members discussed topics ranging from financing of
television broadcasting to the safety of nuclear plants to international
commodity agreements.
And
what do ail these "little legislatures" actually do? After all the
facts are gathered, the committee decides whether to report a new bill
favorably or with a recommendation that it be passed with amendments.
Sometimes, the bill will be set aside, or tabled, which effectively ends its
consideration. When bills are reported out of committee and passed by the full
House or Senate, however, another committee goes into action, ironing out any
differences between the House and Senate versions of the same bill. This
"conference committee, " consisting of members of both houses,
completes a bill to all members' satisfaction, then sends it to the House and
Senate floors for final discussion and a vote. If passed, the bill goes to the
president for his signature.
Congressional
committees are vital because they do the nuts-and-bolts job of weighing the
proposals, hammering them into shape or killing them completely. They continue
to play a large part in the preparation and consideration of laws that will
help shape the United States in its third century.
STANDING,
OR PERMANENT, COMMITTEES OF CONGRESS
|
HOUSE
|
SENATE
|
Agriculture
Appropriations
Armed Services
Banking, Finance and Urban
Affairs
Budget
District of Columbia
Education and Labor
Energy and Commerce
Foreign Affairs
Government Operations
House Administration
Interior and Insular Affairs
Judiciary
Merchant
Marine and Fisheries
Post
Office and Civil Service
Public
Works and Transportation
Rules
Science,
Space and Technology
Small
Business
Standards of Official Conduct
Veterans' Affairs
Ways and Means
|
Agriculture,
Nutrition and Forestry
Appropriations
Armed
Services
Banking. Finance and Urban
Affairs
Budget
Commerce,
Science and Transportation
Energy
and Natural Resources
Environment
and Public Works
Finance
Foreign Relations
Governmental Affairs
Judiciary
Labor and Human Resources
Rules and Administration
Small Business
Veterans' Affairs
|
OFFICERS OF THE CONGRESS
The Constitution provides that the vice
president shall be president of the Senate. He or she has no vote, except in
the case of a tie. The Senate chooses a president pro tempore to preside
when the vice president is absent. The House of Representatives chooses its
own presiding officer—the speaker of the House. The speaker and the president
pro tempore are always members of the political party with the largest
representation in each house.
At the beginning of
each new Congress, members of the political parties select floor leaders and
other officials to manage the flow of proposed legislation. These officials,
along with the presiding officers and committee chairmen, exercise strong
influence over the making of laws.
THE LAWMAK1NG PROCESS
One of the major characteristics of the
Congress is the dominant role committees play in its proceedings. Committees
have assumed their present-day importance by evolution, not by constitutional
design, since the Constitution makes no provision for their establishment.
At present the
Senate has 16 standing (or permanent) committees: the House of Representatives
has 22. Each specializes in specific areas of legislation: foreign affairs, defense,
banking, agriculture, commerce, appropriations and other fields. Every bill
introduced in either house is referred to a committee for study and
recommendation. The committee may approve, revise, kill or ignore any measure
referred to it. It is nearly impossible for a bill to reach the House or Senate
floor without first winning committee approval. In the House, a petition to
discharge a bill from a committee requires the signatures of 218 members; in
the Senate, a majority of all members is required. In practice, such discharge
motions only rarely receive the required support.
The majority party in each house controls the committee
process. Committee chairmen are selected by a caucus of party members or
specially designated groups of members. Minority parties are proportionally
represented on the committees according to their strength in each house.
Bills are introduced by a variety of methods. Some are drawn
up by standing committees; some by special committees created to deal with
specific legislative issues; and some may be suggested by the president or
other executive officers. Citizens and organizations outside the Congress may
suggest legislation to members, and individual members themselves may initiate
bills. After introduction, bills are sent to designated committees which, in
most cases, schedule a series of public hearings to permit presentation of
views by persons who support or oppose the legislation. The hearing process,
which can last several weeks or months, opens the legislative process to
public participation.
One virtue of the committee system is that
it permits members of Congress and their staffs to amass a considerable degree
of expertise in various legislative fields. In the early days of the republic,
when the population was small and the duties of the federal government narrowly
circumscribed, such expertise was not as important. Each congressman was a
generalist and dealt knowledgeably with all fields of interest. The complexity
of national life today calls for special knowledge, which means that elected
representatives often acquire expertise in one or two areas of public policy.
When
a committee has acted favorably on a bill, the proposed legislation is then
sent to the floor for open debate. In the Senate, the rules permit virtually
unlimited debate. In the House, because of the large number of members, the
Rules Committee usually sets limits. When debate is ended, members vote either
to approve the bill, defeat it, table it—which means setting it aside and is
tantamount to defeat—or return it to committee. A bill passed by one house is
sent to the other for action. If the bill is amended by the second house, a
conference committee composed of members of both houses attempts to reconcile
the differences.
Once passed by both
houses, the bill is sent to the president, for constitutionally the president
must act on a bill for it to become law. The president has the option of
signing the bill—by which it becomes law—or vetoing it. A bill vetoed by the
president must be reapproved by a two-thirds vote of both houses to become law.
The president may
also refuse either to sign or veto a bill. In that case, the bill becomes law
without his signature 10 days after it reaches him (not counting Sundays). The
single exception to this rule is when Congress adjourns after sending a bill to
the president and before the 10-day period has expired; his refusal to take
any action then negates the bill—a process known as the "pocket
veto."
CONGRESSIONAL POWERS OF
INVESTIGATION
One of the most important
nonlegislative functions of the Congress is the power to investigate. This
power is usually delegated to committees—either the standing committees,
special committees set up for a specific purpose, or joint committees composed
of members of both houses. Investigations are conducted to gather information
on the need for future legislation, to test the effectiveness of laws already
passed, to inquire into the qualifications and performance of members and
officials of the other branches, and on rare occasions, to lay the groundwork
for impeachment proceedings. Frequently, committees call on outside experts to
assist in conducting investigative hearings and to make detailed studies of
issues.
There are important
corollaries to the investigative power. One is the power to publicize
investigations and their results. Most committee hearings are open to the
public and are widely reported in the mass media. Congressional investigations
thus represent one important tool available to lawmakers to inform the
citizenry and arouse public interest in national issues. Congressional
committees also have the power to compel testimony from unwilling witnesses,
and to cite for contempt of Congress witnesses who refuse to testify and for
perjury those who give false testimony.
In contrast to European parliamentary
systems, the selection and behavior of U.S. legislators has little to do with
central party discipline. Each of the major American political parties is
basically a coalition of local and state organizations which join together as a
functioning national party—Republican or Democratic—during the presidential
elections at four-year intervals. Thus the members of Congress owe their positions
to their local or state electorate, not to the national party leadership nor to
their congressional colleagues. As a result, the legislative behavior of
representatives and senators tends to be individualistic and idiosyncratic,
reflecting the great variety of electorates represented and the freedom that
comes from having built a loyal personal constituency.
Congress is thus a
collegial and not a hierarchical body. Power does not flow from the top down,
as in a corporation, but in practically every direction. There is only minimal
centralized authority, since the power to punish or reward is slight.
Congressional policies are made by shifting coalitions which may vary from
issue to issue. Sometimes, where there are conflicting pressures—from the White
House and from important economic or ethnic groups—legislators will use the
rules of procedure to delay a decision so as to avoid alienating an influential
sector. A matter may be postponed on the grounds that the relevant committee
held insufficient public hearings. Or Congress may direct an agency to prepare
a detailed report before an issue is considered. Or a measure may be put aside
("tabled") by either house, thus effectively defeating it without
rendering a judgment on its substance.
There are informal
or unwritten norms of behavior that often determine the assignments and
influence of a particular member. "Insiders," representatives and
senators who concentrate on their legislative duties, may be more powerful
within the halls of Congress than "outsiders," who gain recognition
by speaking out on national issues. Members are expected to show courtesy
toward their colleagues and to avoid personal attacks, no matter how extreme or
unpalatable their opponents' policies may be. Members are also expected to
specialize in a few policy areas rather than claim expertise in the whole range
of legislative concerns. Those who conform to these informal rules are more
likely to be appointed to prestigious committees or at least to committees
that affect the interests of a significant portion of their constituents.
OVERSIGHT
POWERS OF CONGRESS
Of the numerous techniques that
Congress has adopted to influence the executive branch, one of the most
effective is the oversight function. Congressional oversight prevents waste and
fraud; protects civil liberties and individual rights; ensures executive
compliance with the law; gathers information for making laws and educating the
public: and evaluates executive performance. It applies to Cabinet departments,
executive agencies, regulatory commissions and the presidency.
Congress' oversight function takes many forms:
—committee inquiries and hearings;
—formal consultations with and
reports from the executive;
—Senate advice and consent for
executive nominations and treaties;
—House impeachment proceedings and
subsequent Senate trials;
—House and Senate proceedings under
the 25th Amendment in the event that the president becomes disabled, or the
office of the vice president falls vacant;
—informal meetings between
legislators and executive officials;
—congressional membership on governmental
commissions; and
—studies by congressional committees
and support agencies such as the Congressional Budget Office, the General
Accounting Office or the Office of Technology Assessment—all arms of Congress.
The oversight
power of Congress has helped to force officials out of office, change policies
and provide new statutory controls over the executive. In 1949, for example,
probes by special Senate investigating subcommittees revealed corruption among
high officials in the Truman administration. This resulted in the
reorganization of certain agencies and the formation of a special White House
commission to study corruption in the government.
The Senate
Foreign Relations Committee's televised hearings in the late 1960s helped to
mobilize opposition to the Vietnam War. Congress' 1973 Watergate investigation
exposed White House officials who illegally used their positions for political
advantage, and the House Judiciary Committee's impeachment proceedings against
President Richard Nixon the following year ended his presidency. Select
committee inquiries in 1975 and 1976 identified serious abuses by intelligence
agencies and initiated new legislation to control certain intelligence
activities.
In 1983,
congressional inquiry into a proposal to consolidate border inspection
operations of the U.S. Customs Service and the U.S. Immigration and
Naturalization Service raised questions about the executive's authority to make
such a change without new legislation. In 1987, oversight efforts disclosed
statutory violations in the executive branch's secret arms sales to Iran and
the diversion of arms profits to anti-government forces in Nicaragua, known as
the contras. Congressional findings resulted in proposed legislation to prevent
similar occurrences.
Oversight power
is an essential check in monitoring the presidency and controlling public
policy.
THE JUDICIAL BRANCH
THE FEDERAL COURT SYSTEM
The third branch of the federal
government, the judiciary, consists of a system of courts spread throughout the
country, headed by the Supreme Court of the United States.
A system of state
courts existed before the Constitution was drafted. There was considerable
controversy among the delegates to the Constitutional Convention as to whether
a federal court system was needed, and whether it should supplant the state
courts. As in other matters under debate, a compromise was reached in which the
state courts were continued while the Constitution mandated a federal
judiciary with limited power. Article III of the Constitution states the basis
for the federal court system:
The judicial
power of the United States shall be vested in one Supreme Court, and such
inferior courts as the Congress may from time to time ordain and establish.
With this guide, the
first Congress divided the nation into districts and created federal courts for
each district. From that beginning has evolved the present structure: the Supreme
Court, 11 courts of appeals, 91 district courts, and three courts of special
jurisdiction. Congress today 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.
The judicial power
extends to cases arising under the Constitution; laws and treaties of the
United States; admiralty and maritime cases; cases affecting ambassadors,
ministers and consuls of foreign countries in the United States; controversies
in which the U.S. government is a party; and controversies between states (or
their citizens) and foreign nations (or their citizens or subjects). The 11th
Amendment removed from federal jurisdiction cases in which citizens of one
state were the plaintiffs and the government of another state was the
defendant. It did not disturb federal jurisdiction in cases in which a state
government is a plaintiff and a citizen of another state the defendant.
The power of the
federal courts extends both to civil actions for damages and other redress,
and to criminal cases arising under federal law. Article III has resulted in a
complex set of relationships between state and federal courts. Ordinarily,
federal courts do not hear cases arising under the laws of individual states.
However, some cases over which federal courts have jurisdiction may also be
heard and decided by state courts. Both court systems thus have exclusive
jurisdiction in some areas and concurrent jurisdiction in others.
The Constitution
safeguards judicial independence by providing that federal judges shall hold
office "during good behavior"—in practice, until they die, retire or
resign, although a judge who commits an offense while in office may be impeached
in the same way as the president or other officials of the federal government.
U.S. judges are appointed by the president and confirmed by the Senate.
Congress also determines the pay scale of judges.
THE SUPREME COURT
The Supreme Court is the highest court
of the United States, and the only one specifically created by the
Constitution. A decision of the Supreme Court cannot be appealed to any other
court. Congress has the power to fix the number of judges sitting on the Court
and, within limits, decide what kind of cases it may hear, but it cannot change
the powers given to the Supreme Court by the Constitution itself.
The Constitution is
silent on the qualifications for judges. There is no requirement that judges be
lawyers, although, in fact, all federal judges and Supreme Court justices have
been members of the bar.
Since the creation
of the Supreme Court almost 200 years ago, there have been slightly more than
100 justices. The original Court consisted of a chief justice and five associate
justices. For the next 80 years, the number of justices varied until, in 1869,
the complement was fixed at one chief justice and eight associates. The chief
justice is the executive officer of the Court but, in deciding cases, has only
one vote, as do the associate justices.
The Supreme Court
has original jurisdiction in only two kinds of cases: those involving foreign
dignitaries and those in which a state is a party. All other cases reach the
Court on appeal from lower courts.
Of the several
thousand cases filed annually, the Court usually hears only about 150. Most of
the cases involve interpretation of the law or of the intent of Congress in
passing a piece of legislation. A significant amount of the work of the Supreme
Court, however, consists of determining whether legislation or executive acts
conform to the Constitution. This power of judicial review is not specifically
provided for by the Constitution. Rather, it is doctrine inferred by the Court
from its reading of the Constitution, and forcefully stated in the landmark
Marbury vs. Madison case of 1803. In its decision in that case, the Court
held that "a legislative act contrary to the Constitution is not
law," and further observed that "it is emphatically the province and
duty of the judicial department to say what the law is." The doctrine has
also been extended to cover the activities of state and local governments.
Decisions of the
Court need not be unanimous; a simple majority prevails, provided at least six
justices—the legal quorum—participate in the decision. In split decisions, the
Court usually issues a majority and a minority—or dissenting—opinion, both of
which may form the basis for future decisions by the Court. Often justices
will write separate concurring opinions when they agree with a decision, but
for reasons other than those cited by the majority.
COURTS OF APPEALS AND DISTRICT
COURTS
The second highest level of the federal
judiciary is made up of the courts of appeals, created in 1891 to facilitate
the disposition of cases and ease the burden on the Supreme Court. The United
States is divided into 11 separate appeals regions, each served by a court of
appeals with from three to 15 sitting judges.
The courts of
appeals review decisions of the district courts (trial courts with federal
jurisdiction) within their areas. They are also empowered to review orders of
the independent regulatory agencies, such as the Federal Trade Commission, in
cases where the internal review mechanisms of the agencies have been exhausted
and there still exists substantial disagreement over legal points.
Below the courts of
appeals are the district courts. The 50 states are divided into 89 districts so
that litigants may have a trial within easy reach. Additionally, there is one
in the District of Columbia and one in the Commonwealth of Puerto Rico, not a
state of the union, but part of the United States. From one to 27 judges sit in
each of the district courts. Depending on case load, a judge from one district
may temp!) rarity sit in another district. Congress fixes the boundaries of the
districts according to population, size and volume of work. Some of the smaller states constitute
a district by themselves. while the larger states, such as New York, California
and Texas, have four districts each.
Except in the
District of Columbia, judges must be residents of the district in which they
permanently serve. District courts hold their sessions at periodic intervals in
different cities of the district.
Most cases and
controversies heard by these courts involve federal offenses such as misuse of
the mails, theft of federal property, and violations of pure food, banking and
counterfeiting laws. These are the only federal courts where grand juries
indict those accused of crimes, and juries decide the cases.
SPECIAL COURTS
In addition to the federal courts of
general jurisdiction, it has been necessary from time to time to set up courts
for special purposes. These are known as "legislative" courts because
they were created by congressional action. Judges in these courts, like their
peers in other federal courts, are appointed for life terms by the president,
with Senate approval.
Perhaps the most
important of these special courts is the Court of Claims, established in 1855
to render judgment on monetary claims against the United States. Other special
courts include the Customs Court, which has exclusive jurisdiction over civil
actions involving taxes or quotas on imported goods, and the Court of Customs
and Patent Appeals which hears appellate motions from decisions of the Customs
Court and the U.S. Patent Office.
Conclusion
Although the Constitution has changed in many aspects since it
was first adopted, its basic principles remain the same now as in 1789:
— The three main branches of government are separate and
distinct from one another. The powers given to each are delicately balanced by
the powers of the other two. Each branch serves as a check on potential
excesses of the others.
— The Constitution, together with laws passed according to its
provisions, and treaties entered into by the president and approved by the
Senate, stands above all other laws, executive acts and regulations.
— All persons are equal before the law and are equally entitled
to its protection. All states are equal, and none can receive special
treatment from the federal government. Within
the limits of the Constitution, each state must recognize and
respect the laws of the others. State governments, like the federal
government, must be democratic in form, with final authority resting with the
people.
— The people have the right to change their form of national
government by legal means defined in the Constitution itself.
Few Americans, however, would defend their country's record as
perfect. American democracy is in a constant state of evolution. As Americans
review their history, they recognize errors of performance and failures to act,
which have delayed the nation's progress. They know that more mistakes will be
made in the future.
Yet the U.S. government still represents the people, and is
dedicated to the preservation of liberty. The right to criticize the government
guarantees the right to change it when it strays from the essential principles
of the Constitution. So long as the preamble to the Constitution is heeded, the
republic will stand. In the words of Abraham Lincoln, "government of the
people, by the people, and for the people shall not perish from the
earth."
Contents:
Introduction__________________________
CONSTITUTION______________________
The
Bill of Rights______________________
THE
EXECUTIVE BRANCH___________
THE
LEGISLATIVE BRANCH__________
THE
JUDICIAL BRANCH______________
Conclusion____________________________