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The
President of the United States
National Security
Powers: Serves as the
Commander-in-Chief of the
armed forces. He can authorize
the use of troops overseas
without declaring war. To
declare war officially,
though, he must get the
approval of the Congress. Makes treaties with
other nations; however, the
Senate must approve any treaty
before it becomes official. Nominates ambassadors,
with the agreement of a
majority of the Senate. Receives ambassadors
of other nations, thereby
recognizing those lands as
official countries. Legislative Powers: Presents information
on the state of the union to
Congress. Recommends legislation
to Congress. Despite all of
his power, the President
cannot write bills. He can
propose a bill, but a member
of Congress must submit it for
him. Convenes both houses
of Congress in special
sessions. Approves laws passed
by Congress. Administrative Powers: "Take care that
the laws be faithfully
executed" -- Article II,
Section 3 Appoints the heads of
each Executive Branch
department as Chief of the
Government. He also appoints
ambassadors, Supreme Court
Justices, and other officials,
with the agreement of the
majority of the Senate. Requests written
opinions of administrative
officials. Fills administrative
vacancies during congressional
recesses. Judicial Powers: Grants reprieves and
pardons for Federal crimes
(except impeachment). Appoints Federal
judges, with the agreement of
the majority of the Senate. The
President's Lawmaking Role The
President plays a large role
in making America's laws. His
job is to approve the laws
that Congress creates. When
both chambers have approved a bill,
they send it to the President.
If he agrees with the law, he
signs it and the law goes into
effect. If
the President does not like a
bill, he can veto
it. There are two ways that he
can veto a bill. First, the
President can send the bill
back to Congress unsigned. In
most cases, he will also send
a list of reasons he does not
like the bill. Second, the
President can
"pocket" the bill.
After ten days, one of two
things happens: 1) if Congress
is in session, the bill
becomes a law anyway 2) if
Congress has adjourned, the
bill does not become law and
the President has used a
"pocket
veto". When
the President vetoes a bill,
it will most likely never
become a law. Congress can
override a veto, but to do so
two-thirds of both the House
of Representatives and the
Senate must vote against the
President. Despite
all of his power, the
President cannot write bills.
He can propose a bill, but a
member of Congress must submit
it for him. Presidential
Qualifications and Term Limit Because
he has so much responsibility,
the President, along with the
Vice-President, is the only
official elected by the entire
country. Not just anyone can
be President, though. In order
to be elected, one must be at
least 35 years old. Also, each
candidate must be a
natural-born U.S. citizen and
have lived in the U.S. for at
least 14 years. When elected,
the President serves a term of
four years. The most one
President can serve is two
terms, for a total of eight
years. Before
1951, the President could
serve for as many terms as he
wanted. After two terms as
President, George Washington
chose not to run again. All
other Presidents followed his
example until Franklin D.
Roosevelt successfully ran for
office four times. He,
however, did not complete his
fourth term of office because
he died in 1945. Six years
later, Congress passed the 22nd
Amendment, which limits
Presidents to two terms. GPO
and the President The
U.S. Government Printing
Office (GPO) publishes a wide
variety of materials for the
President. For example, when
the White House releases the
President's speeches,
proclamations, and other
presidential materials, they
are published in the Weekly
Compilation of Presidential
Documents, which is
available on GPO
Access The
Legislative Branch
Congress
is bicameral,
that is, it is made up of two
chambers, the Senate and the
House of Representatives. This
system was created by the
Founding Fathers after much
debate. Delegates
to the Constitutional
Convention from larger and
more populated states wanted
congressional representation
to be based upon population.
Fearing domination, delegates
from smaller states wanted
equal representation. The
Great Compromise resulted in
the creation of two houses,
with representation based on
population in one and with
equal representation in the
other. Now
members of Congress are
elected by a direct vote of
the people of the state they
represent. It has not always
been this way for the Senate.
Prior to 1913 and the 17th
Amendment to the Constitution,
Senators were chosen by their
state legislatures. The
Senate was viewed as
representative of state
governments, not of the
people. It was the
responsibility of Senators to
ensure that their state was
treated equally in
legislation. The
U.S. Congress
The
primary duty of Congress is to
write, debate, and pass bills,
which are then passed on to
the president for approval. The
Constitution grants Congress
"all legislative
powers" in the national
government. Article I, Section
8, of the Constitution lists a
wide range of congressional
powers, including:
Congress
also controls federal taxing
and spending policies—one of
the most important sources of
power in the government. The
Constitution also gives
Congress the authority to
"make all laws which
shall be necessary and
proper," an implied
source of power sometimes
called the Elastic
Clause. One
of the most important implied
powers is Congress’s
authority to investigate and
oversee the executive branch
and its agencies, such as the
Department of Defense and the
Department of Justice.
Congress also holds hearings
on matters of general public
concern. Sometimes members of
Congress conduct these
hearings to identify problems
that create a need for new
laws. In other cases Congress
holds hearings to raise public
awareness about an issue. There
are, however, some
congressional powers that are
rarely used such as the
ability to impeach
an official and amending
the Constitution. In
addition to the power
described above, Congress
shares powers with the
president in matters such as,
framing U.S. foreign policy
and control over the military.
For example, while the
president negotiates treaties,
they are only put into effect
once the Senate approves them.
Also, while Congress can
declare war and approve funds
for the military, the
president is the
commander-in-chief of the
military. A
new Congress begins in January
every two years following
congressional elections, in
which voters choose all
representatives and a third of
the senators. The entire House
membership faces re-election
every two years, but the
Senate is a continuing body
because there is never an
entirely new Senate. Since the
First Congress, which met from
1789 to 1791, all Congresses
have been numbered in order.
We are currently in the 107th
Congress. Congress meets once
every year. Usually the
session lasts from January 3rd
to July 31st, but it can last
much longer. For
the most part, the House and
Senate each meet in their
respective chamber in the U.S.
Capitol in Washington, D.C.
However, on rare
occasions, they will meet
together for a joint session
of Congress in the House
chamber. For example, a joint
session will be called to
count electoral votes for
presidential elections. The
House of Representatives
When
the Constitution was being
drafted, a debate broke out
between states with large
populations and those with
smaller populations. Each had
a different opinion about how
the states should be
represented in the new
government. To be fair
to each group, a compromise
was reached. By dividing
Congress into two houses, the
House of Representatives would
favor states with larger
populations, while the Senate
would favor those states with
smaller populations.
Representatives,
elected for two-year terms,
must be 25 years old, a
citizen for at least seven
years, and a resident of the
state from which they are
elected. Five additional
members—from Puerto Rico,
Guam, American Samoa, the
Virgin Islands, and the
District of
Columbia—represent their
constituencies in the House.
While they may participate in
the debates, they cannot vote.
The
House has special jobs that
only it can perform. It can:
The
Senate
Senators,
elected for six-year terms,
must be 30 years old, a
citizen for at least nine
years, and a resident of the
state from which they are
elected. As
in the House, the Senate also
has special jobs that only it
can perform. It can:
Executive
Branch When
the delegates
to the Constitutional
Convention created the
executive branch of
government, they gave the
president a limited term of
office to lead the government.
This was very different from
any form of government in
Europe and caused much debate.
The delegates were afraid of
what too much power in the
hands of one person might lead
to. In the end, with a system
of checks
and balances
included in the Constitution,
a single president to manage
the executive branch of
government was adopted. The
executive branch of Government
enforces the laws of the land.
When George Washington was
president, people recognized
that one person could not
carry out the duties of the
President without advice and
assistance. The President
receives this help from the
Vice President, department
heads (Cabinet members), heads
of independent agencies, and
executive agencies. Unlike the
powers of the President, their
responsibilities are not
defined in the Constitution
but each has special powers
and functions. Many
laws enacted by Congress
require agencies to issue
regulations. Executive branch
agencies are granted the power
to implement regulations
relating to matters within
their jurisdiction. For
example, the Department of
Health and Human Services (HHS)
makes regulations regarding
medical issues. Regulations
are published daily in the Federal
Register and are then
codified in the Code
of Federal Regulations
once a year.
The
Presidents of the United
States
The
25th Amendment of the U.S.
Constitution, passed in 1967,
provides for procedures to
fill vacancies in the Vice
Presidency; further clarifies
presidential succession rules The
President's Budget
Each
year, the Federal Government
spends trillions of dollars to
carry out is responsibilities.
It is a long and complicated
process that begins with the
creation and submission to
Congress of the President's
proposed spending plan for the
Federal Government in the
coming fiscal
year. The
documents containing the
President's plan is known as
the Budget
of the U.S. Government. The
President's Budget is
basically a series of goals
with price tags attached. It
allows the President to
provide a suggested spending
framework to Congress for use
in deciding (1) how much money
to spend, (2) what to spend it
on, and (3) how to raise the
money they have decided to
spend. According to the Budget
and Accounting Act of 1921,
the President must annually
submit a budget to Congress by
the first Monday in February.
In addition to the proposed
spending plan, the President's
Budget must show:
The
Office of Management and
Budget (OMB) assists the
President in the creation of
the President's Budget by
gathering data from agencies
and compiling it into the
final plan to be approved by
the President. As part of this
process, OMB also studies
Government services in detail
and then recommends changes to
the President intended to
increase the economy and
efficiency of Government
operations. The
process of creating the
President's Budget starts
about a year before it is due
to be submitted to Congress.
It begins with the development
of the President's an overall
budget strategy in the spring
and by summer Federal agencies
submit their budget estimates
based on that strategy.
During the fall, the
estimates provided by the
agencies are reviewed by OMB
and by the winter, the
President's budget is
reviewed, finalized, and
submitted to Congress as
required. The
online version of the
President's Budget may be
found at: http://www.access.gpo.gov/usbudget. Congress
and the Budget According
to the Constitution, all
Federal appropriations must be
authorized by Congress.
This is a source of
great power for Congress known
as the "power of the
purse". Once the
President's Budget is received
by Congress, the House of
Representatives works to
create a budget resolution,
which sets the base line level
of spending for the Federal
Government as required by the Congressional Budget
and Impoundment Control Act of
1974. Once this bottom
line is established, Congress
acts to decide how this level
of funding will be dispersed
among Federal activities. This
is an simplified explanation
of the Budget. More detail is
provided in A
Citizen's Guide to the Federal
Budget on GPO
Access. Found
at site: http://bensguide.gpo.gov/6-8/government/national/president.html U.S.
Government Printing Office: THE
UNITED STATES
Constitution. The
Five principal articles of
the United States Constitution
lay down: However
it quickly became clear that
the original Constitution was
not sufficient, and since 1791
a number of Amendments have
been added. The first of
these, Amendments
1 to X, were voted in
1791: defining the status of
people in the United States,
these first 10 Amendments are
collectively known as the
Bill of Rights. The
Bill of Rights
The
"First
Amendment" is no
doubt the most famous of all
the items in the American
Constitution. It states, quite
briefly, that: The
Second Amendment The
Fourth Amendment The
5th to 8th Amendments The
10th Amendment. Other major Amendments
to the Constitution
The
Twelfth Amendment (ratified in
1804) determines the manner in
which the President and Vice
President of the USA are
elected by
"electors" nominated
by the different states. N.B.
As was illustrated by the
Bush/Gore election controversy
in 2000, the President of the
USA is NOT directly elected by
universal suffrage, contrary
to an often held popular
belief.) The
Thirteenth Amendment (1865)
banned slavery in the United
States. Note; In spite of the
Jeffersonian precept that
"all men are born
equal", slavery was
banned in the USA long after
it was outlawed in most
countries of Europe and their
dependencies. The
Fourteenth Amendment (ratified
in 1868) defines US
citizenship and the manner in
which states elect their
Representatives to Congress. The
Fifteenth amendment (ratified
in 1870) establishes universal
suffrage, irrespective of a
person's race, status or
religion. .
The Sixteenth Amendment
(ratified in 1913) gives
Congress the formal right to
levy taxes, including income
tax . This represented a
reversal of a principle
that was dearly held by many
original colonists and many
Americans. The
nineteenth amendment (1920)
extended voting rights to
women. .
The twentieth amendment (1933)
fixed the terms and changeover
dates of the presidency. In
1951, the 22nd Amendment
limited the number of terms of
office that a president could
serve, to two terms of four
years each. From:
http://efl.bravepages.com/constit.htm Glossary Act:
Legislation that has passed
both Houses of Congress and
has been either approved by
the President, or passed over
his veto, thus becoming law.
Also used technically for a
bill that has been passed by
one House of Congress. Alien:
A
person residing under a
government or in a country
other than that of one's birth
without being a citizen of
that non-native country. Amendment:
A proposal by a Member (in
committee or floor session of
the respective Chamber) to
alter the language or
provisions of a bill or act.
It is voted on in the same
manner as a bill. The
Constitution of the United
States, as provided in Article
5, may be amended when two
thirds of each house of
Congress approves a proposed
amendment and three fourths of
the states thereafter ratify
it. Anti-Federalists:
Opponents
to the adoption of the federal
Constitution. Leading
Anti-Federalists included
George Mason, Elbridge Gerry,
Patrick Henry, and George
Clinton. Autonomy: Independence
or freedom; the right of
self-government. Bill:
Formally introduced
legislation. Most legislative
proposals are in the form of
bills and are designated as
H.R. (House of
Representatives) or S.
(Senate), depending on the
House in which they originate,
and are numbered consecutively
in the order in which they are
introduced during each
Congress. Public bills deal
with general questions and
become Public Laws, or Acts,
if approved by Congress and
signed by the President.
Private bills deal with
individual matters such as
claims against the Federal
Government, immigration and
naturalization cases, land
titles, et cetera, and become
private laws if approved and
signed. Bicameral: The
characteristic of having two
branches, chambers, or houses,
such as the United States
Congress which is composed of
the Senate and the House of
Representatives. Bill
of Rights: The
first ten amendments to the
United States Constitution. Calendar:
A list of bills, resolutions,
or other matters to be
considered before committees
or on the floor of either
House of Congress. Centralized
Government:
A form of government in which
the national government
maintains the power. Checks
and Balances:
A
system of limits imposed by
the Constitution of the United
States on all branches of a
government by vesting in each
branch the right to amend or
void those acts of another
that fall within its
jurisdiction. Citizen:
A
native or naturalized member
of a state or nation who owes
allegiance to its government
and is entitled to its
protection. Cohesive:
The
state of uniting or sticking
together. Commerce:
The traffic in goods, usually
thought of as trade between
states or nations. Confirmation:
Action
by the Senate approving
Presidential nominees for the
executive branch, regulatory
commissions, and certain other
positions. Decennial:
Occurring
every ten years. Delegate: A
person designated to act for
or represent another or
others; a deputy;
representative, as in a
political convention. Democratic:
Characterized
by the principle of political
or social equality for all. Dual
Federalism: A
system of government where the
states governed the people
directly and the national
government concerned itself
with issues relating to
foreign affairs. Elastic
Clause:
A
statement in the U.S.
Constitution granting
Congress the power to pass all
laws necessary and proper for
carrying out the list of
powers it was granted. Enrolled
Bill: Legislation
that has been passed by both
houses of Congress, signed by
their presiding officers, and
sent to the President for
signature. Federal:
A
union of groups or states in
which each member agrees to
give up some of its
governmental power in certain
specified areas to a central
authority. Federalism: A
union of states in which
sovereignty is divided between
a central authority and the
member state authorities. Federalists:
A group of people who
supported the adoption of the
Constitution. Leading
Federalists included Alexander
Hamilton, James Madison, and
John Jay. Fiscal
Year:
A
twelve-month accounting period
used by the Federal Government
that goes from October 1st to
September 30th. Currently, the
Government is in FY02, which
goes from October 1, 2001 to
September 30, 2002. Gerrymandering:
Drawing of district lines to
maximize the electoral
advantage of a political party
or faction. The term was first
used in 1812, when Elbridge
Gerry was Governor of
Massachusetts, to characterize
the State redistricting plan. Hearing:
A
meeting or session of a
committee of Congress, usually
open to the public, to obtain
information and opinions on
proposed legislation, conduct
an investigation, or oversee a
program. Hopper:
A
box into which a proposed
legislative bill is dropped
and thereby officially
introduced. Immigrant:
A
person who migrates to another
country, usually for permanent
residence. Impeachment: A
formal accusation issued by a
legislature against a public
official charged with crime or
other serious misconduct. Independent:
When
a person or thing is not
influenced or controlled by
others in matters of opinion,
conduct, etc.; thinking or
acting for oneself. Indirect
popular election:
Instead of voting for a
specific candidate, voters
select a panel of individuals
pledged to vote for a specific
candidate. This is in
contrast to a popular election
where votes are cast for an
individual candidate.
For example, in a general
presidential election, voters
select electors to represent
their vote in the Electoral
College, and not for an
individual presidential
candidate. Initiative:
A
procedure by which a specified
number of voters may propose a
statute, constitutional
amendment, or ordinance, and
compel a popular vote on its
adoption. Judicial
Review: The
power of a court to judge the
constitutionality of the laws
of a government or the acts of
a government official. Law:
A
rule of conduct established
and enforced by the authority,
legislation, or custom of a
given community, state, or
nation. Legislative
Day: A
formal meeting of a House of
Congress which begins with the
call to order and opening of
business and ends with
adjournment. A legislative day
may cover a period of several
calendar days, with the House
recessing at the end of each
calendar day, rather than
adjourning. Line-Item
Veto: The
power of the executive to
disapprove of particular items
of a bill without having to
disapprove of the entire bill. National:
A
person under the protection of
a specific country; a
citizen or subject. Naturalization:
The
official act by which a person
is made a national of a
country other than his native
one. Pocket
Veto: The
disapproval of a bill brought
about by an indirect rejection
by the president. The
president is granted ten days,
Sundays excepted, to review a
piece of legislation passed by
Congress. Should he fail
to sign a piece of legislation
and Congress has adjourned
within those ten days, the
bill is automatically killed.
The process of indirect
rejection is known as a pocket
veto. Primary
Election: An
election held to decide which
candidates will be on the
November general election
ballot. Public
Law:
A bill or joint resolution
(other than for amendments to
the Constitution) passed by
both Houses of Congress and
approved by the President.
Bills and joint resolutions
vetoed by the President, but
then overridden by the
Congress also become public
law. Ratification: Two
uses of this term are: (1) the
act of approval of a proposed
constitutional amendment by
the legislatures of the
States; (2) the Senate process
of advice and consent to
treaties negotiated by the
President. Reapportionment:
The process by which seats in
the House of Representatives
are reassigned among the
States to reflect population
changes following the
decennial census. Redistricting:
The process within the States
of redrawing legislative
district boundaries to reflect
population changes following
the decennial census. Referendum: The
submission of a law, proposed
or already in effect, to a
direct vote of the people. Report:
The
printed record of a
committee’s actions,
including its votes,
recommendations, and views on
a bill or question of public
policy or its findings and
conclusions based on oversight
inquiry, investigation, or
other study. Republic: A
state or nation in which the
supreme power rests in all the
citizens entitled to vote. This power
is exercised by
representatives elected,
directly or indirectly, by
them and responsible to them. Separation
of Powers: The
distribution of power and
authority among the
legislative, executive, and
judicial branches of the
government. Sovereign:
Above
or superior to all others;
chief; greatest; supreme
dominion or power. Tabling
Motion: A
motion to stop action on a
pending proposal and to lay it
aside indefinitely. When the
Senate or House agrees to a
tabling motion, the measure
which has been tabled is
effectively defeated.
Veto:
The constitutional procedure
by which the President refuses
to approve a bill or joint
resolution and thus prevents
its enactment into law. A
regular veto occurs when the
President returns the
legislation to the originating
House without approval. It can
be overridden only by a
two-thirds vote in each House.
A pocket veto occurs after
Congress has adjourned and is
unable to override the
President’s action. |