Правительство Соединенных Штатов

Kyrgyz State National University

THE GOVERNMENT OF THE UNITED STATES

______________________________

Ilebaev Emil

Kasymov Maksat_________

Bishkek 2001

Introduction

In July 1780 France's Louis XVI had sent to America an expeditionary force of 6,000 men under the Comte Jean de Rochambeau. In addition, the French fleet harassed British shipping and prevented reinforcement and resuppi^ of British forces in Virginia by a British fleet sailing from New York City. French and American armies and navies, totalВнing 18,000 men, parried with Cornwallis all through the summer and into the fall. Finally, on October 19, 17B1, after being trapped at Yorktown near the mouth of Chesa-peake Bay, Cornwallis surrendered his army of 8,000 British soldiers.

Although Cornwallis's defeat did not immediately end the war тАФ which would drag on inconclusively for almost two more years тАФ a new British government decided to pursue peace negotiations in Paris in early 1782, with the American side represented by Benjamin Franklin, John Adams and John Jay. On April 15, 1783, Congress approved the final treaty, and Great Britain and its former colonies signed it on September 3. Known as the Treaty of Paris, the peace settlement acknowledged the indepenВнdence, freedom and sovereignty of the 13 former colonies, now states, to which Great Britain granted the territory west to the Mississippi River, north to Canada and south to Florida, which was returned to Spain. The fledgling colonies that Richard Henry Lee had spoken of more than seven years before, had finally become "free and indepenВнdent states." The task of knitting together a nation yet remained.

CONSTITUTION

During the war, the states had agreed to work together by sending representatives to a national congress patterned after the "Congress of Delegates" that conducted the war with England. It would raise money to pay off debts of the war, establish a money system and deal with foreign nations in making treaties. The agreement that set up this plan of cooperation was called the Articles of Confederation. work together? They believed that the Congress needed more power.

The plan for the government was written in very simple language in a document called the Constitution of the United Slates. The Constitution set up a federal system with a strong central government. A federal system is one in which power is shared between a central authority and its constituent parts, with some rights reserved to each. The Constitution also called for the election of a national leader, or president.

Two main fears shared by most Americans: one fear was that one person or group, including the majority, might become too powerful or be able to seize control of the country and create a tyranny, another fear was that the new central government might weaken or take away the power of the state governments to run their own affairs. To deal with this the Constitution specified exactly what power central government had and which power was reserved for the states.

Representatives of various states noted that the Constitution did not have any words guaranteeing the freedoms or the basic rights and privileges of citizens. Though the Convention delegates did not think it necessary to include such explicit guarantees, many people felt that they needed further written protection against tyranny. So, a "Bill of Rights" was added to the Constitution.

The Bill of Rights

The first 10 amendments to the Constitution and their purpose

The Bill of Rights was ratified in1791, but its application as broadened significantly by the 14^th Amendment of the Constitution, which was ratified in 1868. A key phrase in the 14^th Amendment тАУ тАЬnor shall any state deprive any person of life, liberty or property, without due process of lawтАЭ тАУ has been interpreted by the Supreme Court as forbidding the states from violating most of the rights and freedoms protected by the Bill of Rights.

THE EXECUTIVE BRANCH

At a time when all the major European states had herediВнtary monarchs, the idea of a president with a limited term of office was itself revolutionary. The Constitution vests the exВнecutive power in the president. It also provides for the election of a vice president who succeeds to the presidency in case of the death, resignation or incapacitation of the president. While the Constitution spells out in some detail the duties and powers of the president, it does not delegate any specific execВнutive powers to the vice president or to members of the presiВнdential Cabinet or to other federal officials.

Creation of a powerful unitary presidency was the source of some contention in the Constitutional Convention. Several states had had experience with executive councils made up of several members, a system that had been followed with conВнsiderable success by the Swiss for some years. And Benjamin Franklin urged that a similar system be adopted by the United States. Moreover, many delegates, still smarting under the excesses of executive power wielded by the British king, were wary of a powerful presidency. Nonetheless, advocates of a single presidentтАФoperating under strict checks and balancesтАФcarried the day.

In addition to a right of succession, the vice president was made the presiding officer of the Senate. A constitutional amendment adopted in 1967 amplifies the process of presiВнdential succession. It describes the specific conditions under which the vice president is empowered to take over the office of president if the president should become incapacitated. It also provides for resumption of the office by the president in the event of his or her recovery. In addition, the amendment enables the president to name a vice president, with congresВнsional approval, when the second office is vacated. This 25th Amendment to the Constitution was put into practice twice in 1974: when Vice President Spiro T. Agnew resigned and was replaced by Gerald R. Ford; and when, after President Richard Nixon's resignation, President Ford nominated and Congress confirmed former New York governor Nelson A. Rockefeller as vice president.

The Constitution gives Congress the power to establish the order of succession after the vice president. At present, in the event both the president and vice president vacate their offices, the speaker of the House of Representatives would asВнsume the presidency. Next comes the president pro tempore of the Senate (a senator elected by that body to preside in the absence of the vice president), and then Cabinet officers in designated order.

The seat of government, which moved in 1800 to WashВнington, D.C. (the District of Columbia), is a federal enclave on the eastern seaboard. The White House, both residence and office of the president, is located there. Although land for the federal capital was ceded by the states of Maryland and VirВнginia, the present District of Columbia occupies only the area given by Maryland; the Virginia sector, unused by the governВнment for half a century, reverted to Virginia in 1846.

The Constitution requires the president to be a native-born American citizen at least 35 years of age. Candidates for the presidency are chosen by political parties several months before the presidential election, which is held every four years (in years divisible evenly by four) on the first Tuesday after the first Monday in November.

The method of electing the president is peculiar to the American system. Although the names of the candidates apВнpear on the ballots, technically the people of each state do not vote directly for the president (and vice president). Instead, they select a slate of presidential electors, equal to the numВнber of senators and representatives each state has in ConВнgress. The candidate with the highest number of votes in each state wins all the electoral votes of that state.

The electors of all 50 states and the District of ColumВнbiaтАФa total of 538 personsтАФcompose what is known as the Electoral College. Under the terms of the Constitution, the College never meets as a body. Instead, the electors gather in the state capitals shortly after the election and cast their votes for the candidate with the largest number of popular votes in their respective states. To be successful, a candidate for the presidency must receive 270 votes. The Constitution stipuВнlates that if no candidate has a majority, the decision shall be made by the House of Representatives, with all members from a state voting as a unit. In this event, each state and the DisВнtrict of Columbia would be allotted one vote only.

The presidential term of four years begins on January 20 (it was changed from March by the 20th Amendment, ratified in 1933) following a November election. The presiВнdent starts his or her official duties with an inauguration ceremony, traditionally held on the steps of the U.S. CapiВнtol, where Congress meets'. The president publicly takes an oath of office, which is traditionally administered by the chief justice of the United States. The words are prescribed in Article II of the Constitution:

/ do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to thebest of my ability, preserve, protect and defend the Constitution of the United States.

The oath-taking ceremony is usually followed by an inauВнgural address in which the new president outlines the policies and plans of his or her administration.

PRESIDENTIAL POWERS

The office of President of the United States is one of the most powerful in the world. The president, the Constitution says, must "take care that the laws be faithfully executed." To carry out this responsibility, he or she presides over the executive branch of the federal governmentтАФa vast organization numВнbering several million peopleтАФand in addition has important legislative and judicial powers.

LEGILATIVE POWERS

Despite the Constitutional provision that "all legislative powers" shall be vested in the Congress, the president, as the chief formulator of public policy, has a major legislative role. The president can veto any bill passed by Congress and, unВнless two-thirds in each house vote to override the veto, the bill does not become law. Much of the legislation dealt with by Congress is drafted at the initiative of the executive branch. In an annual and special messages to Congress, the president may propose legislation he or she believes is necessary. If Congress should adjourn without acting on those proposals, the president has the power to call it into special session. But, beyond all this, the president, as head of a political party and as principal executive officer of the U.S. government, is in a position to influence public opinion and thereby to influence the course of legislation in Congress. To improve their working relationships with Congress, presidents in recent years have set up a Congressional Liaison Office in the White House. Presidential aides keep abreast of all important legislative acВнtivities and try to persuade senators and representatives of both parties to support administration policies.

JUDICIAL POWERS

Among the president's constitutional powers is that of apВнpointing important public officials; presidential nomination of federal judges, including members of the Supreme Court, is subject to confirmation by the Senate. Another significant power is that of granting a full or conditional pardon to anyone convicted of breaking a federal lawтАФexcept in a case of imВнpeachment. The pardoning power has come to embrace the power to shorten prison terms and reduce fines.

EXECUTIVE POWERS

Within the executive branch itself, the president has broad powers to manage national affairs and the workings of the fedВнeral government. The president can issue rules, regulations and instructions called executive orders, which have the binding force of law upon federal agencies. As commander-in-chief of the armed forces of the United States, the presiВнdent may also call into federal service the state units of the National Guard. In times of war or national emergency, the Congress may grant the president even broader powers to manage the national economy and protect the security of the United States.

The president chooses the heads of all executive deВнpartments and agencies, together with hundreds of other high-ranking federal officials. The large majority of federal workers, however, are selected through the Civil Service system, in which appointment and promotion are based on ability and experience

POWERS IN FOREIGN AFFAIRS

Under the Constitution, the president is the federal official priВнmarily responsible for the relations of the United States with foreign nations. Presidents appoint ambassadors, ministers and consulsтАФsubject to confirmation by the SenateтАФand reВнceive foreign ambassadors and other public officials. With the secretary of state, the president manages all official contacts with foreign governments. On occasion, the president may personally participate in summit conferences where chiefs of state meet for direct consultation. Thus, President Woodrow Wilson headed the American delegation to the Paris conference

at the end of World War I; President Franklin D. Roosevelt conВнferred with Allied leaders at sea, in Africa and in Asia during World War II; and every president since Roosevelt has met with world statesmen to discuss economic and political issues, and to reach bilateral and multilateral agreements.

Through the Department of State, the president is reВнsponsible for the protection of Americans abroad and of forВнeign nationals in the United States. Presidents decide whether to recognize new nations and new governments, and negotiate treaties with other nations, which are binding on the United States when approved by two-thirds of the Senate. The presiВнdent may also negotiate "executive agreements" with foreign powers that are not subject to Senate confirmation.

CONSTRAINTS ON PRESIDENTIAL POWER

Because of the vast array of presidential roles and reВнsponsibilities, coupled with a conspicuous presence on the national and international scene, political analysts have tended to place great emphasis on the president's powers. Some have even spoken of the "the imperial presidency," referring to the expanded role of the office that Franklin D. Roosevelt maintained during his term.

One of the first sobering realities a new president discovВнers is an inherited bureaucratic structure which is difficult to manage and slow to change direction. Power to appoint ex- ' tends only to some 3,000 people out of a civilian government ' work force of more than three million, most of whom are proВнtected in their jobs by Civil Service regulations.

The president finds that the machinery of government operates pretty much independently of presidential intervenВнtions, has done so through earlier administrations, and will continue to do so in the future. New presidents are immediateВнly confronted with a backlog of decisions from the outgoing adВнministration on issues that are often complex and unfamiliar. They inherit a budget formulated and enacted into law long before they came to office, as well as major spending programs (such as veterans' benefits. Social Security payments and Medicare for the elderly), which are mandated by law and not subject to influence. In foreign affairs, presidents must conform with treaties and informal agreements negotiated by their predecessors.

The happy euphoria of the post-election "honeymoon" quickly dissipates, and the new president discovers that ConВнgress has become less cooperative and the media more critiВнcal. The president is forced to build at least temporary alliВнances among diverse, often antagonistic interestsтАФeconomВнic, geographic, ethnic and ideological. Compromises with ConВнgress must be struck if any legislation is to be adopted. "It is very easy to defeat a bill in Congress," lamented President John F. Kennedy. "It is much more difficult to pass one."

Despite these burdensome constraints, few presidents have turned down the chance to run for a second term of ofВнfice. Every president achieves at least some of his legislative goals and prevents by veto the enactment of other laws he beВнlieves not to be in the nation's best interests. The president's authority in the conduct of war and peace, including the negoВнtiation of treaties, is substantial. Moreover, the president can use his unique position to articulate ideas and advocate poliВнcies, which then have a better chance of entering the public consciousness than those held by his political rivals. When a president raises an issue, it inevitably becomes subject to public debate. A president's power and influence may be limitВнed, but they are also greater than those of any other American, in or out of office.

THE EXECUTIVE DEPARTMENTS

The day-to-day enforcement and administration of federal laws is in the hands of the various executive departments, creВнated by Congress to deal with specific areas of national and inВнternational affairs. The heads of the departments, chosen by the president and approved by the Senate, form a council of advisers generally known as the president's "Cabinet." In addition to 14 departments, there are a number of staff organizaВнtions grouped into the Executive Office of the President. These include the White House staff, the National Security Council, the Office of Management and Budget, the Council of EconomВнic Advisers, the Office of the U.S. Trade Representative, and the Office of Science and Technology.

The Constitution makes no provision for a presidential Cabinet. It does provide that the president may ask opinions, in writing, from the principal officer in each of the executive departments on any subject in their area of responsibility, but it does not name the departments nor describe their duties. Similarly, there are no specific constitutional qualifications for service in the Cabinet.

The Cabinet developed outside the Constitution as a matВнter of practical necessity, for even in George Washington's day it was an absolute impossibility for the president to discharge his duties without advice and assistance. Cabinets are what any particular president makes them. Some presidents have relied heavily on them for advice, others lightly, and some few have largely ignored them. Whether or not Cabinet members act as advisers, they retain the responsibility for directing the activities of the government in specific areas of concern.

Each department has thousands of employees, with ofВнfices throughout the country as well as in Washington. The deВнpartments are divided into divisions, bureaus, offices and serВнvices, each with specific duties.

DEPARTAMENT OF AGRICULTURE

The Department of Agriculture (USDA) supervises agriculturВнal production to ensure fair prices and stable markets for proВнducers 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 povВнerty, hunger and malnutrition by issuing food stamps to the poor; sponsoring educational programs on nutrition; and adВнministering other food assistance programs, primarily for children, expectant mothers and the elderly. It maintains proВнduction 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 conВнducts scientific and technological research in all areas of agriВнculture. Through its inspection and grading services, USDA ensures standards of quality in food offered for sale. The deВнpartment also promotes agricultural research by maintaining the National Agricultural Library, the second largest governВнment 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 agВнriculture 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 adВнvancement. 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 busiВнness 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 AdminisВнtration (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 telecommunicaВнtions; promotes domestic economic development and foreign travel to the United States; and assists in the growth of busiВнnesses 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 proВнvides 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 addiВнtion, about one million civilian employees serve in the Defense Department in such areas as research, intelligence communiВнcations, mapping and international security affairs. The NaВнtional Security Agency (NSA) also comes under the direction of the secretary of defense. The department directs the sepaВнrately organized military departments of the Army, Navy, MaВнrine 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 overВнseas to meet treaty commitments, to protect the nation's outВнlying territories and commerce, and to provide air combat and support forces. Nonmilitary responsibilities include flood conВнtrol, development of oceanographic resources and manageВнment 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-eduВнcation programs, including student loan programs, programs for migrant workers, vocational programs, and special proВнgrams 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 colВнlege 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 govВнernment agencies already engaged in the energy field. Staff ofВнfices within the DOE are responsible for the research, develВнopment and demonstration of energy technology; energy conВнservation; civilian and military use of nuclear energy; regulaВнtion 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 producВнtion. 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) probaВнbly directly touches the lives of more Americans than any othВнer federal agency. Its largest component, the Social Security Administration, pools contributions from employers and emВнployees to pay benefits to workers and their families who have retired, died or become disabled. Social Security contribuВнtions 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 InВнstitutes 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 opВнerates 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 indiВнviduals and families can buy a dwelling without being subjectВнed to housing discrimination. HUD directs mortgage insurВнance programs that help families become homeowners, and a rent-subsidy program for low-income families who otherВнwise could not afford decent housing. In addition, it operВнates programs that aid neighborhood rehabilitation, preВнserve urban centers from blight and encourage the developВнment of new communities. HUD also protects the home buyВнer in the marketplace and fosters programs to stimulate the housing industry.

DEPARTMENT OFTHE INTERIOR

As the nation's principal conservation agency, the DepartВнment 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, adminisВнters 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, recreaВнtion areas and historic sites. Through the Bureau of Land Management, the department oversees the land and resourВнcesтАФfrom timber and grazing to oil production and recreaВнtionтАФon millions of hectares of public land located primarily in the West. The Bureau of Reclamation manages scarce waВнter resources in the semiarid western United States. The deВнpartment regulates mining in the United States, assesses minВнeral resources, and has major responsibility for American InВнdians living on reservations. Internationally, the department administers programs in U.S. territories such as the Virgin IsВнlands, Guam, American Samoa, the Northern Mariana Islands and Palau, and provides funding for development to the MarВнshall Islands and the Federated States of Micronesia.

DEPARTMENT OF JUSTICE

The attorney general, the chief law officer of the federal govВнernment, is in charge of the Department of Justice. The deВнpartment represents the U.S. government in legal matters and courts of law, and renders legal advice and opinions, upon reВнquest, to the president and to the heads of the executive deВнpartments. Its Federal Bureau of Investigation (FBI) is the principle law enforcement body, and its Immigration and NatВнuralization Service administers immigration laws. A major agency within the department is the Drug Enforcement AdВнministration, (DEA), which administers narcotics and conВнtrolled substances laws, and tracks down major illicit drug trafficking organizations. The Justice Department also gives aid to local police forces. In addition, the department directs U.S. district attorneys and marshals throughout the country, supervises federal prisons and other penal institutions, and investigates and reports to the president on petitions for paВнroles and pardons. The Justice Department is also linked to INTERPOL, the International Criminal Police Organization, charged with promoting mutual assistance between law enВнforcement agencies in 146 countries.

DEPARTMENT OF LABOR

The Department of Labor promotes the welfare of wage earnВнers in the United States, helps improve working conditions and fosters good relations between labor and management. It adВнministers more than 130 federal labor laws through such agencies as the Occupational Safety and Health AdministraВнtion (OSHA), the Employment Standards Administration and the Mine Safety and Health Administration. Among its responВнsibilities 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 measureВнments. 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 overВнall responsibility for formulating and executing the foreign polВнicy of the United States. The department assesses American overseas interests, makes recommendations on policy and fuВнture action, and takes necessary steps to carry out estabВнlished policy. It maintains contacts and relations between the United States and foreign countries, advises the president on recognition of new foreign countries and governments, negotiВнates 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 agenВнcies. DOT establishes the nation's overall transportation poliВнcy through nine operating units that encompass highway planВнning, development and construction; urban mass transit; railВнroads; 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 AdВнministration is responsible for the 68,000-kilometer interВнstate highway system; the National Highway Traffic Safety AdВнministration 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 naВнtion's primary maritime law enforcement and licensing agenВнcy, 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 perВнforms four basic functions: formulating financial, tax and fisВнcal policies; serving as financial agent for the U.S. governВнment; providing specialized law enforcement services; and manufacturing coins and currency. The Treasury Department reports to Congress and the president on the financial condiВнtion of the government and the national economy. It regulates the sale of alcohol, tobacco and firearms in interstate and forВнeign 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 ComptrolВнler 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 lawsтАФthe 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 surВнgery department provides hospital and nursing home care, and outpatient medical and dental services through 172 mediВнcal 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 overВнsees claims for disability, pensions, specially adapted housing and other services. This department also administers educaВнtion programs for veterans, and provides housing credit assisВнtance 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 specialВнly 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 governВнment and the economy working smoothly. These are often called independent agencies, since they are not part of the exВнecutive departments. The nature and purpose of these agenВнcies vary widely. Some are regulatory groups, with powers to supervise certain sectors of the economy. Others provide speВнcial 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 doВнmestic 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 acВнtivities of certain government departments and agencies; colВнlects, correlates and evaluates intelligence information relatВнing 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 teleВнphone and telegraph services. It sets rates for interstate comВнmunications services, assigns radio frequencies, and adminisВнters 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 isВнsuing 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 adjustsтАФindependently of the executive departВнmentsтАФall claims and demands by or against the federal govВнernment, 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 waterВнways. It supervises the issuance of stocks and bonds by comВнmon 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 satelВнlites and interplanetary probes, explores new concepts in adВнvanced 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 pracВнtices and to safeguard employees' rights to organize and deВнtermine through elections whether to have unions as their bargaining representative.

the national science foundation was created to strengthen baВнsic 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 sciВнence 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 governВнment 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 reВнsources 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 secuВнrities 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 exВнchanges.

the small business administration lends money to small busiВнnesses, 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 administraВнtor also serves as director of the U.S. International DevelopВнment 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 supВнports 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 naВнtion, its people, culture and policies. USIA also administers a number of two-way educational and cultural exchange proВнgrams, 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 presiВнdent and the various departments of the government on forВнeign 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 chamВнbers. 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 ConstiВнtution, 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 groupsтАФone representing state governВнments and one representing the peopleтАФmust 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. PasВнsage 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 loВнcal 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 adВнditional requirements for election to Congress, but the ConВнstitution gives each house the power to determine the qualiВнfications of its members.

Each state is entitled to two senators. Thus, Rhode IsВнland, 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 kiloВнmeters. Wyoming, with 490,000 persons in 1987, has repreВнsentation equal to that of California, with its 1987 population of 27,663,000.

The total number of members of the House of RepresenВнtatives has been determined by Congress. That number is then divided among the states according to their populations. ReВнgardless of its population, every state is constitutionally guarВнanteed at least one member of the House of Representatives. At present, six statesтАФAlaska, Delaware, North Dakota, South Dakota, Vermont and WyomingтАФhave only one repreВнsentative. On the other hand, six states have more than 20 representativesтАФCalifornia alone has 45.

The Constitution provides for a national census each 10 years and a redistribution of House seats according to populaВнtion 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 perВнmanently, 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 toВнday 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. EvВнery two years, the voters of each district choose a representaВнtive 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 legВнislative experience at the national level.

It is theoretically possible for the House to be comВнposed 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 experiВнenced 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 adjournтАФusually 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 legislaВнtion on any subject except revenue bills, which must originate in the House of Representatives. The large states may thus apВнpear 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 billтАФor any bill, for that matВнterтАФor 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 exВнecutive 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:

тАФ to levy and collect taxes;

тАФ to borrow money for the public treasury;

тАФ to make rules and regulations governing commerce among the states and with foreign countries;

тАФ to make uniform rules for the naturalization of foreign citizens;

тАФ to coin money, state its value, and provide for the punishВнment of counterfeiters;

тАФ to set the standards for weights and measures;

тАФ to establish bankruptcy laws for the country as a whole;

тАФ to establish post offices and post roads;

тАФ to issue patents and copyrights;

тАФ to set up a system of federal courts;

тАФ to punish piracy;

тАФ to declare war;

тАФ to raise and support armies;

тАФ to provide for a navy;

тАФ to call out the militia to enforce federal laws, suppress lawlessness or repel invasions by foreign powers;

тАФ to make all laws for the District of Columbia; and

тАФ to make all laws necessary to enforce the Constitution.

A few of these powers are now outdatedтАФthe District of Columbia today is largely self-governingтАФbut they remain in effect. The 10th Amendment sets definite limits on congresВнsional authority, by providing that powers not delegated to the national government are reserved to the states or to the peoВнple. In addition, the Constitution specifically forbids certain acts by Congress. It may not:

тАФ suspend the writ of habeas corpus, unless necessary in time of rebellion or invasion;

тАФ pass laws which condemn persons for crimes or unlawful acts without a trial;

тАФ pass any law which retroactively makes a specific act a crime;

тАФ levy direct taxes on citizens, except on the basis of a census already taken;

тАФ tax exports from any one state;

тАФ give specially favorable treatment in commerce or taxation to the seaports of any state or to the vessels using them; and

тАФ 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 acВнtions. " That statement correctly identifies the standing and permanent comВнmittees 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 reВнsponsible 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 664тАФfewer than six perВнcentтАФwere enacted into law.

The Constitution does not specifically call for congressional committees. As the nation grew, however, so did the need for investigating pending legislaВнtion 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 RevolutionВнary 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 SenВнate, 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, durВнing one week of hearings, committee and subcommittee members discussed topics ranging from financing of television broadcasting to the safety of nucleВнar 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 beВнtween the House and Senate versions of the same bill. This "conference comВнmittee, " consisting of members of both houses, completes a bill to all memВнbers' satisfaction, then sends it to the House and Senate floors for final disВнcussion 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 conВнsideration of laws that will help shape the United States in its third century.