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The federal government of the United States (U.S. federal government or U.S. government) is the national government of the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, a federal republic located primarily in
North America North America is a continent in the Northern Hemisphere and almost entirely within the Western Hemisphere. It is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the southeast by South America and th ...
, composed of 50 states, a city within a
federal district A federal district is a type of administrative division of a federation, usually under the direct control of a federal government and organized sometimes with a single municipal body. Federal districts often include capital districts, and they ...
(the city of Washington in the District of Columbia, where most of the federal government is based), five major self-governing territories and several island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches:
legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...
,
executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive di ...
, and judicial, whose powers are vested by the U.S. Constitution in the
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court.


Naming

The full name of the republic is "United States of America". No other name appears in the Constitution, and this is the name that appears on money, in treaties, and in legal cases to which it is a party (e.g. '' Charles T. Schenck v. United States''). The terms "Government of the United States of America" or "United States Government" are often used in official documents to represent the federal government as distinct from the states collectively. In casual conversation or writing, the term "Federal Government" is often used, and the term "National Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with the federal government (e.g.
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice ...
,
National Oceanic and Atmospheric Administration The National Oceanic and Atmospheric Administration (abbreviated as NOAA ) is an United States scientific and regulatory agency within the United States Department of Commerce that forecasts weather, monitors oceanic and atmospheric conditi ...
,
National Park Service The National Park Service (NPS) is an agency of the United States federal government within the U.S. Department of the Interior that manages all national parks, most national monuments, and other natural, historical, and recreational properti ...
). Because the seat of government is in Washington, D.C., "Washington" is commonly used as a metonym for the federal government.


History

The United States government is based on the principles of federalism and republicanism, in which power is shared between the national government and state governments. The interpretation and execution of these principles, including what powers the federal government should have and how those powers can be exercised, have been debated ever since the adoption of the Constitution. Some make a case for expansive federal powers while others argue for a more limited role for the central government in relation to individuals, the states, or other recognized entities. Since the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States. It was fought between the Union (American Civil War), Union ("the North") and t ...
, the powers of the federal government have generally expanded greatly, although there have been periods since that time of legislative branch dominance (e.g., the decades immediately following the Civil War) or when states' rights proponents have succeeded in limiting federal power through legislative action, executive prerogative or by a constitutional interpretation by the courts. One of the theoretical pillars of the U.S. Constitution is the idea of " checks and balances" among the powers and responsibilities of the three branches of American government: the executive, the legislative, and the judiciary. For example, while the legislative branch (
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
) has the power to create law, the executive branch under the president can veto any legislation—an act which, in turn, can be overridden by Congress. The president nominates judges to the nation's highest judiciary authority, the Supreme Court, but those nominees must be approved by Congress. The Supreme Court, in turn, can invalidate unconstitutional laws passed by the Congress. These and other examples are examined in more detail in the text below.


Legislative branch

The
United States Congress The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
, under Article I of the Constitution, is the legislative branch of the federal government. It is bicameral, comprising the House of Representatives and the Senate.


Makeup of Congress


House of Representatives

The House currently consists of 435 voting members, each of whom represents a
congressional district Congressional districts, also known as electoral districts and legislative districts, electorates, or wards in other nations, are divisions of a larger administrative region that represent the population of a region in the larger congressional bod ...
. The number of representatives each state has in the House is based on each state's population as determined in the most recent United States Census. All 435 representatives serve a two-year term. Each state receives a minimum of one representative in the House. In order to be elected as a representative, an individual must be at least 25 years of age, must have been a U.S. citizen for at least seven years, and must live in the state that they represent. There is no limit on the number of terms a representative may serve. In addition to the 435 voting members, there are 6 non-voting members, consisting of 5 delegates and one
resident commissioner Resident commissioner was or is an official title of several different types of commissioners, who were or are representatives of any level of government. Historically, they were appointed by the British Crown in overseas protectorates (such ...
. There is one delegate each from the
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle (Washington, D.C.), Logan Circle, Jefferson Memoria ...
, Guam, the Virgin Islands,
American Samoa American Samoa ( sm, Amerika Sāmoa, ; also ' or ') is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Its location is centered on . It is east of the Internatio ...
, and the Commonwealth of the Northern Mariana Islands, and the
resident commissioner Resident commissioner was or is an official title of several different types of commissioners, who were or are representatives of any level of government. Historically, they were appointed by the British Crown in overseas protectorates (such ...
from Puerto Rico.


Senate

In contrast, the Senate is made up of two senators from each state, regardless of population. There are currently 100 senators (2 from each of the 50 states), who each serve six-year terms. Approximately one-third of the Senate stands for election every two years.


Different powers

The House and Senate each have particular exclusive powers. For example, the Senate must approve (give "
advice and consent Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something previ ...
" to) many important presidential appointments, including cabinet officers,
federal judges Federal judges are judges appointed by a federal level of government as opposed to the state/provincial/local level. United States A US federal judge is appointed by the US President and confirmed by the US Senate in accordance with Article 3 of ...
(including nominees to the Supreme Court), department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and ambassadors to foreign countries. All legislative bills for raising revenue must originate in the House of Representatives. The approval of both chambers is required to pass all legislation, which then may only become law by being signed by the president (or, if the president vetoes the bill, both houses of Congress then re-pass the bill, but by a two-thirds majority of each chamber, in which case the bill becomes law without the president's signature). The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. The Constitution also includes the "
Necessary and Proper Clause The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: Since the landmark decision '' McCulloch v. Maryland'', the US Supreme Court has ruled that this clause g ...
", which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers". Members of the House and Senate are elected by
first-past-the-post In a first-past-the-post electoral system (FPTP or FPP), formally called single-member plurality voting (SMP) when used in single-member districts or informally choose-one voting in contrast to ranked voting, or score voting, voters cast the ...
voting in every state except
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is bord ...
and Georgia, which have runoffs, and
Maine Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and nor ...
and
Alaska Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U ...
, which use ranked-choice voting.


Impeachment of federal officers

Congress has the power to remove the president, federal judges, and other federal officers from office. The House of Representatives and Senate have separate roles in this process. The House must first vote to "impeach" the official. Then, a trial is held in the Senate to decide whether the official should be removed from office. , three presidents have been impeached by the House of Representatives: Andrew Johnson,
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and again ...
, and
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
(twice). None of the three were removed from office following trial in the Senate.


Congressional procedures

Article I, Section 2, paragraph 2 of the U.S. Constitution gives each chamber the power to "determine the rules of its proceedings". From this provision were created
congressional committees A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty (rather than the general duties of Congress). Committee membership enables members to develop specialized knowledge of the ...
, which do the work of drafting legislation and conducting congressional investigations into national matters. The
108th Congress The 108th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives from January 3, 2003 to January 3, 2005, duri ...
(2003–2005) had 19 standing committees in the House and 17 in the Senate, plus 4 joint permanent committees with members from both houses overseeing the
Library of Congress The Library of Congress (LOC) is the research library that officially serves the United States Congress and is the ''de facto'' national library of the United States. It is the oldest federal cultural institution in the country. The libra ...
, printing, taxation, and the economy. In addition, each house may name special, or select, committees to study specific problems. Today, much of the congressional workload is borne by the subcommittees, of which there are around 150.


Powers of Congress

The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include the powers to levy and collect taxes; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, issue patents, create federal courts inferior to the Supreme Court, combat piracies and felonies, declare war, raise and support armies, provide and maintain a navy, make rules for the regulation of land and naval forces, provide for, arm and discipline the militia, exercise exclusive legislation in the
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle (Washington, D.C.), Logan Circle, Jefferson Memoria ...
, regulate interstate commerce, and to make laws necessary to properly execute powers. Over the two centuries since the United States was formed, many disputes have arisen over the limits on the powers of the federal government. These disputes have often been the subject of lawsuits that have ultimately been decided by the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
.


Congressional oversight

Congressional oversight is intended to prevent waste and fraud, protect civil liberties and individual rights, ensure executive compliance with the law, gather information for making laws and educating the public, and evaluate executive performance. It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency. Congress's oversight function takes many forms: * Committee inquiries and
hearings In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee. Description A hearing is generally distinguished from a trial in that it is usually shorter and ...
* Formal consultations with and reports from the president * Senate advice and consent for presidential nominations and for treaties * House impeachment proceedings and subsequent Senate trials * House and Senate proceedings under the
25th Amendment The Twenty-fifth Amendment (Amendment XXV) to the United States Constitution deals with presidential succession and disability. It clarifies that the vice president becomes president if the president dies, resigns, or is removed from office, a ...
if the president becomes disabled or if the office of the vice president falls vacant * Informal meetings between legislators and executive officials * Congressional membership: each state is allocated a number of seats based on its representation (or ostensible representation, in the case of D.C.) in the House of Representatives. Each state is allocated two senators regardless of its population. , the District of Columbia elects a non-voting representative to the House of Representatives along with American Samoa, the U.S. Virgin Islands, Guam, Puerto Rico, and the Northern Mariana Islands.


Executive branch


President


Executive powers and duties

The executive branch is established in Article Two of the United States Constitution, which vests executive power in a president of the United States. Article II, Constitution of the United States of America The president is both the
head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...
(performing ceremonial functions) and the
head of government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a ...
(the chief executive). The Constitution directs the president to " take care that the laws be faithfully executed" and requires the president to swear or affirm to "preserve, protect and defend the Constitution of the United States." Legal scholars William P. Marshall and Saikrishna B. Prakash write of the Clause: "the President may neither breach federal law nor order their subordinates to do so, for defiance cannot be considered faithful execution. The Constitution also incorporates the English bars on dispensing or suspending the law, with some supposing that the Clause itself prohibits both."William P. Marshall & Saikrishna B. Prakash
Article II, Section 3: Common Interpretation
, National Constitution Center (2021).
Many presidential actions are undertaken via executive orders, presidential proclamations, and presidential memoranda. The president is the commander-in-chief of the armed forces. Under the
Reception Clause Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the Unite ...
, the president is empowered to "receive Ambassadors and other public Ministers"; the president has broad authority to conduct foreign relations, is generally considered to have the sole power of diplomatic recognition, and is the United States' chief diplomat, although the Congress also has an important role in legislating on foreign affairs, and can, for example, "institute a trade embargo, declare war upon a foreign government that the President had recognized, or decline to appropriate funds for an embassy in that country." The president may also negotiate and sign treaties, but ratifying treaties requires the consent of two-thirds of the Senate. Article II's Appointments Clause provides that the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States" while providing that "Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." These appointments delegate "by legal authority a portion of the sovereign powers of the federal government." The Constitution grants the president the "Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment"; this clemency power includes the power to issue absolute or conditional pardons, and to issue commute sentences, to remit fines, and to issue general amnesties. The presidential clemency power extends only to federal crimes, and not to state crimes. The president has informal powers beyond their formal powers. For example, the president has major agenda-setting powers to influence lawmaking and policymaking, and typically has a major role as the leader of their political party.


Election, succession, and term limits

The president and vice president are normally elected as running mates by the Electoral College; each state has a number of electoral votes equal to the size of its Congressional delegation (''i.e.'', its number of Representatives in the House plus its two senators). (The
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle (Washington, D.C.), Logan Circle, Jefferson Memoria ...
has a number of electoral votes "equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State"). A President may also be seated by
succession Succession is the act or process of following in order or sequence. Governance and politics *Order of succession, in politics, the ascension to power by one ruler, official, or monarch after the death, resignation, or removal from office of ...
. As originally drafted, there was no limit to the time a President could serve, however the Twenty-second Amendment, ratified in 1951, originally limits any president to serving two four-year terms (8 years); the amendment specifically "caps the service of a president at 10 years" by providing that "if a person succeeds to the office of president without election and serves less than two years, he may run for two full terms; otherwise, a person succeeding to office of president can serve no more than a single elected term." Amendment XXII to the United States Constitution


Veto power, impeachment, and other issues

Under the Presentment Clause of Article I, a bill that passes both chambers of Congress shall be presented to the president, who may sign the bill into law or veto the bill by returning it to the chamber where it originated. If the president neither signs nor vetoes a bill "within ten Days (Sundays excepted) after it shall have been presented to him" it becomes a law without the president's signature, "unless the Congress by their Adjournment prevent its Return in which Case it shall not be a Law" (called a pocket veto). A presidential veto may be overridden by a two-thirds vote in both houses of Congress vote to override the veto; this occurs relatively infrequently. The president may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for "
treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, bribery, or other
high crimes and misdemeanors The charge of high crimes and misdemeanors covers allegations of misconduct by officials. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for non-officials, on the grounds th ...
". The president may not dissolve Congress, but has the power to adjourn Congress whenever the House and Senate cannot agree when to adjourn; no president has ever used this power. The president also has the constitutional power to, "on extraordinary Occasions, convene both Houses, or either of them"; this power has been used " to consider nominations, war, and emergency legislation." This Section invests the President with the discretion to convene Congress on "extraordinary occasions"; this special session power that has been used to call the chambers to consider urgent matters.


Vice president

The vice president is the second-highest official in rank of the federal government. The vice president's duties and powers are established in the legislative branch of the federal government under Article 1, Section 3, Clauses 4 and 5 as the president of the Senate; this means that they are the designated presiding officer of the Senate. In that capacity, the vice president has the authority ('' ex officio'', for they are not an elected member of the Senate) to cast a tie-breaking vote. Pursuant to the Twelfth Amendment, the vice president presides over the
joint session of Congress A joint session of the United States Congress is a gathering of members of the two chambers of the bicameral legislature of the federal government of the United States: the Senate and the House of Representatives. Joint sessions can be held ...
when it convenes to count the vote of the Electoral College. As first in the U.S. presidential line of succession, the vice president's duties and powers move to the executive branch when becoming president upon the death, resignation, or removal of the president, which has happened nine times in U.S. history. Lastly, in the case of a Twenty-fifth Amendment succession event, the vice president would become acting president, assuming all of the powers and duties of president, except being designated as president. Accordingly, by circumstances, the Constitution designates the vice president as routinely in the legislative branch, or succeeding to the executive branch as president, or possibly being in both as acting president pursuant to the Twenty-fifth Amendment. Because of circumstances, the overlapping nature of the duties and powers attributed to the office, the title of the office and other matters, such has generated a spirited scholarly dispute regarding attaching an exclusive branch designation to the office of vice president.


Cabinet, executive departments, and agencies

The daily enforcement and administration of federal laws is in the hands of the various federal executive departments, created by Congress to deal with specific areas of national and international affairs. The heads of the 15 departments, chosen by the president and approved with the "advice and consent" of the U.S. Senate, form a council of advisers generally known as the president's "Cabinet". Once confirmed, these "cabinet officers" serve at the pleasure of the president. In addition to departments, a number of staff organizations are grouped into the Executive Office of the President. These include the
White House The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue NW in Washington, D.C., and has been the residence of every U.S. president since John Adams in ...
staff, the National Security Council, the
Office of Management and Budget The Office of Management and Budget (OMB) is the largest office within the Executive Office of the President of the United States (EOP). OMB's most prominent function is to produce the president's budget, but it also examines agency programs, pol ...
, the Council of Economic Advisers, the
Council on Environmental Quality The Council on Environmental Quality (CEQ) is a division of the Executive Office of the President that coordinates federal environmental efforts in the United States and works closely with agencies and other White House offices on the developm ...
, the Office of the U.S. Trade Representative, the Office of National Drug Control Policy, and the Office of Science and Technology Policy. The employees in these United States government agencies are called federal civil servants. There are also independent agencies such as the
United States Postal Service The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or Postal Service, is an independent agency of the executive branch of the United States federal government responsible for providing postal service in the ...
(USPS), the National Aeronautics and Space Administration (NASA), the
Central Intelligence Agency The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...
(CIA), the Environmental Protection Agency (EPA), and the United States Agency for International Development (USAID). In addition, there are
government-owned corporation A state-owned enterprise (SOE) is a government entity which is established or nationalised by the ''national government'' or ''provincial government'' by an executive order or an act of legislation in order to earn profit for the governmen ...
s such as the Federal Deposit Insurance Corporation and the National Railroad Passenger Corporation.


Judicial branch

The Judiciary, under Article III of the Constitution, explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases.


Overview of the federal judiciary

Article III section I of the Constitution establishes the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over Stat ...
and authorizes the United States Congress to establish inferior courts as their need shall arise. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office. Article II section II establishes that all federal judges are to be appointed by the president and confirmed by the United States Senate. The Judiciary Act of 1789 subdivided the nation jurisdictionally into judicial districts and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress retains the power to re-organize or even abolish federal courts lower than the Supreme Court. The U.S. Supreme Court decides " cases and controversies"—matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and, in general, can declare legislation or executive action made at any level of the government as unconstitutional, nullifying the law and creating
precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great v ...
for future law and decisions. The United States Constitution does not specifically mention the power of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
(the power to declare a law unconstitutional). The power of judicial review was asserted by Chief Justice Marshall in the landmark Supreme Court Case '' Marbury v. Madison'' (1803). There have been instances in the past where such declarations have been ignored by the other two branches. Below the U.S. Supreme Court are the United States Courts of Appeals, and below them in turn are the United States District Courts, which are the general trial courts for federal law, and for certain controversies between litigants who are not deemed citizens of the same state (" diversity jurisdiction"). There are three levels of federal courts with ''general jurisdiction'', meaning that these courts handle criminal cases and civil lawsuits between individuals. Other courts, such as the bankruptcy courts and the
Tax Court Tax courts are courts of limited jurisdiction that deal with tax issues. Notable examples include: *United States Tax Court, a United States federal court ** List of Judges of the United States Tax Court **Uniformity and jurisdiction in U.S. fe ...
, are specialized courts handling only certain kinds of cases (" subject matter jurisdiction"). The Bankruptcy Courts are "under" the supervision of the district courts, and, as such, are not considered part of the " Article III" judiciary. Also as such, their judges do not have lifetime tenure, nor are they Constitutionally exempt from diminution of their remuneration. The Tax Court is not an Article III court (but is, instead an "Article I Court"). The district courts are the trial courts wherein cases that are considered under the Judicial Code (Title 28, United States Code) consistent with the jurisdictional precepts of " federal question jurisdiction" and "diversity jurisdiction" and " pendent jurisdiction" can be filed and decided. The district courts can also hear cases under " removal jurisdiction", wherein a case brought in State court meets the requirements for diversity jurisdiction, and one party litigant chooses to "remove" the case from state court to federal court. The United States Courts of Appeals are appellate courts that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies, and some interlocutory appeals. The U.S. Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has
original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Su ...
over a few cases. The judicial power extends to cases arising under the Constitution, an Act of Congress; a U.S. treaty; cases affecting ambassadors, ministers and
consuls A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
of foreign countries in the U.S.; cases and controversies to which the federal government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases (collectively "federal-question jurisdiction"). The Eleventh 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. The interplay of the Supremacy Clause and Article III has resulted in a complex set of relationships between state and federal courts. Federal courts can sometimes hear cases arising under state law pursuant to diversity jurisdiction, state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved by federal statute to the state courts (for example, those arising from the Telephone Consumer Protection Act of 1991). Both court systems thus can be said to have
exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one cour ...
in some areas and concurrent jurisdiction in others. The U.S. Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"; in practice, this usually means they serve until they die, retire, or resign. 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, subject to confirmation by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any Article III judge (Congress is able to set a lower salary for all future judges that take office after the reduction, but may not decrease the rate of pay for judges already in office).


Relationships between state and federal courts

Separate from, but not entirely independent of, this federal court system are the court systems of each state, each dealing with, in addition to federal law when not deemed preempted, a state's own laws, and having its own court rules and procedures. Although state governments and the federal government are legally ''dual sovereigns'', the Supreme Court of the United States is in many cases the appellate court from the State Supreme Courts (e.g., absent the Court countenancing the applicability of the '' doctrine of adequate and independent State grounds''). The Supreme Courts of each state are by this doctrine the final authority on the interpretation of the applicable state's laws and Constitution. Many state constitution provisions are equal in breadth to those of the U.S. Constitution, but are considered "parallel" (thus, where, for example, the right to privacy pursuant to a state constitution is broader than the federal right to privacy, and the asserted ground is explicitly held to be "independent", the question can be finally decided in a State Supreme Court—the U.S. Supreme Court will decline to take jurisdiction). A State Supreme Court, other than of its own accord, is bound ''only'' by the U.S. Supreme Court's interpretation of federal law, but is ''not'' bound by interpretation of federal law by the federal court of appeals for the federal circuit in which the state is included, or even the federal district courts located in the state, a result of the ''dual sovereigns'' concept. Conversely, a federal district court hearing a matter involving only a question of state law (usually through diversity jurisdiction) must apply the substantive law of the state in which the court sits, a result of the application of the '' Erie Doctrine''; however, at the same time, the case is heard under the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure and the Federal Rules of Evidence instead of state procedural rules (that is, the application of the ''Erie Doctrine'' only extends to a requirement that a federal court asserting diversity jurisdiction apply ''substantive'' state law, but not ''procedural'' state law, which may be different). Together, the laws of the federal and state governments form U.S. law.


Budget

The budget document often begins with the president's proposal to
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
recommending funding levels for the next
fiscal year A fiscal year (or financial year, or sometimes budget year) is used in government accounting, which varies between countries, and for budget purposes. It is also used for financial reporting by businesses and other organizations. Laws in many ...
, beginning October 1 and ending on September 30 of the year following. The fiscal year refers to the year in which it ends. For fiscal year (FY) 2018, the federal government spent $4.11 trillion. Spending equalled 20.3% of
gross domestic product Gross domestic product (GDP) is a monetary measure of the market value of all the final goods and services produced and sold (not resold) in a specific time period by countries. Due to its complex and subjective nature this measure is of ...
(GDP), equal to the 50-year average. The deficit equalled $779 billion, 3.8 percent of GDP. Tax revenue amounted to $3.33 trillion, with receipt categories including individual income taxes ($1,684B or 51%), Social Security/Social Insurance taxes ($1,171B or 35%), and corporate taxes ($205B or 6%).


Elections and voting

Suffrage, known as the ability to vote, has changed significantly over time. In the early years of the United States, voting was considered a matter for state governments, and was commonly restricted to white men who owned land. Direct elections were mostly held only for the U.S. House of Representatives and state legislatures, although what specific bodies were elected by the electorate varied from state to state. Under this original system, both senators representing each state in the U.S. Senate were chosen by a majority vote of the state legislature. Since the ratification of the Seventeenth Amendment in 1913, members of both houses of Congress have been directly elected. Today, U.S. citizens have almost
universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political sta ...
under equal protection of the laws from the age of 18, regardless of race, gender, or wealth. The only significant exception to this is the disenfranchisement of convicted felons, and in some states former felons as well. Under the U.S. Constitution, the representation of U.S. territories and the federal district of
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle (Washington, D.C.), Logan Circle, Jefferson Memoria ...
in Congress is limited: while residents of the District of Columbia are subject to federal laws and federal taxes, their only congressional representative is a non-voting delegate; however, they have participated in presidential elections since March 29, 1961. Residents of Puerto Rico other than federal employees do not pay federal personal income taxes on income that has its source in Puerto Rico,Alexia Fernández Campbell
Puerto Rico pays taxes. The US is obligated to help it just as much as Texas and Florida.
, ''Vox'' (October 4, 2017).
David L. Brumbaugh
U.S. Federal Taxes in Puerto Rico
, Congressional Research Service (October 30, 2000).
and do not pay most federal excise taxes (for example, the federal
gasoline tax A fuel tax (also known as a petrol, gasoline or gas tax, or as a fuel duty) is an excise tax imposed on the sale of fuel. In most countries the fuel tax is imposed on fuels which are intended for transportation. Fuels used to power agricultural ...
); however, Puerto Ricans pay all other federal taxes, including the federal payroll taxes that fund Social Security and Medicare; the FUTA tax; and business, gift, and
estate tax An inheritance tax is a tax paid by a person who inherits money or property of a person who has died, whereas an estate tax is a levy on the estate (money and property) of a person who has died. International tax law distinguishes between an ...
es. Puerto Rico is represented in the Congress by a nonvoting
Resident Commissioner Resident commissioner was or is an official title of several different types of commissioners, who were or are representatives of any level of government. Historically, they were appointed by the British Crown in overseas protectorates (such ...
, a nonvoting delegate.


State, tribal, and local governments

State governments have the greatest influence over most Americans' daily lives. The Tenth Amendment prohibits the federal government from exercising any power not delegated to it by the Constitution; as a result, states handle the majority of issues most relevant to individuals within their jurisdiction. Because state governments are not authorized to print currency, they generally have to raise revenue through either taxes or bonds. As a result, state governments tend to impose severe budget cuts or raise taxes any time the economy is faltering. Each state has its own written constitution, government and code of laws. The Constitution stipulates only that each state must have, "a Republican Government". Therefore, there are often great differences in law and procedure between individual states, concerning issues such as property, crime, health and education, amongst others. The highest elected official of each state is the Governor, with below him being the Lieutenant Governor. Each state also has an elected
state legislature A state legislature is a legislative branch or body of a political subdivision in a federal system. Two federations literally use the term "state legislature": * The legislative branches of each of the fifty state governments of the United Sta ...
(
bicameralism Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single gr ...
is a feature of every state except
Nebraska Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the sout ...
), whose members represent the voters of the state. Each state maintains its own state court system. In some states, supreme and lower court justices are elected by the people; in others, they are appointed, as they are in the federal system. As a result of the Supreme Court case ''
Worcester v. Georgia ''Worcester v. Georgia'', 31 U.S. (6 Pet.) 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from bei ...
'',
American Indian tribes In the United States, an American Indian tribe, Native American tribe, Alaska Native village, tribal nation, or similar concept is any extant or historical clan, tribe, band, nation, or other group or community of Native Americans in the Unit ...
are considered "domestic dependent nations" that operate as sovereign governments subject to federal authority but, in some cases, outside of the jurisdiction of state governments. Hundreds of laws, executive orders and court cases have modified the governmental status of tribes vis-à-vis individual states, but the two have continued to be recognized as separate bodies. Tribal governments vary in robustness, from a simple council used to manage all aspects of tribal affairs, to large and complex bureaucracies with several branches of government. Tribes are currently encouraged to form their own governments, with power resting in elected tribal councils, elected tribal chairpersons, or religiously appointed leaders (as is the case with pueblos). Tribal citizenship and voting rights are typically restricted to individuals of native descent, but tribes are free to set whatever citizenship requirements they wish. The institutions that are responsible for local government within states are typically counties,
municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the ...
, and
special-purpose districts Special districts (also known as special service districts, special district governments, limited purpose entities, or special-purpose districts) are independent, special-purpose governmental units that exist separately from local governments such ...
, which make laws that affect their particular area. These laws concern issues such as traffic, the sale of alcohol and the keeping of animals. A county is an administrative or political subdivision of a state, while
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is bord ...
and
Alaska Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U ...
have county-equivalent subdivisions called parishes and
boroughs A borough is an administrative division in various English-speaking countries. In principle, the term ''borough'' designates a self-governing walled town, although in practice, official use of the term varies widely. History In the Middle A ...
, respectively. The specific governmental powers of counties vary widely between the states, with those in
Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the ...
,
Rhode Island Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...
, and some parts of
Alaska Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U ...
and
Massachusetts Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
having little or no power, existing only as geographic distinctions. In other areas, county governments have more power, such as to collect taxes and maintain
law enforcement Law enforcement is the activity of some members of government who act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society. The term ...
agencies. Twenty states further divide their counties into
civil township A civil township is a widely used unit of local government in the United States that is subordinate to a county, most often in the northern and midwestern parts of the country. The term town is used in New England, New York, and Wisconsin to ref ...
s. Population centers may be organized into
incorporated municipalities A municipal corporation is the legal term for a local governing body, including (but not necessarily limited to) cities, counties, towns, townships, charter townships, villages, and boroughs. The term can also be used to describe municipally own ...
of several types, including the
city A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be def ...
,
town A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world. Origin and use The word "town" shares an o ...
,
borough A borough is an administrative division in various English-speaking countries. In principle, the term ''borough'' designates a self-governing walled town, although in practice, official use of the term varies widely. History In the Middle Ag ...
, and
village A village is a clustered human settlement or community, larger than a hamlet but smaller than a town (although the word is often used to describe both hamlets and smaller towns), with a population typically ranging from a few hundred ...
. These municipal entities also vary from state to state, and typically subordinate to the government of a county or civil township. However, many rural and suburban regions are in
unincorporated area An unincorporated area is a region that is not governed by a local municipal corporation. Widespread unincorporated communities and areas are a distinguishing feature of the United States and Canada. Most other countries of the world either hav ...
s that have no municipal government below the county or civil township level. Certain cities have consolidated with their county government to form consolidated city-counties, or have been legally separated from counties altogether to form
independent cities An independent city or independent town is a city or town that does not form part of another general-purpose local government entity (such as a province). Historical precursors In the Holy Roman Empire, and to a degree in its successor state ...
. States may also create special-purpose districts that perform a single function or a set of related functions within an area inside one or more counties or municipalities, like
school district A school district is a special-purpose district that operates local public primary and secondary schools in various nations. North America United States In the U.S, most K–12 public schools function as units of local school districts, w ...
s, water management districts, fire management districts, and library districts.


See also


President

* Executive Office *
Line-item veto The line-item veto, also called the partial veto, is a special form of veto power that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill. Many countries have differen ...


Courts

* District courts * Federal courts * Federal judicial circuit


Law

*
U.S. Code In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of th ...


Agencies

* Federal agencies


States and territories

* Political divisions * U.S. territory


Works and websites

* Business.gov * Copyright status of work by the U.S. government * USA.gov


Notes


References


Further reading

* Greenstein, Fred I. et al. ''Evolution of the modern presidency : a bibliographical survey'' (1977) bibliography and annotation of 2500 scholarly books and articles
online
4 *


External links

* (Portal of the U.S. Federal government of the United States) {{Authority control Federalism in the United States 1789 establishments in the United States