Picture1.jpg II. STRUCTURE OF U.S. GOVERNMENT PRESENTED BY: JUDGE MARK A. SPEISER Picture1.jpg image001.gif Picture1.jpg •I. LEGISLATURE (ARTICLE 1) • •A. 2 BRANCHES KNOWN AS CONGRESS •SENATE •HOUSE OF REPRESENTATIVES (HOUSE) • •PRIMARY RESPONSIBILITY •ENACT FEDERAL STATUTES • • • • democrats-cap-and-trade-bill-house-renewable.jpg Picture1.jpg •B. SENATE (ARTICLE 1 SECTION 3) •100 MEMBERS •2 ELECTED FROM ALL VOTERS IN EACH STATE •MUST BE US CITIZEN AT LEAST 9 YEARS •AT LEAST 30 YEARS OLD •CAN SERVE UNLIMITED NUMBER OF 6 YEAR TERMS Picture1.jpg •EACH SENATOR HAS 1 VOTE •VICE-PRESIDENT OF U.S. SERVES AS PRESIDENT OF SENATE, BUT HAS NO VOTE UNLESS SENATE VOTE IS EQUALLY DIVIDED •HAS POWER TO IMPEACH THE PRESIDENT •SALARY $174,000 Picture1.jpg C. HOUSE (ARTICLE 1 SECTION 2) •CURRENTLY 435 MEMBERS •TOTAL NUMBER MAY CHANGE EVERY 10 YEARS AFTER U.S. CENSUS TO ENSURE NUMBER OF MEMBERS EACH STATE HAS REFLECTS THE RELATIVE SIZE OF EACH STATE’S POPULATION COMPARED WITH OTHER STATES • Picture1.jpg •EACH CONGRESSMAN ELECTED BY ALL VOTERS WITHIN A CONGRESSIONAL DISTRICT •EACH CONGRESSIONAL DISTRICT IS WITHIN ONE STATE, THOUGH MOST STATES HAVE MULTIPLE CONGRESSIONAL DISTRICTS •IN STATES WITH MULTIPLE CONGRESSIONAL DISTRICTS, EACH ONE IS EQUAL IN POPULATION TO ALL OTHER CONGRESSIONAL DISTRICTS WITHIN THE SAME STATE •A CONGRESSIONAL CANDIDATE MUST BE US CITIZEN AT LEAST 7 YEARS • Picture1.jpg •AT LEAST 25 YEARS OLD •CAN SERVE UNLIMITED NUMBER OF 2 YEAR TERMS •SPEAKER OF HOUSE IS LEADER OF REPRESENTATIVES • nancy.jpg Picture1.jpg •5 NONVOTING DELEGATES FROM: •DISTRICT OF COLUMBIA •US VIRGIN ISLANDS •AMERICAN SAMOA •NORTH MARIANA ISLANDS •GUAM •PUERTO RICO REPRESENTED BY NON-VOTING RESIDENT COMMISSIONER •SALARY $174,000 Picture1.jpg D. GENERAL POWERS OF CONGRESS (ART.1 SECTIONS 8) •TAXING POWER TO RAISE REVENUES AND PAY DEBTS •PROVIDE FOR THE WELFARE AND HEALTH OF CITIZENS •REGULATE FOREIGN AND DOMESTIC INTERSTATE COMMERCE •TO DECLARE WAR, PROVIDE A DEFENSE AND ARM THE MILITARY Picture1.jpg •TO PRINT AND REGULATE THE U.S. CURRENCY •ENACT LAWS •POSTAL POWER •PROMOTE SCIENCE AND ARTS •COPYRIGHT AND TRADEMARK POWER •BANKRUPTCY POWER •IMMIGRATION AND NATURALIZATION POWERS Picture1.jpg E. HOW LEGISLATION BECOMES LAW (ART. 1 SECTION 7) •EVERY BILL (PROPOSED LEGISLATION) MUST PASS BOTH CHAMBERS OF CONGRESS BY A MAJORITY VOTE •IF PRESIDENT SIGNS BILL IT BECOMES LAW •IF PRESIDENT TAKES NO ACTION ON BILL AT ALL AFTER 10 DAYS, BILL AUTOMATICALLY BECOMES LAW Picture1.jpg •IF BILL TIMELY REJECTED BY PRESIDENT (“VETO”), BILL RETURNS WITH THE PRESIDENT’S NOTED OBJECTIONS TO CONGRESS WHERE IT IS VOTED ON AGAIN. IF AFTER RECONSIDERATION, 2/3RDS OF BOTH CHAMBERS APPROVE (“OVERRIDING A VETO”) THE BILL BECOMES LAW WITHOUT THE PRESIDENT’S SIGNATURE •OTHERWISE THE BILL FAILS • AND DOES NOT BECOME LAW •A BILL CAN ORIGINATE IN EITHER CHAMBER BY A • MEMBER OF THAT CHAMBER • (EXCEPT BILLS TO RAISE REVENUE, • “TAXES” THAT MUST ORIGINATE IN • THE HOUSE) veto.gif Picture1.jpg II. EXECUTIVE BRANCH (ART. 2 SECTION 1) •PRESIDENT MAY SERVE 2 TERMS, EACH TERM IS 4 YEARS •MUST BE A NATURAL BORN U.S. CITIZEN •AT LEAST 35 YEARS OLD AND 14 YEAR RESIDENT OF U.S. •SALARY IS $400,000 Picture1.jpg A. PRESIDENTIAL POWERS (ART.2 SECTION 2) •COMMANDER-IN-CHIEF-MILITARY •GRANT PARDONS FOR CRIMES AGAINST U.S. •ENTER INTO TREATIES WITH ADVICE AND CONSENT OF 2/3RDS OF SENATE •APPOINT AMBASSADORS, CABINET MEMBERS, FEDERAL JUDGES WITH CONSENT OF MAJORITY OF SENATE •VETO POWER OVER PROPOSED CONGRESSIONAL LEGISLATION Picture1.jpg B. PRESIDENTIAL CABINET (ART. 2 SECTION 2) •SECRETARY OF STATE •SECRETARY OF TREASURY •SECRETARY OF DEFENSE •ATTORNEY GENERAL (DEPARTMENT OF JUSTICE) •SECRETARY OF INTERIOR Picture1.jpg •SECRETARY OF AGRICULTURE •SECRETARY OF COMMERCE •SECRETARY OF LABOR •SECRETARY OF HEALTH AND HUMAN SERVICES •SECRETARY OF HOUSING AND URBAN DEVELOPMENT • • Picture1.jpg •SECRETARY OF TRANSPORTATION •SECRETARY OF ENERGY •SECRETARY OF EDUCATION •SECRETARY OF VETERAN AFFAIRS •SECRETARY OF HOMELAND SECURITY Picture1.jpg C. CABINET MEMBERS •ANNUAL SALARY $199,700 •SERVE AT WILL OF PRESIDENT BUT MUST BE APPROVED BY A MAJORITY VOTE OF SENATE AND ONLY PRESIDENT CAN FIRE THEM •COLLECTIVELY MEET WEEKLY WITH THE PRESIDENT Picture1.jpg D. FEDERAL LAW ENFORCEMENT AGENCIES •DEPARTMENT OF JUSTICE •FEDERAL BUREAU OF INVESTIGATION(FBI) •DRUG ENFORCEMENT ADMINISTRATION (DEA) •BUREAU OF ALCOHOL, TOBACCO AND FIREARMS (ATF) •U.S. MARSHALS SERVICE •FEDERAL BUREAU OF PRISONS • Picture1.jpg DEPARTMENT OF HOMELAND SECURITY (DHS) •BORDER PATROL (USBP) •IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) •SECRET SERVICE (USSS) •WHITE HOUSE POLICE FORCE •FEDERAL AIR MARSHALS Picture1.jpg E. JURISDICTION OF FEDERAL LAW ENFORCEMENT •ENFORCE NATIONWIDE FEDERAL LAWS WITHIN SCOPE OF THEIR AGENCY’S STATUTORY AUTHORITY AS SET FORTH IN U.S. CODE •WITH PASSAGE OF U.S. PATRIOT ACT ON OCTOBER 26, 2001, FEDERAL OFFICERS’ POWER EXPANDED TO STATE, COUNTY AND LOCAL LEVELS Picture1.jpg III JUDICIARY (ART. 3) •U.S. SUPREME COURT •9 JUSTICES NOMINATED BY PRESIDENT AND CONFIRMED BY MAJORITY OF SENATE •LIFETIME TENURE •SALARY •CHIEF JUDGE (1) •$223,500 •ASSOCIATE JUSTICES (8) •$213,900 Supreme Court Building.jpg Picture1.jpg •HIGHEST JUDICIAL BODY IN U.S. •JURISDICTION OVER TWO TYPES OF CASES •ORIGINAL JURISDICTION •VERY FEW HANDLED EACH TERM •CASES AFFECTING AMBASSADORS •DISPUTES BETWEEN STATES Picture1.jpg • APPELLATE JURISDICTION •GRANTED BY FEDERAL STATUTES OR ART. III, SECTION 2 OF CONSTITUTION •PETITION FOR WRIT OF CERTIORARI FILED BY LOSING PARTY TO A CASE DECIDED BY A U.S.COURT OF APPEALS •WRIT OF CERTIORARI FROM A STATE SUPREME COURT WHERE AN ISSUE OF CONSTITUTIONAL OR U.S. STATUTORY LAW IS IN QUESTION •CERTIFIED QUESTION FROM A U.S. COURT OF APPEALS REQUESTING DIRECTION AS TO HOW TO DECIDE A CASE (RARE) •TO RESOLVE CONFLICT IN DECISIONS ON A PARTICULAR LEGAL ISSUE BETWEEN U.S. COURTS OF APPEALS IN TWO DIFFERENT CIRCUITS Picture1.jpg IV SEPARATION OF POWERS •GOVERNMENT CONSISTS OF 3 EQUAL BRANCHES THAT ARE KEPT DISTINCT TO PREVENT ABUSE AND STACKING OF POWER Picture1.jpg EXAMPLES •A. LEGISLATIVE POWERS (ART I) •ARE SINGULARLY VESTED IN CONGRESS •POSSESSES EXCLUSIVE POWER TO ENACT LAWS, INCIDENTAL TO WHICH IS THE RIGHT TO CONDUCT INVESTIGATIONS AND HEARINGS UPON WHICH LEGISLATION MAY BE ENACTED •CLINTON V. CITY OF NEW YORK •524.U.S.417(1998) US SUPREME COURT STATED •LINE ITEM VETO ACT OF 1996 ENACTED BY CONGRESS VIOLATED “THE •PRESENTMENT CLAUSE” OF ART 1, •SECTION 7 OF CONSTITUTION BY GIVING •PRESIDENT AUTHORITY TO SELECTIVELY •NULLIFY AND CANCEL CERTAIN PROVISIONS •OF APPROPRIATION BILLS BEFORE SIGNING IT INTO •LAW. • Picture1.jpg •IT IS IMPERMISSIBLE FOR CONGRESS TO EXTEND TO THE PRESIDENT POWER TO UNILATERALLY AMEND PARTS OF STATUTES DULY PASSED BY CONGRESS •CLINTON DECISION HELD ALTHOUGH PRESIDENT HAS POWER TO INITIATE AND INFLUENCE THE LEGISLATIVE PROCESS, AS WELL AS THE POWER TO RETURN TO CONGRESS AN ENTIRE BILL WITHIN 10 DAYS AFTER IT IS PRESENTED TO HIM (“PRESIDENTIAL VETO”), PRESIDENT HAS NO POWER TO ENACT, AMEND, APPEAL OR CANCEL PORTIONS OF A STATUTE • Picture1.jpg Picture1.jpg Picture1.jpg Picture1.jpg B. EXECUTIVE POWERS (ART 2 SECTION 1) •PRESIDENT HAS NO POWER TO ENACT LAWS BUT HAS POWER TO IMPLEMENT LAWS PASSED BY CONGRESS •FEW POWERS EXPRESSLY CONFERRED UNDER ARTICLE 2 OF U.S. CONSTITUTION TO THE PRESIDENT •SUPREME COURT INTERPRETS CONSTITUTION TO IMPLY MOST OF PRESIDENT’S DOMESTIC AND FOREIGN POWERS • Picture1.jpg Picture1.jpg Picture1.jpg • V. INTERBRANCH CHECKS UPON EXERCISE OF FEDERAL POWER • •SEPARATION OF POWERS BETWEEN THREE BRANCHES IS NOT ABSOLUTE •IT IS QUALIFIED BY DOCTRINE OF “CHECKS AND BALANCES” •EACH BRANCH HAS CONSTITUTIONAL CONTROL OVER EACH OTHER •SYSTEM ALLOWS EACH BRANCH TO RESTRAIN ABUSE BY ANOTHER BRANCH Picture1.jpg Picture1.jpg Picture1.jpg Picture1.jpg Picture1.jpg Picture1.jpg THE END