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The United States federal
government is comprised of three branches: the executive branch,
the legislative branch, and the judicial branch.
Executive Branch
The executive branch includes
the President, the Vice President, the Cabinet and all federal
departments, and most governmental agencies. All executive
power of the government is vested in the President, who serves
a four-year term. The President is the Commander in Chief
of the military, and has primary authority over foreign affairs.
The President has the power to make treaties, but only with
the approval of two-thirds of the United States Senate. The
President also has the power to nominate all Supreme Court
Justices, all other federal judges, ambassadors, and all other
officers of the United States. The President has the power
to veto legislation. The Vice President is also the President
of the Senate, but votes only in the case of a tie vote in
the Senate. The Vice President serves the same four-year term
as the President.
The President selects the
heads of the 14 government departments. These departments
are not specified in the Constitution and have varied in name
and number over time. They now are the Department of State,
Treasury, Defense, Justice, Interior, Agriculture, Commerce,
Labor, Health and Human Services, Housing and Urban Development,
Transportation, Energy, Education, and Veterans Affairs. The
heads of the departments form the Cabinet, which is the highest
advisory group to the President. The executive branch also
includes dozens of governmental agencies. The primary difference
between agencies and departments is that agencies serve a
very specific need. Government agencies include, for example,
the Environmental Protection Agency (EPA) and the Federal
Trade Commission (FTC). The Administrator of the Environmental
Protection Agency, the head of that agency, is not a member
of the Cabinet.
Legislative Branch
All federal legislative powers
are vested in the Congress of the United States, which consists
of two chambers: a Senate and a House of Representatives.
There are 100 Senators, two from each of the fifty states.
Senators serve six-year terms. The House of Representatives
has 435 members, which are apportioned by population, with
each state guaranteed at least one Representative. Representatives
serve two-year terms.
The powers of the Congress
are specifically enumerated in the Constitution and include,
among other things, the power to lay and collect taxes, duties,
and tariffs. Congress also has the power to regulate commerce
with foreign nations, among the several states, and with Indian
tribes. This "Commerce Clause" provides the authority
for most federal regulation of the environment.
To become law, a bill must
be passed by both the House and the Senate, and signed by
the President. The President has the option of vetoing the
legislation, but the Congress can override the veto with a
two-thirds vote of both chambers.
The Congress also has substantial
powers in overseeing the activities of the executive branch.
The House of Representatives has the sole power to impeach
the President and other officers, and the Senate the sole
power to try impeachment. United States Congressional committees
may demand disclosure of information and require agency officials
to testify before them. The Congress has also established
the General Accounting Office (GAO), which evaluates executive
branch activities and reports back to the Congress. Most GAO
reports are public documents.
Much of Congress' work is
done by Congressional committees. The number and scope of
Congressional committees can change, particularly when political
control of the chamber changes parties and when the jurisdiction
of committees overlaps, as is often the case. In the Senate,
the following committees currently have jurisdiction over
issues relating to environmental protection or natural resource
conservation: the Agriculture, Nutrition, and Forestry Committee;
the Appropriations Committee; the Commerce, Science and Transportation
Committee; the Energy and Natural Resources Committee; the
Environment and Public Works Committee; and, the Governmental
Affairs Committee. In the House of Representatives, the following
committees have jurisdiction over environmental protection
or natural resource conservation: the Agriculture Committee;
the Appropriations Committee; the Commerce Committee; the
Government Reform and Oversight Committee; the Resources Committee;
the Transportation and Infrastructure Committee; and, the
Science Committee.
Judicial
Branch
The federal judiciary is hierarchical. The highest court in
the United States, and the only one required by the Constitution,
is the United States Supreme Court. The Supreme Court's decision
is the final decision in any case. The Supreme Court has nine
members: a Chief Justice and eight Associate Justices. The
Supreme Court has limited original jurisdiction, hearing most
of its cases on appeal. In most cases, the losing party must
petition the Court through a writ of certiorari to hear the
case. The Court votes first on the writ, requiring four yes
votes to hear the case.
The Circuit Courts of Appeals
are the level of courts immediately below the Supreme Court.
The Circuit Courts hear appeals from the District Courts,
the lowest level of federal courts. There is one Federal Circuit
Court, one D.C. Circuit Court, 11 other Circuit Courts, and
more than 90 District Courts. The Congress has also established
several courts that address special types of cases. Cases
from these courts are appealed to the United States Court
of Appeals for the Federal Circuit. These include the United
States Court of Federal Claims, the United States Court of
International Trade, the United States Court of Veterans Appeals,
the International Trade Commission, the Board of Contract
Appeals, the Patent and Trademark Office, and the Merit Systems
Protection Board. Cases from the Court of Military Appeals
are appealed directly to the Supreme Court.
All federal judges are appointed
by the President and approved by the Senate. Federal judges
hold their office for life, subject to impeachment by Congress.
They have authority to interpret the Constitution, all federal
statutes, treaties, and federal administrative rules, but
their authority is limited to actual cases and controversies.
The federal courts do not provide advisory opinions. The federal
courts also have authority to naturalize persons as United
States citizens and to settle certain legal disputes, such
as: between citizens of different states; between two or more
states; between individuals and the federal government; between
states and the federal government; and, between states and
foreign governments.
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