Congress has the power to create, organize, and disband all federal agencies. …
Congress has the power to create, organize, and disband all federal agencies. Most of them are under the control of the President, although few of them actually have direct contact with the White House. So, the bureaucracy has two masters Congress and the President. The bureaucracy generally falls into four broad types: Cabinet departments, government corporations, independent agencies, and regulatory commissions
The 4 million Americans who work for the federal government have many …
The 4 million Americans who work for the federal government have many faces and do many jobs. For starters, over 1.4 million are in military service. Overall, they represent much more of a cross section of the American population than do members of Congress or federal judges. About 43% are women, and 28% represent minority groups.
Bureaucracies move slowly. One hand doesn't always know what the other is …
Bureaucracies move slowly. One hand doesn't always know what the other is doing. Federal employees have so much job security that there is little fear of being fired for incompetence. There are so many agencies organized in such confusing ways.
Under the guidance of constitutional principles, the courts serve as watchdogs for …
Under the guidance of constitutional principles, the courts serve as watchdogs for the other branches of government. Without the justice system, democracy might easily veer off course.
The Constitution painstakingly defines the structure and functions of the legislative (Congressional) …
The Constitution painstakingly defines the structure and functions of the legislative (Congressional) branch of the government. It clearly (although less thoroughly) addresses the responsibilities and powers of the president. But, it treats the judicial branch almost as an afterthought. Article III specifically creates only one court (the Supreme Court), allows judges to serve for life and to receive compensation, broadly outlines original and appellate jurisdiction, and outlines the trial procedure for and limitations of congressional power against those accused of treason.
Even though the Founders surely intended that Congress hold a great deal …
Even though the Founders surely intended that Congress hold a great deal of power over the judicial branch, in reality the basic organization of federal courts has remained basically the same throughout U.S. history. Congress has created new courts and reorganized others, and the system has grown increasingly complex. The courts have a great deal of independence, however, and they have established the judicial branch as a strong coequal to Congress and the president.
Despite the Supreme Court's limitations in implementing decisions, the justices often set …
Despite the Supreme Court's limitations in implementing decisions, the justices often set policies that lead to real social change. So even though justices don't do a great deal of their work in public, and most Americans don't have a good sense of what they do, their decisions are very important. The Supreme Court has real power in the American political system.
The Constitution is silent on judicial qualifications. It meticulously outlines qualifications for …
The Constitution is silent on judicial qualifications. It meticulously outlines qualifications for the House of Representatives, the Senate, and the presidency, but it does not give any advice for judicial appointments other than stating that justices should exhibit "good behavior." As a result, selections are governed primarily by tradition.
The federal courts' most important power is that of judicial review, the …
The federal courts' most important power is that of judicial review, the authority to interpret the Constitution. When federal judges rule that laws or government actions violate the spirit of the Constitution, they profoundly shape public policy. For example, federal judges have declared over 100 federal laws unconstitutional.
What is the difference between a liberty and a right? Both words …
What is the difference between a liberty and a right? Both words appear in the Declaration of Independence and the Bill of Rights. The distinction between the two has always been blurred, and today the concepts are often used interchangeably. However, they do refer to different kinds of guaranteed protections.
The 14th Amendment guaranteed "equal protection of the law" more than 130 …
The 14th Amendment guaranteed "equal protection of the law" more than 130 years ago. The fact that it took so many years for its effects to be felt is testimony to the complexity of the decision-making process in a democracy. It took all three branches, active interest groups, and concerned individual citizens to bring the country closer to the ideal of equal rights for all.
A careful reading of the First Amendment reveals that it protects several …
A careful reading of the First Amendment reveals that it protects several basic liberties åÑ freedom of religion, speech, press, petition, and assembly. Interpretation of the amendment is far from easy, as court case after court case has tried to define the limits of these freedoms. The definitions have evolved throughout American history, and the process continues today.
What rights can Americans claim if they are accused of crimes? The …
What rights can Americans claim if they are accused of crimes? The 4th, 5th, 6th, and 8th Amendments provide much of the constitutional basis of these rights.
All countries have rules that determine who is a citizen, and what …
All countries have rules that determine who is a citizen, and what rights and responsibilities come with citizenship. In the United States, the 14th Amendment gives constitutional protection of the basic rights of citizenship: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside." So citizenship is conferred on the basis of place of birth and the process of naturalization.
Public policy is a goal-oriented course of action that the government follows …
Public policy is a goal-oriented course of action that the government follows in dealing with a problem or issue in the country. Public policies are based on law, but many people other than legislators set them. Individuals, groups, and even government agencies that do not comply with policies can be penalized. This complicated process goes through a predictable series of steps:
United States foreign policy has changed dramatically from George Washington's day. Although …
United States foreign policy has changed dramatically from George Washington's day. Although Americans always pay attention to the advice of their revered founder, the world is of course not the same. The many people that shape American foreign policy today accept the fact that the United States is a member of a world community that cannot afford to ignore the importance of getting along.
Just as developing a coherent foreign policy is problematic in these post-Cold …
Just as developing a coherent foreign policy is problematic in these post-Cold War days, so is the question of defending the country against possible danger from outside its borders. The avoidance of war, as indicated by the 1947 name change from "Department of War" to "Department of Defense" today holds the highest priority, and the hope that the United States can play a role in limiting violent upheavals around the world is reflected in both its foreign and military policies.
Until the 20th century the country abided by the laissez-faire policy, which …
Until the 20th century the country abided by the laissez-faire policy, which required a free market with little intervention from government. With the Great Depression came Keynesian economics, or the opposite belief that the government should manage the economy. Today, United States economic policy lies somewhere in between åÑ government should regulate and sometimes manage, but should allow a free market whenever possible. Political and business leaders disagree on how much control is enough.
Does the right to pursue happiness include access to a free public …
Does the right to pursue happiness include access to a free public education? Do all Americans have an unalienable right to health care under this happiness umbrella? Should the unemployed be assisted in their times of need?
Beneath the layer of the national government lies a complex web of …
Beneath the layer of the national government lies a complex web of state and local officials and institutions. The nation's founders concern over tyranny transcended their separation of power among the three branches of government. Power is also divided by level, with each layer performing its designated responsibility. States and communities would even have the freedom to design their own institutions and create their own offices. This creates a multitude of "laboratories" where government leaders at any level could see which systems were successful and which were problematic.
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