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SUMMARY. 1. The American Constitution is based on the doctrine of the sep­aration of powers between the Executive (the Presidency)




1. The American Constitution is based on the doctrine of the sep­aration of powers between the Executive (the Presidency), Legis­lative (Congress) and Judiciary (the Courts) branches.

2. All legislative powers of the federal government are granted to the Congress. Congress is a bicameral legislature, consisting of two chambers: the House of Representatives (the “Lower House”) and the Senate (the “Upper House”).

3. As far as passing legislation is concerned, the Senate is fully equal to the House of Representatives. The House lacks two specific powers granted to the Senate. Only the Senate can approve treaties negotiated and submitted by the President. The Senate also has sole power to confirm cabinet members and other key government officers. However, the House has the power to withhold funding to carry out the agreements, and thus has leverage over many treaties. Moreover, the legislation dealing with gathering revenue (generally through taxes) originates in the House of Representatives (specifically the U.S. House Committee on Ways and Means).

4. Congress has sole jurisdiction over impeachment of federal officials including presidents. The House has the sole right to bring the charges of misconduct which would be considered at an impeachment trial, and the Senate has the sole power to try impeachment cases and to find officials guilty or not guilty. A guilty verdict requires a two-thirds majority in the Senate and results in the removal of the federal official from public office.

5. The Constitution provides that the Vice President shall be President of the Senate.The most powerful person in the Senate is the Senate Majority Leader. The House of Representatives has its own presiding officer — the Speaker of the House, whois elected by the House and has important responsibili­ties, giving him considerable influence over the President.

6. Congressional committees play a dominant role in Congress proceedings. At present the Senate has 16 standing committees; the House of Representatives has 20 standing committees. Each specializes in specific areas of legislation. Almost every bill introduced in either house is referred to a committee for study and recommendation. The committee may approve, revise, kill or ignore any measure referred to it. It is nearly impossible for a bill to reach the House or Senate floor without first winning committee approval.

7. Bills are introduced by a variety of methods: a) some are drawn up by standing committees; в) some by special committees created to deal with specific legislative issues; and с) some may be suggested by the President or other executive officers; d) citizens and organizations outside the Congress may suggest legislation to members; and e) individual members themselves may initiate bills.

8. The President has the option of signing the bill (at this point it becomes national law) or vetoing it. A bill vetoed by the President must be reapproved by a two-thirds vote of both houses to become law, this is called overriding a veto.

9. Congress is a collegial and not a hierarchical body. Power does not flow from the top down, as in a corporation, but in practically every direction, the legislative behavior of representatives and senators tends to be individualistic, reflecting the great variety of electorates represented and the freedom that comes from having built a loyal personal constituency.

10. The head of the executive branch is the U.S. President, who is both the head of state and head of government. Under him is the Vice President and the Cabinet. The officials in the United States Cabinet are strongly subordinate to the President. The President is the executive and Commander-in-Chief, responsible for controlling the U.S. armed forces and nuclear arsenal. The President may veto legislation passed by Congress; he or she may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for “treason, bribery, or other high crimes and misdemeanors.” The President may not dissolve Congress or call special elections, but does have the power to pardon convicted criminals, give executive orders, and (with the consent of the Senate) appoint Supreme Court justices and federal judges.

11. U.S. Presidential elections are held every four years. The President and the Vice President are the only two nationally elected officials in the United States. They are elected indirectly, through the Electoral College.

12. The U.S. judicial branch is represented by the federal courts, which include district courts, courts of appeal, and the Supreme Court; by 90 district courts, which are trial courts; by 13 courts of appeals; and by several legislative courts which decide the cases that lie outside of the Constitution’s Article III.

13. Each branch of government power checks or limits the power of the other branches.

14. The U.S. has had only two major parties throughout its history. Three features have characterized the party system in the United States: 1) two major parties alternating in power; 2) lack of ideology; and 3) lack of unity and party discipline.




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