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WELCOME TO CONSTITUTIONAL LAW….SLAP! 

The Preamble to the United States Constitution- is a brief introductory statement

of the fundamental purposes and guiding principles that the Constitution is meant to serve. In general

terms it states, and courts have referred to it as reliable evidence of, the Founding Fathers' intentionsregarding the Constitution's meaning and what they hoped it would achieve (especially as compared

with the Articles of Confederation).

  We the People of the United States, in Order to form a more perfect Union, establish Justice,

insure domestic Tranquility, provide for the common defense,[1]

 promote the general Welfare,

and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this

Constitution for the United States of America. 

Article 1- of the United States Constitution describes the powers of the legislative branch of the

federal government - the Congress. 

1 Section 1: Legislative power vested in Congress

2 Section 2: House of Representatives

  2.1 Clause 1: Composition and election of Members  2.2 Clause 2: Qualifications of Members  2.3 Clause 3: Apportionment of Representatives and taxes  2.4 Clause 4: Vacancies  2.5 Clause 5: Speaker and other officers; Impeachment

  3 Section 3: Senate

  3.1 Clause 1: Composition; Election of Senators  3.2 Clause 2: Classification of Senators; Vacancies  3.3 Clause 3: Qualifications of Senators  3.4 Clause 4: Vice President as President of Senate; Voting power  3.5 Clause 5: President pro tempore and other officers  3.6 Clause 6: Trial of Impeachments  3.7 Clause 7: Judgment in cases of impeachment; Punishment on conviction

  4 Section 4: Congressional elections

  4.1 Clause 1: Time, place, and manner of holding  4.2 Clause 2: Sessions of Congress

  5 Section 5: Procedure

  5.1 Clause 1: Qualifications of Members  5.2 Clause 2: Rules  5.3 Clause 3: Record of proceedings

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  5.4 Clause 4: Adjournment

  6 Section 6: Compensation, privileges, and restrictions on holding civil office

  6.1 Clause 1: Compensation and legal protection  6.2 Clause 2: Independence from the executive

  7 Section 7: Bills

  7.1 Clause 1: Bills of revenue  7.2 Clause 2: From bills to law  7.3 Clause 3: Presidential veto

  8 Section 8: Powers of Congress

  8.1 Enumerated powers

  8.2 Commerce Clause  8.3 Other powers of Congress  8.4 Necessary and Proper clause & Implied Powers (Section 8, Clause 18) 

  9 Section 9: Limits on Congress

  10 Section 10: Limits on the States

  10.1 Clause 1: Contracts Clause  10.2 Clause 2: Export Clause  10.3 Clause 3: Compact Clause

Article 2- of the United States Constitution creates the executive branch of the government, 

comprising the President and other executive officers. 

1 Section 1: President and Vice President

  1.1 Clause 1: Executive power  1.2 Clause 2: Method of choosing electors  1.3 Clause 3: Electors  1.4 Clause 4: Election day  1.5 Clause 5: Qualifications for office  1.6 Clause 6: Vacancy and disability  1.7 Clause 7: Salary  1.8 Clause 8: Oath or affirmation

  2 Section 2: Presidential powers

  2.1 Clause 1: Command of military; Opinions of cabinet secretaries; Pardons  2.2 Clause 2: Advice and Consent Clause

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o  2.2.1 Treatieso  2.2.2 Appointments

  2.3 Clause 3: Recess appointments

  3 Section 3: Presidential responsibilities

  3.1 Clause 1: State of the Union  3.2 Clause 2: Calling Congress into extraordinary session; adjourning Congress  3.3 Clause 3: Receiving foreign representatives  3.4 Clause 4: Caring for the faithful execution of the law  3.5 Clause 5: Officers' Commission

  4 Section 4: Impeachment

Article 3- of the United States Constitution establishes the judicial branch of the federal

government. The judicial branch comprises the Supreme Court of the United States and lower courts as

created by Congress. 

  1 Section 1: Federal courts

  1.1 Number of courts  1.2 Tenure  1.3 Salaries

  2 Section 2: Federal jurisdiction and trial by jury

  2.1 Subject-matter jurisdiction  2.2 Eleventh Amendment and State Sovereign Immunity  2.3 Cases and controversies  2.4 Original and appellate jurisdiction  2.5 Judicial review  2.6 Trial by jury

  3 Section 3: Treason

Article 4- of the United States Constitution relates to the states. The article outlines the duties

states have to each other, as well as those the federal government has to the states. Article Four also

provides for the admission of new states and the changing of state boundaries.   1 Section 1: Full faith and credit

  2 Section 2: Obligations of states

  2.1 Clause 1: Privileges and Immunities  2.2 Clause 2: Extradition of fugitives  2.3 Clause 3: Fugitive Slave Clause

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  3 Section 3: New states and federal property

  3.1 Clause 1: New states  3.2 Clause 2: Federal property and the Territorial Clause

  4 Section 4: Obligations of the United States

  4.1 Clause 1: Republican government  4.2 Clause 2: Protection from invasion and domestic violence

Article 5- of the United States Constitution describes the process whereby the Constitution

may be altered. Amendments may be proposed by the United States Congress or by a nationalconvention assembled at the request of the legislatures of at least two-thirds of the several states. To become part of the Constitution, amendments must then be ratified either by approval of thelegislatures of three-fourths of the states or ratifying conventions held in three-fourths of thestates.

  “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose

Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the

several States, shall call a Convention for proposing Amendments, which, in either Case, shall be

valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of 

three fourths of the several States or by Conventions in three fourths thereof, as the one or the

other Mode of Ratification may be proposed by the Congress; Provided that no Amendment

which may be made prior to the Year One thousand eight hundred and eight shall in any Manner

affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State,

without its Consent, shall be deprived of its equal Suffrage in the Senate.” 

  Notes: Amendments to certain aspects of Article One, unlike amendments to other articles, are

explicitly restricted by the Constitution (these restrictions are imposed by Article Five). For

example, no amendment made prior to 1808 could affect the first and fourth clauses of Section

Nine. The first clause prevented Congress from prohibiting the slave trade until 1808; the fourth

barred any direct taxes that were not apportioned among the States according to population. 

Article 6- (Supremacy Clause) establishes the United States Constitution and the laws and treaties of 

the United States made in accordance with it as the supreme law of the land, forbids religion as a

requirement for holding a governmental position and holds the United States under the Constitution

responsible for debts incurred by the United States under the Articles of Confederation.

  ―All Debts contracted and Engagements entered into, before the Adoption of thisConstitution, shall be as valid against the United States under this Constitution, as underthe Confederation. ― 

  ―This Constitution, and the Laws of the United States which shall be made in Pursuancethereof; and all Treaties made, or which shall be made, under the Authority of the UnitedStates, shall be the supreme Law of the Land; and the Judges in every State shall be

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bound thereby, any Thing in the Constitution or Laws of any State to the Contrarynotwithstanding. ― 

  ―The Senators and Representatives before mentioned, and the Members of the severalState Legislatures, and all executive and judicial Officers, both of the United States andof the several States, shall be bound by Oath or Affirmation, to support this Constitution;

but no religious Test shall ever be required as a Qualification to any Office or publicTrust under the United States.‖ 

Article 7- of the United States Constitution describes how many state ratifications were necessary

for the Constitution to take effect

  “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of 

this Constitution between the States so ratifying the Same.” 

Bill of Rights

  The First Amendment to the United States Constitution is part of the Bill of Rights. The

amendment prohibits the Congress from making laws "respecting an establishment of religion",

impeding the free exercise of religion, infringing on the freedom of speech and infringing on the

freedom of the press. In the 20th century, the Supreme Court held that the Due Process Clause

of the Fourteenth Amendment applies the First Amendment to each state, including any local

government. (CONGRESS) 

  The Second Amendment (Amendment II) to the United States Constitution is the part of the

United States Bill of Rights that protects a right to keep and bear arms.

[1]

 The SecondAmendment was adopted on December 15, 1791, along with the rest of the Bill of Rights. The

American Bar Association has noted that there is more disagreement and less understanding

about this right than of any other current issue regarding the Constitution.[2] 

  The Third Amendment to the United States Constitution (Amendment III) is a part of the United

States Bill of Rights. It was introduced on September 5, 1789, and then three-fourths of the

states ratified this as well as 9 other amendments on December 15, 1791. It prohibits, in

peacetime, the quartering of soldiers in private homes without the owner's consent. It makes

quartering legally permissible in wartime only, and then only according to law. The Founding

Fathers' intention in writing this amendment was to prevent the recurrence of soldiers being

quartered in private property as was done in Colonial America by the British military under the

Quartering Act before the American Revolution (1775 –1776). 

  The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. It was ratified as aresponse to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. The amendment specifically also requires search and arrestwarrants be judicially sanctioned and supported by probable cause. Search and arrest

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should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it. 

o  In  Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court ruled that the FourthAmendment applies to the states by way of the Due Process Clause of theFourteenth Amendment. The Supreme Court has also ruled that certain searches

and seizures violated the Fourth Amendment even when a warrant was properlygranted.

  The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Itsguarantees stem from English common law which traces back to the Magna Carta in1215. For instance, grand juries and the phrase "due process" both trace their origin to theMagna Carta.

  The Sixth Amendment to the United States Constitution is the part of the United StatesBill of Rights which sets forth rights related to criminal prosecutions in federal courts.The Supreme Court has applied the protections of this amendment to the states throughthe Due Process Clause of the Fourteenth Amendment. 

  The Seventh Amendment (Amendment VII) of the United States Constitution, which ispart of the Bill of Rights, codifies the right to a jury trial in certain civil trials. Unlikemost of the Bill of Rights, the Supreme Court has not incorporated the amendment'srequirements to the states under the Fourteenth Amendment. 

  The Eighth Amendment (Amendment VIII) to the United States Constitution is thepart of the United States Bill of Rights which prohibits the federal government fromimposing excessive bail, excessive fines or cruel and unusual punishments. The phrasesemployed originate in the English Bill of Rights of 1689. In Louisiana ex rel. Francis v.

 Resweber 329 U.S. 459 (1947), the Supreme Court assumed that the Cruel and UnusualPunishments Clause applied to the states. In  Robinson v. California, 370 U.S. 660 (1962),the Court ruled that clause did apply to the states through the Fourteenth Amendment. 

The Court has not ruled on whether the Excessive Bail or Excessive Fines Clauses applyto the states

  Amendment IX (the Ninth Amendment) to the United States Constitution, which is partof the Bill of Rights, addresses rights of the people that are not specifically enumerated inthe Constitution.

  The Tenth Amendment (Amendment X) of the United States Constitution, which ispart of the Bill of Rights, was ratified on December 15, 1791. The Tenth Amendmentrestates the Constitution's principle of federalism by providing that powers not granted tothe national government nor prohibited to the states by the constitution of the UnitedStates are reserved to the states or the people.

Other Amendments  The Eleventh Amendment (Amendment XI) to the United States Constitution, which was passed

by the Congress on March 4, 1794 and was ratified on February 7, 1795, deals with each state's

sovereign immunity from being sued in federal court by someone of another state or country.

This amendment was adopted in response to, and in order to overrule, the U.S. Supreme Court's

decision in Chisholm v. Georgia, 2 U.S. 419 (1793).

  The Twelfth Amendment (Amendment XII) to the United States Constitution provides the

procedure by which the President and Vice President are elected. It replaced the procedure of 

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the Electoral College under Article II, Section 1, Clause 3, which demonstrated problems in the

elections of 1796 and 1800. The Twelfth Amendment was proposed by the Congress on

December 9, 1803 and was ratified by the requisite number of state legislatures on June 15,

1804. (EXECTUVIE)

  The Thirteenth Amendment to the United States Constitution officially abolished and continues

to prohibit slavery and involuntary servitude, except as punishment for a crime. It was adopted

on December 6, 1865, and was then declared in a proclamation of Secretary of State William H.

Seward on December 18.

  The Fourteenth Amendment (Amendment XIV) to the United States Constitution, along with

the Thirteenth and Fifteenth Amendments, was adopted after the Civil War as one of the

Reconstruction Amendments on July 9, 1868. The amendment provides a broad definition of 

citizenship, overruling the decision in Dred Scott v. Sandford  (1857), which had excluded slaves, 

and their descendants, from possessing Constitutional rights; this was used in the mid-20th

century to dismantle racial segregation in the United States, as in Brown v. Board of Education 

(1954). Its Due Process Clause has been used to apply most of the Bill of Rights to the states.

This clause has also been used to recognize: (1) substantive due process rights, such as parental

and marriage rights; and (2) procedural due process rights requiring that certain steps, such as a

hearing, be followed before a person's "life, liberty, or property" can be taken away. Theamendment's Equal Protection Clause requires states to provide equal protection under the law

to all people within their jurisdictions. The amendment also includes a number of clauses

dealing with the Confederacy and its officials.

  The Fifteenth Amendment (Amendment XV) to the United States Constitution prohibits each

government in the United States from denying a citizen the right to vote based on that citizen's

"race, color, or previous condition of servitude" (i.e., slavery). It was ratified on February 3,

1870.

  The Sixteenth Amendment (Amendment XVI) to the United States Constitution allows the

Congress to levy an income tax without apportioning it among the states or basing it on Census

results. This amendment overruled Pollock v. Farmers' Loan & Trust Co. (1895), which limited

the Congress's authority to levy an income tax. (CONGRESS)  The Seventeenth Amendment (Amendment XVII) to the United States Constitution was passed

by the Senate on June 12, 1911, the House of Representatives on May 13, 1912, and ratified by

the states on April 8, 1913. The amendment supersedes Article I, § 3, Clauses 1 and 2 of the

Constitution, transferring Senator selection from each state's legislature to popular election by

the people of each state. It also provides a contingency provision enabling a state'sgovernor, if 

so authorized by the state legislature, to appoint a Senator in the event of a Senate vacancy until

either a special or regular election to elect a new Senator is held. (CONGRESS-STATES)

  Amendment XVIII (the Eighteenth Amendment) of the United States Constitution, along with

the Volstead Act (which defined "intoxicating liquors" excluding those used for religious

purposes and sales throughout the U.S.), established Prohibition in the United States. Its

ratification was certified on January 16, 1919. It is the only amendment to the Constitution thathas been repealed (by the Twenty-first Amendment) (1933).

  The Nineteenth Amendment (Amendment XIX) to the United States Constitution prohibits each

state and the federal government from denying any citizen the right to vote because of that

citizen's sex. It was ratified on August 18, 1920.

  The Twentieth Amendment (Amendment XX) to the United States Constitution establishes the

beginning and ending of the terms of the elected federal offices. It also deals with scenarios in

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which there is no President-elect. The Twentieth Amendment was ratified on January 23, 1933.

(CONGRESS-LEGISLATIVE-EXECUTIVE)

  The Twenty-first Amendment (Amendment XXI) to the United States Constitution repealed the

Eighteenth Amendment to the United States Constitution, which mandated nationwide

Prohibition. It was ratified on December 5, 1933.

  The Twenty-second Amendment (Amendment XXII) of the United States Constitution sets a

term limit for the President of the United States. The Congress passed the amendment on

March 21, 1947.[1]

 It was ratified by the requisite number of states on February 27, 1951. The

Amendment was the final result of the recommendations of the Hoover Commission which was

established by President Harry S. Truman in 1947. (CONGRESS-LEGISLATIVE)

  The Twenty-third Amendment (Amendment XXIII) to the United States Constitutionpermits citizens in the District of Columbia to vote for Electors for President and VicePresident. The amendment was proposed by Congress on June 17, 1960, and ratified bythe states on March 29, 1961. The first Presidential election in which it was in effect wasthe presidential election of 1964. 

o  Prior to the passage of the amendment, residents of Washington, D.C. wereunable to vote for President or Vice President as the District is not a U.S. state. 

  The Twenty-fourth Amendment (Amendment XXIV) prohibits both Congress and thestates from conditioning the right to vote in federal elections on payment of a poll tax orother types of tax. The amendment was proposed by Congress to the states on August 27,1962, and was ratified by the states on January 23, 1964. (CONGRESS-LEG.)

o  Poll taxes appeared in Southern states after Reconstruction as a measure toprevent African Americans from voting, and had been held to be unconstitutionalby the United States Supreme Court. At the time of this amendment's passage,only five states still retained a poll tax: Virginia, Alabama, Texas, Arkansas, andMississippi. However, it wasn't until the U.S. Supreme Court ruled 6-3 in  Harper 

v. Virginia Board of Elections (1966) that all state poll taxes (for both state andfederal elections) were officially declared unconstitutional, because they violatedthe Equal Protection Clause of the Fourteenth Amendment. 

  The Twenty-fifth Amendment (Amendment XXV) to the United States Constitution deals with

succession to the Presidency and establishes procedures both for filling a vacancy in the office of 

the Vice President, as well as responding to Presidential disabilities. It supersedes the

ambiguous wording of Article II, Section 1, Clause 6 of the Constitution, which does not

expressly state whether the Vice President becomes the President, as opposed to an Acting

President, if the President dies, resigns, is removed from office or is otherwise unable to

discharge the powers of the presidency.[1]

 The Twenty-fifth Amendment was ratified in 1967.

(EXECUTIVE)

  The Twenty-sixth Amendment (Amendment XXVI) to the United States Constitution

standardized the voting age to 18. It was adopted in response to student activism against the

Vietnam War and to partially overrule the Supreme Court's decision in Oregon v. Mitchell . It wasadopted on July 1, 1971.

  The Twenty-seventh Amendment (Amendment XXVII) prohibits any law that increases or

decreases the salary of members of the Congress from taking effect, until the start of the next

set of terms of office for Representatives. It is the most recent amendment to the United States

Constitution, having been ratified in 1992, more than 202 years after its initial submission in

1789. (CONGRESS)

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Checks and balances

Separation of powers is not absolute; it is instead qualified by the doctrine of checks and

balances. James Madison wrote that the three branches "should not be so far separated as to haveno constitutional control over each other." The system of checks and balances is designed to

allow each branch to restrain abuse by another branch. 

Legislative Executive  Judicial

  Writes and enactslaws

  Enacts taxes,authorizesborrowing, andsets the budget

  Has sole power todeclare war

  May startinvestigations,especially againstthe executivebranch

  Often appoints theheads of theexecutive branch

  Sometimesappoints judges

  Ratifies treaties

  May veto laws  May not refuse to

spend moneyallocated forcertain purposes

  Wages war at thedirection of Congress(Congress makesthe rules for themilitary)

  Makes decrees ordeclarations (forexample, declaringa state of emergency) andpromulgates lawfulregulations andexecutive orders

  Often appoints judges

  Has power to grantpardons toconvicted criminals

  Determines which laws Congressintended to apply to any givencase

  Determines whether a law isunconstitutional

  Determines how Congress meantthe law to apply to disputes

  Determines whether whatCongress has legislated isunconstitutional 

  Determines how a law acts todetermine the disposition of prisoners

  Determines how a law acts tocompel testimony and theproduction of evidence

  Determines how laws should beinterpreted to assure uniformpolicies in a top-down fashion viathe appeals process, but givesdiscretion in individual cases tolow-level judges. (The amount of discretion depends upon thestandard of review, determined bythe type of case in question.)

  Polices its own members  Is never immune to arbitrary

dismissal by Congress throughimpeachment proceedings

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Legislative Branch 

  Checks on the Executive

o  Impeachment power (House)o  Trial of impeachments (Senate)o  Selection of the President (House) and Vice President (Senate) in the case of no

majority of electoral voteso  May override Presidential vetoeso  Senate approves departmental appointmentso  Senate approves treaties and ambassadorso  Approval of replacement Vice Presidento  Power to declare waro  Power to enact taxes and allocate fundso  President must, from time-to-time, deliver a State of the Union address

  Checks on the Judiciaryo  Senate approves federal judgeso  Impeachment power (House)o  Trial of impeachments (Senate)o  Power to initiate constitutional amendmentso  Power to set courts inferior to the Supreme Courto  Power to set jurisdiction of courtso  Power to alter the size of the Supreme Court

  Checks on the Legislature - because it is bicameral, the Legislative branch has a degree of self-checking.

o  Bills must be passed by both houses of Congresso 

House must originate revenue billso  Neither house may adjourn for more than three days without the consent of the

other houseo  All journals are to be published

Executive Branch 

  Checks on the Legislatureo  Veto power o  Vice President is President of the Senateo  Commander in chief of the militaryo 

Recess appointmentso  Emergency calling into session of one or both houses of Congresso  May force adjournment when both houses cannot agree on adjournmento  Compensation cannot be diminished

  Checks on the Judiciaryo  Power to appoint judgeso  Pardon power

  Checks on the Executive

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o  Vice President and Cabinet can vote that the President is unable to discharge hisduties

Judicial Branch 

 Checks on the Legislature

o  Judicial reviewo  Seats are held on good behavioro  Compensation cannot be diminished

  Checks on the Executiveo  Judicial reviewo  Chief Justice sits as President of the Senate during presidential impeachment

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Agencies

United States administrative law encompasses a number of  statutes and cases which define theextent of the powers and responsibilities held by administrative agencies of the United StatesGovernment. The executive, legislative, and  judicial branches of the U.S. federal government cannot always directly perform their constitutional responsibilities. Specialized powers aretherefore delegated to an agency, board, or commission. These administrative governmentalbodies oversee and monitor activities in complex areas, such as commercial aviation, medicaldevice manufacturing, and securities markets.

Justice Breyer defines administrative law in four parts. Namely, the legal rules and principlesthat: (1) define the authority and structure of administrative agencies; (2) specify the proceduralformalities employed by agencies; (3) determine the validity of agency decisions; and (4) definethe role of reviewing courts and other governmental entities in relation to administrativeagencies. [1] 

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U.S. federal agencies have the power to adjudicate, legislate, and enforce laws within theirspecific areas of delegated power. Agencies "legislate" through rulemaking - the power topromulgate (or issue) regulations administrative law is codified as the Code of FederalRegulations. 

Congress

Among the enumerated powers given Congress in Article I Section 8, are the following:

  To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the

common defense and general welfare of the United States; but all duties, imposts and excises

shall be uniform throughout the United States;

  To borrow money on the credit of the United States; 

  To regulate commerce with foreign nations, and among the several states, and with the Indian

tribes;

  To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies

throughout the United States; 

  To coin money, regulate the value thereof , and of foreign coin, and fix the standard of  weights

and measures; 

  To provide for the punishment of  counterfeiting the securities and current coin of the United

States;

  To establish post offices and post roads;

  To promote the progress of science and useful arts, by securing for limited times to authors and

inventors the exclusive right to their respective writings and discoveries;

  To constitute tribunals inferior to the Supreme Court; 

  To define and punish piracies and felonies committed on the high seas, and offenses against thelaw of nations; 

  To declare war, grant letters of marque and reprisal, and make rules concerning captures on

land and water; 

  To raise and support armies, but no appropriation of money to that use shall be for a longer

term than two years;

  To provide and maintain a navy; 

  To make rules for the government and regulation of the land and naval forces;

  To provide for calling forth the militia to execute the laws of the union, suppress insurrections 

and repel invasions; 

  To provide for organizing, arming, and disciplining, the militia, and for governing such part of 

them as may be employed in the service of the United States, reserving to the states

respectively, the appointment of the officers, and the authority of training the militia according

to the discipline prescribed by Congress;

  To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten

miles (16 km) square) as may, by cession of particular states, and the acceptance of Congress,

become the seat of the government of the United States, and to exercise like authority over all

places purchased by the consent of the legislature of the state in which the same shall be, for

the erection of  forts, magazines, arsenals, dockyards, and other needful buildings.

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  Other- Other congressional powers have been granted, or confirmed, by constitutional

amendments. The Thirteenth (1865), Fourteenth (1868), and Fifteenth Amendments (1870)

gave Congress authority to enact legislation to enforce rights of  African Americans, including

voting rights, due process, and equal protection under the law.[ 

  Implied powers and the commerce clause- Congress also has implied powers, which derive

from the Necessary and Proper Clause of the Constitution and permit Congress "To make all

laws which shall be necessary and proper for carrying into execution the foregoing powers, and

all other powers vested by this Constitution in the government of the United States, or in any

department or officer thereof." Broad interpretations of this clause and of the Commerce

Clause, the enumerated power to regulate commerce, have effectively widened the scope of 

Congress' legislative authority far beyond that prescribed in Section 8. 

  Congress has the sole power to legislate for the United States. Under the nondelegationdoctrine, Congress may not delegate its lawmaking responsibilities to any other agency.In this vein, the Supreme Court held in the 1998 case Clinton v. City of New York  that

Congress could not delegate a "line-item veto" to the President, by which he wasempowered to selectively nullify certain provisions of a bill before signing it.

  The Constitution Article I, Section 8; says to give all the power to Congress. Congress

has the exclusive power to legislate, to make laws and in addition to the enumerated

powers it has all other powers vested in the government by the Constitution. 

  Where Congress does not make so great and sweeping a delegation of its authority, the

Supreme Court has been less stringent. One of the earliest cases involving the exact limits

of non-delegation was Wayman v. Southard  (1825). Congress had delegated to the courts

the power to prescribe judicial procedure; it was contended that Congress had thereby

unconstitutionally clothed the judiciary with legislative powers. While Chief Justice John

Marshall conceded that the determination of rules of procedure was a legislative function,

he distinguished between "important" subjects and mere details. Marshall wrote that "a

general provision may be made, and power given to those who are to act under such

general provisions, to fill up the details." Marshall's words and future court decisions

gave Congress much latitude in delegating powers.

  It was not until the 1930s that the Supreme Court held a delegation of authority

unconstitutional. In a case involving the creation of the National Recovery

Administration called  A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495

(1935), Congress could not authorize the President to formulate codes of "faircompetition." It was held that Congress must set some standards governing the actions of 

executive officers. The Court, however, has deemed that phrases such as "just and

reasonable," "public interest" and "public convenience" suffice. 

  Checks and Balances: The House of Representatives initiate a charge of impeachment against

the President, drawing up the articles. The Senate has the power to try impeachments, a two

thirds majority is needed to secure a conviction. The compensation of executive officials and

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 judges is determined by Congress, but Congress may not increase or diminish the compensation

of a President, or diminish the compensation of a judge, during his term in office. The Legislative

branch of the USA is bi-cameral, and depends only upon itself, not any of the other houses of 

presidents.

  Senate- The Senate is uniquely empowered to ratify treaties and to approve top presidential 

appointments.

  House of Rep’s- Revenue-raising bills must originate in the House of Representatives, which also

has the sole power of  impeachment, while the Senate has the sole power to try impeachment

cases.

  Article I of the Constitution sets forth most of the powers of Congress, which include numerous

explicit powers enumerated in Section 8. Constitutional amendments have granted Congress

additional powers. Congress also has implied powers derived from the Necessary and Proper

Clause of the Constitution.

  Congress has authority over financial and budgetary matters, through the enumerated

power to lay and collect taxes, duties, imposts and excises, to pay the debts and providefor the common defense and general welfare of the United States. The SixteenthAmendment extended power of taxation to include income taxes.[15] The Constitutionalso grants Congress exclusively the power to appropriate funds. This power of the purse is one of Congress' primary checks on the executive branch.[15] Other powers granted toCongress include the authority to borrow money on the credit of the United States,regulate commerce with foreign nations and among the states, and coin money.

  The Constitution also gives Congress an important role in national defense, including theexclusive power to declare war, to raise and maintain the armed forces, and to make rulesfor the military. Congress also has the power to establish post offices and post roads,issue patents and copyrights, fix standards of weights and measures, establish courts

inferior to the Supreme Court, and "To make all laws which shall be necessary andproper for carrying into execution the foregoing powers, and all other powers vested bythis Constitution in the government of the United States, or in any department or officerthereof." Congress also has the power to admit new states to the Union (Article Four).

  One of the foremost non-legislative functions of the Congress is the power to investigateand to oversee the executive branch. Congressional oversight is usually delegated tocommittees and is facilitated by Congress' subpoena power. Congress also has theexclusive power of removal, allowing impeachment and removal of the President, federal judges and other federal officers.

  Congressional oversight refers to oversight by the United States Congress of theExecutive Branch, including the numerous U.S. federal agencies. Congressional

oversight refers to the review, monitoring, and supervision of federal agencies, programs,activities, and policy implementation.[1] Congress exercises this power largely through itscongressional committee system. However, oversight, which dates to the earliest days of the Republic, also occurs in a wide variety of congressional activities and contexts. Theseinclude authorization, appropriations, investigative, and legislative hearings by standingcommittees; specialized investigations by select committees; and reviews and studies bycongressional support agencies and staff.

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o  Congress’s oversight authority derives from its ―implied‖ powers in the

Constitution, public laws, and House and Senate rules. It is an integral part of theAmerican system of checks and balances.

o  Oversight[2] is an implied rather than an enumerated power under the U.S.Constitution. The government's charter does not explicitly grant Congress the

authority to conduct inquiries or investigations of the executive, to have access torecords or materials held by the executive, or to issue subpoenas for documents ortestimony from the executive.

o  If Congress loses faith in an agency, Congress can respond in a number of ways.Congress can pass a law to overrule agency decisions, or to narrow the agency's jurisdiction. Congress can use its appropriations power to restrict the agency'sfunding. Congress can also narrow the agency's regulatory authority. Forexample, in the 1980s Congress narrowed the EPA's regulatory discretion usingdetailed substantive criteria to limit EPA rulemaking. [3] 

o  Although the Constitution grants no formal, express authority to oversee orinvestigate the executive or program administration, oversight is implied in

Congress’s array of enumerated powers.

[6]

 The legislature is authorized toappropriate funds; raise and support armies; provide for and maintain a navy;declare war; provide for organizing and calling forth the national guard; regulateinterstate and foreign commerce; establish post offices and post roads; advise andconsent on treaties and presidential nominations (Senate); and impeach (House)and try (Senate) the President, Vice President, and civil officers for treason,bribery, or other high crimes and misdemeanors. Reinforcing these powers isCongress’s broad authority ―to make all laws which shall be necessary and proper 

for carrying into execution the foregoing powers, and all other powers vested bythis Constitution in the Government of the United States, or in any Department orOfficer thereof.‖ 

o  The authority to oversee derives from these constitutional powers. Congress couldnot carry them out reasonably or responsibly without knowing what the executiveis doing; how programs are being administered, by whom, and at what cost; andwhether officials are obeying the law and complying with legislative intent. TheSupreme Court has legitimated Congress’s investigative power, subject to

constitutional safeguards for civil liberties. In 1927, the Court found that, ininvestigating the administration of the Department of Justice, Congress wasconsidering a subject ―on which legislation could be had or would be materially

aided by the information which the investigation was calculated to elicit.o  The ―necessary and proper‖ clause of the Constitution also allows Congress to

enact laws that mandate oversight by its committees, grant relevant authority toitself and its support agencies, and impose specific obligations on the executive toreport to or consult with Congress, and even seek its approval for specific actions.

o  In the case of the United States government, implied powers are the powersexercised by Congress which are not explicitly given by the constitution itself butnecessary and proper to execute the powers which are.

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Government agencies in the United StatesThe Congress and President of the United States delegate specific authority to governmentagencies to regulate the complex facets of the modern American federal state. Also, most of the50 U.S. states have created similar government agencies.

The term "government agency" usually applies to one of the independent agencies of the

United States government, which exercise some degree of independence from the President'scontrol. Although the heads of independent agencies are often appointed by the President, theycan usually can be removed only for cause. The heads of independent agencies work together ingroups, such as a commission, board or council. Independent agencies often function as

miniature versions of the tripartite federal government with the authority to legislate (through theissuing, or "promulgation" of  regulations), to adjudicate disputes, and to enforce agencyregulations (through enforcement personnel). Examples of independent agencies include theFederal Communication Commission (FCC), Federal Reserve Board, U.S. Securities andExchange Commission (SEC), the National Labor Relations Board (NLRB) and the FederalTrade Commission (FTC).

A broader definition of the term "government agency" also means the United States federal

executive departments, which include the President's cabinet-level departments, and their sub-units. Examples of these agencies include the Department of Energy (DOE) and the InternalRevenue Service (IRS), which is a bureau of the Department of the Treasury. 

Most federal agencies are created by Congress through statutes called "enabling acts" whichdefine the scope of an agency's authority. Because the Constitution does not expressly mentionfederal agencies (as it does the three branches), some commentators have called agencies the"headless fourth branch" of the federal government. However, most independent agencies aretechnically part of the executive branch, with a few located in the legislative branch of government. By enacting the Administrative Procedure Act (APA) in 1946, Congress establishedsome means to oversee government agency action. The APA established uniform administrativelaw procedures for a federal agency's promulgation of rules, and adjudication of claims. TheAPA also sets forth the process for  judicial review of agency action.

Checks and balances

View of the United States Capitol from the United States Supreme Court building 

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The Constitution provides checks and balances among the three branches of the federalgovernment. The authors of the Constitution expected the greater power to lie with Congress andit has been theorized that that is one reason they are described in Article One.[17] 

The influence of Congress on the presidency has varied from one period to another; the degree of 

power depending largely on the leadership of the Congress, political influence by the president,or other members of congress and the boldness of the president's initiatives. Under the first half-dozen presidents, power seems to have been evenly divided between the president and Congress,in part because early presidents largely restricted their vetoes to bills that were unconstitutional.

The impeachment of  Andrew Johnson made the presidency much less powerful than Congress.During the late nineteenth century, President Grover Cleveland aggressively attempted to restorethe executive branch's power, vetoing over 400 bills during his first term. The twentieth andtwenty-first centuries have seen the rise of the power of the Presidency under TheodoreRoosevelt (1901 – 09), Woodrow Wilson (1913 – 21), Franklin D. Roosevelt (1933 – 45), RichardNixon (1969 – 74), Ronald Reagan (1981 – 89), and George W. Bush (2001 – 09) (see Imperial

Presidency).

[18]

 In recent years, Congress has restricted the powers of the President with lawssuch as the Congressional Budget and Impoundment Control Act of 1974 and the War PowersResolution; nevertheless, the Presidency remains considerably more powerful than during thenineteenth century.[18] 

The Constitution concentrates removal powers in the Congress by empowering and obligatingthe House of Representatives to impeach federal officials (both executive and judicial) for"Treason, Bribery, or other high Crimes and Misdemeanors." The Senate is constitutionallyempowered and obligated to try all impeachments. A simple majority in the House is required toimpeach an official; however, a two-thirds majority in the Senate is required for conviction. Aconvicted official is automatically removed from office; in addition, the Senate may stipulate that

the defendant be banned from holding office in the future.

Impeachment proceedings may not inflict more than this; however, the party may face criminalpenalties in a normal court of law. In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. (Anotherresigned before the Senate could complete the trial). Only two Presidents of the United Stateshave ever been impeached: Andrew Johnson in 1868 and Bill Clinton in 1999. Both trials endedin acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority requiredfor conviction. In 1974, Richard Nixon resigned from office after impeachment proceedings inthe House Judiciary Committee indicated he would eventually be removed from office.

The Constitution entrusts certain powers to the Senate alone. The President may only nominatefor appointment Cabinet officials,  judges, and other high officers "by and with the advice andconsent" of the Senate. The Senate confirms most presidential nominees, but rejections are notuncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirdsmajority vote in the Senate to take effect. The House of Representatives has no formal role ineither the ratification of treaties or the appointment of federal officials, other than fillingvacancies in the office of Vice-President.

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In 1803, the Supreme Court established  judicial review of federal legislation in Marbury v.Madison, holding, however, that Congress could not grant unconstitutional power to the Courtitself. The Constitution does not explicitly state that the courts may exercise judicial review;however, the notion that courts could declare laws unconstitutional was envisioned by thefounding fathers. Alexander Hamilton, for example, mentioned and expounded upon the doctrine

in Federalist No. 78. Originalists on the Supreme Court have argued that if the constitutiondoesn't say something explicitly it is unconstitutional to infer what it should, might or could havesaid.[19] 

Investigations are conducted to gather information on the need for future legislation, to test theeffectiveness of laws already passed, and to inquire into the qualifications and performance of members and officials of the other branches. Committees may hold hearings, and, if necessary,compel individuals to testify when investigating issues over which it has the power to legislateby issuing subpoenas.[20] Witnesses who refuse to testify may be cited for contempt of Congress, and those who testify falsely may be charged with perjury. Most committee hearings are open tothe public (the House and Senate intelligence committees are the exception); important hearings

are widely reported in the mass media. 

[edit] Procedure

Article I, Section 5 of the United States Constitution specifies that it is up to each chamber todetermine internal rules of operation for any matter not already specified in the Constitution orpreviously prescribed by law. In the House of Representatives, a Rules Committee sets rules foreach measure that is up for debate. The Senate abides by a set of  Standing Rules. 

[edit] Officers

At the beginning of each two-year Congress, the House of Representatives elects a speaker. Thespeaker does not normally preside over debates, but is, rather, the leader of the majority party inthe House. The Vice President of the United States is, ex officio, President of the Senate. TheSenate also elects a President pro tempore. For decades the person elected has been the mostsenior member of the majority party in the Senate, and has held office until he or she ceases to bea senator or a new president pro tempore is elected (usually after a change in party control).Thus, the Senate does not necessarily elect a new president pro tempore at the beginning of anew Congress.

[edit] Sessions

A term of Congress is divided into two "sessions," one for each year; Congress has occasionallyalso been called into an extra, (or special) session (the Constitution requires Congress to meet atleast once each year). A new session commences on January 3 (or another date, if Congress sochooses) each year. Before the Twentieth Amendment, Congress met from the first Monday inDecember to April or May in the first session of their term (the "long session"); and fromDecember to March 4 in the second "short session". (The new Congress would then meet forsome days, for the inauguration, swearing in new members, and organization.)

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The Constitution forbids either house from meeting any place outside the Capitol, or fromadjourning for more than three days, without the consent of the other house. The provision wasintended to prevent one house from thwarting legislative business simply by refusing to meet. Toavoid obtaining consent during long recesses, the House or Senate may sometimes hold  pro

 forma meetings, sometimes only minutes long, every three days. The consent of both bodies is

required for Congress's final adjournment, or adjournment sine die, at the end of eachcongressional session. If the two houses cannot agree on a date, the Constitution permits thePresident to settle the dispute.

[edit] Joint sessions

Main article: Joint session of the United States Congress 

Joint Sessions of the United States Congress occur on special occasions that require a concurrentresolution from both House and Senate. These sessions include the counting of  electoral votes following a Presidential election and the President's State of the Union address. Other meetings

of both House and Senate are called Joint Meetings of Congress, held after unanimous consentagreements to recess and meet. Meetings of Congress for Presidential Inaugurations may also beJoint Sessions, if both House and Senate are in session at the time, otherwise they are formal joint gatherings.

At some time during the first two months of each session, the President customarily delivers theState of the Union Address, a speech in which he assesses the situation of the country andoutlines his legislative proposals for the congressional session. The speech is modeled on theSpeech from the Throne given by the British monarch, and is mandated by the Constitution of the United States — though it is not necessarily required to be delivered each year or in thecustomary manner. Thomas Jefferson discontinued the original practice of delivering the speech

in person before both houses of Congress, deeming it too monarchical. Instead, Jefferson and hissuccessors sent a written message to Congress each year. In 1913, President Woodrow Wilson reestablished the practice of personally attending to deliver the speech; few Presidents havedeviated from this custom since.

Joint Sessions and Joint Meetings are traditionally presided over by the Speaker of the House except for the joint session to count electoral votes for President, when the Constitution requiresthe President of the Senate (the Vice President of the United States) to preside.

[edit] Bills and resolutions

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The House Financial Services committee meets. Committee members sit in the tiers of raisedchairs, while those testifying and audience members sit below.

A proposal may be introduced in Congress as a bill, a  joint resolution, a concurrent resolution, ora simple resolution. Most legislative proposals are introduced as bills, but some are introduced as

 joint resolutions. There is little practical difference between the two, except that joint resolutionsmay include preambles but bills may not. Joint resolutions are the normal method used topropose a constitutional amendment or to declare war. On the other hand, concurrent resolutions(passed by both houses) and simple resolutions (passed by only one house) do not have the forceof  law. Instead, they serve to express the opinion of Congress, or to regulate procedure. 

In many cases, lobbyists write legislation and submit it to a member for introduction.Congressional lobbyists are legally required to be registered in a central database. 

Bills (and other proposals) may be introduced by any member of either house. However, theConstitution provides that: "All bills for raising Revenue shall originate in the House of 

Representatives." As a result, the Senate does not have the power to initiate bills imposing taxes. Furthermore, the House of Representatives holds that the Senate does not have the power tooriginate appropriation bills, or bills authorizing the expenditure of  federal funds. Historically,the Senate has disputed the interpretation advocated by the House. However, whenever theSenate originates an appropriations bill, the House simply refuses to consider it, thereby settlingthe dispute in practice. Nevertheless, while the Senate cannot originate revenue andappropriation bills, it does retain the power to amend or reject them.

Each bill goes through several stages in each house. The first stage involves consideration by acommittee. Most legislation is considered by standing committees, each of which has jurisdictionover a particular subject matter, such as Agriculture or Appropriations. The House has twenty

standing committees; the Senate has sixteen. In some cases, bills may be sent to selectcommittees, which tend to have more narrow jurisdictions than standing committees. Eachstanding and select committee is led by a chair (who belongs to the majority party) and a rankingmember (who belongs to the minority party). Committees are permitted to hold hearings andcollect evidence when considering bills. They may also amend the bill, but the full house holdsthe power to accept or reject committee amendments. After considering and debating a measure,the committee votes on whether it wishes to report the measure to the full house.

A decision not to report a bill amounts to a rejection of the proposal. Both houses provide forprocedures under which the committee can be bypassed or overruled, but they are rarely used. If reported by the committee, the bill reaches the floor of the full house. The house may debate andamend the bill; the precise procedures used by the House of Representatives and the Senatediffer. A final vote on the bill follows.

Once a bill is approved by one house, it is sent to the other, which may pass, reject, or amend it.For the bill to become law, both houses must agree to identical versions of the bill. If the secondhouse amends the bill, then the differences between the two versions must be reconciled in aconference committee, an ad hoc committee that includes both senators and representatives. Inmany cases, conference committees have introduced substantial changes to bills and added

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unrequested spending, significantly departing from both the House and Senate versions.President Ronald Reagan once quipped, "If an orange and an apple went into conferenceconsultations, it might come out a pear."[21] If both houses agree to the version reported by theconference committee, the bill passes; otherwise, it fails.

After passage by both houses, a bill is submitted to the President. The President may choose tosign the bill, thereby making it law. The President may also choose to veto the bill, returning it toCongress with his objections. In such a case, the bill only becomes law if each house of Congressvotes to override the veto with a two-thirds majority. Finally, the President may choose to takeno action, neither signing nor vetoing the bill. In such a case, the Constitution states that the billautomatically becomes law after ten days, excluding Sundays. However, if Congress adjourns(ends a legislative session) during the ten day period, then the bill does not become law. Thus,the President may veto legislation passed at the end of a congressional session simply byignoring it; the maneuver is known as a pocket veto, and cannot be overridden by the adjournedCongress.

Every Act of Congress or joint resolution begins with an enacting formula or resolving formulastipulated by law. These are:

  Act of Congress: "Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled."

  Joint resolution: "Resolved by the Senate and House of Representatives of the UnitedStates of America in Congress assembled."

[edit] Quorum and vote

The Constitution specifies that a majority of members constitutes a quorum to do business in

each house. The rules of each house provide that a quorum is assumed to be present unless aquorum call demonstrates the contrary. Representatives and senators rarely force the presence of a quorum by demanding quorum calls; thus, in most cases, debates continue even if a majority isnot present.

Both houses use voice voting to decide most matters; members shout out "aye" or "no," and thepresiding officer announces the result. The Constitution, however, requires a recorded vote onthe demand of one-fifth of the members present. If the result of the voice vote is unclear, or if thematter is controversial, a recorded vote usually ensues. The Senate uses roll call votes; a clerk calls out the names of all the senators, each senator stating "aye" or "no" when his or her name isannounced. The House reserves roll call votes for the most formal matters, as a roll-call of all

435 representatives takes quite some time; normally, members vote by electronic device. In thecase of a tie, the motion in question fails. In the Senate, the Vice President may (if present) castthe tiebreaking vote.

[edit] Committees

Main article: United States Congressional committee 

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It is neither expected nor possible that a member of Congress be an expert on all matters andsubject areas that come before Congress.[22] Congressional committees provide invaluableinformational services to Congress by investigating and reporting back in regard to specializedsubject matter.

While this investigatory function is indispensable to Congress, procedures such as the Housedischarge petition process (the process of bringing a bill onto the floor without a committeereport or mandatory consent from its leadership) are so difficult to implement that committee jurisdiction over particular subject matter of bills has expanded into semi-autonomous power. Of the 73 discharge petitions submitted to the full House from 1995 through 2007, only one wassuccessful in securing a definitive yea-or-nay vote for a bill on the floor of the House of Representatives.[23] Not without reason have congressional committees been called independentfiefdoms.

In 1931 a reform movement did temporarily reduce the number of signatures required ondischarge petitions in the U.S. House of Representatives from a constitutional majority of 218

down to 145, i.e. from one-half to one-third of the House membership. This reform wasabolished in a 1935 counterattack led by the intra-House oligarchy.[24] Thus the era of the GreatDepression marks the last across-the-board change, albeit a short-lived one, in the autonomy of House standing committees.[25] On strategy for an enduring reform in the system of semi-autonomous committees see the citation.[26] 

In the course of committee work, members will often develop personal expertise on the mattersunder the jurisdiction of their respective committee(s). Such expertise, or claims thereof, areinvariably cited during disputes over whether the parent body should bow to obdurate committeenegatives.

Congress divides its legislative, oversight, and internal administrative tasks amongapproximately 200 committees and subcommittees. Within assigned areas, these functional sub-units gather information, compare and evaluate legislative alternatives, identify policy problemsand propose solutions, select, determine, and report measures for full chamber consideration,monitor executive branch performance (oversight), and investigate allegations of wrongdoing.[27] 

Decision on which areas individual members choose to specialize may be influenced by theirconstituency and regional issues of importance to them, as well as prior background andexperience of the member.[28] Senators will also try to differentiate themselves from the othersenator from the same state, so that areas of specialization do not overlap.[29] 

[edit] Constituent servicesA major aspect of the job for a Senator and a representative consists of services to his or herconstituency. Members receive thousands of letters, phone calls, and e-mails, with someexpressing opinion on an issue, or displeasure with a member's position or vote. Otherconstituents request help with problems or ask questions. Members of Congress want to leave apositive impression on the constituent, rather than leave them disgruntled. Thus, their offices willbe responsive, and go out of their way to help steer the citizen through the intricacies of the

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bureaucracy. Here the member and his or her staffers perform the function of an ombudsman atthe Federal level. This unofficial job has become increasingly time-consuming, and hassignificantly reduced the time that members have for the preparation or inspection of bills.[30] 

It is noteworthy that an incumbent member of Congress has considerably more clout than most

official ombudsmen at the state level, and in other countries, given the appointive and relativelydiminutive character of such offices. As Morris Fiorina notes, the involvement of the legislativebranch in the ombudsman process carries one major advantage: members of Congress exercise"control over what bureaucrats value most – higher budgets and new program authorizations."[31] This kind of leverage over the bureaucracy is a potent tool that appointed ombudsmen lack.

Accordingly, to improve on today's 435 de facto ombudsmen — constituent services byoverworked Congressmen — congressional reforms have been proposed that would approximatethe legislative leverage now exercised by Congressmen, but in an office where the intra-bureaucratic troubleshooting duties are full time.[32] Along these lines, some Congressmenthemselves have suggested that each congressional district should elect a second U.S.

Representative to handle constituent services.

[33]

 

[edit] Privileges

Under the Constitution, members of both houses enjoy the privilege of being free from arrest inall cases, except for treason, felony, and breach of the peace. This immunity applies to membersduring sessions and when traveling to and from sessions.[34] The term "arrest" has beeninterpreted broadly, and includes any detention or delay in the course of  law enforcement, including court summons and subpoenas. The rules of the House strictly guard this privilege; amember may not waive the privilege on his or her own, but must seek the permission of thewhole house to do so. Senate rules, on the other hand, are less strict, and permit individual

senators to waive the privilege as they see fit.

The Constitution also guarantees absolute freedom of debate in both houses, providing, "for anySpeech or Debate in either House, they shall not be questioned in any other Place." Hence, amember of Congress may not be sued for slander because of remarks made in either house.However, each house has its own rules restricting offensive speeches, and may punish memberswho transgress them.

Obstructing the work of Congress is a crime under federal law, and is known as contempt of Congress. Each house of Congress has the power to cite individuals for contempt, but may notimpose any punishment. Instead, after a house issues a contempt citation, the judicial system

pursues the matter like a normal criminal case. If convicted in court, an individual found guiltyof contempt of Congress may be imprisoned for up to one year.

From 1789 to 1815, members of Congress received only a per diem (daily payment) of $6 whilein session. Members began receiving an annual salary in 1815, when they were paid $1,500 peryear.[35][36] 

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As of 2006, rank and file members of Congress received a yearly salary of $165,200.[36] Congressional leaders are paid $183,500 per year. The Speaker of the House of Representativesearns $212,100 per annum. The salary of the President pro tempore for 2006 is $183,500, equalto that of the majority and minority leader of the House and Senate.[37] 

Members elected since 1984 are covered by the Federal Employees Retirement System (FERS).Those elected prior to 1984 were covered by the Civil Service Retirement System (CSRS). In1984 all members were given the option of remaining with CSRS or switching for FERS. As it isfor all other federal employees, congressional retirement is funded through taxes and theparticipants' contributions. Members of Congress under FERS contribute 1.3% of their salaryinto the FERS retirement plan and pay 6.2% of their salary in Social Security taxes.

The size of a congressional pension depends on the years of service and the average of thehighest 3 years of his or her salary. By law, the starting amount of a member's retirement annuitymay not exceed 80% of his or her final salary. In 2006, the average annual pension for retiredsenators and representatives under CSRS was $60,972, while those who retired under FERS, or

in combination with CSRS, was $35,952.

[38]

 

Another privilege is the use of the Library of Congress. One of the Library's missions is to servethe Congress and its staff. To do this, the Congressional Research Service provides detailed, up-to-date and non-partisan research for senators, representatives, and their staff to help them carryout their official duties. The franking privilege allows members of Congress to send official mail to constituents at government expense. Though they are not permitted to send election materials,borderline material is often sent, especially in the run-up to an election by those in closeraces.[39][40] 

A legislator in either house is a "member of Congress," though usually only representatives are

referred to in speech as a congressman, congresswoman, or congressperson, because senators arealmost universally referred to as senator.

EXECTUIVE

The separation of powers system is designed to distribute authority away from the executivebranch - an attempt to preserve individual liberty in response to tyrannical leadership throughouthistory.[3] The executive officer is not supposed to make laws (the role of the legislature), orinterpret them (the role of the  judiciary). The role of the executive is to enforce the law as written

by the legislature and interpreted by the judicial system.

[edit] Responsibility

There are six roles which the top leadership of the executive branch fulfils are as follows:

  chief of state - living symbol of the state

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  chief executive - running the functions of the state, managing the bureaucracy, anddeciding how to enforce the law

  chief diplomat - overseeing state's ambassadors and determining foreign policy   commander in chief  - commanding the state's armed forces and determining military

policy 

chief legislator - influencing the legislature by urging the passage or defeat of a new law  guardian of economy - protects the value of the dollar and the money of the people

The organizational structure of the executive branch will determine the relationship between theheads of state and government respectively. The Executive Branch also carries out the laws.

In a presidential system the executive is at once the head of State and Government that modeltheir government after the United States of America have a Head of State compared to othersystems. The President of the United States is best described as the head of state for his role asthe government's chief ambassador. However there is no constitutional foundation for any headof government in the United States since the separation of powers divides governmental

authority amongst the branches with checks and balances over one another. The President of theUnited States can have significant power over public opinion through personal abilities of persuasion, however this is the natural effect of the executive office. The Vice President and thePresidents cabinet also run the Executive Branch.

Executive power

  Executive power is vested, with exceptions and qualifications [[1]], in the President byArticle Two, Section 1. of the Constitution. By law (Section 2.) the President becomesthe Commander in Chief of the Army and Navy, Militia of several states when called intoservice, has power to make treaties and appointments to office -- "...with the Advice and 

Consent of the Senate"-- receive Ambassadors and Public Ministers, and "...take care that 

the laws be faithfully executed " (Section 3.)  By using these words, the Constitution does not require the President to personally

enforce the law; rather, officers subordinate to the President may perform such duties.The Constitution, empowers the President to ensure the faithful execution of the lawsmade by Congress.

  Congress may itself terminate such appointments, by impeachment, and restrict thePresident.

  The President's responsibility is to execute whatever instructions he is given by theCongress. Bodies such as the War Claims Commission, the Interstate CommerceCommission and the Federal Trade Commission — all quasi-judicial often have directCongressional oversight. 

  Congress often writes legislation to restrain executive officials to the performance of theirduties as authorized by the laws Congress passes. In  INS v. Chadha (1983), the SupremeCourt decided (a) The prescription for legislative action in Art. I, § 1 — requiring alllegislative powers to be vested in a Congress consisting of a Senate and a House of Representatives — and § 7 — requiring every bill passed by the House and Senate, beforebecoming law, to be presented to the President, and, if he disapproves, to be repassed bytwo-thirds of the Senate and House — represents the Framers' decision that the legislativepower of the Federal Government be exercised in accord with a single, finely wrought

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and exhaustively considered procedure. This procedure is an integral part of theconstitutional design for the separation of powers. Pp. 944 – 951. Further rulings clarifiedthe case; even both Houses acting together cannot override Executive vetos without a 2/3majority. Legislation may always prescribe regulations governing executive officers. 

  Checks and Balances: The President exercises a check over Congress through his power to veto

bills, but Congress may override any veto (excluding the so-called"pocket veto") by a two-thirdsmajority in each house. When the two houses of Congress cannot agree on a date for

adjournment, the President may settle the dispute. Either house or both houses may be called

into emergency session by the President. The Vice President shall be President of the Senate,

but shall have no vote, unless they be equally divided. o  The President, as noted above, appoints judges with the Senate's advice and consent.

He also has the power to issue pardons and reprieves. Such pardons are not subject to

confirmation by either the House of Representatives or the Senate, or even to

acceptance by the recipient. o  The President is the civilian Commander in Chief of the Army and Navy of the United

States. It is generally understood that he has the authority to command them to take

appropriate military action in the event of a sudden crisis.[2]

 However, only the Congress

is explicitly granted the power to declare war per se, as well as to raise, fund and

maintain the armed forces. Congress also has the duty and authority to prescribe the

laws and regulations under which the armed forces operate, such as the Uniform Code

of Military Justice, and requires that all Generals and Admirals appointed by the

President be confirmed by a majority vote of the Senate before they can assume their

office. Vice President

  The Vice President is the second-highest executive official of the government. As first in the U.S.

presidential line of succession, the Vice President becomes President upon the death,

resignation, or removal of the President, which has happened nine times in U.S. history. Under

the Constitution, the Vice President is President of the Senate. By virtue of the Vice President's

role as President of the Senate, he or she is the nominal head of the United States Senate. In

that capacity, the Vice President is allowed to vote in the Senate, but only when necessary to

break a tied vote. Pursuant to the Twelfth Amendment, the Vice President presides over the

 joint session of  Congress when it convenes to count the vote of the Electoral College. While the

Vice President's only constitutionally prescribed functions, aside from presidential succession,

relate to his role as President of the Senate, the office is now commonly viewed as a member of 

the executive branch of the federal government. The U.S. Constitution does not expressly assign

the office to any one branch, causing scholars to dispute whether it belongs to the executive

branch, the legislative branch, or both.[ 

Secretary of State  The Secretary of State is the Chief Executive Officer of the United States Department of State, 

the most senior of all federal executive departments. The Secretary of State is the third-highestofficial of the executive branch of the federal government of the United States, after the

President and Vice President. The Secretary is a member of the President's Cabinet and the

highest-ranking cabinet secretary both in U.S. presidential line of succession and order of 

precedence. The Secretary has many duties and responsibilities. The Secretary serves as the

President's chief adviser on U.S. foreign policy and as such negotiates, interprets, and

terminates treaties and agreements, personally participates in or directs U.S. representatives to

international conferences, organizations, and agencies, conducts negotiations relating to U.S.

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foreign affairs, and is responsible for the administration and management of foreign embassies

and consulate offices. Foreign trade missions and intelligence assets report directly to the

Secretary of State. The Secretary is also responsible for overall direction, coordination, and

supervision of interdepartmental activities of the U.S. Government overseas. The Secretary

answers directly to the President of the United States.

Relationship with Congress

  While the President can directly propose legislation (for instance, the federal budget), he must

rely on members of Congress to support and promote his legislative agenda. After identical

copies of a particular bill have been approved by a majority of both houses of Congress, the

President's signature is required to make these bills law; in this respect, the President has the

power to veto congressional legislation. Congress can override a presidential veto with a two-

thirds majority vote from both houses. The ultimate power of Congress over the President is

that of impeachment or removal of the elected President through a House vote, a Senate trial,

and a Senate vote (by two-thirds majority in favor). Nearly every president is threatened with

the idea of impeachment, but only two Presidents (Andrew Johnson and Bill Clinton) have ever

been successfully impeached, and neither was convicted by the Senate. Richard Nixon was not  

impeached in connection with the Watergate scandal, although the House Judiciary Committee 

had approved articles of impeachment against Nixon at the time he resigned.

  The President makes around 2,000 executive appointments, including members of the Cabinet

and ambassadors, which must be approved by the Senate; the President can also issue executive

orders and pardons, and has other Constitutional duties, among them the requirement to give a

State of the Union Address to Congress from time to time (usually once a year). (The

Constitution does not specify that the State of the Union address be delivered in person; it can

be in the form of a letter, as was the practice during most of the 19th century.) Although the

President's constitutional role may appear to be constrained, in practice, the office carries

enormous prestige that typically eclipses the power of Congress. The Vice President is first in the

line of succession, and is the President of the Senate ex officio, with the ability to cast a tie-

breaking vote. The members of the President's Cabinet are responsible for administering the

various departments of state, including the Department of Defense, the Justice Department, and

the State Department. These departments and department heads have considerable regulatory

and political power, and it is they who are responsible for executing federal laws and

regulations.

Cabinet, executive departments, and agencies

  The day-to-day 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". In addition to departments, there are a number of staff organizations

grouped into the Executive Office of the President. These include the White House staff, the

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National Security Council, the Office of Management and Budget, the Council of Economic

Advisers, 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, theNational Aeronautics and Space Administration (NASA), the Central IntelligenceAgency (CIA), the Environmental Protection Agency, and the United States Agency forInternational Development. In addition, there are government-owned corporations suchas the Federal Deposit Insurance Corporation and the National Railroad PassengerCorporation. 

  By law, each agency must submit an annual Section 300 report to the President's Officeof Management and Budget.[11] This is part of a larger set of more extensive annualrequirements called Circular A-11. Section 300 specifically covers planning, budgeting,acquisition, and management of capital assets. The details on how agencies collect andshare information and how they are upgrading and improving their information

technology decisions are becoming increasingly important. Within Section 300 there is aspecial exhibit called Exhibit 53 which gives extensive details on agency informationtechnology investments. These investments make up most of the information technologyinvestments from the annual budgets. For the fiscal year 2008's budget, that spendingexceeds $66.4 billion.[12] 

Judicial Power

  Judicial power  — the power to decide cases and controversies — is vested in theSupreme Court and inferior courts established by Congress. The judges must beappointed by the President with the advice and consent of the Senate, hold office for lifeand receive compensations that may not be diminished during their continuance in office.If a court's judges do not have such attributes, the court may not exercise the judicialpower of the United States. Courts exercising the judicial power are called "constitutionalcourts."

  Congress may create "legislative courts," which frequently take the form of quasi-judicialagencies or commissions whose members do not have the same security of tenure orcompensation as the constitutional court judges. Legislative courts may not exercise the

 judicial power of the United States. In  Murray's Lessee v. Hoboken Land & Improvement Co. (1856), the Supreme Court held that a legislative court may not decide "a suit at thecommon law, or in equity, or admiralty," as such a suit is inherently judicial. Legislativecourts may only adjudicate "public rights" questions (cases between the government andan individual and political determinations).

  Checks and Balances: Courts check both the executive branch and the legislative branchthrough  judicial review. This concept is not written into the Constitution, but wasenvisioned by many of the Constitution's Framers (for example, the Federalist Papers 

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mention it). The Supreme Court established a precedent for judicial review in  Marbury v.

 Madison. There were protests by some at this decision, born chiefly of politicalexpediency, but political realities in the particular case paradoxically restrained opposingviews from asserting themselves. For this reason, precedent alone established theprinciple that a court may strike down a law it deems unconstitutional.

o A common misperception is that the Supreme Court is the only court that maydetermine constitutionality; the power is exercised even by the inferior courts. Butonly Supreme Court decisions are binding across the nation. Decisions of a Courtof Appeals, for instance, are binding only in the circuit over which the court has jurisdiction.

o  The power to review the constitutionality of laws may be limited by Congress,which has the power to set the jurisdiction of the courts. The only constitutionallimit on Congress' power to set the jurisdiction of the judiciary relates to theSupreme Court; the Supreme Court may exercise only appellate jurisdictionexcept in cases involving states and cases affecting foreign ambassadors,ministers or consuls.

o The Chief Justice presides in the Senate during a President's impeachment trial.The rules of the Senate, however, generally do not grant much authority to thepresiding officer. Thus, the Chief Justice's role in this regard is a limited one.

  The judiciary (also known as the judicial system or judicature) is the system of  courts which interprets and applies the law in the name of the sovereign or state. The judiciaryalso provides a mechanism for the resolution of disputes. Under the doctrine of theseparation of powers, the judiciary generally does not make law (that is, in a plenaryfashion, which is the responsibility of the legislature) or enforce law (which is theresponsibility of the executive), but rather interprets law and applies it to the facts of eachcase.

  This branch of government is often tasked with ensuring equal justice under law. It

usually consists of a court of final appeal (called the "supreme court" or "constitutionalcourt"), together with lower courts.

  The term "judiciary" is also used to refer collectively to the personnel, such as  judges, magistrates and other adjudicators, who form the core of a judiciary (sometimes referredto as a "bench"), as well as the staffs who keep the system running smoothly.