146-407: [REDACTED] [REDACTED] The federal government of the United States ( U.S. federal government or U.S. government ) is the common government of the United States , a federal republic located primarily in North America , comprising 50 states , five major self-governing territories , several island possessions , and the federal district (national capital) of Washington, D.C. , where
292-616: A U.S. citizen for at least seven years, and must live in the state that they represent. In addition to the 435 voting members, there are six non-voting members, consisting of five delegates and one resident commissioner . There is one delegate each from Washington, D.C. , Guam , the Virgin Islands , American Samoa , the Commonwealth of the Northern Mariana Islands , and a resident commissioner from Puerto Rico . Unlike
438-566: A central government established usually through coercion (on the model of the Roman Empire ). An empire often includes self-governing regions, but these will possess autonomy only at the sufferance of the central government. On the other hand, a political entity that is an empire in name, may comprise several partly autonomous kingdoms organised together in a federation, with the empire being ruled over by an emperor or senior king ( great king , high king , king of kings ...). One example of this
584-404: A federal state ) is an entity characterized by a union of partially self-governing provinces, states, or other regions under a federal government ( federalism ). In a federation, the self-governing status of the component states, as well as the division of power between them and the central government, is constitutionally entrenched and may not be altered by a unilateral decision, neither by
730-442: A majority vote under fast track rules to make any deadlines the bill had. All US states also have a provision by which the governor can veto bills passed by the legislature. In addition to the ability to veto an entire bill as a "package", many states give the governor additional power to strike or revise parts of a bill without striking the whole bill. All governors of the five permanently inhabited US territories ( Guam ,
876-497: A stronger central government than the US in the wake of the Civil War of the latter, use the term "Confederation" to refer to the formation or joining, not the structure, of Canada. Legal reforms, court rulings, and political compromises have decentralized Canada in practice since its formation in 1867. An empire is a multi-ethnic state, multinational state , or a group of nations with
1022-479: A "revisionary power". The veto was constructed not as an absolute veto, but rather with limits, such as that Congress can override a veto, and that the president's objections must be stated in writing. Further, as Elbridge Gerry explained in the final days of the convention: "The primary object of the revisionary check of the President is not to protect the general interest, but to defend his own department." During
1168-450: A broad definition of a basic federalism , there are two or more levels of government that exist within an established territory and govern through common institutions with overlapping or shared powers as prescribed by a constitution. The federal government is the government at the level of the sovereign state. Usual responsibilities of this level of government are maintaining national security and exercising international diplomacy, including
1314-707: A complex set of relationships between state and federal courts. Federal courts can sometimes hear cases arising under state law pursuant to diversity jurisdiction , state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved by federal statute to the state courts. Both court systems have exclusive jurisdiction in some areas and concurrent jurisdiction in others. The U.S. Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"; in practice, this usually means they serve until they die, retire, or resign. A judge who commits an offense while in office may be impeached in
1460-751: A compromise on a law that allowed gaming on Navajo Nation land, after the council failed to override the veto. In addition, some tribal constitutions adopted under the Indian Reorganization Act of 1934 give the Secretary of the Interior a veto power over tribal legislation. The Nisqually Indian Tribe of the Nisqually Reservation constitution grants a secretarial veto over all ordinances issued under its police power . This has sometimes caused difficulties for tribal governments. From 1975 to 2021,
1606-520: A constitutional interpretation by the courts. One of the theoretical pillars of the U.S. Constitution is the idea of " checks and balances " among the powers and responsibilities of the three branches of American government: the executive, the legislative, and the judiciary. For example, while the legislative branch ( Congress ) has the power to create law, the executive branch under the president can veto any legislation—an act which, in turn, can be overridden by Congress. The president nominates judges to
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#17328369505031752-426: A federation is Malaysia , in which Sarawak and Sabah agreed to form the federation on different terms and conditions from the states of Peninsular Malaysia . A federation often emerges from an initial agreement between several separate states. The purpose can be the will to solve mutual problems and to provide for mutual defense or to create a nation-state for an ethnicity spread over several states. The former
1898-475: A federation to be brought into being by agreement between a number of formally independent states, in a unitary state self-governing regions are often created through a process of devolution, where a formerly centralized state agrees to grant autonomy to a region that was previously entirely subordinate. Thus, federations are often established voluntarily from "below" whereas devolution grants self-government from "above". A confederation , in modern political terms,
2044-607: A few cases. The judicial power extends to cases arising under the Constitution, an Act of Congress ; a U.S. treaty ; cases affecting ambassadors , ministers and consuls of foreign countries in the U.S.; cases and controversies to which the federal government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases (collectively "federal-question jurisdiction"). The Eleventh Amendment removed from federal jurisdiction cases in which citizens of one state were
2190-582: A large area of territory (such as Russia , the United States , Canada , India , Brazil , Pakistan or Australia ), but neither is necessarily the case (such as Saint Kitts and Nevis or the Federated States of Micronesia ). About 40% of world population live in a federation. Several ancient chiefdoms and kingdoms, such as the 4th-century-BCE League of Corinth , Noricum in Central Europe , and
2336-602: A more limited role for the central government in relation to individuals, the states, or other recognized entities. Since the American Civil War , the powers of the federal government have generally expanded greatly, although there have been periods since that time of legislative branch dominance (e.g., the decades immediately following the Civil War) or when states' rights proponents have succeeded in limiting federal power through legislative action, executive prerogative or by
2482-660: A presidential veto on March 3, 1845, during the presidency of John Tyler . In 1983, the Supreme Court struck down the one-house legislative veto , on separation of powers grounds and on grounds that the action by one house of Congress violated the Constitutional requirement of bicameralism. The case was INS v. Chadha , concerning a foreign exchange student in Ohio who had been born in Kenya but whose parents were from India. Because he
2628-467: A single elected term." Under the Presentment Clause of Article I, a bill that passes both chambers of Congress shall be presented to the president, who may sign the bill into law or veto the bill by returning it to the chamber where it originated. If the president neither signs nor vetoes a bill "within ten Days (Sundays excepted) after it shall have been presented to him" it becomes a law without
2774-542: A veto is most commonly 2/3 as in the federal system, although in San Diego a 5/8 vote is required. Nationwide, less than a third of US mayors have a veto power. In particular, veto powers are less common in council-manager governments . However, the mayor of Charlotte , who otherwise serves chiefly as a ceremonial head of government and tiebreaker on council votes, has a veto power over most city legislation. Legislation requires six votes to pass, and seven votes to override
2920-505: A veto power, including over budgetary matters. Some constitutions give the executive the power to refer a law to a referendum rather than to veto it directly. In the Navajo Nation government, the president has a package veto power as well as a line-item veto for budgetary matters. The line-item veto cannot be overridden, under the terms of a 2009 referendum. The package veto was notably used by President Kelsey Begaye in 2001 to force
3066-507: A veto, but only the consolidated city-county of San Francisco has an elected executive. And in some states, such as Iowa since 1981, counties can adopt an elected-executive system with a veto power, but none have done so. The constitutions of many Native American tribes contain an executive veto power over bills passed by the tribal council . For example, the chairperson of the Little Traverse Bay Bands of Odawa Indians has
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#17328369505033212-433: A veto. For example, in 2008 the council overrode the mayor's veto of a development project. In the early United States, mayoral veto powers were rare, although they were granted for example to the mayor of Baltimore under the charter of 1796 and the mayor of Washington under the charter of 1802. Mayors in the early 19th century were often appointed rather than elected, and typically served one-year terms. As cities grew,
3358-570: Is an important challenge. The inability to meet this challenge may lead to the secession of parts of a federation or to civil war, as occurred in the United States (southern states sought to protect the institution of slavery while northern states opposed it, with a catalysis occurring in the then– Kansas Territory ), in Nigeria and in Switzerland . In the case of Malaysia , Singapore was expelled from
3504-608: Is another nation-state that has switched between confederal, federal and unitary rules, since the German Confederation was founded in 1815. The North German Confederation , the succeeding German Empire and the Weimar Republic were federations. Founded in 1922, the Soviet Union was formally a federation of Soviet republics , autonomous republics and other federal subjects, though in practice highly centralized under
3650-426: Is based on the principles of federalism and republicanism , in which power is shared between the federal government and state governments . The interpretation and execution of these principles, including what powers the federal government should have and how those powers can be exercised, have been debated ever since the adoption of the Constitution. Some make a case for expansive federal powers while others argue for
3796-630: Is divided into three traditional chiefdoms: Uvea , Sigave , and Alo . The chiefdoms are allowed to have their own legal system which have to be implemented along with French legal system . Under the terms of the Fomboni Accords, signed in December 2001 by the leaders of all three islands, the official name of the country was changed to the Union of the Comoros ; the new state was to be highly decentralised and
3942-425: Is more than a mere loose alliance of independent states. The component states of a federation usually possess no powers in relation to foreign policy and so enjoy no independent status under international law . However, German Länder have that power, which is beginning to be exercised on a European level. Some federations are called asymmetric because some states have more autonomy than others. An example of such
4088-407: Is sometimes one with only a single, centralized, national tier of government. However, unitary states often also include one or more self-governing regions. The difference between a federation and this kind of unitary state is that in a unitary state the autonomous status of self-governing regions exists by the sufferance of the central government, and may be unilaterally revoked. While it is common for
4234-556: Is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with the federal government; for instance, the Federal Bureau of Investigation , National Oceanic and Atmospheric Administration , and National Park Service . Because the seat of government is in Washington, D.C. , "Washington" is sometimes used as a metonym for the federal government. The United States government
4380-530: Is suggested as one possible de facto federation as it grants more self-government to its autonomous communities than are retained by the constituent entities of most federations. For the Spanish parliament to revoke the autonomy of regions such as Galicia , Catalonia or the Basque Country would be a political near-impossibility, though nothing bars it legally. The Spanish parliament has, however, suspended
4526-412: Is the name that appears on money, in treaties, and in legal cases to which the nation is a party. The terms "Government of the United States of America" or "United States Government" are often used in official documents to represent the federal government as distinct from the states collectively. In casual conversation or writing, the term "Federal Government" is often used, and the term "U.S. Government"
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4672-449: Is therefore not a de jure federation, although some academic observers conclude that after 50 years of institutional evolution since the Treaties of Rome it is becoming one. The European Union possesses attributes of a federal state. However, its central government is far weaker than that of most federations and the individual members are sovereign states under international law, so it
4818-469: Is usually characterized as an unprecedented form of supra-national union. The EU has responsibility for important areas such as trade, monetary union, agriculture, and fisheries. Nonetheless, EU member states retain the right to act independently in matters of foreign policy and defense, and also enjoy a near-monopoly over other major policy areas such as criminal justice and taxation. Since the Treaty of Lisbon ,
4964-546: Is usually limited to a permanent union of sovereign states for common action in relation to other states. The closest entity in the world to a confederation at this time is the European Union . While the word confederation was officially used when the Canadian federal system was established in 1867, the term refers only to the process and not the resulting state since Canadian provinces are not sovereign and do not claim to be. In
5110-815: The Commonwealth of the Northern Mariana Islands (CNMI), Puerto Rico , American Samoa , and the United States Virgin Islands (USVI)) have at least a package veto and a line-item veto. The first territorial governor to be granted line-item veto power was the governor of the Territory of Hawaii in 1902. In addition to these gubernatorial veto powers, Congress has expressly reserved the plenary power to nullify territorial legislation in some territories, including Guam, although not in Puerto Rico. Some territories' organic laws formerly provided for an absolute presidential veto over territorial legislation as well, as
5256-735: The Crown Dependencies of the Isle of Man and the bailiwicks of Guernsey and Jersey in the Channel Islands and the United Kingdom is very similar to a federate relation: the Islands enjoy independence from the United Kingdom, which, via The Crown, takes care of their foreign relations and defense – although the UK Parliament does have overall power to legislate for the dependencies. However,
5402-628: The Iroquois Confederacy in pre-Columbian North America , could be described as federations or confederations . The Old Swiss Confederacy was an early example of formal non-unitary statehood. Several colonies and dominions in the New World consisted of autonomous provinces, transformed into federal states upon independence such as the United States , and various countries in Latin America (see Spanish American wars of independence ). Some of
5548-588: The Line Item Veto Act of 1996 . This act allowed the president to veto individual items of budgeted expenditures from appropriations bills instead of vetoing the entire bill and sending it back to Congress. However, this line-item veto was immediately challenged by members of Congress who disagreed with it. In 1998, the Supreme Court ruled 6–3 to declare the line-item veto unconstitutional. In Clinton v. City of New York ( 524 U.S. 417 (1998)),
5694-584: The President of the Continental Congress likewise lacked a veto power (although as a legislative presiding officer, the position was not completely analogous to a chief executive). There were three exceptions. South Carolina initially provided for an absolute veto , but after governor John Rutledge vetoed the new state constitution , he was forced to resign, and his successor signed a constitution that did not provide for any veto power. In Massachusetts ,
5840-504: The Senate . The U.S. House of Representatives is made up of 435 voting members, each of whom represents a congressional district in a state from where they were elected. Apportionment of seats among the 50 states is determined by state populations, and it is updated after each decennial U.S. Census. Each member serves a two-year term. In order to be elected as a representative, an individual must be at least 25 years of age, must have been
5986-459: The Supreme Court , combat piracies and felonies , declare war , raise and support armies , provide and maintain a navy , make rules for the regulation of land and naval forces, provide for, arm and discipline the militia , exercise exclusive legislation in the District of Columbia , regulate interstate commerce , and to make laws necessary to properly execute powers. Over the two centuries since
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6132-489: The U.S. Senate , all members of the U.S. House must be elected and cannot be appointed. In the case of a vacancy, the seat must be filled through a special election, as required under Article 1 of the U.S. Constitution. In contrast, the Senate is made up of two senators from each state, regardless of population. There are currently 100 senators (2 from each of the 50 states), who each serve six-year terms. Approximately one-third of
6278-457: The U.S. Supreme Court . In the federal division of power, the federal government shares sovereignty with each of the 50 states in their respective territories. U.S. law recognizes Indigenous tribes as possessing sovereign powers , while being subject to federal jurisdiction. The full name of the republic is the "United States of America". No other name appears in the Constitution , and this
6424-522: The U.S. Tax Court , are specialized courts handling only certain kinds of cases, known as subject matter jurisdiction . The Bankruptcy Courts are supervised by the district courts, and, as such, are not considered part of the Article III judiciary. As such, their judges do not have lifetime tenure, nor are they Constitutionally exempt from diminution of their remuneration. The Tax Court is an Article I Court, not an Article III Court. The district courts are
6570-475: The United States Constitution having become effective on 4 March 1789, the United States is the oldest surviving federation, while the newest federation is Nepal , after its constitution went into effect on 20 September 2015. The component states are in some sense sovereign, insofar as certain powers are reserved to them that may not be exercised by the central government. However, a federation
6716-493: The United States District Courts , which are the general trial courts for federal law, and for certain controversies between litigants who are not deemed citizens of the same state, known as diversity jurisdiction . There are three levels of federal courts with general jurisdiction, which are courts that handle both criminal and civil suits between individuals. Other courts, such as the bankruptcy courts and
6862-839: The United States Postal Service (USPS), NASA , the Central Intelligence Agency (CIA), the Environmental Protection Agency (EPA), and the United States Agency for International Development (USAID). In addition, there are government-owned corporations , including the Federal Deposit Insurance Corporation and the National Railroad Passenger Corporation . The Judiciary, under Article III of
7008-684: The White House staff, the National Security Council , the Office of Management and Budget , the Council of Economic Advisers , the Council on Environmental Quality , the Office of the U.S. Trade Representative , the Office of National Drug Control Policy , and the Office of Science and Technology Policy . Outside of the EOP and the executive departments are a number of independent agencies . These include
7154-434: The city council . The mayoral veto is a typical feature of "strong mayor" systems in which the mayor is the chief executive and the council is limited to legislative matters. These systems are more common in large cities. The mayors of New York, Los Angeles and Chicago all have veto power, as does the mayor of Washington, D.C. The mayor of Houston , however, does not. The proportion of council votes required to override
7300-581: The government of the Soviet Union . The Russian Federation has inherited a similar system. India , Pakistan , Nigeria and Malaysia (then Federation of Malaya ) became federations on or shortly before becoming independent from the British Empire . In some recent cases, federations have been instituted as a measure to handle ethnic conflict within a state, such as Bosnia and Herzegovina , and Iraq since 2005 as well as Somalia since 2012 . With
7446-566: The head of government (the chief executive). The Constitution directs the president to " take care that the laws be faithfully executed " and requires the president to swear or affirm to "preserve, protect and defend the Constitution of the United States." Legal scholars William P. Marshall and Saikrishna B. Prakash write of the Clause: "the President may neither breach federal law nor order their subordinates to do so, for defiance cannot be considered faithful execution. The Constitution also incorporates
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#17328369505037592-553: The proclaimed Arab federations were confederations de facto . Veto power in the United States In the United States , the president can use the veto power to prevent a bill passed by the Congress from becoming law. Congress can override the veto by a two-thirds vote of both chambers. All state and territorial governors have a similar veto power, as do some mayors and county executives. In many states and territories
7738-538: The separation of powers doctrine. Prior to this ruling, President Clinton had applied the line-item veto to the federal budget 82 times. In 2006, Senator Bill Frist introduced the Legislative Line Item Veto Act of 2006 in the United States Senate . Rather than provide for an actual legislative veto, however, the procedure created by the act provides that, if the president should recommend
7884-560: The "F" word in the EU context should feel free to refer to it as a quasi-federal or federal-like system. Nevertheless, for the purposes of the analysis here, the EU has the necessary attributes of a federal system. It is striking that while many scholars of the EU continue to resist analyzing it as a federation, most contemporary students of federalism view the EU as a federal system. ( See, for instance, Bednar, Filippov et al., McKay, Kelemen, Defigueido and Weingast ) A more nuanced view has been given by
8030-456: The "Morton memorandum" directed all BIA superintendents and area directors to disapprove any tribal legislation regulating water use on Indian reservations that required secretarial approval under tribal law. Thus, tribes without such provisions in their constitutions could regulate water use, but those whose constitutions granted a secretarial veto faced an additional obstacle to doing so. Some tribes have amended their constitutions to eliminate
8176-467: The "federal nature of Spain's government (a trend that almost no one denies)." Each autonomous community is governed by a Statute of Autonomy ( Estatuto de Autonomía ) under the Spanish Constitution of 1978 . Although South Africa bears some elements of a federal system, such as the allocation of certain powers to provinces, some nevertheless argue that it is functionally a unitary state. On
8322-539: The 1930s, which contained a provision allowing either house of that legislature to nullify decisions of agencies in the executive branch simply by passing a resolution. In this case, Chadha's deportation was suspended and the House of Representatives passed a resolution overturning the suspension, so that the deportation proceedings would continue. This, the court held, amounted to the House of Representatives passing legislation without
8468-677: The 1970s. Moreover, although nominally called a federal state, the country's structure already has a number of confederational traits . At present, there is a growing movement to transform the existing federal state into a looser confederation with two or three constitutive states and/or two special regions. A confederation is most likely to feature three differences when contrasted with a federation: (1) No real direct powers: many confederal decisions are externalized by member-state legislation; (2) Decisions on day-to-day-matters are not taken by simple majority but by special majorities or even by consensus or unanimity (veto for every member); (3) Changes of
8614-517: The British king, typically acting through the Board of Trade . Both vetoes were absolute and derived from the monarch's power to deny royal assent . While the British monarch last used this power within the United Kingdom in 1708, in the colonies the practice continued for much longer. From 1696 to 1765, the king struck down nearly 400 laws that had been adopted by an American colonial legislature and approved by
8760-831: The Cabinet who are appointed by the president. These are the White House Chief of Staff, Administrator of the Environmental Protection Agency, Director of the Office of Management & Budget, United States Trade Representative, U.S. Ambassador to the United Nations, Chairman of the Council of Economic Advisers, and Administrator of the Small Business Administration. The heads of the 15 departments are chosen by
8906-633: The Constitution, explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases. Article III section I of the Constitution establishes the Supreme Court of the United States and authorizes the United States Congress to establish inferior courts as their need shall arise. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office. Article II section II establishes that all federal judges are to be appointed by
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#17328369505039052-585: The Constitutional Convention, the framers overwhelmingly rejected three proposals for an absolute veto. They also rejected proposals for a combined judicial-executive veto along the lines of the New York constitution. The presidential veto power provided by the 1789 Constitution was first exercised on April 5, 1792, when President George Washington vetoed a bill outlining a new apportionment formula. Apportionment described how Congress divides seats in
9198-415: The English bars on dispensing or suspending the law, with some supposing that the Clause itself prohibits both." Many presidential actions are undertaken via executive orders , presidential proclamations , and presidential memoranda . The president is the commander-in-chief of the armed forces . Under the Reception Clause , the president is empowered to "receive Ambassadors and other public Ministers";
9344-478: The German Constitutional Court. Here the EU is defined as 'an association of sovereign national states ( Staatenverbund )'. With this view, the European Union resembles more of a confederation . Constitutionally, the power vested in the special administrative regions of the People's Republic is granted from the Central People's Government , through a decision by the National People's Congress . However, there have been certain largely informal grants of power to
9490-532: The House of Representatives among the states based on the US census figures. Washington's stated reasons for vetoing the bill were that it did not apportion representatives according to states' relative populations and that it gave eight states more than one representative per 30,000 residents, in violation of the Constitution. The veto power continued to be very rarely used until the presidency of Andrew Jackson , who vetoed 12 bills. Although controversial, none of these vetoes were overridden. Congress first overrode
9636-411: The House plus its two senators). The District of Columbia has a number of electoral votes "equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State". A President may also be seated by succession . As originally drafted, there was no limit to the time a President could serve, however
9782-579: The Member States' right to leave the Union is codified, and the Union operates with more qualified majority voting (rather than unanimity) in many areas. By the signature of this Treaty, the participating Parties give proof of their determination to create the first supranational institution and that thus they are laying the true foundation of an organized Europe. This Europe remains open to all nations. We profoundly hope that other nations will join us in our common endeavor. Europe has charted its own brand of constitutional federalism. Those uncomfortable using
9928-461: The New World federations failed; the Federal Republic of Central America broke up into independent states less than 20 years after its founding. Others, such as Argentina , have shifted between federal, confederal , and unitary systems, before settling into federalism. Brazil became a federation only after the fall of the monarchy , and Venezuela became a federation after the Federal War . Australia and Canada are also federations. Germany
10074-676: The President alone, in the Courts of Law, or in the Heads of Departments." These appointments delegate "by legal authority a portion of the sovereign powers of the federal government." The Constitution grants the president the "Power to grant Reprieves and Pardons for Offences against the United States , except in Cases of Impeachment"; this clemency power includes the power to issue absolute or conditional pardons, and to issue commute sentences , to remit fines, and to issue general amnesties . The presidential clemency power extends only to federal crimes, and not to state crimes. The president has informal powers beyond their formal powers. For example,
10220-408: The Senate never considered it, so the bill expired and never became law. In 2009, Senators Russ Feingold and John McCain introduced legislation of a limited version of the line-item veto. This bill would give the president the power to withdraw earmarks in new bills by sending the bill back to Congress minus the line-item vetoed earmark. Congress would then vote on the line-item vetoed bill with
10366-438: The Senate stands for election every two years. If a vacancy occurs, the state governor appoints a replacement to complete the term or to hold the office until a special election can take place. The House and Senate each have particular exclusive powers. For example, the Senate must approve (give " advice and consent " to) many important presidential appointments, including cabinet officers, federal judges (including nominees to
10512-472: The Supreme Court), department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and ambassadors to foreign countries. All legislative bills for raising revenue must originate in the House of Representatives. The approval of both chambers is required to pass all legislation, which then may only become law by being signed by the president (or, if the president vetoes
10658-1013: The Tenth Amendment contained in the Bill of Rights and the Eleventh Amendment. However, later amendments, particularly the Fourteenth Amendment, gave the federal government considerable authority over states. Federal government within this structure are the government ministries and departments and agencies to which the ministers of government are assigned. There are 26 federations in the world, with 6 each in Asia and Europe , 5 in Africa , 4 in North America , 3 in South America and 2 in Oceania . Some of
10804-483: The Twenty-second Amendment, ratified in 1951, originally limits any president to serving two four-year terms (8 years); the amendment specifically "caps the service of a president at 10 years" by providing that "if a person succeeds to the office of president without election and serves less than two years, he may run for two full terms; otherwise, a person succeeding to office of president can serve no more than
10950-688: The United Kingdom, because, in a devolved state, the central government can revoke the independence of the subunits (the Scottish Parliament , the Welsh Parliament and the Northern Ireland Assembly in the case of the United Kingdom) without changing the constitution. In some cases, such as the autonomous communities of Spain , devolution has led to federation in all but name, or "federation without federalism". The relation between
11096-514: The United States was formed, many disputes have arisen over the limits on the powers of the federal government. These disputes have often been the subject of lawsuits that have ultimately been decided by the United States Supreme Court . Congressional oversight is intended to prevent waste and fraud, protect civil liberties and individual rights, ensure executive compliance with the law, gather information for making laws and educating
11242-534: The autonomy of Catalonia in response to the Catalan declaration of independence , in the lead-up to the 2017 Catalan election . Additionally, some autonomies such as Navarre or the Basque Country have full control over taxation and spending, transferring a payment to the central government for the common services (military, foreign relations, macroeconomic policy). For example, scholar Enrique Guillén López discusses
11388-415: The autonomy of a self-governing region, it may be politically difficult for it to do so in practice. The self-governing regions of some unitary states also often enjoy greater autonomy than those of some federations. For these reasons, it is sometimes argued that some modern unitary states are de facto federations. De facto federations, or quasi-federations, are often termed " regional states ". Spain
11534-453: The bill, both houses of Congress then re-pass the bill, but by a two-thirds majority of each chamber, in which case the bill becomes law without the president's signature). The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. The Constitution also includes the Necessary and Proper Clause , which grants Congress
11680-402: The case from state court to federal court. The United States Courts of Appeals are appellate courts that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies, and some interlocutory appeals. The U.S. Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has original jurisdiction over
11826-568: The case of Switzerland , while the country is still known officially as the Swiss Confederation, this is now a misnomer since the Swiss cantons lost their sovereign status in 1848. In Belgium, however, the opposite movement is underway. Belgium was founded as a centralized state, after the French model, but has gradually been reformed into a federal state by consecutive constitutional reforms since
11972-417: The central union government would devolve most powers to the new island governments, each led by a president. Certain forms of political and constitutional dispute are common to federations. One issue is that the exact division of power and responsibility between federal and regional governments is often a source of controversy. Often, as is the case with the United States , such conflicts are resolved through
12118-403: The chambers to consider urgent matters. The vice president is the second-highest official in rank of the federal government. The vice president's duties and powers are established in the legislative branch of the federal government under Article 1, Section 3, Clauses 4 and 5 as the president of the Senate ; this means that they are the designated presiding officer of the Senate. In that capacity,
12264-535: The colony's governor. This heavy use of the veto power was included in the bill of particulars in the Declaration of Independence in 1776, which states that the king "has refused his Assent to Laws, the most wholesome and necessary for the common good." In the years immediately following independence, in the Confederation period , most state constitutions did not provide for a gubernatorial veto at all. Nationally,
12410-522: The component states nor the federal political body without constitutional amendment. Sovereign power is formally divided between a central authority and a number of constituent regions so that each region retains some degree of control over its internal affairs. Overriding powers of a central authority theoretically can include: the constitutional authority to suspend a constituent state's government by invoking gross mismanagement or civil unrest, or to adopt national legislation that overrides or infringes on
12556-399: The concurrence of the Senate, and without presenting the legislation to the president for consideration and approval (or veto). Thus, the constitutional principle of bicameralism and the separation of powers doctrine were disregarded in this case, and this legislative veto of executive decisions was struck down. In 1996, the United States Congress passed, and President Bill Clinton signed,
12702-533: The consent of two-thirds of the Senate. Article II's Appointments Clause provides that the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States " while providing that "Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in
12848-496: The constituent states' powers by invoking the central government's constitutional authority to ensure "peace and good government" or to implement obligations contracted under an international treaty. The governmental or constitutional structure found in a federation is considered to be federalist , or to be an example of federalism . It can be considered in comparison with the unitary state . France and Japan , for example, have been unitary for many centuries. The Austrian Empire
12994-408: The constitution of 1780 provided for a qualified veto , in which a gubernatorial veto could be overridden by a two-thirds vote of each chamber of the legislature. And the 1777 New York constitution established a "Council of Revision" made up of the governor, chancellor and state Supreme Court judges, which could issue a qualified veto of legislation. The Massachusetts and New York constitutions were
13140-479: The constitution, usually a treaty, require unanimity. Over time these terms acquired distinct connotations leading to the present difference in definition. An example of this is the United States under the Articles of Confederation . The Articles established a national government under what today would be defined as a federal system (albeit with a comparatively weaker federal government). However, Canadians, designed with
13286-459: The constitution. The governor of Guam has a package veto power and a line-item veto power, both of which can be overridden by a two-thirds vote of the legislature. The governor also has a pocket veto that cannot be overridden. The governor of the CNMI has a package veto and a line-item veto over appropriation bills. The line-item veto is limited to the appropriations themselves, and does not allow
13432-576: The county judge has no veto power, and instead votes as a member of the Commissioners' Court . In New York, counties adopting a charter may choose to have a county executive either with or without veto power. Wisconsin granted a veto to county executives by constitutional amendment in 1962, although as of 2020 , this applies only to twelve counties that have adopted a county executive form of government. Likewise in California, elected county executives have
13578-435: The court found the language of the Constitution required each bill presented to the president to be either approved or rejected as a whole. An action by which the president might pick and choose which parts of the bill to approve or not approve amounted to the president acting as a legislator instead of an executive and head of state —and particularly as a single legislator acting in place of the entire Congress—thereby violating
13724-567: The economy. In addition, each house may name special, or select, committees to study specific problems. Today, much of the congressional workload is borne by the subcommittees, of which there are around 150. The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include the powers to levy and collect taxes ; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, issue patents, create federal courts inferior to
13870-461: The entire jurisdiction is relatively homogeneous, and each constituent state resembles a miniature version of the whole; this is known as 'congruent federalism'. On the other hand, incongruent federalism exists where different states or regions possess distinct ethnic groups. The ability of a federal government to create national institutions that can mediate differences that arise because of linguistic, ethnic, religious, or other regional differences
14016-418: The executive branch when becoming president upon the death, resignation, or removal of the president, which has happened nine times in U.S. history. Lastly, in the case of a Twenty-fifth Amendment succession event, the vice president would become acting president, assuming all of the powers and duties of president, except being designated as president. Accordingly, by circumstances, the Constitution designates
14162-515: The executive branch, and can contribute to the American constitutional tradition. However, unlike a presidential signing statement , a veto statement does not carry much direct weight in the American legal system, because of its function: if Congress fails to override the veto, the bill and veto become legally irrelevant, but if the override succeeds, the veto message is not considered during subsequent executive implementation or judicial interpretation of
14308-531: The federal and the unitary state during its history. Some present-day states of the Brazilian federation retain borders set during the Portuguese colonization (before the very existence of the Brazilian state), whereas the latest state, Tocantins , was created by the 1988 Constitution for chiefly administrative reasons. Seven of the top eight largest countries by area are governed as federations. A unitary state
14454-771: The federation because of rising racial tension. In some cases, internal conflict may lead a federation to collapse entirely, as occurred the Federation of Rhodesia and Nyasaland , the Gran Colombia , the United Provinces of Central America , and the West Indies Federation . The federal government is the common government of a national or supranational federation. A federal government may have distinct powers at various levels authorized or delegated to it by its member states. The structure of federal governments varies. Based on
14600-442: The governor has additional veto powers, including line-item, amendatory and reduction vetoes. Veto powers also exist in some, but not all, tribal governments. A bill that is passed by both houses of Congress is presented to the president. Presidents approve of legislation by signing it into law. If the president does not approve of the bill and chooses not to sign, they may return it unsigned, within ten days, excluding Sundays, to
14746-500: The governor to strike out substantive provisions. The governor has used this power to provoke legislative change, for example in 2018 with the item veto of the Taulamwaar Sensible CNMI Cannabis Act , which included a veto of a $ 5 registration fee for cannabis licenses because it was too low, which led to subsequent legislation imposing a $ 25 fee. The governor of Puerto Rico has a reduction veto in addition to
14892-436: The governor's veto, the governor can choose to forward the bill to the Secretary of the Interior for review, at which point it will only become law if the secretary approves it within 90 days. Some Samoan legislators have criticized the secretarial veto provision as a throwback to colonial government, but referendums to remove it have been repeatedly defeated, most recently in 2018. Separately from these executive veto powers,
15038-420: The house of the United States Congress in which it originated, while Congress is in session. The president is constitutionally required to state any objections to the bill in writing, and Congress is required to consider them, and to reconsider the legislation. Returning the unsigned bill to Congress constitutes a veto. If Congress overrides the veto by a two-thirds vote in each house, it becomes law without
15184-692: The initiator of the European Community system, wrote that a transnational Community like the founding of the European Coal and Steel Community lay midway between an association of States where they retained complete independence and a federation leading to a fusion of States in a super-state . The Founding Fathers of the European Union wrote the Europe Declaration (Charter of the Community) at
15330-767: The islands are neither an incorporated part of the United Kingdom nor are they considered to be independent or associated states. The islands do not have a monarch, per se ; rather in the Isle of Man the British Monarch is, ex officio , Lord of Mann , and in the Bailiwicks of Guernsey and Jersey, the British Monarch rules as the Duke of Normandy . Dependent territories , such as the British overseas territories , are vested with varying degrees of power; some enjoy considerable independence from
15476-403: The judicial system, which delimits the powers of federal and local governments. The relationship between federal and local courts varies from nation to nation and can be a controversial and complex issue in itself. Another common issue in federal systems is the conflict between regional and national interests, or between the interests and aspirations of different ethnic groups. In some federations
15622-477: The law and creating precedent for future law and decisions. The United States Constitution does not specifically mention the power of judicial review , which is the power to declare a law unconstitutional. There have been instances in the past where such declarations have been ignored by the other two branches. Below the U.S. Supreme Court are the United States Courts of Appeals , and below them in turn are
15768-513: The law. The president or the state governor may sign the veto statement at a signing ceremony , often with media present, particularly for measures that they wish to disapprove of in a very public fashion. In the Thirteen Colonies , the British colonial government exercised two forms of veto: an absolute veto exercised by the governor of each colony (except for Connecticut, Maryland, and Rhode Island), and another absolute veto exercised by
15914-540: The legislature has retained a legislative veto over certain long-term leases, which the High Court of American Samoa upheld as constitutional in 1987. The vetoes of the governor of the US Virgin Islands has a package veto power and a line-item veto power. Both can be overridden by a two-thirds vote of the legislature . The governor also has a pocket veto, which cannot be overridden. The elected governor has held
16060-578: The line-item veto since 1954, under the Revised Organic Act of the Virgin Islands . In 1976, the Third Circuit Court of Appeals ruled that the existing statutory language did not allow for an override. However, the organic law was amended in 1977 to allow the line-item veto to be overridden. Mayors in a mayor-council government often have a veto power over local ordinances passed by
16206-447: The majority of the federal government is based. The U.S. federal government is composed of three distinct branches: legislative , executive , and judicial , whose powers are vested by the U.S. Constitution in the Congress , the president , and the federal courts , respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts subordinate to
16352-421: The mayor had only a suspensive veto that the council could override by a simple majority vote. In addition to mayoral vetoes in cities and towns, some states also grant a veto power to the elected executive of some or all counties. Arkansas adopted a constitutional amendment in 1974 that gave all county judges a veto that can be overridden by a three-fifths majority of the quorum court . In Texas, in contrast,
16498-478: The mayoral role was strengthened, becoming an independently elected office with multi-year terms, in part as an effort to limit the political power of immigrants. With this change toward a stronger mayoral role, mayoral veto powers became more common, particularly after 1850. In most cases there was a two-thirds requirement for override; however, in some cases (such as Louisville and in New York City before 1853)
16644-477: The nation's highest judiciary authority, the Supreme Court (as well as to lower federal courts), but those nominees must be approved by Congress. The Supreme Court, in turn, can invalidate unconstitutional laws passed by the Congress. The United States Congress , under Article I of the Constitution, is the legislative branch of the federal government. It is bicameral , comprising the House of Representatives and
16790-693: The office of vice president. Article II, Section 2 of the Constitution sets forth the creation of a presidential Cabinet. The role of the Cabinet is to advise the president and carry out the programs and laws of the federal government. The Cabinet is composed of the vice president and the leaders of 15 executive departments. Those executive departments are the Departments of State, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security. Additionally, there are seven other members of
16936-401: The official. Then, a trial is held in the Senate to decide whether the official should be removed from office. As of 2023, three presidents have been impeached: Andrew Johnson , Bill Clinton , and Donald Trump (twice). None of the three were removed from office following trial in the Senate. Article I, Section 2, paragraph 2 of the U.S. Constitution gives each chamber the power to "determine
17082-415: The only state-level vetoes at the time of the constitutional convention in 1787, and served as models for the framing of the veto power in the United States Constitution . With the enactment of the United States Constitution (which took effect on March 4, 1789) veto power was conferred upon the President of the United States. During the Constitutional Convention, the veto was routinely referred to as
17228-447: The other hand, if federation is defined as the constitutional entrenchment of the powers of subcentral units (provinces, etc.) that is not unilaterally changeable or revocable by the central authority, South Africa does qualify, formally, as a federal state. The European Union (EU) is a sui generis political union or confederation (the assemblage of societies or an association of two or more states into one state). Robert Schuman ,
17374-429: The package and line-item vetoes. The legislature can override any of these vetoes by a two-thirds majority of each chamber. The governor has had the line-item veto since 1917. The governor also has a pocket veto, which cannot be overridden. The governor of American Samoa has package and line-item veto powers, which the legislature can override within 14 months of the veto date. If the legislature has overridden
17520-480: The plaintiffs and the government of another state was the defendant. It did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant. The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The interplay of the Supremacy Clause and Article III has resulted in
17666-543: The power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers". Members of the House and Senate are elected by first-past-the-post voting in every state except Louisiana and Georgia , which have runoffs , and Maine and Alaska , which use ranked-choice voting . Congress has the power to remove the president, federal judges, and other federal officers from office. The House of Representatives and Senate have separate roles in this process. The House must first vote to impeach
17812-495: The power to adjourn Congress whenever the House and Senate cannot agree when to adjourn; no president has ever used this power. The president also has the constitutional power to, "on extraordinary Occasions, convene both Houses, or either of them"; this power has been used "to consider nominations, war, and emergency legislation." This Section invests the President with the discretion to convene Congress on "extraordinary occasions"; this special session power that has been used to call
17958-484: The power to re-organize or even abolish federal courts lower than the Supreme Court. The U.S. Supreme Court decides cases and controversies , which include matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and, in general, can declare legislation or executive action made at any level of the government as unconstitutional , nullifying
18104-493: The president and approved with the "advice and consent" of the U.S. Senate. Once confirmed, these "Cabinet secretaries" serve at the pleasure of the president. In addition to the executive departments, a number of staff organizations are grouped into the Executive Office of the President (EOP), which was created in 1939 by President Franklin D. Roosevelt. The EOP is overseen by the White House Chief of Staff. The EOP includes
18250-476: The president and confirmed by the United States Senate. The Judiciary Act of 1789 subdivided the nation jurisdictionally into judicial districts and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress retains
18396-537: The president has broad authority to conduct foreign relations, is generally considered to have the sole power of diplomatic recognition , and is the United States' chief diplomat, although the Congress also has an important role in legislating on foreign affairs, and can, for example, "institute a trade embargo, declare war upon a foreign government that the President had recognized, or decline to appropriate funds for an embassy in that country." The president may also negotiate and sign treaties, but ratifying treaties requires
18542-464: The president has major agenda-setting powers to influence lawmaking and policymaking, and typically has a major role as the leader of their political party . The president and vice president are normally elected as running mates by the Electoral College ; each state has a number of electoral votes equal to the size of its Congressional delegation ( i.e. , its number of Representatives in
18688-522: The president's signature, "unless the Congress by their Adjournment prevent its Return in which Case it shall not be a Law" (called a pocket veto ). A presidential veto may be overridden by a two-thirds vote in both houses of Congress; this occurs relatively infrequently. The president 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 , but has
18834-434: The president's signature. Otherwise, the bill fails to become law. Historically, the Congress has overridden about 7% of presidential vetoes. The votes are made at the qualified majority of the members voting , not of the whole number of the houses' members. A bill becomes law without the president's signature if it is not signed within the ten days allotted, if Congress is still in session. But if Congress adjourns before
18980-566: The provinces, to handle economic affairs and implement national policies, resulting in a system some have termed federalism " with Chinese characteristics ". Constitutionally a unitary state , the political system in Myanmar bears many elements of federalism. Each administrative division has its own cabinets and chief ministers, making it more like a federation rather than a unitary state. The French overseas collectivity Wallis and Futuna maintains some quasi-federation attributes. The territory
19126-492: The public, and evaluate executive performance. It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency. Congress's oversight function takes many forms: The executive branch is established in Article Two of the United States Constitution , which vests executive power in the president of the United States . The president is both the head of state (performing ceremonial functions) and
19272-540: The rescission of a budgetary line item from a budget bill he previously signed into law—a power he already possesses pursuant to U.S. Const. Article II—the Congress must vote on his request within ten days. Because the legislation that is the subject of the president's request (or "special message", in the language of the bill) was already enacted and signed into law, the vote by the Congress would be ordinary legislative action, not any kind of veto—whether line-item, legislative or any other sort. The House passed this measure, but
19418-411: The right to sign binding treaties. Basically, a modern federal government, within the limits defined by its constitution, has the power to make laws for the whole country, unlike local governments. As originally written, the United States Constitution was created to limit the federal government from exerting power over the states by enumerating only specific powers. It was further limited by the addition of
19564-470: The rules of its proceedings". From this provision were created congressional committees , which do the work of drafting legislation and conducting congressional investigations into national matters. The 118th Congress (2023–2025) has 20 standing committees in the House and 19 in the Senate, plus 4 joint permanent committees with members from both houses overseeing the Library of Congress , printing, taxation, and
19710-505: The same way as the president or other officials of the federal government. U.S. judges are appointed by the president, subject to confirmation by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any present Article III judge. However, Congress is able to set a lower salary for all future judges who take office after such a pay reduction is passed by Congress. Federation#Federal governments List of forms of government A federation (also called
19856-410: The sovereign state, which only takes care of their foreign relations and defense. However, they are neither considered to be part of it nor recognized as sovereign or associated states. The distinction between a federation and a unitary state is often quite ambiguous. A unitary state may closely resemble a federation in structure and, while a central government may possess the theoretical right to revoke
20002-605: The ten days have passed during which the president might have signed the bill, then the bill fails to become law. This procedure is called a pocket veto . Both the president of the United States and US state governors usually issue a veto statement or veto message that provides their reasons for vetoing a measure when returning it to Congress or the state legislature, as required by the US Constitution, state constitutions, or by custom. Those statements do not have precedential value, although their reasoning may be respected within
20148-595: The time of the signing of the Treaty of Paris on 18 April 1951 saying that Europe should be organized on a transnational foundation. They envisaged a structure quite different from a federation called the European Political Community . The EU is a three-pillar structure of the original supranational European Economic Community and the nuclear energy cooperation and non-proliferation treaty, Euratom , plus two largely intergovernmental pillars dealing with External Affairs and Justice and Home Affairs. The EU
20294-522: The trial courts wherein cases that are considered under the Judicial Code (Title 28, United States Code) consistent with the jurisdictional precepts of federal question jurisdiction , diversity jurisdiction, and pendent jurisdiction can be filed and decided. The district courts can also hear cases under removal jurisdiction , wherein a case brought in a state court meets the requirements for diversity jurisdiction, and one party litigant chooses to "remove"
20440-508: The vice president as routinely in the legislative branch, or succeeding to the executive branch as president, or possibly being in both as acting president pursuant to the Twenty-fifth Amendment . Because of circumstances, the overlapping nature of the duties and powers attributed to the office, the title of the office and other matters, such has generated a spirited scholarly dispute regarding attaching an exclusive branch designation to
20586-510: The vice president has the authority ( ex officio , for they are not an elected member of the Senate) to cast a tie-breaking 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 . As first in the U.S. presidential line of succession , the vice president's duties and powers move to
20732-562: Was a unitary state with crown lands , after the transformation into the Austria-Hungary monarchy the remaining crown lands of so-called Cisleithania became federated as Länder of the Republic of Austria through the implementation of its constitution . Germany , with its 16 states, or Länder , and Nigeria , with its 36 states and federal capital territory , are examples of federations. Federations are often multi-ethnic and cover
20878-459: Was not born in India, he was not an Indian citizen. Because his parents were not Kenyan citizens, he was not Kenyan. Thus, he had nowhere to go when his student visa expired because neither country would take him, so he overstayed his visa and was ordered to show cause why he should not be deported from the United States. The Immigration and Nationality Act was one of many acts of Congress passed since
21024-492: Was the German Empire (1871–1918). A federacy is a unitary state that incorporates one or more self-governing autonomous areas . It is distinguished from a federation in that the constitutional structure of the state is still unitary, but incorporates federalist principles. Some federacies, notably Åland , were established through international treaty . A federation differs from a devolved state , such as Indonesia and
21170-652: Was the case for example in Puerto Rico under the Jones-Shafroth Act of 1917, and in the United States Virgin Islands (USVI) until 1968. In Guam and the USVI, the territory's organic law defines the governor's veto powers. In Puerto Rico, the Commonwealth of the Northern Mariana Islands (CNMI), and American Samoa, which are governed by a constitution rather than federal statute, veto powers are defined in
21316-500: Was the case with the United States and Switzerland. However, as the histories of countries and nations vary, the federalist system of a state can be quite different from these models. Australia, for instance, is unique in that it came into existence as a nation by the democratic vote of the citizens of each state, who voted "yes" in referendums to adopt the Australian Constitution . Brazil, on the other hand, has experienced both
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