130-448: The Export Control Act of 1940 was one in a series of legislative efforts by the US government and initially the administration of President Franklin D. Roosevelt to accomplish two tasks: to avoid scarcity of critical commodities in a likely prewar environment and to limit the exportation of materiel to Imperial Japan . The act originated as a presidential proclamation by Roosevelt forbidding
260-508: A Joint Security Area at Panmunjom . The conflict caused more than 1 million military deaths and an estimated 2 to 3 million civilian deaths, a larger proportion of civilian deaths than in World War II or the Vietnam War . Alleged war crimes include the mass killing of suspected communists by Seoul and the torture and starvation of prisoners of war by Pyongyang. North Korea became one of
390-617: 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
520-707: 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
650-523: 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
780-511: A drain on such goods from plentiful American supplies with its consequential inflationary effects. National security and foreign policy concerns, especially following the outbreak of the Korean War , were new and compelling reasons for passing the Export Control Act of 1949 and in extending it until (at least) 1958. The law included both domestic policies aimed primarily at conditions within
910-607: 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
1040-557: A future independent state. Due to political disagreements and influence from their backers, the zones formed their own governments in 1948. The DPRK was led by Kim Il Sung in Pyongyang , and the ROK by Syngman Rhee in Seoul ; both claimed to be the sole legitimate government of all of Korea and engaged in border clashes as internal unrest was fomented by communist groups in the south. On 25 June 1950,
1170-501: A general attack across the 38th parallel, rather than a limited operation in Ongjin. Kim was concerned that South Korean agents had learned about the plans and that South Korean forces were strengthening their defenses. Stalin agreed to this change. While these preparations were underway in the North, there were clashes along the 38th parallel, especially at Kaesong and Ongjin, many initiated by
1300-579: A national political constitution on 17 July and elected Syngman Rhee as president on 20 July. The Republic of Korea (South Korea) was established on 15 August 1948. In the Soviet-Korean Zone of Occupation, the Soviets agreed to the establishment of a communist government led by Kim Il Sung. The 1948 North Korean parliamentary elections took place in August. The Soviet Union withdrew its forces in 1948 and
1430-470: 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
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#17328455162741560-598: A telegram. Mao accepted the decision made by Kim and Stalin to unify Korea but cautioned Kim over possible US intervention. Soviet generals with extensive combat experience from World War II were sent to North Korea as the Soviet Advisory Group. They completed plans for attack by May and called for a skirmish to be initiated in the Ongjin Peninsula on the west coast of Korea. The North Koreans would then launch an attack to capture Seoul and encircle and destroy
1690-449: 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 the U.S. Supreme Court . In
1820-512: Is overrun by unprovoked armed attack would start a disastrous chain of events leading most probably to world war." While there was hesitance by some in the US government to get involved, considerations about Japan fed into the decision to engage on behalf of South Korea. After the fall of China to the communists, US experts saw Japan as the region's counterweight to the Soviet Union and China. While there
1950-422: 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 a more limited role for the central government in relation to individuals,
2080-470: The Cold War between the Soviet Union and US. Fighting ended in 1953 with an armistice but no peace treaty , leading to the ongoing Korean conflict characterized by phases of diplomacy and confrontation. After the end of World War II in 1945, Korea, which had been a Japanese colony for 35 years, was divided by the Soviet Union and the US into two occupation zones at the 38th parallel , with plans for
2210-412: The Export Control Act of 1949 in 1951, 1953, 1956 and again in 1958. The Export Control Act of 1949 is an example of the type of legislation that it renders, subject to the regulations promulgated under it, all persons wherever situated. Under its provisions, exports of scarce materials are controlled both from an economic standpoint (short supply and consequent inflationary effect on foreign demand) and
2340-526: The Korean People's Army (KPA), equipped and trained by the Soviets, launched an invasion of the south. In the absence of the Soviet Union's representative, the UN Security Council denounced the attack and recommended member states to repel the invasion. UN forces comprised 21 countries, with the US providing around 90% of military personnel. Seoul was captured on 28 June, and by early August,
2470-660: The Republic of Korea Army (ROKA) and its allies were nearly defeated, holding onto only the Pusan Perimeter in the peninsula's southeast. On 15 September, UN forces landed at Inchon near Seoul, cutting off KPA troops and supply lines. UN forces broke out from the perimeter on 18 September, re-captured Seoul, and invaded North Korea in October, capturing Pyongyang and advancing towards the Yalu River —the border with China. On 19 October,
2600-504: 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
2730-514: 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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#17328455162742860-490: 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
2990-526: 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
3120-493: 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
3250-839: 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
3380-684: 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
3510-654: The atomic bombing of Hiroshima . By 10 August, the Red Army had begun to occupy the north of Korea. On 10 August in Washington , US Colonels Dean Rusk and Charles H. Bonesteel III were assigned to divide Korea into Soviet and US occupation zones and proposed the 38th parallel as the dividing line. This was incorporated into the US General Order No. 1 , which responded to the Japanese surrender on 15 August. Explaining
3640-502: 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 is the name that appears on money, in treaties, and in legal cases to which
3770-677: 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
3900-639: The 38th parallel and establishing English as the official language during military control. On 8 September, US Lieutenant General John R. Hodge arrived in Incheon to accept the Japanese surrender south of the 38th parallel. Appointed as military governor, Hodge directly controlled South Korea as head of the United States Army Military Government in Korea (USAMGIK 1945–48). In December 1945, Korea
4030-515: The 38th parallel. Armistice negotiations began in July 1951, but dragged on as the fighting became a war of attrition and the north suffered heavy damage from U.S. bombing . Combat ended on 27 July 1953 with the signing of the Korean Armistice Agreement , which allowed the exchange of prisoners and created a 4-kilometre (2.5 mi) wide Demilitarized Zone (DMZ) along the frontline, with
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4160-832: 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
4290-670: The Chinese People's Volunteer Army (PVA) crossed the Yalu and entered the war on the side of the north. UN forces retreated from North Korea in December, following the PVA's first and second offensive . Communist forces captured Seoul again in January 1951 before losing it to a UN counter-offensive two months later. After an abortive Chinese spring offensive , UN forces retook territory roughly up to
4420-687: The Chinese Civil War, while US forces remained stationed in South Korea. By spring 1950, he believed that the strategic situation had changed: PLA forces under Mao Zedong had secured final victory, US forces had withdrawn from Korea, and the Soviets had detonated their first nuclear bomb , breaking the US monopoly. As the US had not directly intervened to stop the communists in China, Stalin calculated they would be even less willing to fight in Korea, which had less strategic significance. The Soviets had cracked
4550-687: The Chinese PLA during the war. North Korea also provided the Chinese Communists in Manchuria with a safe refuge for non-combatants and communications with the rest of China. The North Korean contributions to the Chinese Communist victory were not forgotten after the creation of the People's Republic of China (PRC) in 1949. As a token of gratitude, between 50,000 and 70,000 Korean veterans who served in
4680-633: 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
4810-576: 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";
4940-563: 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
5070-483: The Japanese bombing of civilians in mainland China in the late 1930s. In June 1938, US Secretary of State , Cordell Hull condemned the slaughter and its "material encouragement." A month later, the Department of State notified aircraft manufacturers and exporters that the US government was "strongly opposed" to the sale of airplanes and related materiel to nations using airplanes to attack civilian populations. Following
5200-474: The North. On 28 June, Rhee ordered the massacre of suspected political opponents in his own country. In five days, the ROK, which had 95,000 troops on 25 June, was down to less than 22,000 troops. In early July, when US forces arrived, what was left of the ROK was placed under US operational command of the United Nations Command . The Truman administration was unprepared for the invasion. Korea
5330-622: The PLA were sent back along with their weapons, and they later played a significant role in the initial invasion of South Korea. China promised to support the North Koreans in the event of a war against South Korea. By 1948, a North Korea-backed insurgency had broken out in the southern half of the peninsula. This was exacerbated by the undeclared border war between the Koreas, which saw division-level engagements and thousands of deaths on both sides. The ROK
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5460-825: 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,
5590-547: The ROK had 98,000 soldiers (65,000 combat, 33,000 support), no tanks (they had been requested from the U.S. military, but requests were denied), and a 22-plane air force comprising 12 liaison-type and 10 AT-6 advanced-trainer airplanes. Large U.S. garrisons and air forces were in Japan, but only 200–300 U.S. troops were in Korea. At dawn on 25 June 1950, the KPA crossed the 38th parallel behind artillery fire. It justified its assault with
5720-524: The ROK. The final stage would involve destroying South Korean government remnants and capturing the rest of South Korea, including the ports. On 7 June 1950, Kim called for a Korea-wide election on 5–8 August 1950 and a consultative conference in Haeju on 15–17 June. On 11 June, the North sent three diplomats to the South as a peace overture, which Rhee rejected outright. On 21 June, Kim revised his war plan to involve
5850-418: The ROKA launched a three-pronged assault on the insurgents in South Cholla and Taegu . By March 1950, the ROKA claimed 5,621 guerrillas killed or captured and 1,066 small arms seized. This operation crippled the insurgency. Soon after, North Korea made final attempts to keep the uprising active, sending battalion-sized units of infiltrators under the commands of Kim Sang-ho and Kim Moo-hyon. The first battalion
5980-439: 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
6110-426: The South Korean interior intensified; persistent operations, paired with worsening weather, denied the guerrillas sanctuary and wore away their fighting strength. North Korea responded by sending more troops to link up with insurgents and build more partisan cadres; North Korean infiltrators had reached 3,000 soldiers in 12 units by the start of 1950, but all were destroyed or scattered by the ROKA. On 1 October 1949,
6240-422: The South from 5,000 to 1,000. However, Kim Il Sung believed widespread uprisings had weakened the South Korean military and that a North Korean invasion would be welcomed by much of the South Korean population. Kim began seeking Stalin's support for an invasion in March 1949, traveling to Moscow to persuade him. Stalin initially did not think the time was right for a war in Korea. PLA forces were still embroiled in
6370-435: The South, armed by the U.S. military with mostly small arms, but no heavy weaponry. Several generals, such as Lee Kwon-mu , were PLA veterans born to ethnic Koreans in China. While older histories of the conflict often referred to these ethnic Korean PLA veterans as being sent from northern Korea to fight in the Chinese Civil War before being sent back, recent Chinese archival sources studied by Kim Donggill indicate that this
6500-617: The South. The ROK was being trained by the US Korean Military Advisory Group (KMAG). On the eve of the war, KMAG commander General William Lynn Roberts voiced utmost confidence in the ROK and boasted that any North Korean invasion would merely provide "target practice". For his part, Syngman Rhee repeatedly expressed his desire to conquer the North, including when US diplomat John Foster Dulles visited Korea on 18 June. Though some South Korean and US intelligence officers predicted an attack, similar predictions had been made before and nothing had happened. The Central Intelligence Agency noted
6630-592: The Soviet Union would not move against US forces in Korea. The Truman administration believed it could intervene in Korea without undermining its commitments elsewhere. On 25 June 1950, the United Nations Security Council unanimously condemned the North Korean invasion of South Korea with Resolution 82 . The Soviet Union, a veto-wielding power , had boycotted Council meetings since January 1950, protesting Taiwan 's occupation of China's permanent seat . The Security Council, on 27 June 1950, published Resolution 83 recommending member states provide military assistance to
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#17328455162746760-537: The Soviet bloc or to other countries that it felt, if permitted, would be detrimental to American foreign policy. The last motive became so strong that it brought legislation directing the president to enlist the co-operation of other nations in enacting controls on trade with the Soviet block to parallel those of the United States. The benefits of the various economic and military aid programs were to be withheld from non-cooperating nations. US government [REDACTED] [REDACTED] The federal government of
6890-416: 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
7020-417: 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
7150-428: The UK, and the US decided that "in due course, Korea shall become free and independent". At the Tehran Conference in 1943 and the Yalta Conference in February 1945, the Soviet Union promised to join its allies in the Pacific War within three months of the victory in Europe . Germany officially surrendered on 8 May 1945, and the USSR declared war on Japan and invaded Manchuria on 8 August 1945, two days after
7280-440: The US in 1949. With the end of the war with Japan , the Chinese Civil War resumed in earnest between the Communists and the Nationalist -led government. While the Communists were struggling for supremacy in Manchuria, they were supported by the North Korean government with matériel and manpower. According to Chinese sources, the North Koreans donated 2,000 railway cars worth of supplies while thousands of Koreans served in
7410-460: The USAMGIK declared martial law . Citing the inability of the Joint Commission to make progress, the US government decided to hold an election under UN auspices to create an independent Korea. The Soviet authorities and Korean communists refused to cooperate on the grounds it would not be fair, and many South Korean politicians boycotted it. The 1948 South Korean general election was held in May. The resultant South Korean government promulgated
7540-428: 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 the majority of the federal government is based. The U.S. federal government
7670-432: The United States as well as controls directed at conditions outside the country, as instruments of American foreign policy. That is exemplified by the restrictions on export of certain strategic or military items to the Soviet bloc or to other countries that it felt, if permitted, would be detrimental to US foreign policy during the Cold War . The foreign policy motive became so strong that it brought legislation directing
7800-445: 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
7930-420: The area to that end. The Truman administration still refrained from committing troops on the ground, because advisers believed the North Koreans could be stopped by air and naval power alone. The Truman administration was uncertain whether the attack was a ploy by the Soviet Union, or just a test of US resolve. The decision to commit ground troops became viable when a communiqué was received on 27 June indicating
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#17328455162748060-428: The area". As Rusk's comments indicate, the US doubted whether the Soviets would agree. Joseph Stalin , however, maintained his wartime policy of cooperation, and on 16 August, the Red Army halted at the 38th parallel for three weeks to await the arrival of US forces. On 7 September 1945, General Douglas MacArthur issued Proclamation No. 1 to the people of Korea, announcing US military control over Korea south of
8190-402: 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
8320-417: The border, starting in May 1949. Border clashes between South and North continued on 4 August 1949, when thousands of North Korean troops attacked South Korean troops occupying territory north of the 38th parallel. The 2nd and 18th ROK Infantry Regiments repulsed attacks in Kuksa-bong, and KPA troops were "completely routed". Border incidents decreased by the start of 1950. Meanwhile, counterinsurgencies in
8450-443: The border, these guerrillas launched an offensive in September aimed at undermining the South Korean government and preparing the country for the KPA's arrival in force. This offensive failed. However, the guerrillas were now entrenched in the Taebaek-san region of the North Gyeongsang Province and the border areas of the Gangwon Province . While the insurgency was ongoing, the ROKA and KPA engaged in battalion-sized battles along
8580-402: 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
8710-404: 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,
8840-487: The choice of the 38th parallel, Rusk observed, "Even though it was further north than could be realistically reached by U. S. [ sic ] forces in the event of Soviet disagreement ... we felt it important to include the capital of Korea in the area of responsibility of American troops". He noted that he was "faced with the scarcity of U.S. forces immediately available and time and space factors which would make it difficult to reach very far north before Soviet troops could enter
8970-434: The claim ROK troops attacked first and that the KPA were aiming to arrest and execute the "bandit traitor Syngman Rhee". Fighting began on the strategic Ongjin Peninsula in the west. There were initial South Korean claims that the 17th Regiment had counterattacked at Haeju; some scholars argue the claimed counterattack was instead the instigating attack, and therefore that the South Koreans may have fired first. However,
9100-466: The codes used by the US to communicate with their embassy in Moscow , and reading dispatches convinced Stalin that Korea did not have the importance to the US that would warrant a nuclear confrontation. Stalin began a more aggressive strategy in Asia based on these developments, including promising economic and military aid to China through the Sino-Soviet Treaty of Friendship, Alliance and Mutual Assistance . In April 1950, Stalin permitted Kim to attack
9230-412: The communist victory in the Chinese Civil War, ethnic Korean units in the PLA were sent to North Korea. In the fall of 1949, two PLA divisions composed mainly of Korean-Chinese troops (the 164th and 166th ) entered North Korea, followed by smaller units throughout the rest of 1949. The reinforcement of the KPA with PLA veterans continued into 1950, with the 156th Division and several other units of
9360-534: 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
9490-516: The country. The Provisional Government of the Republic of Korea was founded in 1919 in Nationalist China . It failed to achieve international recognition, failed to unite the nationalist groups, and had a fractious relationship with its US-based founding president, Syngman Rhee . From 1919 to 1925 and beyond, Korean communists led internal and external warfare against the Japanese. In China,
9620-512: The defense effort, and they were extended in 1942 to all commodities. Always intended to be temporary, the 1940 act was successfully extended in 1944, 1945, 1946, and 1947. After World War II, the Export Control Act was expanded to prevent the diversion of advanced technology to the Soviet bloc and China and, in later years, to alter the behavior of foreign countries. Scarcity of certain goods in
9750-484: The defense effort, its coverage was extended in 1942 to all commodities and broader geographic coverage after the United States entered World War II . The act was extended with modifications through 1948, and it was envisioned that remaining controls would soon disappear at the time of re-enactment in 1949. The scarcity of certain goods in the world markets, however, made the continuance of controls necessary to prevent
9880-552: The defense of Italy and Greece, and the country was first on the list of the National Security Council 's post-North Korea invasion list of "chief danger spots". Truman believed if aggression went unchecked, a chain reaction would start that would marginalize the UN and encourage communist aggression elsewhere. The UN Security Council approved the use of force to help the South Koreans, and the US immediately began using air and naval forces in
10010-509: The economic and military aid promised by the Soviets. Kathryn Weathersby cites Soviet documents which said Kim secured Mao's support. Along with Mark O'Neill, she says this accelerated Kim's war preparations. Chen Jian argues Mao never seriously challenged Kim's plans and Kim had every reason to inform Stalin that he had obtained Mao's support. Citing more recent scholarship, Zhao Suisheng contends Mao did not approve of Kim's war proposal and requested verification from Stalin, who did so via
10140-567: 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
10270-418: 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
10400-482: The exporting of aircraft parts, chemicals, and minerals without a license, and it was intended to induce Japan to curtail its occupation of the coast of Indochina . The text stated that whenever the President deemed it "necessary in the interest of national defense," he could prohibit or curtail the exportation of military equipment, munitions, tools, and materials. Although controls were first authorized in 1940 in regard to munitions and similar materials essential to
10530-447: The failure of diplomatic efforts to protect endangered American lives, rights, and economic interests in China, America considered commercial retaliation against Japan, Japanese authorities, or Japanese-sponsored agents in China. The American government felt that its 1911 commercial treaty with Japan was not affording an appropriate level of protection to US commerce in areas within or occupied by Japan. Simultaneously, Japan's position under
10660-455: 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 is based on the principles of federalism and republicanism , in which power
10790-510: The former Fourth Field Army arriving in February; the PLA 156th Division was reorganized as the KPA 7th Division. By mid-1950, between 50,000 and 70,000 former PLA troops had entered North Korea, forming a significant part of the KPA's strength on the eve of the war's beginning. The combat veterans and equipment from China, the tanks, artillery, and aircraft supplied by the Soviets, and rigorous training increased North Korea's military superiority over
10920-574: The government and between 2,976 and 3,392 deaths. By May 1949, both uprisings had been crushed. Insurgency reignited in the spring of 1949 when attacks by guerrillas in the mountainous regions (buttressed by army defectors and North Korean agents) increased. Insurgent activity peaked in late 1949 as the ROKA engaged so-called People's Guerrilla Units. Organized and armed by the North Korean government, and backed by 2,400 KPA commandos who had infiltrated through
11050-622: The government in the South, under the condition that Mao would agree to send reinforcements if needed. For Kim, this was the fulfillment of his goal to unite Korea. Stalin made it clear Soviet forces would not openly engage in combat, to avoid a direct war with the US Kim met with Mao in May 1950 and differing historical interpretations of the meeting have been put forward. According to Barbara Barnouin and Yu Changgeng, Mao agreed to support Kim despite concerns of American intervention, as China desperately needed
11180-618: The government. At 02:00 on 28 June the ROK blew up the Hangang Bridge across the Han River in an attempt to stop the KPA. The bridge was detonated while 4,000 refugees were crossing it, and hundreds were killed. Destroying the bridge trapped many ROK units north of the river. In spite of such desperate measures, Seoul fell that same day. Some South Korean National Assemblymen remained in Seoul when it fell, and 48 subsequently pledged allegiance to
11310-749: The influence of China over Korea in the First Sino-Japanese War (1894–95), ushering in the short-lived Korean Empire . A decade later, after defeating Imperial Russia in the Russo-Japanese War , Japan made the Korean Empire its protectorate with the Eulsa Treaty in 1905, then annexed it with the Japan–Korea Treaty of 1910 . The Korean Empire fell, and Korea was directly ruled by Japan between 1910–45. Many Korean nationalists fled
11440-854: The insurgent war and border clashes. The first socialist uprising occurred without direct North Korean participation, though the guerrillas still professed support for the northern government. Beginning in April 1948 on Jeju Island , the campaign saw arrests and repression by the South Korean government in the fight against the South Korean Labor Party, resulting in 30,000 violent deaths, among them 14,373 civilians, of whom ~2,000 were killed by rebels and ~12,000 by ROK security forces. The Yeosu–Suncheon rebellion overlapped with it, as several thousand army defectors waving red flags massacred right-leaning families. This resulted in another brutal suppression by
11570-493: The invasion force, the North had 114 fighters, 78 bombers, 105 T-34-85 tanks, and some 30,000 soldiers stationed in reserve in North Korea. Although each navy consisted of only several small warships, the North and South Korean navies fought in the war as seaborne artillery for their armies. In contrast, the South Korean population was estimated at 20 million, but its army was unprepared and ill-equipped. As of 25 June 1950,
11700-477: 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
11830-429: The most heavily bombed countries in history, and virtually all of Korea's major cities were destroyed. No peace treaty has been signed, making the war a frozen conflict . In South Korea, the war is usually referred to as the "625 War" ( 6·25 전쟁 ; 六二五戰爭 ), the "625 Upheaval" ( 6·25 동란 ; 六二五動亂 ; yugio dongnan ), or simply "625", reflecting the date of its commencement on 25 June. In North Korea,
11960-464: 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" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with
12090-473: 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
12220-541: The nationalist National Revolutionary Army and the communist People's Liberation Army (PLA) helped organize Korean refugees against the Japanese military, which had also occupied parts of China. The Nationalist-backed Koreans, led by Yi Pom-Sok , fought in the Burma campaign (1941-45). The communists, led by, among others, Kim Il Sung , fought the Japanese in Korea and Manchuria . At the Cairo Conference in 1943, China,
12350-696: 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
12480-403: 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
12610-464: The operation was conducted under the auspices of the UN. It has been sometimes referred to in the English-speaking world as "The Forgotten War" or "The Unknown War" because of the lack of public attention it received during and afterward, relative to the global scale of World War II, which preceded it, and the subsequent angst of the Vietnam War , which succeeded it. Imperial Japan diminished
12740-480: 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
12870-543: 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
13000-497: 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
13130-540: 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
13260-494: 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
13390-476: 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
13520-543: 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
13650-466: 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
13780-517: The president to enlist the co-operation of other nations in enacting controls on trade with the Soviet block to parallel those of the United States. The benefits of the various economic and military aid programs were to be withheld from nations unless they co-operated, as in the Mutual Defense Assistance Control Act of 1951 . The act was seen as a codified "moral embargo" in that it was an expression of moral outrage stemming from
13910-525: 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
14040-495: 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
14170-490: The report that contained the Haeju claim contained errors and outright falsehoods. KPA forces attacked all along the 38th parallel within an hour. The KPA had a combined arms force including tanks supported by heavy artillery. The ROK had no tanks, anti-tank weapons, or heavy artillery. The South Koreans committed their forces in a piecemeal fashion, and these were routed in a few days. On 27 June, Rhee evacuated Seoul with some of
14300-472: 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
14430-537: 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. Korean War Korean Demilitarized Zone established Together: 1,742,000 The Korean War (25 June 1950 – 27 July 1953)
14560-418: The security standpoint ( autarchy and self-sufficiency in strategic resources not available in sufficiently large quantities). They are both domestic policies aimed primarily at conditions within the United States, but controls are also directed at conditions outside the country as an instrument of US foreign policy . That is exemplified by the restrictions on the export of certain strategic or military items to
14690-494: The southward movement by the KPA but assessed this as a "defensive measure" and concluded an invasion was "unlikely". On 23 June UN observers inspected the border and did not detect that war was imminent. Chinese involvement was extensive from the beginning, building on previous collaboration between the Chinese and Korean communists during the Chinese Civil War. Throughout 1949 and 1950, the Soviets continued arming North Korea. After
14820-527: 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
14950-479: The term " Chosŏn War" ( Chinese : 朝鮮戰爭 ; pinyin : Cháoxiǎn Zhànzhēng ) is sometimes used unofficially. The term " Hán (Korean) War" ( Chinese : 韓戰 ; pinyin : Hán Zhàn ) is most used in Taiwan (Republic of China), Hong Kong and Macau . In the US, the war was initially described by President Harry S. Truman as a " police action " as the US never formally declared war on its opponents, and
15080-462: The treaty, as a most favoured nation , legally prevented the adoption of retaliatory measures against Japanese commerce. The United States gave its six months' notice of its withdrawal from the treaty in July 1939 and so removed the primary legal obstacle for embargo. The embargo, which halted the shipment of material such as airplanes, parts, machine tools, and aviation gasoline, was designed to be an unfriendly act. However, expanding it to include oil
15210-522: 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"
15340-508: 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
15470-510: 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
15600-557: The war is officially referred to as the Fatherland Liberation War ( Choguk haebang chŏnjaeng ) or the " Chosŏn [Korean] War" ( 조선전쟁 ; Chosŏn chŏnjaeng ). In mainland China, the segment of the war after the intervention of the People's Volunteer Army is commonly and officially known as the "Resisting America and Assisting Korea War" ( Chinese : 抗美援朝战争 ; pinyin : Kàngměi Yuáncháo Zhànzhēng ), although
15730-417: The world markets made the continuance of controls necessary to prevent a drain on such goods from plentiful American supplies, with its consequential inflationary influence. It was envisioned that remaining controls would soon disappear at the time of re-enactment in 1949, but national security and foreign policy, especially following the outbreak of the Korean War , were new and compelling reasons for extending
15860-597: Was administered by a US–Soviet Union Joint Commission , as agreed at the Moscow Conference , to grant independence after a five-year trusteeship. Waiting five years for independence was unpopular among Koreans, and riots broke out. To contain them, the USAMGIK banned strikes on 8 December and outlawed the PRK Revolutionary Government and People's Committees on 12 December. Following further civilian unrest,
15990-414: Was almost entirely trained and focused on counterinsurgency, rather than conventional warfare. They were equipped and advised by a force of a few hundred American officers, who were successful in helping the ROKA to subdue guerrillas and hold its own against North Korean military (Korean People's Army, KPA) forces along the 38th parallel. Approximately 8,000 South Korean soldiers and police officers died in
16120-532: Was an armed conflict on the Korean Peninsula fought between North Korea (Democratic People's Republic of Korea; DPRK) and South Korea (Republic of Korea; ROK) and their allies. North Korea was supported by the People's Republic of China and the Soviet Union , while South Korea was supported by the United Nations Command (UNC) led by the United States . The conflict was thus the first major proxy war of
16250-493: Was no US policy dealing with South Korea directly as a national interest, its proximity to Japan increased its importance. Said Kim: "The recognition that the security of Japan required a non-hostile Korea led directly to President Truman's decision to intervene ... The essential point ... is that the American response to the North Korean attack stemmed from considerations of U.S. policy toward Japan." Another consideration
16380-401: Was not included in the strategic Asian Defense Perimeter outlined by United States Secretary of State Dean Acheson . Military strategists were more concerned with the security of Europe against the Soviet Union than that of East Asia . The administration was worried a war in Korea could quickly escalate without American intervention. Diplomat John Foster Dulles stated: "To sit by while Korea
16510-770: Was not the case. Rather, the soldiers were indigenous to China, as part of China's longstanding ethnic Korean community, and were recruited to the PLA in the same way as any other Chinese citizen. According to the first official census in 1949, the population of North Korea numbered 9,620,000, and by mid-1950, North Korean forces numbered between 150,000 and 200,000 troops, organized into 10 infantry divisions, one tank division, and one air force division, with 210 fighter planes and 280 tanks, who captured scheduled objectives and territory, among them Kaesong, Chuncheon , Uijeongbu , and Ongjin. Their forces included 274 T-34-85 tanks, 200 artillery pieces, 110 attack bombers, 150 Yak fighter planes, and 35 reconnaissance aircraft. In addition to
16640-498: Was reduced to a single man over the course of engagements by the ROKA 8th Division . The second was annihilated by a two-battalion hammer-and-anvil maneuver by units of the ROKA 6th Division , resulting in a toll of 584 KPA guerrillas (480 killed, 104 captured) and 69 ROKA troops killed, plus 184 wounded. By the spring of 1950, guerrilla activity had mostly subsided; the border, too, was calm. By 1949, South Korean and US military actions had reduced indigenous communist guerrillas in
16770-476: Was specifically avoided. Since Japan was dependent on US oil, it was then thought that it would be a provocative step. The act was expanded in September of that year to include iron and steel scrap, an act that Japanese Ambassador Kensuke Horinouchi warned Hull on October 8, 1940, might be considered an "unfriendly act Controls were first authorized in 1940 in regard to munitions and similar materials essential to
16900-531: Was the Soviet reaction if the US intervened. The Truman administration was fearful a Korean war was a diversionary assault that would escalate to a general war in Europe once the US committed in Korea. At the same time, "[t]here was no suggestion from anyone that the United Nations or the United States could back away from [the conflict]". Yugoslavia —a possible Soviet target because of the Tito-Stalin split —was vital to
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