Government Branches & Powers

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Questions and Answers

How do the branches of the national government compete and cooperate in order to govern?

The branches compete and cooperate through checks and balances, shared powers, and the need to compromise on policy.

To what extent have changes in the powers of each branch affected how responsive and accountable the national government is in the 21st century?

Changes such as increased presidential power through executive orders and evolving congressional oversight have altered the responsiveness and accountability of the national government.

What is the number of members in each chamber of Congress?

House of Representatives: 435; Senate: 100

What is the minimum age to be a member of each chamber of Congress?

<p>House of Representatives: 25; Senate: 30</p> Signup and view all the answers

What is the citizenship requirement for each chamber of Congress?

<p>House of Representatives: 7 years U.S. Citizen; Senate: 9 years U.S. Citizen</p> Signup and view all the answers

What is the term length for each chamber of Congress?

<p>House of Representatives: 2 years; Senate: 6 years</p> Signup and view all the answers

How does the representation of each chamber differ?

<p>House of Representatives: District; Senate: Whole State</p> Signup and view all the answers

Where in the Constitution are the requirements for each chamber of Congress found?

<p>House of Representatives: Article I, Section 2; Senate: Article I, Section 3</p> Signup and view all the answers

Define Enumerated Powers.

<p>Specific powers granted to congress.</p> Signup and view all the answers

Define Implied Powers.

<p>Powers derived from enumerated powers and the necessary and proper clause. These powers are not stated specifically but are considered to be reasonably implied through the exercise of the delegated powers.</p> Signup and view all the answers

Where in the Constitution are the enumerated powers of Congress found?

<p>Article 1, section 8</p> Signup and view all the answers

Where in the Constitution are the implied powers of Congress found?

<p>Article 1, section 8, clause 18</p> Signup and view all the answers

List the ECONOMIC powers of Congress.

<p>Taxation, coinage of money, regulation of commerce</p> Signup and view all the answers

List the MILITARY powers of Congress

<p>Authority to provide for national defense</p> Signup and view all the answers

Explain why the Necessary and Proper Clause is used for addressing social and environmental issues.

<p>Because it is broadly interpreted, it allows the government to do almost anything that is not prohibited by the Constitution</p> Signup and view all the answers

Describe and explain how the House of Representatives and Senate each differs constitutionally in the policy-making process (what powers does one hold that the other does not?)

<p>House of Representatives: -Initiate revenue bills, -Impeachment power; Senate: -Advise and Consent power (Presidential appointment confirmations), -Ratify treaties, -Hold impeachment trial</p> Signup and view all the answers

What is the role of the Speaker of the House?

<p>-Primary leadership officer in the House, -Appoints members to the Rules Committee</p> Signup and view all the answers

What is the role of the Vice-President of the United States in the Senate?

<p>(Serves as President of the Senate), -Primary role is ceremonial, Does not attend Senate sessions, -Votes only in cases of a tie</p> Signup and view all the answers

What is the role of the Senate President Pro Tempore?

<p>(Serves as President of the Senate when the Vice-President is not present), -Customarily given to a senior member of the majority party in the Senate, -Traditional power intended for this role has been replaced by the Majority Leader</p> Signup and view all the answers

What is the role of the Majority and Minority Leaders?

<p>Leader-Leader of the Party...primed to take over as Speaker should party control change</p> Signup and view all the answers

What is the role of the Majority and Minority Whips?

<p>Helps with scheduling of votes and projected vote counts</p> Signup and view all the answers

What role do committee chairs have in the House and Senate?

<p>Run Committees</p> Signup and view all the answers

What is the role of Ranking Members of committees?

<p>Highest Minority Party Member on committees, primed to take over as committee chair</p> Signup and view all the answers

Define filibuster and its impact in the policy-making process.

<p>An attempt to defeat a bill in the Senate by talking indefinitely, thus preventing the Senate from taking action on the bill.</p> Signup and view all the answers

Define cloture and its impact in the policy-making process.

<p>Mechanism requiring 60 senators to vote to cut off debate; after a cloture motion has passed, members may spend no more than 30 additional hours debating the legislation at issue.</p> Signup and view all the answers

Define discharge petition and its impact in the policy-making process.

<p>A device by which any member of the House, after a committee has had a bill for thirty days, may petition to have it brought to the floor. If a majority of members agree, the bill is discharged for the committee.</p> Signup and view all the answers

What is the treat ratification power and the impact in the policy-making process?

<p>Senatorial power, to give consent to a treaty proposed by the president.</p> Signup and view all the answers

Define Confirmation of Judges and its impact in the policy-making process.

<p>The authority given by the U.S. Constitution to the Senate to ratify treaties and confirm presidential cabinet, ambassadorial, and judicial appointments.</p> Signup and view all the answers

Define Rules Committee and its impact in the policy-making process.

<p>The &quot;traffic cop&quot; of the House that sets the legislative calendar and issues rules for debate on a bill.</p> Signup and view all the answers

Define Discretionary Spending and describe the impact in the budgetary process.

<p>A spending category through which governments can spend through an appropriations bill.</p> Signup and view all the answers

Define Mandatory Spending and describe the impact in the budgetary process.

<p>Those areas of the federal budget that must be enacted each year by law and are not dependent on annual review by committees of Congress.</p> Signup and view all the answers

Define Pork Barrel Legislation and describe the impact in the budgetary process.

<p>Legislation that gives tangible benefits to constituents in several districts or states in the hopes of winning their votes in return.</p> Signup and view all the answers

Define Logrolling and describe the impact in the budgetary process.

<p>Vote trading; voting to support a colleague's bill in return for a promise of future support; often takes place on specialized bills targeting money or projects to selected congressional districts</p> Signup and view all the answers

Define Divided Government and explain how it influences congressional behavior.

<p>The political condition in which different political parties control the White House and Congress.</p> Signup and view all the answers

Define Partisan.

<p>Strong allegiance to one's own political party, often leading to unwillingness to compromise with members of the opposing party.</p> Signup and view all the answers

Define "Lame-Duck" President.

<p>A president whose successor has already been named</p> Signup and view all the answers

Define Trustee role and describe the different role as related to constitute accountability in each chamber.

<p>Role played by elected representatives who listen to the constituents' opinions and then use their best judgment to make final decisions.</p> Signup and view all the answers

Define Delegate.

<p>Someone who speaks or acts on behalf of an organization at a meeting or conference between organizations of the same level.</p> Signup and view all the answers

Define Politico.

<p>Role played by elected representatives who act as trustees or as delegates, depending on the issue.</p> Signup and view all the answers

Define Gerrymandering and describe the impact in the budgetary process.

<p>When districts have been drawn to the advantage of the dominant party in power in the legislature.</p> Signup and view all the answers

Define Redistricting.

<p>The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population</p> Signup and view all the answers

What was the brief description of the case and outcome for Baker v. Carr (1962)?

<p>Tennessee had been using same redistricting formula for over 50 years. Question arose as to whether federal courts could intervene in cases that involve state legislative redistricting. Supreme Court decides that yes federal courts can intervene to guarantee “one man, one vote&quot; No one voter should count more than another in a democracy.</p> Signup and view all the answers

What was the brief description of the case and outcome for Shaw v. Reno (1993)?

<p>North Carolina creates “majority-minority&quot; legislative districts. This plan is challenged and the Supreme Court rules that race can not be the sole factor that dictates how legislative districts are drawn.</p> Signup and view all the answers

What is the definition of Expressed/Enumerated powers?

<p>Powers explicitly given to Congress in the Constitution</p> Signup and view all the answers

What is a listing of Expressed/Enumerated powers?

<p>-powers to levy taxes, -power to regulate commerce and currency, -power to declare war and raise an army, -authority over the U.S. Navy, -power to allow foreigners to become citizens</p> Signup and view all the answers

What is the definition of Implied powers?

<p>Powers inferred from the express powers that allow Congress to carry out its functions</p> Signup and view all the answers

What is the definition of Concurrent (Shared Powers)?

<p>Powers held jointly by the national and state government</p> Signup and view all the answers

What is a listing of Concurrent (Shared Powers)

<p>Collect tax and borrow money, Set up court system, Create laws to maintain health, safety, and welfare, Set minimum wage, Charter banks</p> Signup and view all the answers

What is the definition of Reserved (State Powers)?

<p>Powers not specifically granted to the federal government or denied to the states belong to the states and the people</p> Signup and view all the answers

What is a listing of Reserved (State Powers)?

<p>Regulate trade, Marriage laws, Conduct elections, Establish local governments</p> Signup and view all the answers

Define grants.

<p>Programs through which Congress provides money to state and local governments on the</p> Signup and view all the answers

Define Incentives.

<p>An alternative to command-and-control, with market-like strategies such as rewards used to manage public policy</p> Signup and view all the answers

Define Categorical Grants.

<p>Federal grants that can be used only for specific purposes, or &quot;categories,&quot; of state and local spending. They come with strings attached, such as nondiscrimination provisions</p> Signup and view all the answers

Define Block Grants.

<p>Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services</p> Signup and view all the answers

Describe the 10th Amendment.

<p>Power reserved to the states</p> Signup and view all the answers

Describe the Commerce Clause.

<p>Gives Congress the power to regulate all business activities that cross state lines or affect more than one state or nation</p> Signup and view all the answers

Describe the Necessary and Proper Clause.

<p>Allows Congress to make all laws that are &quot;necessary and proper&quot; to carry out the powers of the Constitution.</p> Signup and view all the answers

What was the brief description of the case and outcome for McCulloch v. Maryland (1819)?

<p>Congress creates 2nd Bank of the U.S, Maryland imposes taxes on the 2nd Bank of the U.S., Bank cashier McCulloch refused to pay the tax, Did Congress have the authority to establish a bank?</p> Signup and view all the answers

What was the brief description of the case and outcome for United States v. Lopez (1995)?

<p>Congress passed the Gun Free School Zone Act, Lopez carried a gun on school grounds and was caught, He was charged locally and then federally under the GFSZA and local charges dropped, Is the Gun Free School Zone Act an unconstitutional violation of the commerce clause? Yes, possessing a gun in a school zone is a criminal act and not an act of commerce-criminal laws are specifically reserved for the states</p> Signup and view all the answers

Define Pocket-Veto.

<p>Occurs when the president does not sign a bill into law within 10 days of arriving on his desk AND if Congress has officially adjourned (but not simply recessed)</p> Signup and view all the answers

Define Executive Orders.

<p>Directive issued by the president to one or more agency or organization within the executive branch. This is an inherent power of the president that allows him or her to, as the Constitution directs, &quot;take care that the laws be faithfully executed&quot; (Article 2, Section 3)</p> Signup and view all the answers

Define Treaties .

<p>A formal agreement between two countries on a topic</p> Signup and view all the answers

Define Commander-in-Chief.

<p>Role of the president to serve as head of the armed forces</p> Signup and view all the answers

Define Executive Agreements.

<p>Agreement made by the President of the United States and another foreign head of the state that does not require a formal treaty and is not subject to Senate approval. This is and inherent power of the president in conducting foreign relations</p> Signup and view all the answers

Define Bargaining & Persuasion..

<p>The ability of the president to use the power of the office in order to get members of Congress to agree with him or her on legislative priorities</p> Signup and view all the answers

Define Signing Statements.

<p>An addition issued by the President that accompanies the signing of a law. These are often controversial because their legal status remains uncertain</p> Signup and view all the answers

Define Bureaucracy.

<p>A system of government in which most of the important decisions are made by state officials rather than by elected officials.</p> Signup and view all the answers

Define Patronage.

<p>A system of rewarding a person for supporting a candidate or party through various means including civil service jobs</p> Signup and view all the answers

Define Civil Service.

<p>A system of hiring and promotion based on the merit principle and the desire to create a non-partisan government service.</p> Signup and view all the answers

Define Power of the Purse.

<p>The influence that legislatures have over public policy because of their power to vote on money for public purposes.</p> Signup and view all the answers

The powers of Congress are set forth in Article _____ of the Constitution.

<p>I</p> Signup and view all the answers

Flashcards

Checks and Balances

Each branch of government can limit the power of the other two branches.

Key Institutions

Congress, the presidency, and the courts.

Judicial Review

The power of the courts to declare laws unconstitutional.

Bicameral

Congress is divided into two chambers: the Senate and the House of Representatives.

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Enumerated Powers

Powers specifically granted to Congress in the Constitution.

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Implied Powers

Powers derived from the enumerated powers and the Necessary and Proper Clause.

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Necessary and Proper Clause

Allows Congress to make laws necessary to carry out its enumerated powers.

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Speaker of the House

The primary leadership officer in the House of Representatives.

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Filibuster

An attempt to defeat a bill in the Senate by talking indefinitely.

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Cloture

Requires 60 senators to vote to cut off debate and end a filibuster.

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Divided Government

The political condition in which different political parties control the White House and Congress.

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Partisan

Strong allegiance to one's own political party.

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Redistricting

The redrawing of congressional and other legislative district lines following the census.

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Commerce Clause

Gives Congress the power to regulate all business activities that cross state lines.

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Executive Order

A directive issued by the president to one or more agency or organization within the executive branch.

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Study Notes

  • Power is widely distributed so institutional actors compete and cooperate to govern
  • Checks are in place to prevent one government branch from usurping powers from others

Key Institutions

  • Congress
  • The presidency
  • The courts
  • Bureaucracy implements policy
  • Bureaucracy is an extension of the executive branch
  • Bureaucracy is a fourth branch of government due to the discretion it exercises when implementing policy directives

Powers

  • The Constitution grants specific powers to Congress, the president, and the courts.
  • Each branch exercises informal powers developed through political practice, tradition, and legislation.
  • Checks and balances prevent any one branch from becoming too powerful.
  • Congress and the president may cooperate or compete in governance.
  • Congress's powers are in Article I.
  • Congress is bicameral, the Senate represents states and the House reflects each state’s population.
  • Congress makes laws covering a wide range of policy areas.
  • Each chamber has different responsibilities and rules.

Federal Budget

  • The federal budget exemplifies presidential and congressional cooperation and compromise.
  • Congress can develop and pass a budget, but the president usually proposes one, leading to debate.
  • Ideological differences make it difficult for Congress to pass legislation.
  • Congressional committees oversee the bureaucracy and ensure policies are carried out as intended.
  • The president's expressed powers in Article II.
  • The president has significant informal power that has grown over time.
  • Congress checks the president's power, causing tension in foreign and domestic affairs.
  • Congress passes laws, but the president must sign them.
  • The president appoints judges and cabinet members, which the Senate confirms.
  • The president oversees the bureaucracy.

Technology

  • Technology has impacted the president’s use of the “bully pulpit” to influence public opinion
  • The president uses social media to communicate views to a vast audience, press conferences, and the State of the Union message.
  • The federal bureaucracy uses a merit-based civil service system for all staff except top-level political appointees.
  • Bureaucrats implement policy using discretionary and rule-making authority
  • Congress and the president hold the bureaucracy accountable in policy implementation

Compete and Cooperation

  • National government branches compete and cooperate to govern
  • Changes in the powers of each branch affect how responsive and accountable the national government is in the 21st century

Big Idea 1

  • Republican ideal is visible in the structure/operation of the legislative branch

Congressional Requirements

House of Representatives Senate
Number of members 435 100
Minimum Age 25 30
Citizenship 7 years U.S. Citizen 9 years U.S.
Term Length 2 years 6 years
Representation differs District Whole State
Constitution article Article I, Section 2 Article I, S. 3

Powers of Congress

  • Enumerated powers are specific powers granted to congress.
  • Implied powers derive from enumerated powers and the necessary and proper clause.
  • Implied powers aren’t stated specifically, but are reasonably implied through delegated powers. Congress' Enumerated powers in Article 1, section 8.
  • The implied powers of Congress are in Article 1, section 8, clause 18.
  • Congress's Economic powers are taxation, coinage of money, regulation of commerce.
  • Congress's Military powers are the authority to provide for national defense.
  • The Necessary and Proper Clause allows the government to do almost anything not specifically prohibited based on broad interpretation.

Constitutional Differences

  • The House initiates revenue bills and possesses impeachment power.
  • The Senate has advise and consent power (Presidential appointment confirmations)
  • The Senate ratifies treatise
  • The Senate holds impeachment trials

US Senate and House of Representatives

  • The different structures, powers, and functions affect the policymaking process
  • Both chambers rely on committees to conduct hearings and debate bills under consideration, different constitutional responsibilities affect the policy-making process

Congressional Leadership

Leadership role House of Representatives Senate
Speaker of the House Primary leadership officer; appoints Rules Committee members; great power.
Vice-President of the U.S. Serves as President of the Senate; primarily ceremonial role; votes only to break a tie.
President Pro Tempore Serves as President of the Senate when the Vice-President is absent; senior majority member
Majority Majority Leader: Assists speaker, Majority whip helps schedule votes and project,Committee Chairs-Run Committees Majority Whip-Helps with scheduling of votes, Committee Chairs-Run Committees
Minority Leader-Leader of the Minority: Party primed to take speaker seat,Minority whip helps schedule votes and project,.Ranking Member-Highest Minority party member Leader Leader of the Minority, The speaker can also change the schedule, Minority whip helps schedule votes, Ranking Member-Highest Minority party member

Senate confirmation

  • Senate confirmation checks appointment powers, but a president's life-tenured judicial appointments have the longest lasting influence
  • Chamber-specific procedures, rules, and roles impact policymaking
Process Define Chamber(s)
Filibuster Talking indefinitely to defeat a bill and prevent Senate action. Senate
Cloture Requires 60 senators to cut off debate; members can spend 30 hours. Senate
Discharge A member can petition to bring a bill to the floor after 30 days. House
Treaty Senatorial power to consent to a treaty proposed by the president. Senate
Confirmation Senate authority to ratify and confirm presidential appointments. Senate
Rules Committee Sets the legislative calendar and issues rules for debate on a bill. House

Budgetary Process

Process Define
Discretionary A spending category governments can spend through an appropriations bill.
mandatory Federal budget areas are enacted by law and aren’t dependent on annual committee review
Pork Barrel Legislation gives tangible benefits to constituents in several districts or states in the hopes of winning votes.
Logrolling Vote trading; support a colleague's bill for a promise; often specialized bills target money/projects to selected districts
  • Congress generates a budget to addresses both discretionary and mandatory spending
  • Entitlement costs increase, discretionary spending decreases unless tax revenues increase or the budget deficit decreases

Congressional Behavior

  • Divided government is a political condition in which different political parties control the White House and Congress
  • Partisan is a strong allegiance to own political party, unwilling to compromise
  • Bi-Partisan is two political parties achieving a common goal
  • A "Lame-Duck" President is a president whose successor is named
Representative Definition Role
Trustee Elected representatives listen to constituents, best final decision. Both
Delegate Acts on behalf of an organization at a meeting/conference. The House
Politico Elected representatives act as trustees/delegates depending. This role affects Ideological divisions gridlock or compromise

Elections

  • Elections lead to divided government
  • Partisan votes opposed presidential initiatives
  • Congressional refusal to confirm “lame-duck” presidents.
  • Coalitions in Congress vary by term-length
  • Gerrymandering draws districts advantage to a dominant party

Redistricting

  • Redistricting redraws congressional/legislative district lines, following the census, to accommodate changes and maintaining districts as equal as possible.
Court Case Year Outcome Principles
Baker v. Carr 1962 federal courts intervene in state legislative districts Article III
Shaw v. Reno 1993 Race not a factor in legislative districts 14th Amendment

Gerrymandering

  • Gerrymandering, redistricting, and unequal constituents are addressed by Court decisions
  • Federalism reflects power dynamic between national and state governments.
National Shared State
Definition Congress powers in the Constitution National/State Power Belong to the states
Examples Levy taxes, Regulate commerce/currency,Declare war/raise,Navy Powers,Foreigner Power Collect tax/borrow, Set up court, Health/safety/welfare Laws, Set Wage, Charter banks trade,Marriage,Conduct, Local Government
Implied National powers inferred from the express powers, allowed by congress Not listed in the constitution. But they do exist

Grants

  • Grants- Congress programs to states/local for funds on a condition, ex, families
  • Incentives-Market-like strategies with strategic goals. Marijuana min wage
  • MandatesNational terms for americansWith Disabilities
  • Categorical- Grants or specific purposes with regulations. Head Start Program
  • Block grants. Supports the state of community program.Comm. Development Block Grant, Local Law

10th-14th Amendment

  • Federal aid programs give states freedom in social programs
  • National power balance is met
  • Welfare and laws support this.
  • Categorical- grants has state following regulations
  • States have guaranteed rights.Power reserved for the people like,10 states, Provides for federalism, General Idea
  • 14-Grant citizenship born, slavery banned

More balance of power

  • Commerce deals with business and nation over state.
  • Necesarry clause allows, most Clause. State and Nation must uphold
Case Year Outline Power
Mc Culloch Maryland 1819 Implies power, Banks need constition from US Elastic Claus
US v Lopez 1995 Passes guns restricted with commerce,reserved from states. Commerce,Elastic, 10 res.

Balance of Power

  • Governed has changed over time as written.
  • Supremem court dictates it's. Meaning.
  • Federalism is defined
  • Veto power Is to refuse approval. Bully- Is president orders to force laws
Order Informal/Formal Define Policy
Veto Formal refuse a measure Congressional Agreement
Pocket Formal 10 days on the desk, congress adjourns Public/becoming laws
Executive Informal Agencies within to execute Getting legislation supports
Treaties Formal Topic on 2 countries National power agreements
In chief Formal Served in armed forces Wide power military
Executive 2.0 Informal Foreign head, Senate approval doesnt Acting policy gets a foreign
barganing Informal Agree with legislative prioritize powers Get congress to say ok
Signings Informal additions issue law suits Interperted better

Presidential Roles and Powers

  • Justify themselves when crisis is perceived to increase ex-911.
  • Use powers from office to push forward their power and agenda
  • Follow perspectives to debate events
  • President orders often lead to conflict

Presidents vs tensions

  • Agendas cause a conflict frequently between the two branches.
  • Congress will check its power on an authorizartioon from the office of congress authority

Powers to avoid

  • Senators check cabinet orders they decline
  • Senators staff is to make changes that go away from opinions

Fed

  • Fed, strong leaders, power to the office in their opinion of authority
  • Fed 70 by Alexander strong role to the Office
  • Decisiev, action will result from his role. Pres requirements min age 35 , Us 14 resident ,4 Yr team ,All in article 2, Section 1

22 Amendment

  • Term restricted, Response increased after roles in checks.
  • Tech communication, changed from relationship to help from wider audience to the internet
  • TV helps communicate with the president better
  • Social media quick way to convey
  • Address major policy now which equals power

###Bureaucracy

  • Big Institution that is very powerful- Accountability:
  • Bureaucracy- Power doesnt come elected,rather its just the system
  • Job- Supporters campaign and means, ex the civil jobs

The following rules:

  • Merit-Promoting connection from skills that they are good at not other ties.
  • Civil service- Creating a sense of non partisan not creating ties.
  • The influence of legislatures power- Power being money in the right places.
  • Monitor the daily processes and make sure they good service and follow the rules

Bureaucracies-Tasks :

  • Regulations and power
  • Make changes or be strict via there power
  • Fines- another of governments power that go hand.In the hand
  • Inform Congress through its oversight function of the job that the government agency is doing
  • Iron triangles form mutually beneficial alliances between interest groups, bureaucracies, and Congress. Issue networks are looser policy networks that form between media pundits, experts in the field etc.
Department Duty or Goals Examples
Homeland Secure the borders and carry out mission through actions. Trump Border
Department of Transportation Fast transportation for everyone and convenient Check over Max
Veterans affairs Helps veterans and provide medical Trump Budget and increase for VA
Doeducation Global competiveness and equal ESSA
EPA Agency Heal hand environmental Trump reduce request
Federal Agency Commisiion fec Law voting Sn twitter
Sec Commission sect Stock regulated exhange Tweet by Elon

Important Power from Office is that follow there duties, that is discretionary:

  • Method and overseight power, by the power that committess hold.

Comittess make changes and hear the president is under control.

Responsibilites

Presidnet

  • Agencies are there ultimately
  • President make sure they do the job. Special powers power follows by law and they are accountable Laws and powers follow through with the use that are media, as well as legislative.

Powers

Agencies and law and follow and treaties for help from law Also they may express the power from office as well a judicial power These rules and are for helping and following there powers to power to help in law enforcement There may be no ties for everything and may cause conflict, especially when the president and congress in law.

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