U.S. Federal Government

Federal State Definition

• A formula for statehood seeks to unite regions while preserving their independence.

Federal State Powers

• A Federal State has a central government with constitutional powers practiced across all regions.
• Each region maintains its own government, exercising constitutional powers specific to that region.

Federalism

• Federalism divides powers between a national government and state governments.

Powers Delegated to the National Government

• Declaring war, creating and maintaining armed forces, and establishing foreign policy.
• Regulating interstate and foreign trade, making copyright and patent laws, and establishing postal offices.
• Borrowing money, chartering banks, and coining money.

Powers Reserved to the States

• Establishing local governments, establishing and maintaining schools, and regulating trade within states.
• Raising taxes, providing for the public welfare, and criminal justice.
• Conducting elections and providing for public safety.

History of US Federal Government

• The United States federal government formed in the eighteenth century.
• The United States considered to be the first modern national federation.
• Over time, the power of the federal government has expanded.
• States' rights proponents have tried to limit federal power.

Methods of Federal Power Expansion

• Congress passes laws creating new government agencies
• Executive powers are exercised by the monarch or their representatives without new legislation
• Constitutional interpretation by the court

Government Structure

• The United States Constitution is the basis for government branches.
• Legislative Branch includes the House of Representatives and the Senate.
• The Judicial Branch includes the U.S. Supreme Court, U.S. Court of Appeals, and U.S. District Courts.
• The Executive Branch includes the President.

Legislative Branch - Powers

• Legislative, executive, and judicial are the three main powers.
• Federal legislative power is held by Congress, consisting of the Senate and the House.
• Each state has two senators, totaling 100, who serve six-year terms with staggered elections.
• The House of Representatives has 435 voting members.
• Each Representative serves for a two-year term.
• There are five non-voting members: four delegates and one resident commissioner.
• Representation includes one delegate each from the District of Columbia, Guam, Virgin Islands, and American Samoa.
• The resident commissioner is from Puerto Rico.
• House seats are apportioned among the states by population.

Senate vs House

Senate

• Status: Upper House
• Members: 100 (two per state)
• Term: 6 years
• Age Requirement: 30+ years
• Residency: Must live in the state at least 9 years
• Representation: Equal for all states
• Main powers include approving presidential appointments, treaties, and conducting impeachment trials, and working with the House to pass laws.

House of Representatives

• Status: Lower House
• Members: 435 (based on population)
• Term: 2 Years
• Age Requirement: 25+ years
• Residency: Must live in the state/district at least 7 years
• Representation: Proportional to population
• Main powers include initiating tax and spending laws, initiating impeachment process, and working with the Senate to pass laws.

Powers in Passing Legislation

• Both the House and Senate must provide consent for Presidential appointments.
• The House is responsible for introducing bills to raise revenue.
• Legislation requires consent from both chambers, and the President's signature to become law.
• If the President vetoes a bill, it can still become law if both houses of Congress re-pass it by a two-thirds majority.
• Congress's powers are limited to those in the Constitution; all other powers are reserved to the states and the people.
• The Constitution includes the "Necessary and Proper Clause," granting Congress the power to make laws necessary for executing its powers.

Necessary and Proper Clause

• Found in Article I, Section 8 of the Constitution.
• Grants Congress the power to make all Laws which shall be necessary.
• Laws are proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or any Department or Officer thereof

Process for Passing a Bill

• A bill is introduced in either the House or Senate.
• Both chambers must approve a final version of the bill.
• If either house edits the bill, it must return to the other house for approval.
• If the President signs the bill, it becomes law.
• If the President vetoes it, Congress can override the veto with a two-thirds majority in both houses.
• In the House (with 435 members), 290 votes are needed to override a veto.
• In the Senate (with 100 members), 67 votes are needed to override a veto.

Congressional Committees

• Each chamber of Congress is allowed to establish congressional committees by the constitution.
• Article I, Section 2, paragraph 2, allows each chamber to determine the rules of its proceedings.

Role of Committees

• Committees draft legislation.
• They conduct congressional investigations into national matters.
• The 108th Congress (2003–2005) had 19 standing committees in the House and 17 in the Senate.
• There are four joint permanent committees overseeing the Library of Congress, printing, taxation, and the economy.
• Each house may create special or select committees to study specific problems.

Federal Executive Branch Structure

• Limited to a maximum of two (four years) terms
• Head of state and government, military commander in chief, and chief diplomat
• The President must faithfully execute the laws, protect the Constitution, and preside over the executive branch and military personnel
• Authority to pass laws by signing. Veto laws.
• Can negotiate treaties with foreign nations.
• Can pardon federal offenses.
• Authority to enact executive orders.
• Appoints Supreme Court justices and federal judges with Senate consent.
• Impeachment can occur.

Impeachment

• A legislative body initiates charges against a public official for misconduct.
• Donald Trump was impeached in 2019 and 2021.
• The House impeached Trump on December 18, 2019, for abuse of power and obstructing Congress.
• The Senate acquitted Trump on both counts on February 5, 2020, and he remained in office.
• Trump was impeached a second time in 2021 after the January 6 Capitol attack.
• The Senate acquitted Trump again in February 2021 after he had left office.

Executive Branch - Cabinet & Agencies

• Federal executive departments are created by Congress to address national and international affairs.
• The President's Cabinet is a council of advisers consisting of the heads of 15 departments who are chosen and approved by Senate.
• Staff organizations grouped include the White House staff and the National Security Council.
• Also includes the Office of Management and Budget and the Council of Economic Advisers.
• Includes the Council on Environmental Quality, Office of the U.S. Trade Representative, Office of National Drug Control Policy, and Office of Science and Technology Policy.
• Federal civil servants work in these departments.

Federal Judicial Branch Structure

• The Supreme Court is the highest court in the federal court system.
• Made up of the Supreme Court, lower/inferior courts.

Court Structure

• 1 Supreme Court
• 2-13 courts of appeals
• 3-94 district courts
• 4- 2 courts of special jurisdiction

Congress Role in Judicial Branch

• Creates and retains Federal courts but not the Supreme Court.
• Congress determines the number of federal court judges.

US Federal Court System

• General jurisdiction court hears criminal and civil lawsuit among individuals at three levels.
• Specialized courts deal with subject-matter jurisdiction, such as Tax Court/Bankruptcy Court.
• Bankruptcy court judges do not have lifetime tenure

Supreme Court Jurisdiction & Adjudication

• Cases and controversies, and federal government matters.
• Disputes arise between states.
• The Supreme Court interprets the US Constitution.
• Supreme Court can declare executive action unconstitutional.
• Supreme Court can nullify laws, resulting in precedent.
• Precedent decisions set under Chief Justice Marshall
• Constitution does not explicitly state power to declare Congressional or executive actions as unconstitutional.

Supremacy Clause

• Article VI, Paragraph 2 establishes the Constitution and federal laws and treaties as "the supreme law of the land."
• This binds judges in every state, overriding any conflicting state laws or constitutions.
• There has been events in the past where such declaration have been ignored by the other two branches.

State, Tribal, and Local Governments

• The Tenth Amendment reserves powers not delegated to the United States to the states or the people.
• States can raise revenue through taxes or bonds, often leading to budget cuts during economic downturns because of a lack of printing currency.
• States handle issues most relevant to individuals.
• Each state has its own constitution, laws, and procedures, which differ significantly.
• Each has an elected state legislature and court system.
• Some states elect justices, while others appoint them.
• The Governor is the highest elected official of the state.
• The Mayor is the highest elected official of the town or city.

Worcester v. Georgia Case

• Indian tribe = domestic dependent nation

The Federal State (UAE)

• Before 1971, the Emirates was known as (trucial states)
• The Emirates had a treaty with Britain
• The United Arab Emirates was formally established on the Second of December 1971.
• The UAE Enjoys Sovereignty

UAE Constitution

• It's Fundamental Constituents and Aims
• The United Arab Emirates is an independent, sovereign, federal state.
• The members are Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwain, Fujairah, and Ras Al Khaimah.
• The Union shall exercise sovereignty matters assigned to it in accordance with the constitution.
• The Emirates shall exercise sovereignty in matters not assigned to the Union.
• The Union shall not cede its sovereignty over the territories or waters.

UAE Key Articles

• Article 116 The Emirates shall exercise all powers not assigned to the Union by this Constitution including benefiting from existence, services and protection.
• Article 120 The Union shall have exclusive legislative and executive Jurisdiction including foreign affairs and defense.
• Union exclusive legislative jurisdiction also covers labour relations, extradition of criminals, major legislation, procedures before the civil and criminal courts, printing and publishing and the import of arms

UAE - Union Authorities Structure

• Article 45 describes how the Union authorities consist of are the Supreme Council of the Union, the President and his Deputy, the Council of Ministers, also including the National Assembly and the Judiciary.
• Abu Dhabi is the capital of the UAE.

UAE Federal Supreme Council

• Article 46 - The Supreme Council of the Union consists of the rulers of all the Emirates and is the highest authority in the Union.
• Each Emirate has single vote
• The Supreme Council exercises formulation of general policy, sanction of union laws before their promulgation, and ratification of treaties and international agreements.
• It approves the appointment of the Chairman of the Council of Ministers and the President and Judges of the Supreme Court.
• The Supreme Council exercises supreme control over the affairs of the Union in general.

UAE - Council of Ministers

• Consists of the Prime Minister, his Deputy and a number of Ministers.
• These people before they can assume any responsibilities must take an oath.
• It initiates drafts of Federal Laws, draws up the annual general budget, and issues regulations necessary for the implementation of Union laws.

UAE - Federal National Council

• Consists of 40 members from the seven Emirates.
• Abu Dhabi and Dubai 8 seats
• Sharjah and Ras Al Khaimah 6 seats
• Ajman, Umm Al Quwain, and Fujairah 4 seats.
• A member of the Union National Assembly must be a citizen of one of the Emirates, be at least twenty-five years of age, and have adequate knowledge of reading and writing.
• Article 91 - The Government shall inform the Union Assembly of international treaties.

UAE - Federal Judiciary

• Article 94 - in performing their duties, judges shall be independent and shall not be subject to any authority but the law and their own conscience.
• Article 96 - The Union Supreme Court shall consist of a President and a number of judges, not exceeding five total.
• The jurisdiction of the Supreme Court includes various disputes and constitutional matters

UAE - Federal Judiciary Jurisdiction

• Includes examination of the constitutionality of Union laws and Legislations promulgated by one of the Emirates.

Government structures and processes within the United States. Includes legislative processes, representation in Congress, and the balance of power. Also covers executive power and constitutional clauses.