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The method of electing the president is peculiar to the American system.
Although the names of the candidates appear on the ballots, technically the
people of each state do not vote directly for the president (and vice
president). Instead, they select a slate of presidential electors, equal to
the number of senators and representatives each state has in Congress. The
candidate with the highest number of votes in each state wins all the
electoral votes of that state.
The electors of all 50 states and the District of Columbia—a total of
538 persons—compose what is known as the Electoral College. Under the terms
of the Constitution, the College never meets as a body. Instead, the
electors gather in the state capitals shortly after the election and cast
their votes for the candidate with the largest number of popular votes in
their respective states. To be successful, a candidate for the presidency
must receive 270 votes. The Constitution stipulates that if no candidate
has a majority, the decision shall be made by the House of Representatives, with all members from a state voting as a unit. In this event, each state
and the District of Columbia would be allotted one vote only.
The presidential term of four years begins on January 20 (it was changed
from March by the 20th Amendment, ratified in 1933) following a November
election. The president starts his or her official duties with an
inauguration ceremony, traditionally held on the steps of the U.S. Capitol, where Congress meets'. The president publicly takes an oath of office, which is traditionally administered by the chief justice of the United
States. The words are prescribed in Article II of the Constitution:
/ do solemnly swear (or affirm) that I will faithfully execute the
office of President of the United States, and will to the best of my
ability, preserve, protect and defend the Constitution of the United
States.
The oath-taking ceremony is usually followed by an inaugural address in which the new president outlines the policies and plans of his or her administration.
PRESIDENTIAL POWERS
The office of President of the United States is one of the most powerful in
the world. The president, the Constitution says, must "take care that the
laws be faithfully executed." To carry out this responsibility, he or she
presides over the executive branch of the federal government—a vast
organization numbering several million people—and in addition has important
legislative and judicial powers.
LEGILATIVE POWERS
Despite the Constitutional provision that "all legislative powers" shall be
vested in the Congress, the president, as the chief formulator of public
policy, has a major legislative role. The president can veto any bill
passed by Congress and, unless two-thirds in each house vote to override
the veto, the bill does not become law. Much of the legislation dealt with
by Congress is drafted at the initiative of the executive branch. In an
annual and special messages to Congress, the president may propose
legislation he or she believes is necessary. If Congress should adjourn
without acting on those proposals, the president has the power to call it
into special session. But, beyond all this, the president, as head of a
political party and as principal executive officer of the U.S. government, is in a position to influence public opinion and thereby to influence the
course of legislation in Congress. To improve their working relationships
with Congress, presidents in recent years have set up a Congressional
Liaison Office in the White House. Presidential aides keep abreast of all
important legislative activities and try to persuade senators and
representatives of both parties to support administration policies.
JUDICIAL POWERS
Among the president's constitutional powers is that of appointing important
public officials; presidential nomination of federal judges, including
members of the Supreme Court, is subject to confirmation by the Senate.
Another significant power is that of granting a full or conditional pardon
to anyone convicted of breaking a federal law—except in a case of
impeachment. The pardoning power has come to embrace the power to shorten
prison terms and reduce fines.
EXECUTIVE POWERS
Within the executive branch itself, the president has broad powers to
manage national affairs and the workings of the federal government. The
president can issue rules, regulations and instructions called executive
orders, which have the binding force of law upon federal agencies. As
commander-in-chief of the armed forces of the United States, the president
may also call into federal service the state units of the National Guard.
In times of war or national emergency, the Congress may grant the president
even broader powers to manage the national economy and protect the security
of the United States.
The president chooses the heads of all executive departments and
agencies, together with hundreds of other high-ranking federal officials.
The large majority of federal workers, however, are selected through the
Civil Service system, in which appointment and promotion are based on
ability and experience
POWERS IN FOREIGN AFFAIRS
Under the Constitution, the president is the federal official primarily
responsible for the relations of the United States with foreign nations.
Presidents appoint ambassadors, ministers and consuls—subject to
confirmation by the Senate—and receive foreign ambassadors and other public
officials. With the secretary of state, the president manages all official
contacts with foreign governments. On occasion, the president may
personally participate in summit conferences where chiefs of state meet for
direct consultation. Thus, President Woodrow Wilson headed the American
delegation to the Paris conference
at the end of World War I; President Franklin D. Roosevelt conferred with
Allied leaders at sea, in Africa and in Asia during World War II; and every
president since Roosevelt has met with world statesmen to discuss economic
and political issues, and to reach bilateral and multilateral agreements.
Through the Department of State, the president is responsible for the
protection of Americans abroad and of foreign nationals in the United
States. Presidents decide whether to recognize new nations and new
governments, and negotiate treaties with other nations, which are binding
on the United States when approved by two-thirds of the Senate. The
president may also negotiate "executive agreements" with foreign powers
that are not subject to Senate confirmation.
CONSTRAINTS ON PRESIDENTIAL POWER
Because of the vast array of presidential roles and responsibilities, coupled with a conspicuous presence on the national and international
scene, political analysts have tended to place great emphasis on the
president's powers. Some have even spoken of the "the imperial presidency,"
referring to the expanded role of the office that Franklin D. Roosevelt
maintained during his term.
One of the first sobering realities a new president discovers is an inherited bureaucratic structure which is difficult to manage and slow to change direction. Power to appoint ex- ' tends only to some 3,000 people out of a civilian government ' work force of more than three million, most of whom are protected in their jobs by Civil Service regulations.
The president finds that the machinery of government operates pretty
much independently of presidential interventions, has done so through
earlier administrations, and will continue to do so in the future. New
presidents are immediately confronted with a backlog of decisions from the
outgoing administration on issues that are often complex and unfamiliar.
They inherit a budget formulated and enacted into law long before they came
to office, as well as major spending programs (such as veterans' benefits.
Social Security payments and Medicare for the elderly), which are mandated
by law and not subject to influence. In foreign affairs, presidents must
conform with treaties and informal agreements negotiated by their
predecessors.
The happy euphoria of the post-election "honeymoon" quickly dissipates, and the new president discovers that Congress has become less cooperative and the media more critical. The president is forced to build at least temporary alliances among diverse, often antagonistic interests—economic, geographic, ethnic and ideological. Compromises with Congress must be struck if any legislation is to be adopted. "It is very easy to defeat a bill in Congress," lamented President John F. Kennedy. "It is much more difficult to pass one."
Despite these burdensome constraints, few presidents have turned down the chance to run for a second term of office. Every president achieves at least some of his legislative goals and prevents by veto the enactment of other laws he believes not to be in the nation's best interests. The president's authority in the conduct of war and peace, including the negotiation of treaties, is substantial. Moreover, the president can use his unique position to articulate ideas and advocate policies, which then have a better chance of entering the public consciousness than those held by his political rivals. When a president raises an issue, it inevitably becomes subject to public debate. A president's power and influence may be limited, but they are also greater than those of any other American, in or out of office.
THE EXECUTIVE DEPARTMENTS
The day-to-day enforcement and administration of federal laws is in the
hands of the various executive departments, created by Congress to deal
with specific areas of national and international affairs. The heads of the
departments, chosen by the president and approved by the Senate, form a
council of advisers generally known as the president's "Cabinet." In
addition to 14 departments, there are a number of staff organizations
grouped into the Executive Office of the President. These include the White
House staff, the National Security Council, the Office of Management and
Budget, the Council of Economic Advisers, the Office of the U.S. Trade
Representative, and the Office of Science and Technology.
The Constitution makes no provision for a presidential Cabinet. It does provide that the president may ask opinions, in writing, from the principal officer in each of the executive departments on any subject in their area of responsibility, but it does not name the departments nor describe their duties. Similarly, there are no specific constitutional qualifications for service in the Cabinet.
The Cabinet developed outside the Constitution as a matter of
practical necessity, for even in George Washington's day it was an absolute
impossibility for the president to discharge his duties without advice and
assistance. Cabinets are what any particular president makes them. Some
presidents have relied heavily on them for advice, others lightly, and some
few have largely ignored them. Whether or not Cabinet members act as
advisers, they retain the responsibility for directing the activities of
the government in specific areas of concern.
Each department has thousands of employees, with offices throughout the
country as well as in Washington. The departments are divided into
divisions, bureaus, offices and services, each with specific duties.
|THE CABINET |
|(All departments are headed by a secretary, except the Justice Department, |
|which is headed by the attorney general.) |
|THE DEPARTMENT OF AGRICULTURE: |Created in 1862 |
|THE DEPARTMENT OF COMMERCE: |Created in 1903. The Department of |
| |Commerce and Labor split into two |
| |separate departments in 1913. |
|THE DEPARTMENT OF DEFENSE: |Amalgamated in 1947. The Department of |
| |Defense was established by combining, |
| |the Department of War (established in |
| |1789), the Department of the Navy |
| |(established in 1798) and the |
| |Department of the Air Force |
| |(established in 1947). Although the |
| |secretary of defense is a member of the|
| |Cabinet, the secretaries of the Army, |
| |Navy and Air Force are not. |
|THE DEPARTMENT OF EDUCATION: |Created in 1979. Formerly part of the |
| |Department of Health, Education and |
| |Welfare. |
|THE DEPARTMENT OF ENERGY: |Created in 1977. |
|THE DEPARTMENT OF HEALTH AND HUMAN |Created in 1979, when the Department of|
|SERVICES: |Health, Education and Welfare (created |
| |in 1953) was split into separate |
| |entities. |
|THE DEPARTMENT OF HOUSING AND URBAN|Created in 1965. |
|DEVELOPMENT: | |
|THE DEPARTMENT OF THE INTERIOR: |Created in 1849 |
|THE DEPARTMENT OF JUSTICE: |Created in 1870. Between 1789 and 1870,|
| |the attorney general was a member of |
| |the Cabinet, but not the head of a |
| |department. |
|THE DEPARTMENT OF LABOR: |Created in 1913 |
|THE DEPARTMENT OF STATE: |Created in 1789. |
|THE DEPARTMENT OF TRANSPORTATION: |Created in 1966. |
|THE DEPARTMENT OF THE TREASURY: |Created in 1789 |
|THE DEPARTMENT OF VETERANS AFFAIRS:|Created in 1988. Formerly the Veterans |
| |Administration, now elevated to Cabinet|
| |level |
DEPARTAMENT OF AGRICULTURE
The Department of Agriculture (USDA) supervises agricultural production to
ensure fair prices and stable markets for producers and consumers, works to
improve and maintain farm income, and helps to develop and expand markets
abroad for agricultural products. The department attempts to curb poverty, hunger and malnutrition by issuing food stamps to the poor; sponsoring
educational programs on nutrition; and administering other food assistance
programs, primarily for children, expectant mothers and the elderly. It
maintains production capacity by helping landowners protect the soil, water, forests and other natural resources. USDA administers rural
development, credit and conservation programs that are designed to
implement national growth policies, and conducts scientific and
technological research in all areas of agriculture. Through its inspection
and grading services, USDA ensures standards of quality in food offered for
sale. The department also promotes agricultural research by maintaining the
National Agricultural Library, the second largest government library in the
world. (The U.S. Library of Congress is first.) The USDA Foreign
Agricultural Service (FAS) serves as an export promotion and service agency
for U.S. agriculture, employing specialists abroad who make surveys of
foreign agriculture for U.S. farm and business interests. The U.S. Forest
Service, also part of the department, administers an extensive network of
national forests and wilderness areas.
DEPARTAMENT OF COMMERCE
The Department of Commerce serves to promote the nation's international
trade, economic growth and technological advancement. It offers assistance
and information to increase America's competitiveness in the world economy;
administers programs to prevent unfair foreign trade competition; and
provides social and economic statistics and analyses for business and
government planners. The department comprises a diverse array of agencies.
The National Bureau of Standards, for example, conducts scientific and
technical research, and maintains physical measurement systems for industry
and government. The National Oceanic and Atmospheric Administration (NOAA), which includes the National Weather Service, works to improve understanding
of the physical environment and oceanic resources. The Patent and Trademark
Office grants patents and registers trademarks. The department also
conducts research and develops policy on telecommunications; promotes
domestic economic development and foreign travel to the United States; and
assists in the growth of businesses owned and operated by minorities.
DEPARTAMENT OF DEFENCE
Headquartered in the Pentagon, the "world's largest office building," the
Department of Defense (DOD) is responsible for all matters relating to the
nation's military security. It provides the military forces of the United
States, which consist of about two million men and women on active duty.
They are backed, in case of emergency, by 2.5 million members of state
reserve components, known as the National Guard. In addition, about one
million civilian employees serve in the Defense Department in such areas as
research, intelligence communications, mapping and international security
affairs. The National Security Agency (NSA) also comes under the direction
of the secretary of defense. The department directs the separately
organized military departments of the Army, Navy, Marine Corps and Air
Force, as well as each service academy and the National War College, the
Joint Chiefs of Staff and several specialized combat commands. DOD
maintains forces overseas to meet treaty commitments, to protect the
nation's outlying territories and commerce, and to provide air combat and
support forces. Nonmilitary responsibilities include flood control, development of oceanographic resources and management of oil reserves.
DEPARTAMENT OF EDUCATION
The Department of Education absorbed most of the education programs
previously conducted by the Department of Health, Education and Welfare, as
well as programs that had been handled by six other agencies. The
department establishes policy for and administers more than 150 federal aid-
to-education programs, including student loan programs, programs for
migrant workers, vocational programs, and special programs for the
handicapped. The Department of Education also partially supports the
American Printing House for the Blind; Gallaudet University, established to
provide a liberal higher education for deaf persons; the National Technical
Institute for the Deaf, part of the Rochester (New York) Institute of
Technology, designed to educate deaf students within a college campus, but
planned primarily for hearing students; and Howard University in
Washington, D.C., a comprehensive university which accepts students of all
races, but concentrates on educating black Americans.
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