Правительство Соединенных Штатов - (реферат)

the national science foundation was created to strengthen basic research and education in the sciences in the United States. It grants funds for research and education programs to universities and other institutions, and coordinates the science information activities of the federal government. the office of national drug control policy, created in 1988 to raise the profile of the U. S. government's fight against illegal drugs, coordinates efforts of such agencies as the U. S. Drug Enforcement Administration, the Customs Service and the Coast Guard. THE OFFICE OF PERSONNEL MANAGEMENTin 1979 assumed functions of the Civil Service Commission, which was created in 1883 to establish a merit system for government service and to eliminate politics from public appointments. The agency holds competitive examinations across the country to select qualified workers for over three million government posts. It also sponsors training programs to increase the effectiveness of government employees.

the peace corps, founded in 1961, trains volunteers to serve in foreign countries for two years. Peace Corps volunteers, now working in more than 60 nations, assist in agricultural-rural development, small business, health, natural resources conservation and education. THE SECURITIES AND EXCHANGE COMMISSION was established to protect investors who buy stocks and bonds. Federal laws require companies that plan to raise money by selling their own securities to file facts about their operations with the commission. The commission has powers to prevent or punish fraud in the sale of securities, and is authorized to regulate stock exchanges.

the small business administration lends money to small businesses, aids victims of floods and other natural disasters, and helps secure contracts for small businesses to supply goods and services to the federal government.

THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT (USAID) carries out economic assistance programs designed to help the people in developing countries develop their human and economic resources, increase their productive capacities, and improve the quality of human life. The USAID administrator also serves as director of the U. S. International Development Cooperation Agency, which serves as the focal point for U. S. participation in such organizations as the UN Children's Fund (UNICEF), the Organization of American States (OAS) Technical Assistance Funds program, the World Bank Group, and along with the Department of Agriculture, the Food for Peace Program. THE UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY is responsible for U. S. participation in international negotiations on arms limitation and disarmament. It represents the United States on international arms control commissions and supports research on arms control and disarmament. THE UNITED STATES INFORMATION AGENCY (USIA)seeks to promote better understanding of the United States in other countries through the dissemination abroad of information about the nation, its people, culture and policies. USIA also administers a number of two-way educational and cultural exchange programs, such as the Fulbright Program, with foreign nations. It provides assistance to foreign press and television journalists covering the United States. The Agency also advises the president and the various departments of the government on foreign opinion concerning U. S. policies and programs. the united states postal serviceis operated by an autonomous public corporation that replaced the Post Office Department in 1971. The Postal Service is responsible for the collection, transportation and delivery of the mails, and for the operation of thousands of local post offices across the country. It also provides international mail service through the Universal Postal Union and other agreements with foreign countries. An independent Postal Rate Commission, also created in 1971, sets the rates for different classes of mail.

    THE LEGISLATIVE BRANCH
    A BICAMERAL CONGRESS

Article I of the Constitution grants all legislative powers of the federal government to a Congress divided into two chambers. a Senate and a House of Representatives. The Senate, the smaller of the two, is composed of two members for each state as provided by the Constitution, Membership in the House is based on population and its size is therefore not specified in the Constitution.

For more than 100 years after the adoption of the Constitution, senators were not elected by direct vote of the people but were chosen by state legislatures. Senators were looked on as representatives of their home states. Their duty was to ensure that their states were treated equally in all legislation. The 17th Amendment, adopted in 1913, provided for direct election of the Senate.

The delegates to the Constitutional Convention reasoned that if two separate groups—one representing state governments and one representing the people—must both approve every proposed law, there would be little danger of Congress passing laws hurriedly or carelessly. One house could always check the other in the manner of the British Parliament. Passage of the 17th Amendment did not substantially alter this balance of power between the two houses.

While there was intense debate in the Convention over the makeup and powers of Congress, many delegates believed that the legislative branch would be relatively unimportant. A few believed that the Congress would concern itself largely with external affairs, leaving domestic matters to state and local governments. These views were clearly wide of the mark. The Congress has proved to be exceedingly active, with broad powers and authority in all matters of national concern. While its strength vis-a-vis the executive branch has waxed and waned at different periods of American history, the Congress has never been impotent or a rubber stamp for presidential decisions.

    QUALIFICATIONS OF MEMBERS OF CONCRESS

The Constitution requires that U. S. senators must be at least 30 years of age, citizens of the United States for at least nine years, and residents of the states from which they are elected. Members of the House of Representatives must be at least 25, citizens for seven years, and residents of the states which send them to Congress. The states may set additional requirements for election to Congress, but the Constitution gives each house the power to determine the qualifications of its members. Each state is entitled to two senators. Thus, Rhode Island, the smallest state, with an area of about 3, 156 square kilometers has the same senatorial representation as Alaska, the biggest state, with an area of some 1, 524, 640 square kilometers. Wyoming, with 490, 000 persons in 1987, has representation equal to that of California, with its 1987 population of 27, 663, 000. The total number of members of the House of Representatives has been determined by Congress. That number is then divided among the states according to their populations. Regardless of its population, every state is constitutionally guaranteed at least one member of the House of Representatives. At present, six states—Alaska, Delaware, North Dakota, South Dakota, Vermont and Wyoming—have only one representative. On the other hand, six states have more than 20 representatives—California alone has 45. The Constitution provides for a national census each 10 years and a redistribution of House seats according to population shifts. Under the original constitutional provision, the number of representatives was to be no more than one for each 30, 000 citizens. There were 65 members in the first House, and the number was increased to 106 after the first census. Had the one-to-30, 000 formula been adhered to permanently, population growth in the United States would have brought the total number of representatives to about 7, 000. Instead, the formula has been adjusted over the years, and today the House is composed of 435 members, roughly one for each 530, 000 persons in the United States.

State legislatures divide the states into congressional districts, which must be substantially equal in population. Every two years, the voters of each district choose a representative for Congress. Senators are chosen in statewide elections held in even-numbered years. The senatorial term is six years, and every two years one-third of the Senate stands for election. Hence, two-thirds of the senators are always persons with some legislative experience at the national level.

It is theoretically possible for the House to be composed entirely of legislative novices. In practice, however, most members are reelected several times and the House, like the Senate, can always count on a core group of experienced legislators.

Since members of the House serve two-year terms, the life of a Congress is considered to be two years. The 20th Amendment provides that the Congress will meet in regular session each January 3, unless Congress fixes a different date. The Congress remains in session until its members vote to adjourn—usually late in the year. The president may call a special session when he or she thinks it necessary. Sessions are held in the Capitol in Washington, D. C.

    POWERS OF THE HOUSE AND SENATE

Each house of Congress has the power to introduce legislation on any subject except revenue bills, which must originate in the House of Representatives. The large states may thus appear to have more influence over the public purse than the small states. In practice, however, each house can vote against legislation passed by the other house. The Senate may disapprove a House revenue bill—or any bill, for that matter—or add amendments which change its nature. In that event, a conference committee made up of members from both houses must work out a compromise acceptable to both sides before the bill becomes law.

The Senate also has certain powers especially reserved to that body, including the authority to confirm presidential appointments of high officials and ambassadors of the federal government as well as authority to ratify all treaties by a two-thirds vote. Unfavorable action in either instance nullifies executive action.

In the case of impeachment of federal officials, the House has the sole right to bring charges of misconduct that can lead to an impeachment trial. The Senate has the sole power to try impeachment cases and to find officials guilty or not guilty. A finding of guilt results in the removal of the federal official from public office.

The broad powers of the whole Congress are spelled out in the eighth section of the first article of the Constitution:

    — to levy and collect taxes;
    — to borrow money for the public treasury;

—to make rules and regulations governing commerce among the states and with foreign countries;

— to make uniform rules for the naturalization of foreign citizens; — to coin money, state its value, and provide for the punishment of counterfeiters; — to set the standards for weights and measures;

    — to establish bankruptcy laws for the country as a whole;
    — to establish post offices and post roads;
    — to issue patents and copyrights;
    — to set up a system of federal courts;
    — to punish piracy;
    — to declare war;
    — to raise and support armies;
    — to provide for a navy;

—to call out the militia to enforce federal laws, suppress lawlessness or repel invasions by foreign powers;

    — to make all laws for the District of Columbia; and
    — to make all laws necessary to enforce the Constitution.

A few of these powers are now outdated—the District of Columbia today is largely self-governing—but they remain in effect. The 10th Amendment sets definite limits on congressional authority, by providing that powers not delegated to the national government are reserved to the states or to the people. In addition, the Constitution specifically forbids certain acts by Congress. It may not:

— suspend the writ of habeas corpus, unless necessary in time of rebellion or invasion; — pass laws which condemn persons for crimes or unlawful acts without a trial; — pass any law which retroactively makes a specific act a crime; — levy direct taxes on citizens, except on the basis of a census already taken; — tax exports from any one state;

—give specially favorable treatment in commerce or taxation to the seaports of any state or to the vessels using them; and

    — authorize any titles of nobility.
    LITTLE LEGISLATURES

A congressman once observed that "Congress is a collection of committees that come together in a chamber periodically to approve one another's actions. " That statement correctly identifies the standing and permanent committees that are the nerve centers of the U. S. Congress. In a recent two-year session of Congress, for example, members proposed a total of I], 602 bills in the House and 4, 080 in the Senate. For each of these bills, the committees responsible had to study, weigh arguments [or and against, hear witnesses and debate changes, before the bills ever reached the House or Senate floors. Out of almost ] 5, 000 measures introduced, only 664—fewer than six percent—were enacted into law. The Constitution does not specifically call for congressional committees. As the nation grew, however, so did the need for investigating pending legislation more thoroughly. The committee system began in 1789, when House members found themselves bogged down in endless discussions of proposed new laws. The first committees dealt with Revolutionary War claims, post roads and territories, and trade with other countries. Throughout the years, committees have formed and disbanded in response to political, social and economic changes. For example, there is no longer any need for a Revolutionary War claims committee, but both houses of Congress have a Veterans' Affairs committee.

Today, there are 22 standing committees in the House and 16 in the Senate, plus four joint permanent committees with members from both houses: Library of Congress, printing, taxation and economics. In addition, each house can name special, or select, committees to study specific problems: Because of an increase in workload, the standing committees have also spawned some 300 subcommittees. Almost 25, 000 persons help with research, information-gathering and analyses of problems and programs in Congress. Recently, during one week of hearings, committee and subcommittee members discussed topics ranging from financing of television broadcasting to the safety of nuclear plants to international commodity agreements. And what do ail these "little legislatures" actually do? After all the facts are gathered, the committee decides whether to report a new bill favorably or with a recommendation that it be passed with amendments. Sometimes, the bill will be set aside, or tabled, which effectively ends its consideration. When bills are reported out of committee and passed by the full House or Senate, however, another committee goes into action, ironing out any differences between the House and Senate versions of the same bill. This "conference committee, " consisting of members of both houses, completes a bill to all members' satisfaction, then sends it to the House and Senate floors for final discussion and a vote. If passed, the bill goes to the president for his signature.

Congressional committees are vital because they do the nuts-and-bolts job of weighing the proposals, hammering them into shape or killing them completely. They continue to play a large part in the preparation and consideration of laws that will help shape the United States in its third century.

    STANDING, OR PERMANENT, COMMITTEES OF CONGRESS
    HOUSE
    SENATE
    Agriculture
    Appropriations
    Armed Services
    Banking, Finance and Urban Affairs
    Budget
    District of Columbia
    Education and Labor
    Energy and Commerce
    Foreign Affairs
    Government Operations
    House Administration
    Interior and Insular Affairs
    Judiciary
    Merchant Marine and Fisheries
    Post Office and Civil Service
    Public Works and Transportation
    Rules
    Science, Space and Technology
    Small Business
    Standards of Official Conduct
    Veterans' Affairs
    Ways and Means
    Agriculture, Nutrition and Forestry
    Appropriations
    Armed Services
    Banking. Finance and Urban Affairs
    Budget
    Commerce, Science and Transportation
    Energy and Natural Resources
    Environment and Public Works
    Finance
    Foreign Relations
    Governmental Affairs
    Judiciary
    Labor and Human Resources
    Rules and Administration
    Small Business
    Veterans' Affairs
    OFFICERS OF THE CONGRESS

The Constitution provides that the vice president shall be president of the Senate. He or she has no vote, except in the case of a tie. The Senate chooses a president protempore to preside when the vice president is absent. The House of Representatives chooses its own presiding officer—the speaker of the House. The speaker and the president pro tempore are always members of the political party with the largest representation in each house. At the beginning of each new Congress, members of the political parties select floor leaders and other officials to manage the flow of proposed legislation. These officials, along with the presiding officers and committee chairmen, exercise strong influence over the making of laws.

    THE LAWMAK1NG PROCESS

One of the major characteristics of the Congress is the dominant role committees play in its proceedings. Committees have assumed their present-day importance by evolution, not by constitutional design, since the Constitution makes no provision for their establishment.

At present the Senate has 16 standing (or permanent) committees: the House of Representatives has 22. Each specializes in specific areas of legislation: foreign affairs, defense, banking, agriculture, commerce, appropriations and other fields. Every bill introduced in either house is referred to a committee for study and recommendation. The committee may approve, revise, kill or ignore any measure referred to it. It is nearly impossible for a bill to reach the House or Senate floor without first winning committee approval. In the House, a petition to discharge a bill from a committee requires the signatures of 218 members; in the Senate, a majority of all members is required. In practice, such discharge motions only rarely receive the required support.

The majority party in each house controls the committee process. Committee chairmen are selected by a caucus of party members or specially designated groups of members. Minority parties are proportionally represented on the committees according to their strength in each house. Bills are introduced by a variety of methods. Some are drawn up by standing committees; some by special committees created to deal with specific legislative issues; and some may be suggested by the president or other executive officers. Citizens and organizations outside the Congress may suggest legislation to members, and individual members themselves may initiate bills. After introduction, bills are sent to designated committees which, in most cases, schedule a series of public hearings to permit presentation of views by persons who support or oppose the legislation. The hearing process, which can last several weeks or months, opens the legislative process to public participation.

One virtue of the committee system is that it permits members of Congress and their staffs to amass a considerable degree of expertise in various legislative fields. In the early days of the republic, when the population was small and the duties of the federal government narrowly circumscribed, such expertise was not as important. Each congressman was a generalist and dealt knowledgeably with all fields of interest. The complexity of national life today calls for special knowledge, which means that elected representatives often acquire expertise in one or two areas of public policy.

When a committee has acted favorably on a bill, the proposed legislation is then sent to the floor for open debate. In the Senate, the rules permit virtually unlimited debate. In the House, because of the large number of members, the Rules Committee usually sets limits. When debate is ended, members vote either to approve the bill, defeat it, table it—which means setting it aside and is tantamount to defeat—or return it to committee. A bill passed by one house is sent to the other for action. If the bill is amended by the second house, a conference committee composed of members of both houses attempts to reconcile the differences. Once passed by both houses, the bill is sent to the president, for constitutionally the president must act on a bill for it to become law. The president has the option of signing the bill—by which it becomes law—or vetoing it. A bill vetoed by the president must be reapproved by a two-thirds vote of both houses to become law.

The president may also refuse either to sign or veto a bill. In that case, the bill becomes law without his signature 10 days after it reaches him (not counting Sundays). The single exception to this rule is when Congress adjourns after sending a bill to the president and before the 10-day period has expired; his refusal to take any action then negates the bill—a process known as the "pocket veto. "

    CONGRESSIONAL POWERS OF INVESTIGATION

One of the most important nonlegislative functions of the Congress is the power to investigate. This power is usually delegated to committees—either the standing committees, special committees set up for a specific purpose, or joint committees composed of members of both houses. Investigations are conducted to gather information on the need for future legislation, to test the effectiveness of laws already passed, to inquire into the qualifications and performance of members and officials of the other branches, and on rare occasions, to lay the groundwork for impeachment proceedings. Frequently, committees call on outside experts to assist in conducting investigative hearings and to make detailed studies of issues.

There are important corollaries to the investigative power. One is the power to publicize investigations and their results. Most committee hearings are open to the public and are widely reported in the mass media. Congressional investigations thus represent one important tool available to lawmakers to inform the citizenry and arouse public interest in national issues. Congressional committees also have the power to compel testimony from unwilling witnesses, and to cite for contempt of Congress witnesses who refuse to testify and for perjury those who give false testimony.

    INFORMAL PRACTICES OF CONGRESS

In contrast to European parliamentary systems, the selection and behavior of U. S. legislators has little to do with central party discipline. Each of the major American political parties is basically a coalition of local and state organizations which join together as a functioning national party—Republican or Democratic—during the presidential elections at four-year intervals. Thus the members of Congress owe their positions to their local or state electorate, not to the national party leadership nor to their congressional colleagues. As a result, the legislative behavior of representatives and senators tends to be individualistic and idiosyncratic, reflecting the great variety of electorates represented and the freedom that comes from having built a loyal personal constituency.

Congress is thus a collegial and not a hierarchical body. Power does not flow from the top down, as in a corporation, but in practically every direction. There is only minimal centralized authority, since the power to punish or reward is slight. Congressional policies are made by shifting coalitions which may vary from issue to issue. Sometimes, where there are conflicting pressures—from the White House and from important economic or ethnic groups—legislators will use the rules of procedure to delay a decision so as to avoid alienating an influential sector. A matter may be postponed on the grounds that the relevant committee held insufficient public hearings. Or Congress may direct an agency to prepare a detailed report before an issue is considered. Or a measure may be put aside ("tabled") by either house, thus effectively defeating it without rendering a judgment on its substance. There are informal or unwritten norms of behavior that often determine the assignments and influence of a particular member. "Insiders, " representatives and senators who concentrate on their legislative duties, may be more powerful within the halls of Congress than "outsiders, " who gain recognition by speaking out on national issues. Members are expected to show courtesy toward their colleagues and to avoid personal attacks, no matter how extreme or unpalatable their opponents' policies may be. Members are also expected to specialize in a few policy areas rather than claim expertise in the whole range of legislative concerns. Those who conform to these informal rules are more likely to be appointed to prestigious committees or at least to committees that affect the interests of a significant portion of their constituents.

    OVERSIGHT POWERS OF CONGRESS

Of the numerous techniques that Congress has adopted to influence the executive branch, one of the most effective is the oversight function. Congressional oversight prevents waste and fraud; protects civil liberties and individual rights; ensures executive compliance with the law; gathers information for making laws and educating the public: and evaluates executive performance. It applies to Cabinet departments, executive agencies, regulatory commissions and the presidency.

    Congress' oversight function takes many forms:
    —committee inquiries and hearings;
    —formal consultations with and reports from the executive;

—Senate advice and consent for executive nominations and treaties; —House impeachment proceedings and subsequent Senate trials; —House and Senate proceedings under the 25th Amendment in the event that the president becomes disabled, or the office of the vice president falls vacant; —informal meetings between legislators and executive officials; —congressional membership on governmental commissions; and

—studies by congressional committees and support agencies such as the Congressional Budget Office, the General Accounting Office or the Office of Technology Assessment—all arms of Congress.

The oversight power of Congress has helped to force officials out of office, change policies and provide new statutory controls over the executive. In 1949, for example, probes by special Senate investigating subcommittees revealed corruption among high officials in the Truman administration. This resulted in the reorganization of certain agencies and the formation of a special White House commission to study corruption in the government. The Senate Foreign Relations Committee's televised hearings in the late 1960s helped to mobilize opposition to the Vietnam War. Congress' 1973 Watergate investigation exposed White House officials who illegally used their positions for political advantage, and the House Judiciary Committee's impeachment proceedings against President Richard Nixon the following year ended his presidency. Select committee inquiries in 1975 and 1976 identified serious abuses by intelligence agencies and initiated new legislation to control certain intelligence activities. In 1983, congressional inquiry into a proposal to consolidate border inspection operations of the U. S. Customs Service and the U. S. Immigration and Naturalization Service raised questions about the executive's authority to make such a change without new legislation. In 1987, oversight efforts disclosed statutory violations in the executive branch's secret arms sales to Iran and the diversion of arms profits to anti-government forces in Nicaragua, known as the contras. Congressional findings resulted in proposed legislation to prevent similar occurrences.

Oversight power is an essential check in monitoring the presidency and controlling public policy.

    THE JUDICIAL BRANCH
    THE FEDERAL COURT SYSTEM

The third branch of the federal government, the judiciary, consists of a system of courts spread throughout the country, headed by the Supreme Court of the United States.

A system of state courts existed before the Constitution was drafted. There was considerable controversy among the delegates to the Constitutional Convention as to whether a federal court system was needed, and whether it should supplant the state courts. As in other matters under debate, a compromise was reached in which the state courts were continued while the Constitution mandated a federal judiciary with limited power. Article III of the Constitution states the basis for the federal court system: The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.

With this guide, the first Congress divided the nation into districts and created federal courts for each district. From that beginning has evolved the present structure: the Supreme Court, 11 courts of appeals, 91 district courts, and three courts of special jurisdiction. Congress today retains the power to create and abolish federal courts, as well as to determine the number of judges in the federal judiciary system. It cannot, however, abolish the Supreme Court.

The judicial power extends to cases arising under the Constitution; laws and treaties of the United States; admiralty and maritime cases; cases affecting ambassadors, ministers and consuls of foreign countries in the United States; controversies in which the U. S. government is a party; and controversies between states (or their citizens) and foreign nations (or their citizens or subjects). The 11th Amendment removed from federal jurisdiction cases in which citizens of one state were 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. Article III has resulted in a complex set of relationships between state and federal courts. Ordinarily, federal courts do not hear cases arising under the laws of individual states. However, some cases over which federal courts have jurisdiction may also be heard and decided by state courts. Both court systems thus have exclusive jurisdiction in some areas and concurrent jurisdiction in others. The Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"—in practice, until they die, retire or resign, although a judge who commits an offense while in office may be impeached in the same way as the president or other officials of the federal government. U. S. judges are appointed by the president and confirmed by the Senate. Congress also determines the pay scale of judges.

    THE SUPREME COURT

The Supreme Court is the highest court of the United States, and the only one specifically created by the Constitution. A decision of the Supreme Court cannot be appealed to any other court. Congress has the power to fix the number of judges sitting on the Court and, within limits, decide what kind of cases it may hear, but it cannot change the powers given to the Supreme Court by the Constitution itself. The Constitution is silent on the qualifications for judges. There is no requirement that judges be lawyers, although, in fact, all federal judges and Supreme Court justices have been members of the bar.

Since the creation of the Supreme Court almost 200 years ago, there have been slightly more than 100 justices. The original Court consisted of a chief justice and five associate justices. For the next 80 years, the number of justices varied until, in 1869, the complement was fixed at one chief justice and eight associates. The chief justice is the executive officer of the Court but, in deciding cases, has only one vote, as do the associate justices.

The Supreme Court has original jurisdiction in only two kinds of cases: those involving foreign dignitaries and those in which a state is a party. All other cases reach the Court on appeal from lower courts.

Of the several thousand cases filed annually, the Court usually hears only about 150. Most of the cases involve interpretation of the law or of the intent of Congress in passing a piece of legislation. A significant amount of the work of the Supreme Court, however, consists of determining whether legislation or executive acts conform to the Constitution. This power of judicial review is not specifically provided for by the Constitution. Rather, it is doctrine inferred by the Court from its reading of the Constitution, and forcefully stated in the landmark Marbury vs. Madisoncase of 1803. In its decision in that case, the Court held that "a legislative act contrary to the Constitution is not law, " and further observed that "it is emphatically the province and duty of the judicial department to say what the law is. " The doctrine has also been extended to cover the activities of state and local governments.

Decisions of the Court need not be unanimous; a simple majority prevails, provided at least six justices—the legal quorum—participate in the decision. In split decisions, the Court usually issues a majority and a minority—or dissenting—opinion, both of which may form the basis for future decisions by the Court. Often justices will write separate concurring opinions when they agree with a decision, but for reasons other than those cited by the majority.

    COURTS OF APPEALS AND DISTRICT COURTS

The second highest level of the federal judiciary is made up of the courts of appeals, created in 1891 to facilitate the disposition of cases and ease the burden on the Supreme Court. The United States is divided into 11 separate appeals regions, each served by a court of appeals with from three to 15 sitting judges.

The courts of appeals review decisions of the district courts (trial courts with federal jurisdiction) within their areas. They are also empowered to review orders of the independent regulatory agencies, such as the Federal Trade Commission, in cases where the internal review mechanisms of the agencies have been exhausted and there still exists substantial disagreement over legal points. Below the courts of appeals are the district courts. The 50 states are divided into 89 districts so that litigants may have a trial within easy reach. Additionally, there is one in the District of Columbia and one in the Commonwealth of Puerto Rico, not a state of the union, but part of the United States. From one to 27 judges sit in each of the district courts. Depending on case load, a judge from one district may temp! ) rarity sit in another district. Congress fixes the boundaries of the districts according to population, size and volume of work. Some of the smaller states constitute a district by themselves. while the larger states, such as New York, California and Texas, have four districts each. Except in the District of Columbia, judges must be residents of the district in which they permanently serve. District courts hold their sessions at periodic intervals in different cities of the district. Most cases and controversies heard by these courts involve federal offenses such as misuse of the mails, theft of federal property, and violations of pure food, banking and counterfeiting laws. These are the only federal courts where grand juries indict those accused of crimes, and juries decide the cases.

    SPECIAL COURTS

In addition to the federal courts of general jurisdiction, it has been necessary from time to time to set up courts for special purposes. These are known as "legislative" courts because they were created by congressional action. Judges in these courts, like their peers in other federal courts, are appointed for life terms by the president, with Senate approval. Perhaps the most important of these special courts is the Court of Claims, established in 1855 to render judgment on monetary claims against the United States. Other special courts include the Customs Court, which has exclusive jurisdiction over civil actions involving taxes or quotas on imported goods, and the Court of Customs and Patent Appeals which hears appellate motions from decisions of the Customs Court and the U. S. Patent Office.

    Conclusion

Although the Constitution has changed in many aspects since it was first adopted, its basic principles remain the same now as in 1789: —The three main branches of government are separate and distinct from one another. The powers given to each are delicately balanced by the powers of the other two. Each branch serves as a check on potential excesses of the others.

—The Constitution, together with laws passed according to its provisions, and treaties entered into by the president and approved by the Senate, stands above all other laws, executive acts and regulations.

— All persons are equal before the law and are equally entitled to its protection. All states are equal, and none can receive special treatment from the federal government. Within the limits of the Constitution, each state must recognize and respect the laws of the others. State governments, like the federal government, must be democratic in form, with final authority resting with the people. —The people have the right to change their form of national government by legal means defined in the Constitution itself.

Few Americans, however, would defend their country's record as perfect. American democracy is in a constant state of evolution. As Americans review their history, they recognize errors of performance and failures to act, which have delayed the nation's progress. They know that more mistakes will be made in the future. Yet the U. S. government still represents the people, and is dedicated to the preservation of liberty. The right to criticize the government guarantees the right to change it when it strays from the essential principles of the Constitution. So long as the preamble to the Constitution is heeded, the republic will stand. In the words of Abraham Lincoln, "government of the people, by the people, and for the people shall not perish from the earth. "

    Contents:
    Introduction__________________________
    CONSTITUTION______________________
    The Bill of Rights______________________
    THE EXECUTIVE BRANCH___________
    THE LEGISLATIVE BRANCH__________
    THE JUDICIAL BRANCH______________
    Conclusion____________________________

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