ADMINISTRATIVE SYSTEM OF USA

American Constitution and Government

The American Constitution is the constitution of the United States of America, formed in 1787 following the American Revolution (1775–83). It was adopted at the Philadelphia Convention in 1787 and came into force in 1789. The salient features of the American Constitution are explained below.

Written Constitution
The American Constitution is a classic example of a written constitution and is the oldest written constitution in the world. It is contained in a document of about 12 pages and consists of a Preamble, 7 Articles, and 27 Amendments. However, the actual working constitutional system includes:
(i) The statutes of Congress, which determine the organisation and functions of government agencies.
(ii) Executive orders issued by the President to implement statutes.
(iii) Judicial decisions interpreting the Constitution through judicial review, e.g., the Supreme Court expanding federal jurisdiction via the doctrine of implied powers.
(iv) Political conventions gradually developed around the Constitution, e.g., the President’s Cabinet is a product of convention.

Thus, the American constitutional system today is a product of the 1787 constitutional document, subsequent amendments, Congressional statutes, executive orders, judicial interpretations, and political conventions.

Rigid Constitution
Unlike the British Constitution, the American Constitution is rigid. It cannot be amended like ordinary laws; it requires a special process provided in the Constitution. Hence, a distinction exists between constitutional law and ordinary law.

The Constitution prescribes two methods of amendment:
(i) An amendment can be proposed by two-thirds of both houses of Congress and ratified by three-fourths (38 out of 50) of state legislatures within seven years.
(ii) Alternatively, an amendment can be proposed by a constitutional convention called by Congress on the petition of two-thirds (34 out of 50) of state legislatures, and ratified by three-fourths (38 out of 50) of state legislatures.

This procedure is difficult, complicated, and slow, evidenced by only 27 amendments since 1789.

Federal Constitution
The USA is a federal state, the first modern federal republic, comprising 50 states (originally 13) and the District of Columbia. The Constitution divides powers between the federal (central) government and state governments, granting limited powers to the Centre and residuary powers to the states. Each state has its own constitution, legislature, governor, and supreme court.

Presidential Government
The American Constitution establishes a presidential system:
(i) The President is both head of state (ceremonial) and head of government (chief executive).
(ii) The President is elected by an Electoral College for a fixed four-year term and can be removed by Congress only through impeachment for unconstitutional acts.
(iii) The President governs with a Cabinet or “Kitchen Cabinet”, advisory bodies of non-elected secretaries, appointed and removable by the President.
(iv) The President and secretaries are not responsible to Congress, do not hold membership, and do not attend sessions.
(v) The President cannot dissolve the House of Representatives.

Separation of Powers
The doctrine of separation of powers is the foundation of the American system. Legislative, executive, and judicial powers are vested in independent organs.

• Article I: Legislative powers vested in Congress

• Article II: Executive powers vested in the President

• Article III: Judicial powers vested in the Supreme Court and inferior courts established by Congress

Checks and Balances
The checks and balances system ensures that no branch becomes autocratic:
(i) The President can veto congressional bills (Pocket veto and Qualified veto).
(ii) The Senate confirms higher appointments and treaties.
(iii) Congress determines the organisation and jurisdiction of courts.
(iv) The President appoints judges with Senate consent.
(v) The Supreme Court can declare laws and orders ultra vires.

Supremacy of Constitution and Judicial Review
The Constitution is the supreme law. Statutes must conform to it; if not, the Supreme Court can declare them null and void. Judicial review makes the Court the custodian of the Constitution.

Bill of Rights
The American Constitution was the first to include a Bill of Rights, guaranteeing numerous fundamental rights. No person can be deprived of life, liberty, or property without due process. The Supreme Court protects these rights through judicial review. The first ten amendments, added in 1791, constitute the Bill of Rights.

Bicameralism
The Congress is bicameral, consisting of the Senate (upper house) and House of Representatives (lower house).

• The Senate has 100 members, two from each state, serving six-year terms.

• The House of Representatives has 435 members, elected from single-member constituencies, serving two-year terms.

• The Senate is the more powerful chamber and is considered the most powerful upper house in the world.

American President

Mode of Election
The American Constitution provides for an indirect election of the President. However, the growth of political parties and political conventions has made it practically a direct election. Constitutionally, the President is elected by an Electoral College. Its members, called Presidential Electors, are directly elected by the people of all states.

The number of electors in each state equals the total number of its members in Congress (both House of Representatives and Senate). Additionally, the District of Columbia has 3 electors. Therefore, the total strength of the Electoral College is 538 (435 House + 100 Senate + 3 D.C.). A candidate needs 270 votes (half of 538 plus one) to win.

The Electoral College is a special body formed solely to elect the President and is dissolved after the election. If no candidate secures a majority, the House of Representatives elects the President from the top three candidates in the Electoral College. This occurred in 1800, 1824, and 1876.

Qualifications, Term and Removal
A candidate for the presidency must:
(i) Be a natural born citizen of the USA (naturalized citizens are ineligible).
(ii) Be at least 35 years old.
(iii) Have been a resident of the USA for 14 years (not necessarily consecutive).

The President serves a fixed term of 4 years and is eligible for re-election only once. The 22nd Amendment (1951) limits any President to a maximum of 10 years in office. The term begins on 20 January.

The President can be removed by impeachment for treason, bribery, or high crimes and misdemeanors. The House of Representatives initiates impeachment by a majority vote. The Senate acts as the judicial tribunal, presided over by the Chief Justice, and must pass the resolution by a two-thirds majority. No President has been removed, though there were attempts against Andrew Johnson (1868), Richard Nixon (1974), and Bill Clinton (1998).

Powers and Functions
The American Presidency is among the strongest democratic offices in the world. The President derives powers from the Constitution, Acts of Congress, judicial interpretations, and political conventions:

1. Enforces the Constitution, federal laws, treaties, and judicial decisions nationwide.

2. Serves as supreme commander of the armed forces.

3. Appoints Supreme Court judges, ambassadors, heads of executive departments, diplomatic officials, consuls, and other top officials.

4. Formulates foreign policy and conducts foreign affairs.

5. Can grant pardon and reprieve for federal offences (except in impeachment cases).

6. When presented with a bill from Congress, the President can:
   (i) Assent, making it an Act.
   (ii) Reject it (Qualified Veto). If Congress repasses by two-thirds, it becomes law.
   (iii) Reserve it (Pocket Veto). If Congress adjourns within 10 days, the bill dies.

7. Sends messages to Congress proposing legislative measures.

8. Calls special sessions of Congress for urgent matters.

9. Prepares the national budget for Congressional approval.

10. Issues executive orders (delegated legislation).

11. Can adjourn Congress in case of disagreement between the two houses.

Executive Office of the President

The Executive Office of the President (EOP) consists of top staff agencies that aid and advise the President in administrative duties. Established in 1939 by President Franklin D. Roosevelt under the Reorganisation Act of 1939, it was recommended by the Brownlow Committee Report (1937). Current EOP agencies include:

• The White House Office

• The Office of Management and Budget (OMB)

• The Council of Economic Advisers

• The National Security Council

• The Office of the United States Trade Representative

• The Council on Environmental Quality

• The Office of Science and Technology Policy

• The Office of National Drug Control Policy

• The Office of Administration

The White House Office
Contains about 150 close advisors and assistants. They are appointed by the President and assist in day-to-day operations, communication with Congress, executive agencies, media, and the public.

The Office of Management and Budget (OMB)
Headed by a Director appointed by the President with Senate approval, it handles fiscal, legislative, and administrative management, prepares and administers the federal budget, and acts as a clearinghouse for legislative proposals. Originally the Bureau of Budget (1921), it became OMB in 1970.

The Council of Economic Advisers
Comprises three economists appointed by the President with Senate approval. It analyzes the national economy and advises the President. Established under the Employment Act of 1946.

The National Security Council
Includes the President (Chairman), Vice-President, Secretary of State, and Secretary of Defense. Military and intelligence advisors are the Chairman of Joint Chiefs of Staff and the Director of Central Intelligence. It integrates domestic, foreign, military, intelligence, and economic policies for national security. Established under the National Security Act of 1947 and placed in the EOP in 1949.

The Office of the United States Trade Representative
Headed by a Cabinet-level official responsible for trade negotiations and policy. Created in 1963 and placed in the EOP by the Trade Act of 1974.

The Council on Environmental Quality
Consists of three environmentalists appointed by the President with Senate approval. It develops national policies to improve environmental quality. Established under the National Environmental Policy Act of 1969.

The Office of Science and Technology Policy
Advises the President on scientific and technological matters affecting the economy, security, health, foreign relations, and environment. Established by the National Science and Technology Policy, Organisation and Priorities Act of 1976.

The Office of National Drug Control Policy
Headed by a Director appointed by the President with Senate approval, it coordinates federal, state, and local anti-drug efforts and devises national strategies. Established by the National Narcotics Leadership Act of 1988.

The Office of Administration
Provides administrative support to all EOP units, including information management, personnel, finance, data processing, library services, records, mail, and printing. Established in 1977 by an executive order.

Independent Regulatory Commissions

Unlike the UK, France, and India, the USA has three types of line agencies: Department, Public Corporation, and Independent Regulatory Commission (IRC). The IRCs were established to regulate and control private economic activities and property to protect and promote social interest. The first IRC, the Inter-State Commerce Commission, was established in 1887. Currently, there are nine IRCs in the USA, created in the following order:

• Inter-State Commerce Commission (1887)

• Federal Reserve Board (1913)

• Federal Trade Commission (1914)

• Federal Power Commission (1930)

• Federal Communications Commission (1934)

• Securities and Exchange Commission (1934)

• National Labour Relations Board (1935)

• United States Maritime Commission (1936)

• Civil Aeronautics Board (1940)

Salient features of IRCs:
(i) Established outside executive departments; called “islands of autonomy”.
(ii) Perform quasi-legislative, administrative, and quasi-judicial functions.
(iii) Referred to as the “fourth branch of government” due to mixed functions.
(iv) Multi-headed (collegial), with 5–7 expert members appointed by the President with Senate approval; membership is bipartisan, term 5–7 years.
(v) Independent of the President in legislative and adjudicatory functions; not accountable to the President; termed “headless” or “irresponsible commissions”.
(vi) Created by Congress, thus called “arms of Congress”.
(vii) Contribute to disintegration of federal administration, as not connected to presidential administration.
(viii) Overlapping terms strengthen independence.
(ix) Members cannot be removed at the President’s will; removal only on statutorily specified grounds.
(x) Nationwide jurisdiction.

Independence is relative, not absolute:
(i) Budgets reviewed by the Office of Management and Budget (OMB).
(ii) Controlled by Congress: annual appropriations, investigations, amendments, or abolition.
(iii) Personnel matters regulated by the Office of Personnel Management (OPM).
(iv) Actions subject to judicial review.