The continuous improvement of American government planning system is based on the increasing power of government departments. The institutional setup of government departments itself is the concrete embodiment of the government planning system.
Fundamentally speaking, the institutional framework of the U.S. government originates from the U.S. federal constitution. The federal constitution is the basic document of the American government and the supreme law of the United States. Its main content is to establish a federal state, and each state has greater autonomy, including legislative power. It has formulated the state system, government system and the operating principles of the state, and made it clear that the three branches of the state government-legislative power, executive power and judicial power are separated, and they each exercise specific responsibilities and restrict each other.
Legislature (United States Congress)
According to article 1 of the Federal Constitution, all legislative power of the federal government belongs to the National Assembly, which consists of two houses (the House of Representatives and the Senate). Members of both houses are directly elected by state voters. The Senate consists of two senators from each state, *** 100. Senators serve a six-year term, and elections are held every even-numbered years, and one-third of senators are re-elected. The chairman of the Senate is the vice president, but the vice president has no right to vote unless the vote is deadlocked. The House of Representatives is elected by the states in proportion to the population, with a total of 435 members. The term of office of the House of Representatives is two years, and all members are re-elected at the expiration of their terms. The House of Representatives elects its own meeting host, Speaker of the House of Representatives. The U.S. Congress holds mid-term elections every two years, which means that all 435 seats in the House of Representatives have to be re-elected, and the Senate has to re-elect 1/3. Generally speaking, the current president's party always loses some seats in the mid-term elections.
According to the actual needs of legislation and the laws of congressional and institutional reform in different periods, the US Congress gradually formed today's Senate and House Committee system. These committees are the core of the national assembly's deliberation of various legislative bills and have great powers. Any bill submitted to Congress must be reviewed or amended by the Committee before it can be submitted to the Senate or the House of Representatives for discussion.
When the Senate or the House of Representatives have finished discussing a bill, the members will vote on it. Any bill passed by one house must be submitted to another house for consideration. If the bill is amended by the Second House, it will be resolved through consultation by a consultative committee composed of some members of the two houses. Once the bill is passed in both houses, it must be sent to the president for signature before it can become law. If the president vetoes it, the bill can become law with the approval of two-thirds majorities in both houses.
The current Congress (107) has more than 20 standing committees and special committees in the Senate, including: the Rules and Administration Committee; Appropriations Committee; Committee on Agriculture, Nutrition and Forestry; Military Committee; Committee on Banking, Housing and Urban Affairs; Budget Committee; Committee on Commerce, Science and Transport; Committee on Energy and Natural Resources; Committee on Environment and Public Works; Finance Committee; Committee on Foreign Relations; Panel on Government Affairs; Judicial Committee; Committee on Labour and Human Resources; Special Committee on Moral Standards; Indian affairs Committee; Intelligence Committee; Small Business Committee, Special Committee for the Elderly and Veterans Affairs Committee, etc. There are more than 20 standing committees and special committees in the House of Representatives, including: the Government Reform and Supervision Committee; Committee on agriculture; Appropriations Committee; National Security Council; Committee on Banks and Financial Institutions; Budget Committee; Committee on Economic and Educational Opportunities; Commercial Committee; Committee on International Relations; House oversight Committee; Judicial Committee; Committee on Resources; Committee on Transport and Infrastructure; Procedural Committee; Scientific Committee; Special intelligence Committee; Small Business Committee; Veterans Affairs Committee; Committee on Code of Conduct for Officials and Committee on Financing. In addition, the Senate and the House of Representatives also have four joint committees, namely, the Economic Committee, the Library Committee, the Printing Committee and the Tax Committee.
Other important institutions established by the US Congress include the General Accounting Office and the Congressional Budget Office.
(2) the judiciary
The judicial organs in the United States are mainly composed of the Supreme Court, 1 1 American Sentencing Committee and 9 1 lower courts. As well as three special courts with special jurisdiction and the federal judicial center.
Presidents and judges of the Supreme Court and the Federal Court are nominated by the President and appointed by the Senate. The Supreme Court is the highest court in the United States and the only court specially established by the Federal Constitution. The Supreme Court consists of a Chief Justice and eight judges. According to the Constitution, the Supreme Court has the right to interpret the Constitution, declare federal and state laws unconstitutional, have the right to try cases involving ambassadors, ministers, consuls and state parties in the first instance, and have the right to appeal and decide cases tried by lower courts. The judgment of the Supreme Court is final, regardless of the trial and final judgment.
Each court of appeal has 3- 15 appeal judges, who accept most appeal cases against local court decisions and have the right to review orders and rulings of independent federal agencies. The judgment of the Court of Appeal shall also be regarded as final.
The district court is the basic court of the federal court system, and each district court has 1-27 judges. The federal district court hears all kinds of cases involving the federal government in various regions (such as abuse of mail and theft of federal government property). ), between citizens of different States, between American citizens and foreign citizens. Judges of the Special Court are also appointed by the President on the recommendation and approval of the Senate and serve for life. Main claims courts, customs and patent appeal courts, etc.
In addition, the court system at the state, county and city levels does not belong to the federal court system and is sui generis.
Second, the establishment of the executive branch of the US government.
The executive branch of the US federal government is mainly composed of the President and the White House, 19 ministries, more than 60 independent bureaus and 4 quasi-official institutions.
(1) The President and the White House
1, President According to the federal constitution of the United States, the president is the head of state, the head of government and the commander-in-chief of the armed forces. The president of the United States is also one of the most powerful positions in the world. In legislation, he can veto any bill passed by congress, that is, he has the legislative veto power; In the annual State of the Union address, budget speech, economic speech and speeches on various special issues, we can put forward legislative initiatives to Congress, that is, the right of legislative initiatives; He also has the right to convene a special session of Congress; On the judicial front, the President has appointed federal judges, including members of the Supreme Court, subject to the approval of the Senate; You can also grant complete or conditional pardon to anyone who violates federal laws-except those who are impeached; On the administrative side, the president can issue decrees, regulations and instructions, and can appoint and dismiss public officials, but senior officials (including cabinet ministers, deputy ministers, assistant ministers, etc.). ) must be approved by the Senate; Have the right to call up the national guard of each state to serve the Federation; In times of war or national crisis, Congress can give the President more power to handle the national economy and protect the security of the United States. Have the right to declare a state of emergency and command and direct the armed forces; In foreign affairs, he is responsible for the relations between the United States and foreign countries. Have the right to establish diplomatic relations and conclude administrative agreements with foreign governments on behalf of the United States. Have the right to appoint ambassadors. However, the conclusion of treaties and the appointment of ambassadors must be approved by the Senate. Wait a minute.
The president's term of office is four years and can be re-elected once. If the President dies, resigns or becomes incapacitated, the Vice President shall take over the presidency.
2. Presidential Cabinet The highest decision-making body of the US government is the Presidential Cabinet. The president's cabinet is established by the president according to the actual needs of administrative management. Cabinet members are composed of ministers dealing with specific national and international affairs and other officials designated by the President. Legally speaking, the cabinet actually only plays the role of assistant to the president and advisory group, and has no collective decision-making power. In addition to Vice President richard cheney and Secretary of State Colin Powell, there are 14 ministers among the important cabinet members and officials of the Bush administration. That is, Ann M. Veneman, Minister of Agriculture, Don Evans, Minister of Commerce, Donald Rumsfeld, Minister of Defense, Roderick Raynor Paige, Minister of Education, Spencer Abraham, Minister of Medical and Social Affairs, Mel Martinez, Minister of Housing and Urban Development, Gale Norton, Minister of the Interior, Zhao Xiaolan, Minister of Labor, Norman Mineta, Minister of Transportation, Paul O'Neill, Minister of Finance, Anthony Principi, Minister of Veterans Affairs, Attorney General John Ashcroft and Secretary of Homeland Security thomas ridge. In addition, andrew card, White House Chief of Staff, Christie Whiteman, Director of Environmental Protection Agency, Mitchell Daniels Jr, Director of Management and Budget Bureau, John Walters, Director of National Drug Control Policy Bureau, and Robert B. Zoellick, US Trade Representative, etc.
3. The "Political Research Office" of the White House Many important decisions and plans of the President of the United States come from several important policy research institutions established by the White House, such as the National Security Council, the President's Council of Economic Advisers, the Office of Management and Budget, the Office of National Drug Control, the Policy Research Office, the Office of Science and Technology Policy, and the Office of the US Trade Representative.
The National Security Council was established in accordance with the National Security LawNo. 1947 and is located in the Office of the President. At present, the chairman of this committee is President Bush, and other legitimate members include Vice President Cheney, Secretary of State Powell and Secretary of Defense Rumsfeld. General Henry H. Shelton, Chairman of the Joint Chiefs of Staff, served as the military adviser to the Committee, and george tenet, Director of the Central Intelligence Agency, served as the intelligence adviser. Andrew h. Card Jr, White House Chief of Staff, O 'Neill, Treasury Secretary, Condoleezza Rice, Assistant to the President for Security Affairs, and Larry Lindsay, Assistant to the President for Economic Policy, are also permanent members of the committee and are usually invited to attend the meeting. Other officials were also invited to attend relevant meetings. The National Security Council helps the President to formulate domestic and foreign military, intelligence and economic policies on national security.
Council of Economic Advisers: Its main tasks are to study and analyze domestic and international economic issues, evaluate various economic policies of the federal government, compile the annual presidential economic report, and make policy recommendations to the President on the country's economic development. The President's Council of Economic Advisers was established under the Employment ActNo. 1946. Originally affiliated to the President's Office, it became an independent policy research institution in 1953 according to the "reorganization plan" of the US government. The Committee consists of three members, all of whom are recommended and reviewed by the Senate and appointed by the President. The current chairman is Robert g Hubbard. According to the 2002 presidential economic report, in addition to three members, the President's Council of Economic Advisers has appointed more than 30 economists and statisticians with rich academic knowledge.
The Office of Management and Budget, formerly known as the Budget Bureau, was established in 1939. The office has 20 staff members, with Mitchell Daniels Jr as the current director, two deputy directors and several assistant directors in charge of budget, legislation, administration, economic policy, energy (natural resources, science), national security and diplomacy. The main duties of the Office of Management and Budget are: to assist the President in maintaining an effective government by reviewing the organizational structure and management procedures of various administrative departments; Formulate an effective coordination mechanism to assist the president and strengthen cooperation among government agencies; To assist the President in preparing the budget and formulating the government financial plan; Review and control the government budget, help the president formulate reform policies, especially report the financial burden of the government to the president in time.
The Policy-making Office consists of the Domestic Policy Committee and the National Economic Committee, both of which are responsible for making recommendations to the President, helping him to formulate, coordinate and implement domestic economic policies, and advising him on other policies. The Domestic Policy Committee was established on1June 65, 993+August 65+June 6. It is mainly responsible for reviewing the research and implementation of the President's domestic economic policies and coordinating the cooperation among various agencies of the federal government. The National Economic Council was established on1October 25th,1993,65438+,and is mainly responsible for coordinating the formulation of the President's economic policies and providing economic policy suggestions to the President. The Committee is also responsible for ensuring the implementation of economic policy decisions. The National Economic Council is chaired by Larry Lindsay, Assistant to the President for Economic Policy.
CEQ Environmental Quality Committee was established according to NEPA National Environmental Policy Act 1969. Located in the president's office. According to the Environmental Quality Improvement Act 1970, the Environmental Quality Office (OEQ) was established to provide professional and administrative support to the Committee. The chairman of the Committee also serves as the director of the office and is appointed by the President. According to the requirements of the law, the Committee is responsible for evaluating and coordinating the actions of the federal government, advising the President on domestic and international environmental policies, and preparing an annual environmental quality report for the President to submit to Congress. In addition, the Committee is also responsible for reviewing the implementation of various bills of federal government agencies and departments on national environmental policy.
The National Drug Control Policy Office was established under the National Narcotics Leadership Act 1988. The office staffing is 14, and there are actually 8 people at present. The office is responsible for formulating national drug control policies, objectives, priorities and means of implementation, making annual reports every year, and proposing drug control strategies and national drug control budget reports. To make recommendations to the President on the organization, management, budget and other related matters of anti-drug activities. At the same time, it is also responsible for reviewing the implementation of drug control strategies by government agencies.
The Office of Science and Technology Policy was established in accordance with the Law on National Science and Technology Policies, Organizations and Priorities (No.1976) and is located in the Executive Office of the President. The Office of Science and Technology Policy is responsible for providing the President with scientific, engineering and technical analysis reports, as well as important policies, plans and various federal government projects. From a scientific point of view, make suggestions to the President on issues in economy, national security, medical care, foreign relations, environment and other fields. Evaluate the scale, quality and effectiveness of the federal government's efforts in science and technology.
The Office of the United States Trade Representative was established by Presidential Executive Order 1963 65438+ 10/5, formerly known as the Office of the Special Representative for Trade Negotiations. According to the Trade Act of 1974, it became an agency of the Executive Office of the President, responsible for handling trade agreements and formulating and implementing trade policies. Under the authorization of 1988 comprehensive trade and competition act, the trade representative has been given many new powers, including the implementation of clause 30 1 The US Trade Representative is equivalent to an ambassador, directly responsible to the President, and fully responsible for all the activities of the United States in the World Trade Organization, including discussions, convening meetings and negotiations, as well as trade and commodity issues in the OECD, trade issues in multilateral institutions such as the United Nations Conference on Trade and Development, and other multilateral and bilateral trade negotiations. Robert Zoellick, the current US Trade Representative, has four deputy representatives, three in Washington and one in Geneva. Other members include: chief textile negotiator, special trade negotiator, assistant trade representative in charge of agriculture, Asia-Pacific region, China, parliamentary affairs, environment and natural resources, Europe and Mediterranean, Japan, supervision and implementation, North American affairs, policy coordination, media, WTO and multilateral affairs, and Western Hemisphere affairs.
The US Trade Representative is also a member of the boards of directors of the Export-Import Bank and overseas private investment companies, and a member of the National Advisory Committee on International Monetary and Financial Policy.
Institutional setup of the Ministry
There are currently 20 departments in the United States, namely, the Ministry of Agriculture, the Ministry of Commerce, the Ministry of National Defense, the Ministry of Air Force, the Ministry of War, the Ministry of Navy, the Ministry of National Defense, the Ministry of Education, the Ministry of Energy, the Ministry of Medical and Social Services, the Ministry of Housing and Urban Development, the Ministry of the Interior, the Ministry of Justice, the Ministry of Labor, the State Council, the Ministry of Communications, the Ministry of Finance, the Department of Veterans Affairs and the Department of Homeland Security.
After years of evolution, the administrative agencies of many departments in the United States are huge and play an increasingly prominent role in the country's economic and social development. The following are just examples of the US Department of Commerce and the Treasury Department.
The U.S. Department of Commerce was established on March 4, 2003 with the telephone number 1965438, which was separated from the former Department of Commerce and Labor (established on February 4, 2003 with the telephone number 1903). The Ministry of Labor is responsible for labor-related affairs. According to the law, the main responsibility of the US Department of Commerce is to promote the country's foreign trade, economic growth and technological progress; Provide help and information in all aspects to improve the competitiveness of American enterprises in the world economy; Prevent unfair trade competition from abroad; Providing socio-economic statistics and analysis reports for enterprises and government decision-making departments; Support the utilization of scientific and technological achievements and the utilization of environmental and marine resources; Ensure patents and trademarks, and formulate technical development policies. The highest organ of the Ministry of Commerce is the Minister's Office, which is responsible for presiding over all the work of the Ministry of Commerce and providing suggestions to the President on federal government policies, industry and commerce and the national economy.
The Ministry of Commerce has several bureaus and offices, which perform their respective duties, such as the Bureau of Economics and Statistics, the Export Administration, the Economic Development Bureau, the Small Business Development Bureau, the National Oceanic and Atmospheric Administration and the Technical Administration.
The main responsibility of the Bureau of Economics and Statistics is to provide ministers and other government officials with information on economic development, economic forecasts and macroeconomic and microeconomic policies. The Bureau of Economics and Statistics consists of the Census Bureau and the Bureau of Economic Analysis. As a permanent institution, the Census Bureau was established on March 6th, 1902. Its main duty is to provide census data according to the constitutional authorization. According to American law, the Census Bureau should conduct a census every 10 years. According to the law, any figures about individuals, families and institutions collected by the Census Bureau must be strictly confirmed and can only be used for statistical purposes. The Census Bureau is responsible for: conducting a population and housing census every 10 year; Within the scope of state and local governments, conduct an industrial census every five years, including manufacturing, mining, construction and transportation; Provide all kinds of information through regular surveys; Comprehensive statistics of American foreign trade, including import and export figures; Conduct various special investigations at the request of state and local governments; Publish a population forecast. The Bureau of Economic Analysis is responsible for: the national economic accounting of the United States, synthesizing various economic data and providing important economic information, such as economic growth, regional development and the position of the United States in the world economy; National income and production accounting, including the production, distribution and use of national output, estimation of the country's tangible wealth, input-output table; Regional economic accounting, providing personal income, population and employment of each region, state and major city, and estimating the total production of each state; The international economic accounting account consists of the international transactions (balance of payments) between the United States and foreign countries and the international investment of the United States. In addition, the Bureau of Economic Analysis regularly conducts a general survey of American overseas investment and foreign investment in the United States, and publishes relevant figures.
As an independent institution within the Ministry of Commerce, the Export Administration Bureau was established on June 5438+0987+ 10/. According to the American export management law, its main function is to promote and control exports. The Export Administration is responsible for formulating export control policies for dual-use products in the United States, including technology, software and weapons of mass destruction, processing export license applications and enforcing export control laws. On the one hand, these actions are aimed at preventing the proliferation of weapons, and at the same time, they are also out of consideration for strengthening the foundation of national defense industry, ensuring national security and certain foreign policy objectives.
According to the Law on Public Works and Economic Development, the Economic Development Administration was established in 1965. It aims to help the economic development of all parts of the United States, including agricultural areas and some urban communities that do not belong to the mainstream economy and have slow economic development. The Economic Development Bureau mainly provides some public policy support and assistance, including financial support, to certain projects, such as infrastructure construction, planning and coordination, and economic adjustment, so as to reduce unemployment in these fields. Most of the planning funds allocated by the Economic Development Bureau are aimed at states, local governments and communities to help them formulate effective economic development policies and plans and provide technical and financial support, including industrial research, management, natural resources development and export promotion.
The Bureau of International Trade was established in12 October 1980. Its main task is to promote foreign trade and strengthen the international trade and investment position of the United States. On the import side, the main responsibility is to protect American enterprises from unfair trade practices. The International Trade Bureau is headed by an assistant minister in charge of international trade affairs, who is also responsible for providing professional and intelligence support to the US Trade Representative. The International Trade Bureau consists of several departments: the import department is responsible for deciding whether to implement relevant anti-dumping measures on an imported commodity; The Office of Market Access and Application is responsible for analyzing, formulating and implementing American international economic policies, opening up overseas markets for American companies and improving the international trade and investment status of the United States; The Trade Development Office is responsible for providing international trade and investment advice, supporting the American industrial sector, strengthening the competitiveness of American domestic exports, and promoting American enterprises to participate in the international market. In addition, there is the Export Assistance Center-International Trade Department, which is responsible for providing American enterprises with export-related information and other kinds of support.
According to the executive order of the President, the Small Business Development Agency was established in 1969. Located in the Ministry of Commerce, it is responsible for formulating the national development plan for small enterprises, supporting small enterprises, enabling them to effectively and equally participate in the free enterprise system in the United States and overcome various social and economic obstacles. Another important task of the Small Enterprise Bureau is to strengthen the cooperation between the government and small enterprises and expand market space and business opportunities for small enterprises.
The National Oceanic and Atmospheric Administration (NOAA) of the United States was established according to the No.4 Reorganization Plan of the United States Government (1970). Located in the Ministry of Commerce, its main responsibilities are to predict, monitor and analyze environmental changes, make timely predictions, protect people's lives, property and natural resources, promote economic growth and strengthen environmental security. The National Oceanic and Atmospheric Administration consists of the National Meteorological Administration and the National Environmental Satellite (data and information service).
The Technical Administration Bureau was established in 1988 with the approval of the National Assembly and is located in the Ministry of Commerce. It is the main technical organization for cooperation between American government and American industry, aiming at providing information for enterprises and strengthening the competitiveness of American enterprises. The Technical Administration Bureau is composed of many departments, including the Technical Policy Office, the National Bureau of Technical Information and the National Institute of Standards and Technology. The main task of the Office of Technology Policy is to provide support for the private sector, aiming at promoting technology policy, maximizing the impact of technology on economic growth, enhancing the competitiveness of American industries and protecting their interests. In addition, it is also responsible for supporting the technical capabilities of federal, state and local government officials, industries and academic institutions to promote the national technological development of the United States and the competitiveness of the American economy. The National Technical Information Service has become the largest information center for science, technology, engineering and other businesses in the United States. Its main sources of information are American government agencies, in addition to a wide range of technical research reports, domestic and foreign trade, business and management research, socio-economic and trade statistics, computer software and databases, annual health care reports, as well as other data and global competitive intelligence. The National Institute of Standards and Technology (NIST) of the United States, whose main task is to help enterprises develop new technologies, improve product quality and production technology, and accelerate the commercialization of products according to new scientific discoveries, thus strengthening the American economy, improving work quality, improving applied technologies and raising standards.
In addition to the above-mentioned institutions, the US Department of Commerce also has the Patent and Trademark Office, the Office of Policy and Strategic Planning, and the Bureau of Enterprise Development Supervision.
The U.S. Treasury Department was established on September 2, 1789, which is the oldest government agency in the United States. As the president's policy adviser, the Treasury Secretary is mainly responsible for formulating and drafting domestic and international financial, economic and tax policies, participating in formulating a wide range of fiscal policies, managing national debt, and acting as the financial agent of the US government. The Ministry of Finance has several assistant ministers in charge of economic policy, macroeconomic policy coordination, microeconomics, banking and finance, taxation and budget, public relations and international affairs.
The U.S. Congress has passed many laws, delegated various new responsibilities to the Ministry of Finance, and established many bureaus and departments. For example, the Office of Monetary Supervision was established on February 25th, 1863, and its main task is to manage banks in China. The director of the Monetary Authority is appointed by the President for a term of five years. The Monetary Authority has the right to inspect banks, approve or reject applications for the establishment and merger of new banks, and make decisions to close banks. Internal Revenue Service: As early as 1 July, 8621day, the United States established the Internal Revenue Service. On 19 13, the US Congress authorized the collection of personal income tax and corporate tax for the first time. At present, the main task of the Internal Revenue Service is to implement the internal tax law. The main sources of American tax revenue are personal income tax, social insurance and retirement tax. Other important taxes include corporate tax, consumption tax, real estate tax and gift tax. Office of the Assistant Minister for Economic Policy: responsible for assisting senior government officials in formulating economic policies, and analyzing and evaluating domestic and international economic problems and the development of financial markets. In addition, it is also responsible for making economic forecasts according to the annual budget plan; Office of International Affairs: It has offices in Asia, America, Africa, Europe and the Middle East to help finance ministers of various countries formulate policies and plans related to international finance, economy, currency, trade, investment, environment and energy. Tax Policy Office: Formulating domestic and international tax policies, analyzing the effects of various tax legislation and plans, forecasting economic trends, compiling official estimates of government revenue, and making suggestions on international and international investment affairs. U.S. General Customs Service: It was established according to the Fifth Act of the first U.S. Congress, and became an independent agency within the Ministry of Finance in March 1929. Its main function is to prevent smuggling (including drugs and illegal drugs), collect tariffs and fines. Financial management service: responsible for researching, formulating and managing the federal financial system, so that the government's cash can flow effectively and safely. The Monetary Authority is also responsible for accounting the monetary assets and liabilities of the Ministry of Finance and tracking the income and expenditure of the Ministry of Finance. Bureau of the Public Debt: established on June 30th, 1940, its main responsibilities are to raise funds needed by the federal government, calculate public debt, issue and repurchase treasury bills, and implement debt management policies.
In addition, there are many other agencies in the US Treasury, such as the united states secret service, which are responsible for defending the president and other senior government officials, as well as the US government regime and other assets; The Federal Law Enforcement Training Center is responsible for providing legal training to federal government agencies; The Bureau of Alcohol, Tobacco and Firearms is responsible for collecting taxes on alcohol and tobacco products to prevent the smuggling and illegal sale of tobacco and alcohol products; The Office of Foreign Assets Control controls the assets of countries frozen by the United States; The Office of the Assistant Minister of Financial Institutions is responsible for supervising and implementing policies and regulations related to financial institutions.
(3) establish other independent institutions
At present, there are more than 60 independent agencies in the United States, including the Central Intelligence Agency and the Commodity Futures Trading Commission.