Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

AMERICA Judicial Executive Legislative Judicial Executive Legislative Judicial AMERICA Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive AMERICA Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative AMERICA Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judi

Acial ExecuMtive LegisElative JuRdicial Executive Legislative Judicial Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive xec

Autive LegMislative JuEdicial ExRecutive LeI

gisla

Ctive JuAdicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative egi

Aslative JuMdicial ExecEutive LeRgislative JI

udic

Cial ExecAutive Legislative 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial AMERICA Judicial Executive Legislative Judicial Executive Legislative Judicial AMERICA Judicial Executive Legislative JAuBdOiciUal ETxecutive Legislative Judicial 

Legislative Judicial Executive Legislative Judicial Executive Legislative ABOUT Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative JAuBdOiciUal ETxecutive Legislative Judicial AMERICA Judicial Executive Legislative JAuBdOiciUal ETxecutive Legislative Judicial AMERICA Judicial Executive Legislative Judicial Executive Legislative Judicial 

How the United States Is Governed Judicial Executive Legislative Judicial Executive Legislative Judicial How the United States Is Governed Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

How the United States Is Governed Executive Legislative Judicial Executive Legislative Judicial Executive 
For Braddock Communicaions:

PUBLISHER: JASON L. STERN

WRITER EDITOR: PAUL A. ARNOLD

THIS PUBLICATION IS MADE POSSIBLE BY BP AMERICA INC.

WRITER EDITOR: PAUL A. ARNOLD

Copyright © 2004 Braddock Communications, Inc. P.O. Box 710720, Herndon, Virginia 20171-0720

For the Bureau of International

 Information Programs:

 EXECUTIVE EDITOR: GEORGE CLACK

EDITOR: PAUL MALAMUD

DESIGNER: CHLOE ELLIS

 PHOTO RESEARCH: MAGGIE SLIKER

Cover: Bottom left: The dome of the U.S. Capitol building, Washington, D.C., headquarters of the Legislative 

Branch of the U.S. government. Top: The White House, headquarters of the federal executive. Bottom right: The 

Supreme Court building, headquarters of the federal judiciary.

Credits from top to bottom are separated by dashes, left to right by semicolons. All photos are AP/Wide World unless otherwise noted. Cover: PictureQuest RF—Garry Black /Masterfi le; Catherine Gehm.Page 3: Michael Ventura/

Folio, Inc. 4: National Archive Records Administration (3). 7: © Jim West/The Image Works. 8: © Bob Daemmrich/

The Image Works. 9: Roy Ooms/Masterfi le. 13: Win McNamee/Getty Images. 24: top, © 2003 Bob Daemmrich/The 

Image Works. 26: Garry Black/Masterfi le. 27: David Mendelsohn/Masterfi le. 
How the United States Is Governed

Table of Contents

Overview of national, state, and local governments in the United States ................3

 Understanding how the American system of government operates .........................3

 The role of the U.S. Constitution ...................................................................4

 How federal, state, and local governments interact ..................................................5

Similarities and differences between the U.S. system of government and 

other forms of democratic government .......................................................................7

The federal government .................................................................................9

 The Legislative Branch ..............................................................................................9

 How a bill becomes law .....................................................................................9

 The Senate .......................................................................................................12

 The House of Representatives .........................................................................12

 The Executive Branch .............................................................................................13

 Executive departments and agencies ..............................................................14

 The Judicial Branch .................................................................................................17

Chart: Checks and balances .........................................................................................20

State governments .......................................................................................................21

 Structure of state governments ................................................................................22

 Powers and responsibilities of state governments ..................................................22

Local government.........................................................................................................25

 Structure of local governments ................................................................................25

Elections and the electoral process ...........................................................................28

Nongovernmental organizations and institutions that infl uence public policy .....29

 The media ..............................................................................................................29

 Special interest groups / nongovernmental organizations (NGOs) .........................30

AMERICA ABOUT
Public policy research associations ........................................................................30

Trade associations ...................................................................................................30

Labor unions ............................................................................................................30

Individuals and private-sector businesses ..............................................................32

State and local governmental associations .............................................................33

Political parties.........................................................................................................33

Foreign governments and multilateral organizations...............................................33

Chart: Funding government in the United States ..........................................................34

Glossary ........................................................................................................................35

Acknowledgments

The publisher would like to extend a special note of thanks to Michael P. Brien and Howard 

Miller of BP America Inc. for their assistance in making this publication possible. The assistance of the following individuals in providing information and assistance for this publication is 

also gratefully acknowledged:

Douglas K. Barry, Ed.D., U.S. Commercial Service, U.S. Department of Commerce

Carol A. Bonosaro, Senior Executives Association

Elizabeth A. Sherman, Ph.D., Presidential Classroom

Donald A. Ritchie, U.S. Senate Historical Office

Paul Rundquist, formerly Congressional Research Service, Library of Congress

Vincent T. Tizzio, American International Group

Dr. Andrew R. Uscher, Senior Executives Association

David K. Voight, U.S. Small Business Administration
3

Overview of national, state, and local governments 

in the United States

The American system of government, begun 

as an experiment in liberty and democracy in 

1776, has proven to be remarkably resilient 

and adaptable. 

While often categorized as a democracy, 

the United States is more accurately defi ned 

as a constitutional federal republic. What does 

this mean? “Constitutional” refers to the fact 

that government in the United States is based 

on a Constitution which is the supreme law of 

the United States. The Constitution not only 

provides the framework for how the federal 

and state governments are structured, but 

also places signifi cant limits on their powers. 

“Federal” means that there is both a national 

government and governments of the 50 states. 

A “republic” is a form of government in which 

the people hold power, but elect representatives to exercise that power.

UNDERSTANDING HOW THE AMERICAN SYSTEM OF GOVERNMENT OPERATES

To a visiting observer, the U.S. government may seem straightforward: the Congress 

makes the laws and the President implements them. A closer inspection reveals a 

much more complex system of interactions and infl uences.

As a republic, the ultimate power within the American system rests with the people. 

This power is exercised through regular, scheduled elections in which voters select the 

President, members of Congress, and various state and local offi cials. These offi cials 

and their staffs formulate policy, make laws, and direct the day-to-day operations of 

government.

“I know of no safe depository of the

ultimate powers of the society but the people themselves.”

– Thomas Jefferson, 1820

Visitors closely inspect the original pages of the 

U.S. Constitution of 1787 in the rotunda of the National Archives building in Washington, D.C. The 

Constitution as interpreted by courts still governs 

life in America.
4

The U.S. Constitution is the blueprint 

for the American system of government. 

Ratifi ed in 1788, the Constitution defi nes 

three separate branches of government 

(legislative, executive, and judicial), their 

powers, and how positions in each are to 

be fi lled.

One defi ning characteristic of 

the Constitution is the system of 

checks and balances it created to 

distribute power among the three 

branches.

Each

branch

exercises

some form 

of power 

over the 

others. For 

example,

justices

of the 

Supreme

Court (judiciary) are appointed by the 

President (executive), but subject to the 

consent of the U.S. Senate (legislative). 

Likewise, the judiciary can strike down 

as unconstitutional laws passed by Congress and signed by the President. These 

and other checks and balances ensure 

that no single branch of government 

exercises too much power.

Because the government may exercise only those powers specifically 

granted to it in the Constitution, the 

Constitution is an important protection 

of the rights and powers of the people. 

The first ten amendments to the Constitution are collectively known as the Bill 

of Rights. The Bill of Rights guarantees 

important freedoms to every American, 

including freedom of speech, press, and 

religion, and the right to be free from 

unreasonable searches, and to have a 

trial by jury.

The Constitution, as the supreme law 

of the land, limits the 

legislative and executive powers of all 

levels of government. 

Any law or portion of 

a law that is deemed 

by the courts to be 

in confl ict with the 

Constitution is nullifi ed, 

with the U.S. Supreme 

Court having the fi nal 

say in such 

matters.

Amendments to the 

Constitution

are adopted 

when proposed by 

two-thirds of 

the House 

and Senate 

and ratifi ed by three-fourths of the states. 

This is a diffi cult process, with only 27 

amendments having been made since the 

Constitution was ratifi ed. Of these, only 16 

have been adopted since 1800.

THE ROLE OF THE U.S. CONSTITUTION

On the right, two overlapping pages of the original text 

of the Constitution. On the left, a printed, annotated 

version of a House joint resolution amending the 

Constitution and proposing a Bill of Rights with 17 

amendments, August 24, 1789.

HOW THE U.S. IS GOVERNED
5

The Constitution not only defi nes 

the structure and powers of the federal 

government, but also contains general 

provisions regarding state government. 

Each state, in turn, has its own 

constitution which contains provisions 

for local governments within the state. 

Local governments may include cities, 

counties, towns, school districts, and 

special-purpose districts, which govern 

such matters as local natural resources 

or transportation networks.

The federal government is limited to 

the powers and responsibilities specifi -

cally granted to it by the U.S. Constitution. Some of the powers listed in the 

Constitution include regulating commerce 

between the states, providing for national 

defense, creating money, regulating immigration and naturalization, and entering 

into treaties with foreign countries.

Over time, however, the Constitution 

has been interpreted and amended to 

adapt to changing circumstances, and the 

powers exercised by the federal government have changed with it. Working with 

the states, the federal government creates certain laws and programs that are 

funded federally, but administered by the 

states. Education, social welfare, assisted 

housing and nutrition, homeland security, 

transportation, and emergency response 

are key areas where states deliver services 

using federal funds and subject to federal 

guidelines.

This gives the federal government the 

power to infl uence the states. For example, in the 1970s, the federal government 

wanted to lower highway speed limits to 

reduce energy consumption. Rather than 

simply legislate a lower speed limit, the 

federal government threatened to withhold money for road projects from states 

that did not themselves lower the speed 

limit in their states. In many cases, the 

states must also partially fund the programs to qualify for federal funds.

A local government is chartered according to its state’s constitution. Just as 

the policies enacted by the state government must not confl ict with federal law, a 

local government is subject to the legal 

environment created by the state’s constitution and statutes.

HOW FEDERAL, STATE, AND LOCAL GOVERNMENTS INTERACT
6

Federally recognized American Indian tribes are considered sovereign 

entities within the United States. This sovereign status—sometimes called 

“nation-within-a-nation”—is protected by treaty, federal law, and court 

rulings. Members of tribes are not subject to state or local income, sales, 

or property taxes, and states have little power to regulate Indians in tribal 

territories. Tribes have their own rule-making bodies and judicial systems 

to settle disputes arising on tribal lands or between tribal members. While 

signifi cant, tribal sovereignty is not absolute; Indians are subject to federal 

taxes and to laws passed by the U.S. Congress.

Sovereignty of Indian Tribes

HOW THE U.S. IS GOVERNED

Matthew Thomas, leader of the Narragansett Indian tribe, addresses 24 eastern U.S. tribes at a 

meeting in Mashantucket, Connecticut, in 2003. Like other groups, Native Americans pursue unifi ed 

political agendas.
7

As a constitutional federal republic, the 

United States is not unique. Many “democracies” are in fact constitutional republics, and share with the United States 

long traditions of democratic representation, the rule of law, and constitutional 

protections.

One signifi cant difference between 

the United States and some other major 

democracies is the selection and role of 

the head of government. In parliamentary systems, the head of government 

is a prime minister selected from the 

parliament, and is typically the leader of 

the majority political party or coalition. 

The prime minister appoints a cabinet 

of ministers often consisting of other 

members of parliament. A separate head 

of state may be a monarch or an elected 

President (or comparable offi cial).

In the United States, 

the President is both head 

of government and head of 

state. The President is elected 

separately from the legislature and may or may not be 

of the legislature’s majority 

political party. The President’s 

cabinet consists of individuals 

who are Constitutionally prohibited from being members 

of Congress at the same time.

The United States is primarily a two-party system, in 

stark contrast to many parliamentary systems where there may be 

ten or more parties represented in the 

legislature. This results in clearly defi ned 

political lines in the United States, without the formal need for coalition-building 

often required to create a ruling majority in a parliamentary system. One factor 

contributing to the two-party system in 

the United States is the single-member 

district system of electing Representatives. In some parliamentary systems, 

proportional representation is used, 

which allows many parties to be represented in parliament.

One other signifi cant difference is 

that elected offi cials in the United States 

serve for a defi ned period of time before 

facing reelection. In many parliamentary 

Similarities and differences between the U.S. 

system of government and other forms of 

democratic government

Arab-Americans vote in the 2004 U.S. presidential election in a school 

in Dearborn, Michigan.
8

systems, elections may be called suddenly by the ruling party or if there is 

a vote of no confi dence in the government. In some parliamentary systems, 

parliament may be dissolved by the head 

of state and new elections ordered.

Differences in the judicial system are 

not as signifi cant as in the legislative, 

because the United States legal system is based predominantly on English 

common law. Defendants in criminal 

cases have the right to a public trial by 

jury and the right to be represented by 

counsel. One major difference in the judiciary, however, is the power of the U.S. 

Supreme Court to declare laws unconstitutional, thereby nullifying them. Few 

other countries vest such authority in 

their judiciaries.

Finally, the revenues and expenditures of the U.S. government are much 

smaller than most of its counterparts in 

other industrialized nations when measured as a percentage of gross domestic 

product. Much of the difference is due to 

the social services and benefi ts (such as 

health care and old-age pensions) that 

governments in some other nations pay 

for. In the United States, many of these 

services are delivered by the private sector or are not funded to the same extent 

by the government, and thus are not 

counted in government expenditures.

Texas: In a scene played out in many courtrooms, an attorney addresses jurors in a civil trial. Civil cases, unlike 

criminal cases, revolve around damages for wrongful acts and sometimes result in monetary awards.

HOW THE U.S. IS GOVERNED
9

The federal government is made 

up of three distinct branches, each with 

clearly defi ned Constitutional powers 

and responsibilities. These are the legislative branch, the executive branch and 

the judicial branch.

THE LEGISLATIVE BRANCH

The legislative branch of the federal 

government is comprised of two chambers of Congress: the U.S. Senate and 

the U.S. House of Representatives. Legislation must pass both houses before it is 

presented to the President to be signed 

into law.

How a bill becomes law

Each year, thousands of bills are 

introduced in Congress, but only a few 

hundred are passed into law. The following is a summary of how a bill makes its 

way from draft to being signed into law 

by the President.

1. A bill is written. A Senator or Representative may draft original legislation, 

or a trade association or private citizen 

may request that a bill be prepared and 

may assist in its writing. Only a Senator 

or Representative, however, can actually introduce a bill. Once written, the 

author of the bill will seek co-sponsors 

from among his or her colleagues to add 

greater credibility to the initiative.

The federal government

The U.S. Capitol building in Washington, D.C. has long symbolized representative government in America. It is 

divided into two chambers, the House of Representatives and the Senate, both of which need to concur for a new 

law to take effect. 
10

2. The bill is introduced in the Senate 

and/or House. It is assigned a number 

and its title and sponsors are published 

in the Congressional Record.

3. The Parliamentarians of the House 

and Senate assign the bill to the committee with appropriate jurisdiction. The 

chair of the committee may then assign 

the bill to the most appropriate subcommittee. It is important to note that the 

committee and subcommittee chairs 

have a great deal of power over how a 

bill assigned to them is considered. If 

the chair opposes the legislation, he or 

she may simply not act on it.

4. The subcommittee may hold hearings on the bill and invite testimony 

from public and private witnesses. Many 

witnesses are Executive Branch offi cials, 

experts, or affected parties from trade 

associations, labor unions, academia, 

public interest groups, or the business 

community. Individuals may also make 

their views known by testifying, by providing a written statement, or by allowing interest groups to represent their 

views.

5. Once the hearings are completed, the 

subcommittee may meet to “mark up” 

the bill, which is the process of proposing and considering amendments to the 

bill as written. It then votes on whether 

to report the bill favorably to the full 

committee. If not favorably reported, the 

bill dies.

6. The full committee may repeat any 

or all of the subcommittee’s actions: 

hearings, markup, and vote. If the 

committee votes favorably on the bill, 

it is ordered reported to either the full 

House of Representatives or the full 

Senate, depending on which chamber 

is considering the bill.

7. When the bill reaches the fl oor of the 

House or Senate, the membership of the 

entire body may debate it. At this point, 

the bill may be further amended, referred back to committee, or voted on.

8. If the bill is passed by the House or 

Senate, it is referred to the other chamHOW THE U.S. IS GOVERNED

Vote by full chamber Debate and amendments 

by full chamber

If passed in different form by other chamber, bill goes to 

conference committee, which negotiates differences

If passed by full chamber, bill is 

referred to other chamber

A bill is introduced and assigned 

to committee

Committee and subcommittee 

hearings and markup

Committee and subcommittee

Full chamber

Full Congress

THE LEGISLATIVE PROCESS
11

ber. A House-passed bill may be placed 

directly on the Senate Calendar, bypassing the subcommittee and committee 

reviews. Usually, however, the subcommittees and committees in both bodies 

have an opportunity to hold hearings, 

and amend the bill. Related or identical 

legislation often proceeds through the 

House and Senate simultaneously.

9. If a bill is passed in identical form by 

the House and Senate, it is delivered to 

the President. If there are differences 

between the House and Senate versions 

of the bill, a conference committee is 

appointed by the President of the Senate 

and the Speaker of the House to resolve 

the differences. If the conferees are unable to reach agreement, the legislation 

dies. If they do reach an agreement, 

the bill is sent back to both chambers, 

which must vote on them without further 

amendment.

If both chambers approve the 

conference committee bill, it goes to the 

President for signature. The President 

has four options: (1) Sign the bill 

into law; (2) Take no action while the 

Congress is in session, in which case the 

bill becomes law after ten days; (3) Take 

no action while a Congress is in fi nal 

adjournment, in which case the bill dies; 

or (4) Veto the bill.

If the President vetoes a bill, 

Congress may attempt to override the 

veto. This requires a two-thirds vote by 

both the House and Senate. If either fails 

to achieve a two-thirds majority in favor 

of the legislation, the bill dies. If both 

succeed, the bill becomes law.

In addition to creating laws, one 

of the most important activities of 

Congress is oversight of the Executive 

Branch. Congress may hold hearings to 

investigate the operations and actions of 

the Executive Branch to ensure that it is 

carrying out the law with integrity.

If passed by full committee, bill 

is referred to the full chamber

If the President signs the bill 

or takes no action while 

Congress is in session, the 

bill becomes law 

If passed in identical 

form by other chamber, 

bill is presented to the

 President

Vote by subcommittee Vote by full committee

President
12

The Senate

• Considered the “Upper Chamber,” it is considered more deliberative than the House.

• Comprised of 100 Senators (two from each 

state).

• Senators serve six-year terms, with no limit 

on the number of terms they may serve.

• For election purposes, senators are divided 

into three classes; one class stands for 

election every two years. This ensures that 

there are always experienced legislators 

serving in Congress.

• Vacancies in the Senate are generally fi lled 

by appointment by the governor of the 

state where the vacancy exists.

• The Vice President of the United States 

serves as the President of the Senate, 

voting only in cases of a tie.*

While sharing broad legislative powers 

with the House of Representatives, the 

Senate has several unique powers to itself:

• The Senate must confi rm presidential 

appointments to the Supreme Court, lower 

federal courts, and key positions within the 

Executive Branch before the appointees 

can take offi ce.

• The Senate approves or rejects international 

treaties negotiated by the President.

• In cases of impeachment of the President 

or a member of the Supreme Court, the full 

Senate conducts the trial and acts as jury.

The House of Representatives

• Considered the “House of the People.”

• Comprised of 435 Representatives, 

apportioned among the states 

according to population. Five U.S. 

territories and possessions also have 

nonvoting representation in the House: 

the District of Columbia, American 

Samoa, Guam, Puerto Rico, and the 

U.S. Virgin Islands.

• All Representatives serve two-year terms 

with no limit on the number of terms 

they may serve, and all are elected at the 

same time.

• Each Representative is elected from a 

defi ned geographic area within a state 

called a Congressional District.

• Vacancies in the House of Representatives 

are fi lled only by a special election or in a 

general election.

• The members of the House elect a 

Speaker of the House, who is the 

leading offi cer of the chamber and, in 

practice, is a member of the majority 

party.

Special powers and responsibilities 

of the House not shared with the Senate 

include:

• The power to bring charges of 

impeachment against the President 

and Supreme Court Justices.

• All bills for raising revenue must 

originate in the House.

• The House selects the President in cases 

where no presidential candidate receives 

a majority of electoral votes. In such 

cases, each state delegation has one vote.

Members of the House of Representatives take the 

oath of offi ce in the House chambers in the Capitol in 

January, 1989.

HOW THE U.S. IS GOVERNED

*In practice, ties are so infrequent that the Vice President 

spends very little time presiding over the Senate. When 

the Vice President is not present, the Senate selects 

a president from its members to preside over daily 

proceedings.
13

The Executive Branch is by far the largest 

branch of the federal government. At its 

head is the President, who serves a fouryear term. The Vice President is elected 

at the same time, and is fi rst in line to 

assume the presidency should the President die, become incapacitated, or be 

removed from offi ce upon impeachment 

and conviction.

Although the Executive Branch shares 

powers co-equally with the other two 

branches of government, the President 

is the most powerful individual in the 

government. Among the powers and roles 

of the President are:

• Appointing Supreme Court justices and 

lower federal court judges, all of whom 

must be confi rmed by the Senate;

•Appointing a cabinet of department secretaries and agency heads who must be 

confi rmed by the Senate;

• Acting as Commander-in-Chief of the 

military;

• Acting as titular head of state;

• Negotiating international treaties and 

treaties with American Indian tribes, 

which must be ratifi ed by the Senate;

THE EXECUTIVE BRANCH

President Bush chairs a cabinet meeting, November, 2004.
14

• Vetoing legislation passed by Congress;

• Granting pardons and reprieves for federal crimes (except impeachment).

In addition to these constitutional 

powers, the President in practice has other powers that are either informal or not 

expressly provided for in the Constitution. 

First and foremost, the President may 

issue Executive Orders, which are directives that have the force of law. Executive 

Orders are commonly used for purposes 

such as:

• Establishing new programs, offi ces, or 

commissions to promote or carry out 

the President’s political agenda;

• Creating policies that affect how legislation passed by Congress is to be carried 

out or enforced;

• Declaring when the federal workforce 

will observe holidays.

Executive Orders can be a powerful 

tool for the President to achieve policy 

objectives, and this power has been 

upheld by the Supreme Court. Individual 

Executive Orders may be overturned or 

modifi ed by Congressional legislation, but 

such legislation requires the President’s 

signature to have effect, unless Congress 

overrides a presidential veto. Executive 

Orders may also be challenged in court if 

they are perceived to violate the Constitution or confl ict with existing law.

Finally, the President serves as the 

head of his or her political party, and 

can use the stature and visibility of the 

presidency to articulate political views and 

advance political objectives, both with the 

public and with members of his or her 

party in Congress.

Executive departments and agencies

Beneath the President and Vice President are 15 departments and numerous 

agencies which together make up the 

“government” that we see every day. They 

are responsible for administering the law, 

enforcing it, and delivering various governmental services. Their functions are 

far-reaching and affect the lives of every 

American.

The 15 departments are:

• Department of Agriculture (USDA)

• Department of Commerce (DOC)

• Department of Defense (DOD)

• Department of Education (ED)

• Department of Energy (DOE)

• Department of Health and Human

Services (HHS)

• Department of Homeland Security (DHS)

• Department of Housing and Urban

Development (HUD)

• Department of the Interior (DOI)

• Department of Justice (DOJ)

Federal government agencies collect data, as well as 

initiate programs. This scientist, who works for the U.S. 

Department of Energy, uses an aircraft to collect data 

on air pollution over New England.

HOW THE U.S. IS GOVERNED
15

• Department of Labor (DOL)

• Department of State (DOS)

• Department of Transportation (DOT)

• Department of the Treasury

• Department of Veterans Affairs (VA).

Each department is headed by a secretary, who is appointed to the position by 

the President subject to Senate confi rmation. The departmental secretaries by law 

make up the President’s Cabinet, a group 

of people who advise the President on any 

subject relating to their responsibilities. 

The President may also accord cabinetlevel status to other top Executive Branch 

offi cials. Typically this includes the Vice 

President, the President’s Chief of Staff, 

the director of the Offi ce of Management 

and Budget, and the U.S. Trade Representative. Other positions that are currently or have recently been considered 

cabinet-level positions are the director of 

the Environmental Protection Agency, the 

director of Central Intelligence, and the 

President’s national security advisor.

In addition to the cabinet-level departments, there are numerous independent 

Executive Branch agencies and commissions, some of which are quite large. 

Some examples include the U.S. Postal 

Service, the Environmental Protection 

Agency, and the National Aeronautics and 

Space Administration (NASA).

Regulatory agencies are an especially powerful type of agency. They are 

Old-age pensions, known as Social Security in the United States, are paid to millions by the U.S. government. 

Above, printed checks wait to be mailed from the U.S. Treasury’s fi nancial management facility in 

Philadelphia, Pennsylvania.
16

Presidential Succession

The Department of Homeland Security is the nation’s newest cabinet-level department. The date of creation is important because the presidency passes to the Vice 

President in case of death or incapacitation of the President. If the Vice President is 

unable to serve, the line of succession is as follows:

 • Speaker of the House;

 • President Pro Tem of the Senate;

 • Department secretaries, generally in the order the departments were 

created, beginning with the Secretary of State. 

empowered by Congress to make and 

enforce rules governing specifi c parts of 

the economy often dealing with complex 

technical issues. Major regulatory agencies include:

• Securities and Exchange Commission 

(SEC)

• Federal Trade Commission (FTC)

• Nuclear Regulatory Commission (NRC) 

• Food and Drug Administration (in HHS) 

(FDA)

• Federal Communications Commission 

(FCC)

• Environmental Protection Agency (EPA)

• Equal Employment Opportunity 

Commission (EEOC)

• Occupational Safety and Health 

Administration (in DOL) (OSHA).

Together with other regulatory agencies, these bodies make rules that affect 

nearly every business and consumer. 

Commission members and agency heads 

are appointed by the President subject 

to Senate approval. Their rules have the 

force of law, but may be challenged in the 

courts or overturned by Congress.

Of all the independent agencies, none 

is more independent than the Federal 

Reserve System, the nation’s central bank 

also known simply as “the Fed.” The 

Board of Governors of the Federal Reserve is responsible for establishing the 

nation’s monetary policy, setting interest rates, and determining the supply of 

money. Decisions made by the Fed have 

far-reaching effects on the nation’s economy, interest rates, infl ation, job creation, 

and international trade. In fact, many 

consider the Chairman of the Board of 

Governors to be the second most powerful individual in government after the 

President.

HOW THE U.S. IS GOVERNED
17

THE JUDICIAL BRANCH

The judicial branch is responsible for 

passing judgment on legal cases that 

challenge or require interpretation of acts 

of Congress and for trying criminal cases 

in which the defendant is accused of violating federal law. Federal courts also have 

appellate jurisdiction over state laws when 

challenged on constitutional grounds, 

and jurisdiction over cases involving more 

than one state, citizens of more than one 

state, or foreign parties.

The judicial branch consists of the 

Supreme Court and the lower federal 

courts, including the Courts of Appeal 

(also known as Circuit Courts or Appellate 

Courts), federal district courts, bankruptcy 

courts, and courts of federal claims. The 

courts of the federal judiciary hear both 

civil and criminal cases appealed from 

state courts. Their original jurisdiction 

covers cases relating to patents, trademarks, claims against the federal government, bankruptcy, fi nancial securities, 

maritime law, and international claims.

As a separate branch of government, 

the judiciary is independent of the other 

two branches, subject only to the checks 

and balances defi ned in the Constitution. 

An independent federal judiciary is 

The U.S. Supreme Court building in Washington, D.C., houses the nation’s highest court. The nine justices on the 

court play a decisive role interpreting legal and constitutional issues for the nation.
18

considered essential to ensure fairness 

and equal justice for all citizens. The 

Constitution promotes judicial independence in two major ways. First, federal 

judges are appointed for life, and they 

can be removed from offi ce only through 

impeachment and conviction by Congress of “Treason, Bribery, or other high 

Crimes and Misdemeanors.” Second, the 

Constitution provides that the compensation of federal judges “shall not be diminished during their Continuance in Offi ce,” 

which means that neither the President 

nor Congress can reduce the salary of a 

federal judge. These two protections help 

an independent judiciary to decide cases 

free from popular passions and political 

infl uence.

Although the judiciary was envisioned 

by the writers of the Constitution to be a 

branch insulated from political pressures 

and popular opinion, the process of selecting judges has become highly political. Supreme Court Justices and lower 

court judges are nominated by the President and take offi ce only when confi rmed 

by the Senate.

The Supreme Court currently has 

nine justices, a number set by law. Lower 

federal courts, including their jurisdictions, number of judges, and budgets, 

are established by Congress. All federal 

judges require confi rmation by the Senate 

in order to take offi ce permanently. The 

President, however, may appoint judges 

for a temporary term while the Congress 

is not in session. Federal magistrates, who 

perform judicial activities such as setting 

bail, issuing warrants, and conducting 

hearings for minor offenses, are appointed to eight-year terms by Federal District 

Court judges.

HOW THE U.S. IS GOVERNED
19

The Supreme Court’s role as an equal 

partner in government was solidifi ed by 

the famous case of Marbury v. Madison

in 1803. In this case, the Supreme 

Court for the fi rst time declared a law 

passed by Congress and signed by the 

President unconstitutional, thereby nullifying the law. Rather than being simply 

a court that interprets the law, the Supreme Court has the power to void laws.

Although it was 54 years before the Supreme Court declared another law unconstitutional, it has become increasingly active since the middle of the 20th century, especially in the area of civil rights. A succession of landmark cases was a driving force in 

the expansion of rights for minorities and protections for defendants in criminal cases. 

Many of these, though controversial at the time, are now praised as enduring victories 

over injustice. The following are examples of some cases that had a lasting impact:

• In 1954, the court held in Brown v. Board of Education that having separate 

schools for whites and blacks was inherently unequal, and resulted in a massive 

desegregation effort in public schools.

• In 1956, the court upheld a lower court ruling overturning state laws that discriminated against minorities. Practices such as forcing blacks to sit at the back 

of buses (the situation that originated the case) were outlawed.

• In the 1967 Miranda v. Arizona case, the court held that individuals in police 

custody must be told of their rights to remain silent and to have legal counsel.

These rights are now known as “Miranda rights.”

In these and many other important cases, the Supreme Court overturned state and 

local laws and practices that had the effect of denying minorities equal rights under 

the law. An important basis for these decisions was the Fourteenth Amendment, which 

states in part:

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, 

liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

“... the judiciary is the safeguard of our liberty and our property under the 

Constitution.”

 Charles Evans Hughes, Chief Justice of the 

 United States, 1930-1941

The Supreme Court and Civil Rights

White and black students study together at Clinton High 

School in Clinton, Tennessee, in 1964. The 1960s saw 

many advances in racial integration in the United States, 

prompted by public opinion and the federal court system.
20

Checks and Balances

Executive

HOW THE U.S. IS GOVERNED

Legislative

Judicial

• Interprets legislation with power to 

declare it unconstitutional

• Senate confirms 

presidential 

appointments to 

executive and judicial 

posts

• Congress can override 

a presidential veto

• Congress exerts 

oversight of executive 

activities

• Congress controls 

budget

• Congress can impeach 

and, upon conviction, 

remove the President 

from office

• Can veto legislation

• Vice President is 

President of the Senate 

and can break tie votes

• Chief Justice presides 

over trials of presidential 

impeachment

• Can declare presidential acts 

unconstitutional

• Appoints federal 

judges and justices

• Represents federal 

government before 

the court

• President can 

issue pardons for 

offenses other than 

impeachment

• Senate confirms judges and 

justices

• Can impeach and remove judges 

and justices

• Sets size of Supreme Court

• Can initiate constitutional 

amendments

• Creates federal courts inferior to 

the Supreme Court
21

As a federal system of government, 

the United States has several layers of 

government ranging from the federal 

government at the national level, to state 

and local governments. Two of these 

layers—the national and state—are 

addressed in the U.S. Constitution. 

The U.S. Constitution gives Congress 

the authority to admit new states to the 

union. Since the ratifi cation of the 

Constitution by the original 13 states, the 

United States has grown to encompass 

50 states, varying widely in population 

and geographic size. In addition to the 50 

states, there is a federal district—the 

District of Columbia—which is the national 

capital and not part of any state. The 

District of Columbia is governed by the 

city government, with budgetary control 

and administrative oversight by the U.S. 

Congress.

State governments are not subunits of 

the federal government; each state is sovereign and does not report in any constitutional way to the federal government. The 

U.S. Constitution and federal law, however, 

supersede state constitutions and state laws 

in areas where they are in disagreement.

State governments

The state Supreme Court building in San Francisco, California, hosts that court and other regional courts as well, 

including a federal appeals court. A system of federal courts stretches throughout the nation, and provides a 

national legal structure, in addition to state courts and state laws.
22

STRUCTURE OF STATE GOVERNMENTS

The U.S. Constitution guarantees each 

state a republican form of government 

—that is, a government run by popularly 

elected representatives of the people. 

State governments generally mirror the 

federal government: In each state there 

is an elected head of the executive branch 

(the governor), an independent judiciary, 

and a popularly elected legislative branch.

Executive

The executive branch of each state is 

responsible for administering the day-today operations of government, providing 

services and enforcing the law. It is led by 

a governor, elected by statewide ballot for 

a two- or four-year term, depending on 

the state. Other top executive offi cials who 

may be elected rather than appointed are 

the lieutenant governor, secretary of state, 

attorney general, comptroller, and members of various boards and commissions. 

Positions not fi lled by election are usually 

fi lled by appointment by the governor. 

Legislative

All states have a popularly elected 

legislature consisting of two chambers, except 

Nebraska, which has a single-chamber 

legislature. Legislators are elected from 

single-member districts and typically serve 

a two-year or four-year term. The names 

of the chambers vary by state. In most 

states the upper chamber is called the 

senate, while the lower chamber may be 

called the house of representatives, house 

of delegates, or state assembly.

Primary duties of the legislature 

include enacting new laws, approving the 

state’s budget, confi rming appointments 

to the executive or judicial branches, and 

conducting oversight of executive branch 

operations. In many smaller states, legislators serve part-time and receive only 

nominal compensation. They may meet 

just a few weeks or months of the year 

before returning to their full-time occupations. In larger states, legislators serve 

year-round and receive the compensation 

and benefi ts of a full-time job.

Judicial

State court systems have jurisdiction over matters not covered by federal 

courts, including most civil cases between 

parties in the same state, criminal cases 

where violations involve state or local 

laws, family law, and issues relating to the 

state constitution.

The highest court in each state is the 

state supreme court or court of appeals. 

Justices are typically elected to lengthy 

terms, but do not serve for life. The high 

court usually has only appellate jurisdiction—reviewing decisions by lower courts 

—and its decisions in turn may be appealed to the U.S. Supreme Court. The 

structure of lower state courts varies 

widely by state. Some states have separate courts for civil and criminal matters, 

and all states have some form of local 

municipal or county courts to handle minor offenses and small claims.

POWERS AND RESPONSIBILITIES 

OF STATE GOVERNMENTS

As sovereign entities within the framework of the U.S. federal system, each state 

has its own constitution, elected offi cials, 

and governmental organization. States 

HOW THE U.S. IS GOVERNED
23

have the power to make and enforce laws, 

levy taxes, and conduct their affairs largely 

free from intervention from the federal 

government or other states.

State governments have primary responsibility for providing many important 

services that affect the everyday lives of 

their residents. These include:

• Setting educational standards and establishing methods for funding public 

education;

• Building and maintaining transportation 

networks;

• Establishing state-sponsored colleges 

and universities;

• Licensing and regulating businesses 

and professions;

• Creating and overseeing non-federal 

courts and the criminal justice system;

• Generally providing for the public safety;

• Issuing marriage licenses and driver’s 

licenses;

• Issuing and recording birth and death 

certifi cates;

• Administering publicly funded health, 

housing, and nutrition programs for 

low-income and disabled residents;

• Managing state parks and other lands 

for recreation and environmental conservation purposes;

• Administering and certifying elections, 

including elections for federal offi cials;

• Commanding the state National Guard, 

except when called to national service.

Some of these responsibilities are 

delegated to or shared with local governMembers of the energy committee of the Massachusetts State Legislature listen to testimony by experts on a proposal to site energy-generating wind turbines offshore, 2003.
24

ments in many states. For example, in 

most states, marriage licenses are issued 

by city or county governments.

The role of state constitutions

In contrast to the U.S. Constitution, 

which is broadly written, state constitutions can be very detailed and specifi c. 

Many state constitutions go on for pages 

describing, for example, the rules for issuing bonds or defi ning the jurisdiction of 

various state courts. Why so much detail 

in state constitutions? One reason is that 

they are more readily amended than the 

U.S. Constitution. In most states, approval 

by a majority of voters in a statewide election is all that is required.

Another reason is that states, in 

contrast to the federal government, are 

largely free to exercise any power not 

prohibited to them. In order to effectively 

restrict state government powers, the 

restrictions must be spelled out in the 

state’s constitution.

Finally, most states are required by 

their constitutions to have a balanced 

budget. Exceptions, such as borrowing to 

fi nance transportation or other construction projects, must be provided for in the 

constitution.

State legislatures rival state governors’ offi ces in power 

at the state level. In this 2003 photo, a Texas state 

senator uses her laptop in the state Senate chamber to 

check some data.

A state legislator in Texas signals an “aye” vote on the 

fl oor of the Texas House of Representatives during fi nal 

passage of a school fi nance tax proposal, 2005. His 

bill then headed to the state Senate for further debate, 

as Texas has a bicameral legislature.

HOW THE U.S. IS GOVERNED
25

STRUCTURE OF LOCAL GOVERNMENTS

Each state constitution provides for 

the establishment of local governmental 

entities. In all states, these local entities 

include counties* and cities, but most 

states also provide for other types of local government, including wards, school 

districts, conservation districts, townships, 

and transportation authorities. These 

special types of local government have 

regulatory, administrative, or taxing authority as defi ned in the state constitution 

or in state law.

There are over 500,000 elected offi cials in the United States. Of these, fewer 

than 8,500 are at the national and state 

level. The rest are local government offi cials — city council members, school 

board members, mayors, sheriffs, and 

an array of other individuals who serve in 

various capacities.

County government

Counties are the basic territorial division within a state and range in size from 

under 100 square kilometers to over 

200,000 square kilometers. In 48 states, 

counties are also the primary governing 

entity below the state government (counties in Connecticut and Rhode Island do 

not have governmental functions).

Major functions of county governments include recordkeeping (births, 

deaths, land transfers, etc.), administration of elections (including voter registration), construction and maintenance of 

local and rural roads, zoning, building 

code enforcement, and law enforcement 

(especially in rural areas). Some counties 

also share responsibility with the state for 

providing social benefi ts for low-income 

residents, monitoring and enforcing environmental regulations and building codes, 

overseeing child welfare, and performing 

judicial functions. In some states, counties 

are the geographic units for public school 

districts, but schools usually have a separate administrative structure.

Counties are run by popularly elected 

offi cials. There is typically a board of supervisors or a county commission which 

sets policy and often exercises executive 

functions as well. Other elected county positions may include sheriff, judge, justice 

of the peace, medical examiner, comptroller, assessor, or prosecutor, among 

others. In addition to these elected offi cials, many counties have a professional 

administrator, who is hired to manage the 

county government’s overall operations.

*In Louisiana, the political division which would be called a 

county in other states is known as a parish. In Alaska, it is 

known as a borough.

Local government

Volunteers work to enroll homeless people on to the 

voter list in a Salvation Army shelter in Bell, California, 

2004. County and municipal governments, sometimes 

assisted by citizens, perform all kinds of functions that 

touch daily lives.
26

Municipal government

Municipalities are incorporated cities, 

towns, or villages within or independent of 

a county having their own governing and 

taxing authority. They range in size from 

small towns with fewer than 100 residents 

to large metropolises spanning several 

counties (such as New York City).

Municipal government responsibilities include public safety, maintenance of 

city streets, parks and recreation, wastewater treatment, trash removal, zoning 

and building code enforcement, fi re and 

rescue services, animal control, public 

transportation, and other essential services. Larger cities may also provide assisted 

housing, operate public hospitals, 

and administer social welfare programs 

funded by the city, the state, or the federal government. Many cities also own 

or regulate public utilities such as water, 

electric power, natural gas, and telecommunications.

Cities and towns are governed by 

elected offi cials. These offi cials usually 

include a mayor and a city council who 

make decisions and set policy. The mayor, 

who may or may not have a seat on the 

council, is the head of the municipal government and is responsible for overseeing 

day-to-day administrative functions. Some 

cities have adopted the city manager form 

of government, where the city council 

hires a professional manager to run the 

operations of the city. A city manager is 

the chief administrative offi cer of the city 

and, though not elected, reports directly 

to the elected city council or mayor.

Special district governments

According to the U.S. Census Bureau, 

over one-third of all governmental entities in the United States are so-called 

special district governments. Special 

district governments operate 

independently of other local 

governments and are usually 

established to serve a specifi c purpose within a specifi c 

geographic region. Examples 

include:

• Water and natural resource 

conservation;

• Fire prevention;

• Water supply;

• Emergency services;

• Transportation.

Leaders of these governmental entities may be elected or 

appointed. Powers of special district 

governments vary widely, but many have 

signifi cant regulatory and taxing authority. 

Their activities are commonly funded by a 

special sales tax or property tax collected 

within their area of jurisdiction, or by fees 

charged to users of their services.

Small towns throughout America, such as this idyllic spot in the Napa 

Valley, California, rely on local governments to deal with the basics of 

municipal and community life.

HOW THE U.S. IS GOVERNED
27

Public education

Public education through grade 12*

is available at no charge to virtually every 

school-age resident. Each state’s constitution or public laws provide for the manner 

by which public education is to be administered and funded. In most cases, school 

districts are established with a popularly 

elected school board or board of trustees. 

These boards create budgets, set policy, 

and hire the administrators who run the 

schools. School districts do not necessarily coincide with other political boundaries, 

though often they serve a specifi c city or 

county. In most states, public education is 

funded by taxes assessed on personal and 

business property, and state governments 

may provide additional funding from general state revenues or dedicated revenues 

from state lotteries. State governments 

are responsible for setting education 

standards and general policies within the 

state, but implementation is left to the local school boards.

*The end of secondary school, approximately 17-18 years 

of age.

Children peer with curiosity out of a school bus. Of all the forms of local government in the United States, school 

districts are often the ones that draw the most attention from the public. In the United States, school districts have 

considerable autonomy setting education policy.
28

Federal elections are held in November of even-numbered years. Just as the 

President, Senators, and Representatives 

have overlapping constituencies, their 

terms also overlap.

• All Representatives are elected every two 

years by the voters of the district they 

represent.

• Senators serve six-year terms, with onethird of them up for election every even 

year. Senators are chosen in statewide 

elections and represent all residents of 

their states.

• The President and Vice President are 

elected together every four years in a 

nationwide election.

The election process begins well in 

advance of the actual election as individuals declare their candidacies for offi ce. 

In the congressional election process, if 

more than one candidate from the same 

party seeks the offi ce, a primary election 

is held to determine which candidate will 

be on the ballot in the general election.

The primary process for presidential 

elections is different from congressional elections. Beginning in January and 

lasting through June of the election year, 

states hold presidential primaries or caucuses. The results of these ballots determine how many delegates will represent 

each respective candidate at the national 

party nominating conventions, which are 

usually held in July or August. These political conventions are where each party’s 

nominee is actually selected.

In the general election in November, 

Senators and Representatives are elected 

by plurality vote—the candidate receiving 

the most votes wins, even if it is not a majority. In presidential elections, each state 

is allocated a number of electoral votes 

equal to the sum of U.S. Representatives 

and Senators for that state. The District of 

Columbia, though not a state, has three 

electoral votes.

The presidential candidate who wins 

the popular vote in a state “wins” that 

state’s electoral votes, usually in a winnertake-all manner. After elections in each 

state are certifi ed, the electoral votes won 

by each candidate are counted. If a candidate receives a majority of the electoral 

votes (at least 270 of the 538 total), he or 

she is declared the winner. If no candidate 

wins a majority of electoral votes, the U.S. 

House of Representatives chooses the 

winner, with each state delegation having one vote. Because the President is not 

elected directly by the people, it is possible for a candidate to receive a plurality of 

the popular vote and yet lose the election.

HOW THE U.S. IS GOVERNED

Elections and the electoral process
29

The U.S. system of government was 

designed to be deliberative, accessible 

by citizens, and open to a wide variety of 

opinions and interests. Just as the government has evolved and grown over 

time, so too have the institutions that 

seek to infl uence the government.

THE MEDIA

The media in the United States is controlled by the private sector and faces no 

political censorship by the government. 

There is a strong tradition of independent 

newspapers, magazines, television, radio, 

and other forms of media publicizing 

varying opinions, both critical and supportive of government policy.

The media serves at least three 

important functions in infl uencing public policy. First, policy makers are under 

constant scrutiny by the extensive media 

industry. Public offi cials realize that almost 

anything they do or say—even in private 

—may appear in the media, and so are reluctant to make decisions or perform acts 

that they would not want publicized.

Second, the media reports facts and 

conducts independent analysis concerning 

Nongovernmental organizations and institutions 

that infl uence public policy

The then-Governor of Massachusetts Paul Cellucci addresses members of the Cato Institute, a Washington, D.C. 

think tank, 2001. Think tanks, groups of scholars who research and write on public policy, are one of many kinds of 

private organizations in the United States that seek to infl uence the government.
30

public policy issues, thereby educating the 

public. Finally, the media provides a forum 

for publishers and broadcasters (and their 

readers and listeners) to present editorial 

opinions that may infl uence others. Many 

large newspapers, for example, endorse 

particular candidates for offi ce or publish 

guest articles favoring one policy over 

another.

By bringing the acts of public offi cials 

to light, educating the public about the 

issues, and deliberately favoring certain 

candidates and policies, the media can 

infl uence policy directly or, by shaping 

public opinion, indirectly.

SPECIAL INTEREST GROUPS /

NONGOVERNMENTAL ORGANIZATIONS 

(NGOs)

Special interest groups are privatesector organizations whose members 

share common interests or positions on 

public policy, and who pool their resources with the intent of gaining a more prominent voice in policy debates. There are 

literally thousands of such groups representing almost every conceivable interest. 

Some organizations have a long history 

of working towards a general goal, while 

others are formed temporarily to advocate 

for or against a specifi c policy proposal.

Prominent examples of special interest groups are those who advocate for environmental protection, benefi ts for senior 

citizens, protection for minority groups, 

and free trade policies.

PUBLIC POLICY RESEARCH 

ORGANIZATIONS

These organizations, sometimes 

called “think tanks,” conduct original 

research, publish books and articles, and 

prepare position papers on topics related 

to public policy. Their experts are often 

called to testify before Congress, and their 

published works are often cited by others 

to support their own positions.

While some of these groups have a 

distinct partiality towards liberal or conservative policies, many are highly respected as authoritative sources of study 

on matters that affect public policy. Some 

prominent think tanks with a long history 

of contributing to the public policy debate 

include the Brookings Institution, Heritage Foundation, Cato Institute, American 

Enterprise Institute, Center for Strategic 

and International Studies, and the Competitive Enterprise Institute, among 

others.

TRADE ASSOCIATIONS

Trade associations are membership 

organizations that represent the interests 

of a particular industry or profession. 

They communicate the concerns of their 

members to policymakers both in the 

legislative and executive branches. Just 

as importantly, they report back to their 

members about new policies, rules, and 

proposals so that the members are educated about what is required of them.

LABOR UNIONS

While the primary purpose of labor 

unions is to represent their members in 

negotiations with employers, unions also 

play a signifi cant role in infl uencing public 

policy. In speaking for their members, 

their input is considered whenever trade, 

environmental, workplace safety, healthcare, and other key issues are debated.

HOW THE U.S. IS GOVERNED
31

How organizations attempt to 

influence public policy

Various organizations and institutions attempt to infl uence 

policy and public opinion in a variety of ways:

• Educating public offi cials and their staffs about the positive or 

negative effects of policy proposals;

• Conducting advertising campaigns and public relations initiatives supporting their views;

• Arranging for expert opinions and providing facts, data, and 

opinion polls to support their positions;

• Arranging for witnesses to testify before congressional 

committees;

• Encouraging their members to vote, communicate with their 

elected offi cials, and write letters to the media supporting their 

positions;

• Forming political action committees to contribute money to the 

campaigns of candidates who support their positions.
32

Unions are considered infl uential 

because of their ability to mobilize their 

members to vote and speak out. Unlike 

business associations, which typically represent a relatively small number of companies, trade unions represent thousands or 

millions of workers, who are also voters.

INDIVIDUALS AND PRIVATESECTOR BUSINESSES

Private citizens and businesses commonly form coalitions or interest groups 

to make their voices heard in the halls of 

government, but many also take steps on 

their own to infl uence government policy. 

These activities include writing to their 

elected offi cials about particular policies, 

writing letters to the editor of their local 

newspaper, and appearing at hearings 

and other public functions where policy is 

debated.

Because businesses are affected to 

a great degree by government policies, 

many corporations have established 

government relations offi ces to represent 

their interests in Washington. While a primary function of these corporate representatives is to educate and communicate 

to policymakers how proposed legislation will affect 

the corporation, they also 

serve other functions:

• Ensuring that their employers are aware of laws 

and policies that apply to 

them. This facilitates compliance with the law.

• Providing expert, substantive advice about the 

effects of proposed legislation, which can help lawmakers create fairer laws 

with fewer unintended 

consequences.

Corporate representatives who are

effective and principled advocates of

the interests of their companies and

of the business community as a

whole help government arrive at

better-informed ... decisions.”

Bryce Harlow, 1984

STATE AND LOCAL GOVERNMENTAL

 ASSOCIATIONS

Because state and local governments 

can be signifi cantly affected by federal 

government policy, they have formed their 

own associations to ensure that the interests of states, cities, counties, and other 

governments have a voice.

Several major groups in this category are:

• National Governors Association

• National League of Cities

• National Conference of State 

Legislatures

• National Association of Counties

• International City Managers Association

• U.S. Conference of Mayors.

A union offi cial addresses a labor rally in New York City, 2004. This group 

had gathered to demonstrate support for striking grocery store workers in 

California.

HOW THE U.S. IS GOVERNED
33

These organizations are particularly vocal on federal transportation, tax, 

environmental, education, and social 

policy. Federal policymakers often turn 

to state and local governments for advice 

on how best to structure and implement 

programs such as housing, nutrition, and 

healthcare that are funded federally, but 

delivered locally.

POLITICAL PARTIES

There are two major national political 

parties in the United States: the Democratic Party and the Republican Party. 

Together with minor parties, these organizations are an important part of the 

American system of government. Political 

parties recruit candidates for public offi ce 

and help raise funds for political campaigns. Other activities include:

• Conducting voter education programs

• Conducting issue and opinion research

• Providing information about government offi cials and activities.

The minor political parties also provide organized opposition to those in 

power, placing an additional check on 

government power.

FOREIGN GOVERNMENTS AND 

MULTILATERAL ORGANIZATIONS

As the governing power of a sovereign 

nation, the U.S. government is technically 

responsible only to the American people. 

There are ways, however, for foreign governments to infl uence policy in the United 

States. Treaties, for example, become the 

law of the United States when ratifi ed. In 

negotiating these treaties, foreign governments have infl uence over what will 

become U.S. law.

Foreign governments and international bodies can infl uence the U.S. in other 

ways, either directly or indirectly. One 

good example is on trade disputes where 

foreign governments have the authority to impose duties on imports from the 

United States. These governments may 

knowingly target goods from infl uential 

U.S. industries or states, believing that the 

affected parties in the United States will 

call on the government to change policies 

to avoid the duties.

While foreign governments can conduct public relations efforts and lobby 

through their embassies in the United 

States, they cannot contribute fi nancially 

to the campaign of any candidate for 

federal offi ce.

Top: A worker hangs a banner outside Madison Square 

Garden, New York City, in preparation for the 2004 

Republican National Convention. Bottom: A sign hangs 

on Fleet Center, site of the 2004 Democratic 

Convention in Boston.
34

The various levels of government use a wide variety of taxes and fees to pay 

for their operations. The following is a summary of the major sources of revenue for each level of government.

Federal

• Personal and corporate income tax

• Payroll taxes for Social Security and Medicare

• Excise taxes

• Estate and gift taxes

• Customs duties

State

• Personal income tax (43 states)

• Corporate income tax

• State sales tax (45 states)

• Excise taxes

• Business and professional permits and licenses

• Lotteries

• Transfers from the Federal Government

County, municipal and other local

• Real estate and personal property tax

• Commercial property tax

• Sales tax (where allowed by the state)

• Fines for traffi c, parking, and other minor offenses

• Income tax or business gross receipts tax (where allowed by the state)

• Miscellaneous permits, licenses, and fees

HOW THE U.S. IS GOVERNED

Funding government in the United States
35

Appellate: A court that hears cases appealed from lower courts. Some courts 

have both original jurisdiction (that is, 

cases may be tried fi rst in the court) and 

appellate jurisdiction.

Bill: Legislation introduced in either the 

House or the Senate.

Bill of Rights: Name given to the fi rst ten 

amendments to the U.S. Constitution because they specifi cally protect the rights 

of individuals.

Cabinet: The President’s closest advisors, 

consisting of the Vice President and, by 

law, the heads of the 15 Executive Branch 

departments. The President or Congress 

may also accord cabinet-level status to 

other top offi cials.

Caucus: In U.S. presidential politics, a 

system used by some states to select 

delegates to state and national nominating conventions. In a caucus, local party 

members gather to discuss candidates 

and issues, and then vote. In Congress, 

a caucus is a meeting of members of the 

same political party or special interest 

group.

Chamber: A legislative body. The U.S. 

Congress is comprised of two chambers: 

the U.S. Senate and the U.S. House of 

Representatives. Chamber also refers to 

the hall where each body meets to conduct offi cial business.

Checks and balances: System set forth 

in the U.S. Constitution which divides 

governing power between the Executive, 

Legislative, and Judicial Branches. Each 

branch exercises some form of authority 

over the others, thereby balancing power 

across many individuals and institutions.

Conference Committee: A meeting 

between U.S. Representatives and U.S. 

Senators to resolve differences when two 

versions of a similar bill have been passed 

by the House and Senate. Identical bills 

must pass in both chambers before the 

bill can be presented to the President.

Confi rmation: The act of the U.S. Senate 

approving a presidential nominee to an 

executive branch post or federal judgeship.

Congressional Record: The offi cial 

transcript of the proceedings of the U.S. 

Congress.

Constitution: The basic laws and principles of a nation that defi ne the powers 

and responsibilities of government and 

the rights of the people. The United States 

has a written constitution, but constitutions in some other nations are unwritten.

Department: The highest administrative division of the Federal Government, 

comparable to a ministry in parliamentary 

systems. Departments are created by law, 

and the head of a department is called 

a secretary (except for the head of the 

Department of Justice, whose title is Attorney General).

Electoral College: In U.S. presidential 

elections, the Electoral College is the 

group of electors who actually cast ballots for the President. When a voter casts 

a ballot for a presidential candidate, he or 

she is actually voting for a slate of electors 

from their state who will cast their ballots 

for their candidate.

Excise tax: A tax on the production or 

sale of specifi c products. In the United 

States, excise taxes are commonly levied 

at the federal, state, and local levels on 

products such as alcohol and tobacco.

Glossary
36

Markup: An activity of committees and 

subcommittees in the U.S. Congress in 

which proposed legislation is considered 

section by section, debated, revised and/

or amended.

Parliamentarian: In the U.S. Congress, 

the offi cial who, being an expert on House 

or Senate rules and procedures, assists 

the offi cers in legislative procedures, including the assignment of bills to appropriate committees.

Primary: An election held among candidates of the same party to decide which 

one will represent the party in the general 

election.

Proportional representation: System of 

representative government in which the 

political makeup of the legislative branch 

is based on the number of votes each 

party receives.

Republic: System of government in 

which the ultimate powers of government 

rest with the people who elect representatives to formulate policy and carry out the 

laws.

Single-member district: A geographic 

district from which a single member is 

elected by a majority or plurality of the 

popular vote to represent it in a legislative 

body. 

Veto: An act by the President that rejects legislation passed by the Congress, 

thereby preventing its enactment. The 

Congress can override a veto by passing 

the legislation with a two-thirds majority 

in each chamber.

HOW THE U.S. IS GOVERNED
FEDERAL GOVERNMENT

The White House

http://www.whitehouse.gov

Click on “Your Government” for a general 

overview of the structure of the federal 

government and links to the websites of 

executive departments and agency and to 

other branches of government.

USInfo

http://usinfo.state.gov

Thomas

http://thomas.loc.gov/

“Thomas” is a service of the Library of 

Congress, and is an offi cial source of 

legislative information. It contains links 

to congressional calendars, vote records, 

legislation (both proposed and passed), 

and other useful legislative information.

FirstGov.gov

http://www.fi rstgov.gov

FirstGov is the U.S. Government’s offi cial 

Internet portal for information about government benefi ts, services, and information. 

FirstGov also provides links to the websites 

of state, local and tribal governments.

STATE AND LOCAL GOVERNMENT

National Conference of State

Legislatures (NCSL)

http://www.ncsl.org/

Provides current information about 

the structure and activities of state 

legislatures. Click on “Legislatures” and 

“Websites” for links to individual states’ 

legislature websites, state constitutions, 

and legislation.

National Association of Counties 

(NACo)

http://www.naco.org/

Contains general information about the 

structure and responsibilities of county 

governments. Also provides extensive databases with demographic and economic 

statistics for individual counties.

PUBLIC POLICY RESEARCH 

ORGANIZATIONS

Private-sector “think tanks” are often the 

birthplace of new ideas and innovation 

in the public policy arena. Their scholars 

conduct original research and review the 

philosophical, economic, social, cultural 

and political implications of public policies. The following are the websites of 

some infl uential think tanks representing 

a cross-section of the political spectrum:

Brookings Institution

http://www.brookings.org

The Heritage Foundation

http://www.heritage.org

American Enterprise Institute

http://www.aei.org

The Cato Institute

http://www.cato.org

The Urban Institute

http://www.urbaninstitute.org

C-SPAN

http://www.c-span.org/

C-SPAN is a service of the cable television 

industry and provides live television 

coverage of the proceedings of the U.S. 

House of Representatives, the U.S. Senate, 

and other forums where public policy is 

debated or discussed. The C-SPAN website 

provides current and archived news and 

information about politics, public policy 

and governmental actions.

Additional Resources
Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

Legislative Judicial Executive Legislative Judicial Executive Legislative 

Judicial Executive Legislative Judicial Executive Legislative Judicial 

Executive Legislative Judicial Executive Legislative Judicial Executive 

U. S. DEPARTMENT OF STATE

Bureau of International Information Programs

http://usinfo.state.gov/