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Justice Department

Justice Department

:Justice Department redirects here. For other meanings of the term, see Justice Department (disambiguation). The United States Department of Justice (DOJ) is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States according to the law and to ensure fair and impartial administration of justice for all Americans. It is administered by the United States Attorney General, one of the original members of the cabinet.

History

Initially the Attorney General was a one-person, part-time job, established by the Judiciary Act of 1789, but this grew with the bureaucracy. At one time the Attorney General gave legal advice to U.S. Congress as well as the President, but this had stopped by 1819 on account of the workload involved. In 1867, the U.S. House Committee on the Judiciary, led by William Lawrence, conducted an inquiry into the creation of a "law department" headed by the Attorney General and composed of the various department solicitors and district attorneys. On February 19, 1868, Lawrence introduced a bill in Congress to create the Department of Justice. This first bill was unsuccessful, however, as Lawrence could not devote enough time to ensure its passage owing to his occupation with the impeachment of President Andrew Johnson. At last, eighty-one years after the establishment of the Office of the Attorney General, the Department of Justice was established. A second bill was introduced to Congress by Rhode Island Representative Thomas Jenckes on February 25, 1870, and both the Senate and House passed the bill. President Ulysses S. Grant signed the bill into law on June 22, 1870. Officially, the Department of Justice began operations on July 1, 1870. The bill, called the "Act to Establish the Department of Justice", did little to change the Attorney General's responsibilities, and his salary and tenure remained the same. The law did create a new office, that of Solicitor General, to supervise and conduct government litigation in the Supreme Court of the United States. Various efforts, none entirely successful, have been made to determine the meaning of the Latin motto appearing on the Department of Justice seal, Qui Pro Domina Justitia Sequitur. It is not even known exactly when the original version of the DOJ seal itself was adopted, or when the motto first appeared on the seal. The most authoritative opinion of the DOJ suggests that the motto refers to the Attorney General (and thus to the Department of Justice) "who prosecutes on behalf of justice (or the Lady Justice)".

Operating units


- Antitrust Division
- Asset Forfeiture Program
- Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE or ATFE)
- Civil Division
- Civil Rights Division
- Community Oriented Policing Services (COPS)
- Community Relations Service
- Criminal Division
  - U.S. DOJ Office of Special Investigations(OSI)
- Drug Enforcement Administration (DEA)
  - Diversion Control Program
- Environment and Natural Resources Division
- Executive Office for Immigration Review
- Executive Office for U.S. Attorneys (see also U.S. Attorney)
- Executive Office for U.S. Trustees
- Federal Bureau of Investigation (FBI)
- Federal Bureau of Prisons
  - National Institute of Corrections
- Foreign Claims Settlement Commission of the United States
- INTERPOL — U.S. National Central Bureau
- Justice Management Division
- National Crime Information Center
- National Drug Intelligence Center
- National Security Service
- Office of the Associate Attorney General
- Office of the Attorney General
- Office of Attorney Recruitment and Management
- Office of the Deputy Attorney General
- Office of Dispute Resolution
- Office of Information and Privacy
- Office of the Inspector General
- Office of Intelligence Policy and Review
- Office of Intergovernmental Affairs
- Office of Justice Programs (OJP)
  - American Indian and Alaska Native Affairs Desk
  - Bureau of Justice Assistance
  - Bureau of Justice Statistics (BJS)
  - Community Dispute Resolution
  - Corrections Program Office
  - Drug Courts Program Office
  - Executive Office for Weed and Seed
  - National Criminal Justice Reference Service
  - National Institute of Justice (NIJ)
  - Office of Juvenile Justice and Delinquency Prevention
  - Office for Victims of Crime
  - Violence Against Women Office
- Office of Legal Counsel
- Office of Legal Policy
- Office of Legislative Affairs
- Office of the Ombudsperson
- Office of the Pardon Attorney
- Office of Professional Responsibility
- Office of Public Affairs
- Office of the Solicitor General
- Office of Tribal Justice
- Tax Division
- U.S. Attorneys
- United States Marshals Service
- U.S. Parole Commission
- U.S. Trustee Program In March 2003, the United States Immigration and Naturalization Service was abolished and its functions transferred to the United States Department of Homeland Security. The Executive Office for Immigration Review and the Board of Immigration Appeals which review decisions made by government officials under Immigration and Nationality law remain under jursidiction of the Department of Justice.

See also

United States Assistant Attorney General

External link


- [http://www.usdoj.gov/ United States Department of Justice website] Justice Department of Justice
-

Justice Department (disambiguation)


- United States Department of Justice
- Justice Department (animal rights): a militant animal-rights group

United States

:For alternative meanings, see the disambiguation page for US, USA, United States, or American. The United States of America is a federal democratic republic situated primarily in central North America. It comprises 50 states and one federal district, and has several territories. It is also referred to, with varying formality, as the United States, the U.S., the U.S.A., the States, or simply and most commonly, America. The official founding date of the United States is July 4, 1776, when the Second Continental Congress—representing thirteen British colonies—adopted the Declaration of Independence. However, the structure of the government was profoundly changed in 1788, when the states replaced the Articles of Confederation with the United States Constitution. The date on which each of the fifty states adopted the Constitution is typically regarded as the date that state "entered the Union" (became part of the United States). Since the mid-20th century, following World War II, the United States has emerged as a dominant global influence in economic, political, military, scientific, technological, and cultural affairs.

Geography and climate

The United States shares land borders with Canada (to the north) and Mexico (to the south), and territorial water boundaries with Canada, Russia, the Bahamas, and numerous smaller nations. It is otherwise bounded by the Pacific Ocean and the Bering Sea, in the west; the Arctic Ocean, in the northernmost areas; and the Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea, in the eastern and southeastern areas. Forty-eight of the states are in the single region between Canada and Mexico; this group is referred to, with varying precision and formality, as the continental or contiguous United States, sometimes abbreviated CONUS, and as the Lower 48. Alaska, which is not included in the term contiguous United States, is at the northwestern end of North America, separated from the Lower 48 by Canada. The archipelago of Hawaii is in the Pacific Ocean. The capital city, Washington, District of Columbia is a federal district located on land donated by the state of Maryland. (Virginia also donated land, but it was returned in 1847.) The United States also has overseas territories with varying levels of independence and organization. When inland water is included in the total area, only Russia and Canada are larger than the United States; if inland water is excluded, China ranks third and the U.S. ranks fourth. The United States' total area is 3,718,711 square miles (9,631,418 km²), of which land makes up 3,537,438 square miles (9,161,923 km²) and water makes up 181,273 square miles (469,495 km²). The United States' landscape is one of the most varied among those of the world's nations: among its many features are temperate forestland and rolling hills, on the east coast; mangrove, in Florida; the Great Plains, in the center of the country; the Mississippi–Missouri river system; the Great Lakes, four of the five of which are shared with Canada; the Rocky Mountains, west of the Great Plains; deserts and temperate coastal zones, west of the Rocky Mountains; and temperate rain forests, in the Pacific northwest. Alaska's tundra, and the volcanic, tropical islands of Hawaii add to the geographic diversity. Hawaii The climate varies along with the landscape, from tropical in Hawaii and southern Florida to tundra in Alaska and atop some of the highest mountains. Most of the North and East experience a temperate continental climate, with warm summers and cold winters. Most of the South experiences a subtropical humid climate with mild winters and long, hot, humid summers. Rainfall decreases markedly from the humid forests of the Eastern Great Plains to the semi-arid shortgrass prairies on the high plains abutting the Rocky Mountains. Arid deserts, including the Mojave, extend through the lowlands and valleys of the southwest, from westernmost Texas to California and northward throughout much of Nevada. Some parts of California have a Mediterranean climate. Rainforests line the windward mountains of the Pacific Northwest from Oregon to Alaska.

History

American history started with the migration of people from Asia across the Bering land bridge approximately 12,000 years ago following large animals that they hunted into the Americas. These Native Americans left evidence of their presence in petroglyphs, burial mounds, and other artifacts. It is estimated that 2-9 million people lived in the territory now occupied by the U.S. before European contact, and the subsequent introduction of foreign diseases such as small pox that greatly diminished the native populations. Some advanced societies were the Anasazi of the southwest, who inhabited Chaco Canyon, and the Woodland Indians, who built Cahokia, located near present-day St Louis, a city with a population of 40,000 at its peak in AD 1200. Vikings first visited North America around 1000, but did not settle permanently. Following the discovery voyages of Christopher Columbus around 1492, other Europeans began to explore and settle there. During the 1500s and 1600s, the Spanish settled parts of the present-day Southwest and Florida, founding St. Augustine, Florida in 1565 and Santa Fe (in what is now New Mexico) in 1607. The first successful English settlement was at Jamestown, Virginia, also in 1607. Within the next two decades, several Dutch settlements, including New Amsterdam (the predecessor to New York City), were established in what are now the states of New York and New Jersey. In 1637, Sweden established a colony at Fort Christina (in what is now Delaware), but lost the settlement to the Dutch in 1655. This was followed by extensive British settlement of the east coast. The British colonists remained relatively undisturbed by their home country until after the French and Indian War, when France ceded Canada and the Great Lakes region to Britain. Britain then imposed taxes on the 13 colonies, widely regarded by the colonists as unfair because they were denied representation in the British Parliament. Tensions between Britain and the colonists increased, and the thirteen colonies eventually rebelled against British rule. British Parliament, George Washington (1789-1797).]] In 1776, the 13 colonies split from Great Britain and formed the United States, the world's first constitutional and democratic federal republic, after their Declaration of Independence of that year, and the Revolutionary War (1775 to 1783). The original political structure was a confederation in 1777, ratified in 1781 as the Articles of Confederation. After long debate, this was supplanted by the Constitution in 1789, forming a more centralized federal government. Prior to all these was the Albany Congress in 1754, in which a union was first seriously proposed. From early colonial times, there was a shortage of labor, which encouraged unfree labor, particularly indentured servitude and slavery. In the mid-19th century, a major division occurred in the United States over the issue of states' rights and the expansion of slavery. The northern states had become opposed to slavery, while the southern states saw it as necessary for the continued success of southern agriculture and wanted it expanded to the territories. Several federal laws were passed in an attempt to settle the dispute, including the Missouri Compromise and the Compromise of 1850. The dispute reached a crisis in 1861, when seven southern states seceded1 from the Union and formed the Confederate States of America, leading to the Civil War. Soon after the war began, four more southern states seceded. During the war, Abraham Lincoln issued the Emancipation Proclamation, mandating the freedom of all slaves in states in rebellion, though full emancipation did not take place until after the end of the war in 1865, the dissolution of the Confederacy, and the Thirteenth Amendment took effect. The Civil War effectively ended the question of a state's right to secede, and is widely accepted as a major turning point after which the federal government became more powerful than state governments. Thirteenth Amendment). The title of the painting, from a 1726 poem by Bishop Berkeley, was a phrase often quoted in the era of Manifest Destiny, expressing a widely held belief that civilization had steadily moved westward throughout history. [http://americanart.si.edu/t2go/1lw/1931.6.1.html (more)] ]] During the 19th century, many new states were added to the original 13 as the nation expanded across the continent. Manifest Destiny was a philosophy that encouraged westward expansion in the United States. As the population of the Eastern states grew and as a steady increase of immigrants entered the country, settlers moved steadily westward across North America. In the process, the U.S. displaced most American Indian nations. This displacement of American Indians continues to be a matter of contention in the U.S. with many tribes attempting to assert their original claims to various lands. In some areas American Indian populations were reduced by foreign diseases contracted through contact with European settlers, and US settlers acquired those emptied lands. In other instances American Indians were removed from their traditional lands by force. Though some would say the U.S. was not a colonial power until the Spanish-American War when it acquired Puerto Rico, Guam and the Philippines, the dominion exercised over land in North America the United States claimed is essentially colonial. The Philippines became independent in 1946. During this period, the nation also became an industrial power. This continued into the 20th century, which has been termed "the American Century" because of the nation's overriding influence on the world. The US became a center for innovation and technological development; major technologies that America either developed or was greatly involved in improving include the telephone, television, computer, the Internet, nuclear weapons, nuclear power, aviation, and aeronautics. In addition to the Civil War, another major traumatic experience for the nation was the Great Depression (1929 to 1939). The nation has also taken part in several major foreign wars, including World War I and World War II (in both of which the US later joined the Allies). During the Cold War, the US was a major player in the Korean War and Vietnam War, and, along with the Soviet Union, was considered one of the world's two "superpowers". With the collapse of the Soviet Union, the US emerged as the world's leading economic and military power. Beginning in the 1990s, the United States became very involved in police actions and peacekeeping, including actions in Kosovo, Haiti, Somalia and Liberia, and the first Persian Gulf War driving Iraq out of Kuwait. After attacks on the World Trade Center and the Pentagon on September 11, 2001, the United States and other allied nations found themselves involved in what has come to be called the "War on Terrorism," which has primarily encompassed military actions in both Afghanistan and Iraq.

Government

Iraq of the United States.]]

Republic and suffrage

The United States is an example of a constitutional republic, with a government composed of and operating through a set of limited powers imposed by its design and enumerated in the United States Constitution. Specifically, the nation operates as a presidential democracy. There are three levels of government: federal, state, and local. Officials of each of these levels are either elected by eligible voters via secret ballot or appointed by other elected officials. Americans enjoy almost universal suffrage from the age of 18 regardless of race, sex, or wealth. There are some limits, however: felons are disenfranchised and in some states former felons are likewise. Furthermore, the national representation of territories and the federal district of Washington, DC in Congress is limited: residents of the District of Columbia are subject to federal laws and federal taxes but their only Congressional representative is a non-voting delegate.

Federal government

The federal government is the national government, comprising the Legislative Branch (led by Congress), the Executive Branch (led by the President), and the Judicial Branch (led by the Supreme Court). These three branches were designed to apply checks and balances on each other. The Constitution limits the powers of the federal government to defense, foreign affairs, the issuing and management of currency, the management of trade and relations between the states, and the protection of human rights. In addition to these explicitly stated powers, the federal government—with the assistance of the Supreme Court—has gradually extended these powers into such areas as welfare and education, on the basis of the "necessary and proper" clause of the Constitution.

The Congress

necessary and proper The Congress of the United States is the legislative branch of the federal government of the United States. It is bicameral, comprising the House of Representatives and the Senate. The House of Representatives consists of 435 members, each of whom represents a congressional district and serves for a two-year term. House seats are apportioned among the states by population; in contrast, each state has two Senators, regardless of population. There are a total of 100 senators, who serve six-year terms. The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. The Constitution also includes the necessary-and-proper clause, which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers."

The President

necessary-and-proper clause At the top level of the executive branch is the President of the United States. The President and Vice-President are elected as 'running mates' for four-year terms by the Electoral College, for which each state, as well as the District of Columbia, is allocated a number of seats based on its representation (or ostensible representation, in the case of D. C.) in both houses of Congress (see U.S. Electoral College). The relationship between the President and the Congress reflects that between the English monarchy and parliament at the time of the framing of the United States Constitution. Congress can legislate to constrain the President's executive power, even with respect to his or her command of the armed forces; however, this power is used only very rarely—a notable example was the constraint placed on President Richard Nixon's strategy of bombing Cambodia during the Vietnam War. The President cannot directly propose legislation, and must rely on supporters in Congress to promote his or her legislative agenda. The President's signature is required to turn congressional bills into law; in this respect, the President has the power—only occasionally used—to veto congressional legislation. Congress can override a presidential veto with a two-thirds majority vote in both houses. The ultimate power of Congress over the President is that of impeachment or removal of the elected President through a House vote, a Senate trial, and a Senate vote. The threat of using this power has had major political ramifications in the cases of Presidents Andrew Johnson, Richard Nixon, and Bill Clinton. The President makes around 2,000 executive appointments, including members of the Cabinet and ambassadors, which must be approved by the Senate; the President can also issue executive orders and pardons, and has other Constitutional duties, among them the requirement to give a State of the Union address to Congress once a year. Although the President's constitutional role may appear to be constrained, in practice, the office carries enormous prestige that typically eclipses the power of Congress: the Presidency has justifiably been referred to as 'the most powerful office in the world'. The Vice President is first in the line of succession, and is the President of the Senate ex officio, with the ability to cast a tie-breaking vote. The members of the President's Cabinet are responsible for administering the various departments of state, including the Department of Defense, the Justice Department, and the State Department. These departments and department heads have considerable regulatory and political power, and it is they who are responsible for executing federal laws and regulations. George W. Bush is the 43rd President, currently serving his second term.

The Courts

George W. Bush The highest court is the Supreme Court, which consists of nine justices. The court deals with federal and constitutional matters, and can declare legislation made at any level of the government as unconstitutional, nullifying the law and creating precedent for future law and decisions. Below the Supreme Court are the courts of appeals, and below them in turn are the district courts, which are the general trial courts for federal law. Separate from, but not entirely independent of, this federal court system are the individual court systems of each state, each dealing with its own laws and having its own judicial rules and procedures. A case may be appealed from a state court to a federal court only if there is a federal question; the supreme court of each state is the final authority on the interpretation of that state's laws and constitution.

State and local governments

supreme court of each state. Note that Alaska and Hawaii are shown at different scales, and that the Aleutian Islands and the uninhabited Northwestern Hawaiian Islands are omitted from this map.]] The state governments have the greatest influence over people's daily lives. Each state has its own written constitution and has different laws. There are sometimes great differences in law and procedure between the different states, concerning issues such as property, crime, health, and education. The highest elected official of each state is the Governor. Each state also has an elected legislature (bicameral in every state except Nebraska), whose members represent the different parts of the state. Of note is the New Hampshire legislature, which is the third-largest legislative body in the English-speaking world, and has one representative for every 3,000 people. Each state maintains its own judiciary, with the lowest level typically being county courts, and culminating in each state supreme court, though sometimes named differently. In some states, supreme and lower court justices are elected by the people; in others, they are appointed, as they are in the federal system. The institutions that are responsible for local government are typically town, city, or county boards, making laws that affect their particular area. These laws concern issues such as traffic, the sale of alcohol, and keeping animals. The highest elected official of a town or city is usually the mayor. In New England, towns operate directly democratically, and in some states, such as Rhode Island and Connecticut, counties have little or no power, existing only as geographic distinctions. In other areas, county governments have more power, such as to collect taxes and maintain law enforcement agencies.

Political divisions

With the Declaration of Independence, the thirteen colonies proclaimed themselves to be nation states modeled after the European states of the time. Although considered as sovereigns initially, under the Articles of Confederation of 1781 they entered into a "Perpetual Union" and created a fully sovereign federal state, delegating certain powers to the national Congress, including the right to engage in diplomatic relations and to levy war, while each retaining their individual sovereignty, freedom and independence. But the national government proved too ineffective, so the administrative structure of the government was vastly reorganized with the United States Constitution of 1789. Under this new union, the continued status of the individual states as sovereign nation states fell into dispute in 1861, as several states attempted to secede from the union; in response, then-President Abraham Lincoln claimed that such secession was illegal, and the result was the American Civil War. Since the Union victory in 1865, the independent status of the individual states has not been broached again by any state, and the status of each state within the union has been deemed by mainstream officials and academics to be settled as being subordinate to the union as a whole. In subsequent years, the number of states grew steadily due to western expansion, the purchase of lands by the national government from other nation states, and the subdivision of existing states, resulting in the current total of 50. The states are generally divided into smaller administrative regions, including counties, cities and townships. The United States–Canadian border is the longest undefended political boundary in the world. The U.S. is divided into three distinct sections:
- the "continental United States," also known as "the Lower 48" and more accurately termed the conterminous, coterminous or contiguous United States
- Alaska, which is physically connected only to Canada
- the archipelago of Hawaii, in the central Pacific Ocean. The United States also holds several other territories, districts, and possessions, notably the federal district of the District of Columbia, which is the nation's capital, and several overseas insular areas, the most significant of which are American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands. The Palmyra Atoll is the United States' only incorporated territory; it is unorganized and uninhabited. The United States Navy has held a base at a portion of Guantanamo Bay, Cuba, since 1898. The United States government possesses a lease to this land, which only mutual agreement or United States abandonment of the area can terminate. The present Cuban government of Fidel Castro disputes this arrangement, claiming Cuba was not truly sovereign at the time of the signing. The United States argues this point moot because Cuba apparently ratified the lease post-revolution, and with full sovereignty, when it cashed one rent check in accordance with the disputed treaty.

Foreign relations and military

sovereign] The immense military and economic dominance of the United States has made foreign relations an especially important topic in its politics, with considerable concern about the image of the United States throughout the world. Reactions towards the United States by other nationalities are often strong, ranging from uninhibited admiration and mimicking of all things American to anti-Americanism. US foreign policy has swung about several times over the course of its history between the poles of strict isolationism and imperialism and everywhere in between. Three of the nation's four military branches are administered by the Department of Defense: the Army, the Navy (including the Marine Corps), and the Air Force. The Coast Guard falls under the jurisdiction of the Department of Homeland Security in peacetime, but is placed under the Department of the Navy in time of war. The combined United States armed forces consist of 1.4 million active duty personnel, along with several hundred thousand each in the Reserves and the National Guard. Military conscription ended in 1973. The United States Armed forces are considered to be the most powerful military (of any sort) on Earth and their force projection capabilities are unrivaled by any other nation. The 2005 defense budget amounted to $401.7 billion, which is an increase of 4% over 2004 and of 35% since 2001. Over 50% of that number is spent in research & development. (For comparison, in 2004 the European Union (considered as the second-largest military force) had a combined total of 1.6 million troops, and a defense budget of €160 billion, with less than 10% of that being spent on R&D.)

Largest cities

The United States has dozens of major cities, including 11 of the 55 global cities of all types — with three "alpha" global cities: New York City, Los Angeles, and Chicago. The figures expressed below are for populations within city limits. A different ranking is evident when considering U.S. metro area populations, although the top three would be unchanged. Note that some cities not listed (such as Atlanta, Boston, Las Vegas, Miami, Nashville, New Orleans, Seattle, and Washington, D.C.) are still considered important on the basis of other factors and issues, including culture, economics, heritage, and politics. The twenty largest cities, based on the United States Census Bureau's 2004 estimates, are as follows:

Economy

The United States has the largest single-country economy in the world, with a per-capita gross domestic product of $40,100. In this market-oriented economy, private individuals and business firms make most of the decisions, and the federal and state governments buy needed goods and services predominantly in the private marketplace. gross domestic product The largest industry of the U.S. is now service, which employs roughly three quarters of the U.S. work force. The United States has many natural resources, including oil and gas, metals, and such minerals as gold, soda ash, and zinc. In agriculture, the U.S. is a top producer of, among other crops, corn, soy beans, and wheat; the United States is a net exporter of food. The U.S. manufacturing sector produces goods such as, cars, airplanes, steel, and electronics, among many others. Economic activity varies greatly from one part of the country to another, with many industries being largely dependent on a certain city or region; New York City is the center of the American financial, publishing, broadcasting, and advertising industries; Silicon Valley is the country’s primary location for high-technology companies, while Los Angeles is the most important center for film production. The Midwest is known for its reliance on manufacturing and heavy industry, with Detroit, Michigan, serving as the center of the American automotive industry; the Great Plains are known as the "breadbasket" of America for their tremendous agricultural output; the intermountain region serves as a mining hub and natural gas resource; the Pacific Northwest for fish and timber, while Texas is largely associated with the oil industry; the Southeast is a major hub for both medical research and the textiles industry. Several countries continue to link their currency to the dollar or even use it as a currency (such as Ecuador), although this practice has subsided since the collapse of the Bretton Woods system. Many markets are also quoted in dollars, such as those of oil and gold. The dollar is also the predominant reserve currency in the world, and more than half of global reserves are in dollars. The largest trading partner of the United States is Canada (19%), followed by China (12%), Mexico (11%), and Japan (8%). More than 50% of total trade is with these four countries. In 2003, the United States was ranked as the third most visited tourist destination in the world; its 40,400,000 visitors ranked behind France's 75,000,000 and Spain's 52,500,000. Labor unions have existed since the 19th century, and grew large and powerful from the 1930s to the 1950s. See Labor history of the United States. Since 1970 they have shrunk in the private sector and now cover fewer than 8% of the workers. However union membership has grown rapidly in the public sector, especially among teachers, nurses, police, postal workers, and municipal clerks. There have been few strikes in recent years. The United States' imports exceed exports by 80%, leading to an annual trade deficit of $700,000,000,000, or 6% of gross domestic product. It is the largest debtor nation in the world, with total gross foreign debt of over $13,000,000,000,000 (2005 estimate); and it absorbs more than 50% of global savings annually. Since the 1980s, the U.S. has increased the use of neoliberal economic policies that reduce government intervention and reduce the size of the welfare state, backing away from the more interventionist Keynsian economic policies that had been in favor since the Great Depression. As a result, the United States provides fewer government-delivered social welfare services than most industrialized nations, choosing instead to keep its tax burden lower and relying more heavily on the free market and private charities. Sixteen states and the District of Columbia have minimum wages higher than the national level ($5.15 per-hour), including the highest, Washington State at $7.35. Twenty-six states are the same as the federal level; two--Ohio and Kansas--are below; and six do not have state laws. America's wealth is relatively highly concentrated. The average C.E.O. earns 500 times the typical amount a worker grosses, this is up from 25 times in the late 1970s. In terms of wealth the top 1% of Americans own 40% of all assets and 50.1% of the country's income goes to the top twenty percent of households. Average wages for the majority of employees have been largely stagnating since the 1970s. America's poverty line defined as a family of four earning less than $19,157 is at 12.7% of the general population. Approximately one out of every five children in the United States grows up below the official poverty line. Among racial groups; African Americans have the lowest median income while Asians had the highest. Regionally, the southern states had the lowest median incomes while the West Coast and New England had the highest. The current Federal Reserve Chairman Alan Greenspan remarked that the U.S.’s growing income inequality since the 1970s is, "not the type of thing which a democratic society - a capitalist democratic society - can really accept without addressing."[http://www.csmonitor.com/2005/0614/p01s03-usec.html?s=itm] However, Greenspan also noted, "...you can look at the system and say it's got a lot of problems to it, and sure it does. It always has. But you can't get around the fact that this is the most extraordinarily successful economy in history."

Transportation

Alan Greenspan ]] Because the United States is a relatively young nation, most of the development of U.S. cities has taken place since the invention of the automobile. To link its vast territory, the United States built a network of high-capacity, high-speed highways, of which the most important element is the Interstate Highway system, commissioned in the 1950s by President Dwight D. Eisenhower and modeled after the German Autobahn. The United States also has a transcontinental rail system, which is used for moving freight across the lower forty-eight states. Passenger rail service is provided by Amtrak, which serves forty-six of the lower forty-eight states. Many cities in the United States have extensive mass-transit systems. New York City operates one of the world's largest and most heavily used subway systems. The regional rail and bus networks that extend into Long Island, New Jersey, Upstate New York, and Connecticut are among the most heavily used in the world. Air travel is often preferred for destinations over 300 miles (500 kilometers) away. In terms of passengers, seventeen of the world's thirty busiest airports in 2004 were in the U.S., including the world's busiest, Hartsfield-Jackson Atlanta International Airport; in terms of cargo, in the same year, twelve of the world's thirty busiest airports were in the U.S., including the world's busiest, Memphis International Airport. There are several major seaports in the United States; the three busiest are the Port of Los Angeles, California; the Port of Long Beach, California; and the Port of New York and New Jersey. Others include Houston, Texas; Charleston, South Carolina; Savannah, Georgia; Miami, Florida; Portland, Oregon; San Francisco, California; Boston, Massachusetts; Philadelphia, Pennsylvania; and Seattle, Washington; plus, outside the contiguous forty-eight states, Anchorage, Alaska, and Honolulu, Hawaii.

Society

Demographics

Hawaii The mean center of the U.S. population continues to drift farther west and south. The fastest growing region is the western United States followed by the southern portion. According to Census 2000, the states that saw the greatest increases from 1990 were: Nevada (66.3%), Arizona (40%), Colorado (30.6%), Utah (29.6%), Idaho (28.5%), Georgia (26.4%), Florida (23.5%), Texas (22.8%), North Carolina (21.4%), and Washington (21.1%). [http://www.census.gov/population/cen2000/phc-t2/tab03.pdf]

Ethnicity and race

:Main article: Racial demographics of the United States The United States is a very racially diverse country. According to the 2000 census, it has 31 ethnic groups with at least one million members each, and numerous others represented in smaller amounts. The majority of Americans descend from white European immigrants who arrived at the establishment of the first colonies (most after Reconstruction). This majority--69.1% in 2000--decreases each year, and is expected to become a plurality within a few decades. The most frequently stated European ancestries are German (15.2%), Irish (10.8%), English (8.7%), Italian (5.6%) and Scandinavian (3.7%). Many immigrants also hail from Slavic countries such as Poland and Russia. Other significant immigrant populations came from eastern and southern Europe and French Canada. Russia Hispanics from Mexico and South and Central America are the largest minority group in the country, comprising 12.5% of the population (2000 census). People of Mexican descent made up 7.3% of the population in the 2000 census, and this proportion is expected to increase significantly in the coming decades. About 12.3% (2000 census) of the American people are African Americans (Blacks). African Americans are spread throughout the country, but their presence is largest in the South. Asian Americans--including Native Hawaiians and Pacific Islanders--are a third significant minority (3.7% of the population in 2000). Most Asian Americans are concentrated on the West Coast and Hawaii. The largest groups are immigrants or descendants of emigrants from the Philippines, China, India, Vietnam, South Korea, and Japan. Indigenous peoples in the United States, such as American Indians and Inuit, make up 0.9% of the population (2000 census). About 35% live on Indian reservations.

Religion

Polls estimate that just under 80 percent of Americans are Christians of various denominations. The other 20 percent comprises other religions such as Hinduism, Judaism, Islam, and Buddhism, other various faiths, and those without a specific religion. The United States is noteworthy among developed nations for its relatively high level of religiosity. According to a 2004 Gallup poll, about 44% of Americans attend a religious service at least once a week. However, this rate is not uniform across the country; attendance is more common in the Bible Belt—composed largely of Southern and Midwestern states—than in the Northeast and West Coast. In the Southern states, Baptists are the largest group, followed by Methodists; Roman Catholics are dominant in the Northeast and in large parts of the Midwest due to their being settled by descendants of Catholic immigrants from Europe (such as Germany, Ireland, Italy, and Poland) or other parts of North America (mainly Quebec and Puerto Rico). The rest of the country for the most part has a complex mixture of various Christian groups.

Education

West Coast's home at Monticello and the University of Virginia (library building shown above, and designed by Jefferson), the only collegiate campus on the list. Both sites are located in Charlottesville, Virginia.]] In the United States, education is a state, not federal, responsibility, and the laws and standards vary considerably. However, the federal government, through the Department of Education, is involved with funding of some programs and exerts some influence through its ability to control funding. In most states, all students must attend mandatory schooling starting with kindergarten, which children normally enter at age 5, and following through 12th grade, which is normally completed at age 18

Government of the United States

Legislative branch

Article I of the Constitution grants all legislative powers of the federal government to the Congress, which is divided into two chambers, a Senate and a House of Representatives. The Senate is composed of two members from each state as provided by the Constitution. Its current membership is 100. Membership in the House is based on each state's population, and its size is therefore not specified in the Constitution. Its current membership is fixed by statute at 435. Members of the House and Senate are elected by first-past-the-post voting in every state except Louisiana, which has runoffs. The Constitution does not specifically call for the establishment of U.S. Congressional committees. As the nation grew, however, so did the need for investigating pending legislation more thoroughly. The 108th Congress (2003-2004) had 19 standing committees in the House and 17 in the Senate, plus four joint permanent committees with members from both houses overseeing the Library of Congress, printing, taxation, and the economy. In addition, each house can name special, or select, committees to study specific problems. Because of an increase in workload, the standing committees have also spawned some 150 subcommittees. The Congress has the responsibility to monitor and influence aspects of the executive branch. Congressional oversight prevents waste and fraud, protects civil liberties and individual rights, ensures executive compliance with the law, gathers information for making laws and educating the public, and evaluates executive performance. It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency. Congress's oversight function takes many forms:
- Committee inquiries and hearings;
- Formal consultations with and reports from the President;
- Senate advice and consent for presidential nominations and for treaties;
- House impeachment proceedings and subsequent Senate trials;
- House and Senate proceedings under the 25th Amendment in the event that the President becomes disabled, or the office of the Vice President falls vacant;
- Informal meetings between legislators and executive officials;
- Congressional membership on governmental commissions;
- Studies by congressional committees and support agencies such as the Congressional Budget Office, and the Government Accountability Office, both of which are arms of Congress.

Executive branch

Article II of the Constitution establishes the Executive branch of Government.

President

The President of the United States is both the head of state and head of government, as well as the commander-in-chief of the military. The office of President of the United States is one of the most powerful offices of its kind in the world. The President, the Constitution says, must "take care that the laws be faithfully executed." To carry out this responsibility, he presides over the executive branch of the federal government, a vast organization numbering about 4 million people, including 1 million active-duty military personnel. In addition, the President has important legislative and judicial powers. Within the executive branch itself, the President has broad constitutional powers to manage national affairs and the workings of the federal government, and may issue executive orders to effect internal policies. The President may veto legislation passed by Congress; he may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for "treason, bribery, or other high crimes and misdemeanors." The President may not dissolve Congress or call special elections, but does have the power to pardon criminals convicted of federal offences (though not crimes against a state), give executive orders, and (with the consent of the Senate) appoint Supreme Court justices and federal judges.

Vice President

The Vice President of the United States is the second-highest executive official of the United States government. As first in the presidential line of succession, the Vice President becomes the new President of the United States upon the death, resignation, or removal of the President, which has happened nine times. Beyond serving this role, the only duty required by the U.S. Constitution is that the Vice President serve as the President of the Senate, and to break any tie votes in that chamber. Informally, the Vice President serves as an advisor to the President and as a drafter and spokesperson for the administration's policy. In modern times, the Vice President has gone on to become their party's presidential nominee in the next election when the incumbent President is either unable to run again due to the two term limit established by the 22nd Amendment, or for other reasons decides not to seek a second term.

Cabinet and executive departments

The day-to-day enforcement and administration of federal laws is in the hands of the various federal executive departments, created by Congress to deal with specific areas of national and international affairs. The heads of the 15 departments, chosen by the President and approved with the "advice and consent" of the U.S. Senate, form a council of advisors generally known as the President's "Cabinet." In addition to departments, there are a number of staff organizations grouped into the Executive Office of the President. These include the White House staff, the National Security Council, the Office of Management and Budget, the Council of Economic Advisers, the Office of the U.S. Trade Representative, the Office of National Drug Control Policy and the Office of Science and Technology Policy. There is also a number of independent agencies such as the Central Intelligence Agency, the Food and Drug Administration and the Environmental Protection Agency.

White House staff

In addition, the President is advised and supported by several hundred White House political appointees, often referred to as the country's "best and brightest" because of the White House's history of attracting extremely capable and intelligent such appointees. All of these political employees serve at the pleasure of the President, which means they typically leave the White House when administrations change.

Judicial branch

Article III of the Constitution states the basis for the federal court system: "The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish." The federal judiciary consists of the Supreme Court of the United States, whose nine justices are appointed for life by the President and confirmed by the Senate, and various "lower" or "inferior courts," among which are the United States courts of appeals and the United States district courts. With this guide, the first Congress divided the nation into judicial districts and created federal courts for each district. From that beginning has evolved the present structure: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress today retains the power to create and abolish federal courts, as well as to determine the number of judges in the federal judiciary system. It cannot, however, abolish the Supreme Court. There are three levels of federal courts with general jurisdiction, meaning that these courts handle criminal cases and civil law suits between individuals. The other courts, such as the bankruptcy courts and the tax court, are specialized courts handling only certain kinds of cases. The bankruptcy courts are branches of the district courts, but technically are not considered part of the "Article III" judiciary because their judges are not appointed to serve during good behavior. Similarly, the tax court is not an Article III court. The United States district courts are the "trial courts" where cases are filed and decided. The United States courts of appeals are "appellate courts" that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies. The Supreme Court of the United States hears appeals from the decisions of the courts of appeals or state supreme courts (on constitutional matters), as well as having original jurisdiction over a very small number of cases. The judicial power extends to cases arising under the Constitution, an act of Congress, or a treaty of the United States; cases affecting ambassadors, ministers, and consuls of foreign countries in the United States; controversies in which the U.S. government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases. The Eleventh Amendment removed from federal jurisdiction cases in which citizens of one state were the plaintiffs and the government of another state was the defendant. It did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant. The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. Article III has resulted in a complex set of relationships between state and federal courts. Ordinarily, federal courts do not hear cases arising under the laws of individual states. However, some cases over which federal courts have jurisdiction may also be heard and decided by state courts. Both court systems thus have exclusive jurisdiction in some areas and concurrent jurisdiction in others. The Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior". Usually they serve until they die, retire, or resign. A judge who commits an offense while in office may be impeached in the same way as the President or other officials of the federal government. U.S. judges are appointed by the President and confirmed by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any judge—Congress could enact a new lower salary applying to future judges, but not to those already serving.

References


- Constitution of the United States of America
- United States Code
- Executive Order

See also

President


- President of the United States
- United States Cabinet
- United States Federal Executive Departments
- Executive Office of the President of the United States

Congress


- United States Congress
- United States Senate
- United States House of Representatives

Courts


- Supreme Court of the United States
- United States federal courts
- United States federal judicial circuit
- United States courts of appeals
- United States federal judicial district
- United States district courts
- United States bankruptcy courts

Law


- Law of the United States
- Legal research
- List of U.S. government designations for places

Agencies

Some agencies are legislative, some are executive, some are judicial.
- Independent Agencies of the United States Government
- List of United States federal agencies

External links


- United States

Law

:This article is about law in society. For other possible meanings, see law (disambiguation). Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments of/for those who do not follow the established rules of conduct. Law is typically administered through a system of courts, in which judges hear disputes between parties and apply a set of rules in order to provide an outcome that is just and fair. The manner in which law is administered is known as a legal system, which typically has developed through tradition in each country. Legal practitioners, most often, must be professionally trained in the law before they are permitted to advocate for a party in a court of law, draft legal documents, or give legal advice.

Legal traditions

There are generally four broad legal traditions that are practiced in the world today.

Civil law

The Civilian system of law is a codified law that sets out a comprehensive system of rules that are applied and interpreted by judges. It is by and large the most commonly practiced system of law in the world, with almost 60 % of the world's population living in a country ruled on the civilian system. The most important difference to common law is that normally, only legislative enactments are considered to be legally binding, but not precedent cases. However, as a practical matter, courts normally follow their previous decisions. Furthermore, in some civil law systems (e.g. in Germany), the writings of legal scholars have considerable influence on the courts. In most jurisdictions the core areas of private law are codified in the form of a civil code, but in some, like Scotland it remains uncodified. The civil law system has its origins in Roman law, which was adopted by scholars and courts from the late middle ages onwards. Most modern systems go back to the 19th century codification movement. The civil codes of many, particularly Latin countries and former French and Spanish colonies closely trail the Code de Napoléon in some fashion. However, this is not true for most Central and Eastern European, Scandinavian and East Asian countries. Notably, the German BGB was developed from Roman law with reference to German legal tradition. The importance of the Code Napoléon should also not be overemphasized as it covers only the core areas of private law, while other codes and statutes govern fields such as corporate law, administrative law, tax law and constitutional law.

Common law

The Common law is an Anglo-Saxon legal tradition, based on unwritten laws developed through judicial decisions that create binding precedent. The common law system is currently in practice in Australia, Canada (excluding Quebec), United Kingdom, and the United States (excluding Louisiana). In addition to these countries several others have adapted the common law system into a mixed system. For example, India and Nigera operate largely on a common law system but incorporate a good deal of customary law and religious law.

Customary law

Customary law are systems of law that has evolved largely on their own within a given country and have been adapted to meet the needs of the particular culture. Note that customary law may also be relevant within jurisdictions following another legal tradition in fields or subfields of law where no legislative enactment exists. For example, in Austria, scholars of private law often claim that customary law continues to exist, whereas public law scholars dispute this claim. (In any case, it is hard to find any practically relevant examples.)

Religious law

Many countries base their system of law on religious tenants. The most dominant system of this form of law is Muslim law (or "Sharia") which is a codified law that is found within the Koran. These laws deal primarily with the personal rights and dispute resolution between individuals. It is used in some Middle Eastern nations; such as in the Iran and Saudi Arabia. On a smaller level there are still regions of the world that practice canon law, which is followed by Catholics and Anglicans, and a similar legal system is used by the Eastern Orthodox Church. The same can be said for Jewish law (halakha or halacha), which is followed by Orthodox and Conservative Jews, in substantially different forms.

Bodies of law

In the broadest sense, bodies of law can be subdivided on the basis of who the parties to an action are. It is frequent that practiced fields of law overlap into several of these bodies of law.

Private law

The area of private law in a legal system concerns law that oversees disputes between private individuals. This area is, to a large extent, the most comprehensive area of law, dealing with all non-criminal harm one person does to another.

Public law

The area of public law, in a general sense, is the law in a given legal system that concerns disputes between the government and private individuals residing within the country. The state can bring actions against people for criminal acts, as well as breach of regulatory laws. Equally, individuals can bring actions against the government for harm it has done. This includes grounds on the basis of a breach of regulations, legislate on matters beyond their competence, or violation of an individuals rights. These last two points are often protected under a countries’ constitution.

Procedural law

Procedural law concerns the areas of law that regulate how all actions are dealt with. This includes who can have access to the court system, how complaints are submitted, and what are the rights of the parties involved. Procedural law is often known as "adjective" law as it is the law that concern how other laws are to be applied. Typically, this is broadly covered by a government’s civil and criminal procedure rules. But equally this includes the law of evidence which determines what means are used to prove facts, as well as, the law regarding remedies.

International law

International law governs the relations between states, or between citizens of different states, or international organizations. Its two primary sources are customary law and treaties.

Philosophy of law

Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as "what is the law?", "what are the criteria for legal validity?", "what is the relationship between law and morality?", and many other similar questions. In the western tradition there are several schools of thought on the philosophical basis of law. First, there is natural law, which attempts to describe law as an inherent quality in humans that is derived from natures. Second, there is the positivism which believes that law is a purely human-made construct that society uses to maintain social order. Third, there is legal realism which believes that law is an arbitrary set of rules that are largely established through the tastes and preferences of judges.

Anthropology of law

:See main discussion at Honour Law has an anthropological dimension. It has been recognized from Montesquieu to the present that law is shaped by the kind of society in which it is practised. One continuum into which various societies can be placed contrasts the "culture of law" with the "culture of honour". In order to have a culture of law, people must dwell in a society where a government exists whose authority is hard to evade and generally recognised as legitimate. People take their grievances before the government and its agents, who arbitrate disputes and enforce penalties. This behaviour is contrasted with the culture of honour, where respect for persons and groups stems from fear of the revenge they may exact if their person, property, or prerogatives are not respected. Cultures of law must be maintained. They can be eroded by declining respect for the law, achieved either by weak government unable to wield its authority, or by burdensome restrictions that attempt to forbid behaviour prevalent in the culture or in some subculture of the society. When a culture of law declines, there is a possibility that an culture of honor will arise in its place.

History

Practice of law

Practice of law is typically overseen by either a government organization or independent regulating body such as a bar association or barrister society. To practice law – i.e. appear in front of a judge on behalf of someone, draft legal documents, etc. – the practitioner must be certified by the regulating body. This usually entails a two or three year program at a university’s faculty of law or a law school, followed by an entrance examination (eg. bar admissions). Once accredited, a legal practitioners will often work in law firm, as well as in government, a private corporation, or even work as sole practitioner. A significant component to the practice of law in the common law tradition involves legal research in order to determine the current state of the law. This usually entails exploring case reporters, legal periodicals, and legislation.

See also


- Law topics overview
- List of areas of law
- List of legal topics
- List of legal terms
- List of jurists
- List of legal abbreviations
- List of case law lists
- List of law firms

Further reading


- Cheyenne Way: Conflict & Case Law in Primitive Jurisprudence, Karl N. Llewellyn and E. Adamson Hoebel, University of Oklahoma Press, 1983, trade paperback, 374 pages, ISBN 0806118555
- The Bilingual LSP Dictionary. Principles and Practice for Legal language, Sandro Nielsen, Gunter Narr Verlag 1994.
- [http://browse.addall.com/Browse/Author/2088479-1 Other books by Karl N. Llewellyn]
- David, René, and John E. C. Brierley. Major Legal Systems in the World Today: An Introduction to the Comparative Study of Law. 3d ed. London: Stevens, 1985 (ISBN 0420473408).

External links


- [http://www.legalmatch.com LegalMatch] Legal Resource
- [http://ausicl.com The Australian Institute of Comparative Legal Systems]
- [http://www.lpig.org Law and Policy Institutions]
- [http://www.llbee.com/news.php?p=news Laws External Education- Legal News By Subject]
- [http://www.4lawschool.com 4LawSchool- Legal Reference]
- [http://ww3.definitions-legal.com:8567/ Law, Legal Definitions & Reference]
- [http://www.ericdigests.org/1996-3/law.htm Essentials of Law-Related Education. ERIC Digest.]
- [http://www.law.cornell.edu LII - Topical overviews, US Supreme Court decisions, US Code (Acts of Congress)]
- [http://www.worldlii.org WorldLII - The World Legal Information Institute]
- [http://www.lawmoose.com LawMoose Legal Reference Library]
- [http://legallinks.jenkinslaw.org Legal Research Links]
- [http://www.findlaw.com FindLaw]
- [http://ausicl.com The Australian Institute of Comparative Legal Systems]
- [http://www.nolo.com/glossary.cfm Everybody's Legal Glossary] - From Nolo
- [http://www.alllaw.com/ AllLaw]
- [http://legal.wikicities.com/ WikiCities Legal Site]
- Stanford Encyclopedia of Philosophy:
  - [http://plato.stanford.edu/entries/law-ideology/ Law and Ideology]
  - [http://plato.stanford.edu/entries/law-language/ Law and Language]
- [http://en.jurispedia.org/ The shared law] in Jurispedia
- [http://www.avocatura.com Romanian Law]
- [http://www.thedailylaw.com Daily Law news]
- [http://members.fortunecity.com/victorcauchi/lex/lexindex.htm Laws of Malta] Chapter summaries and a general Glossary of definitions.
- [http://LawyerIntl.com LawyerIntl.com] Legal Resource and Law Dictionary
- [http://LawGuru.com LawGuru.com] Legal Portal
- [http://forumprawne.org Prawo i porady prawne] - web discussion board about Polish law Category:Core issues in ethics ja:法 (法学) simple:Law th:กฎหมาย

Judiciary Act of 1789

The United States Judiciary Act of 1789 (1 Stat. 73) was a landmark statute adopted in the first session of the First United States Congress, which established the U.S. federal judiciary. The Constitution stated only that the "judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish." It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide. The existence of a separate federal judiciary had been controversial during the debates over the ratification of the Constitution. Anti-Federalists had denounced the judicial power as a potential instrument of nationalist tyranny. Indeed, of the ten amendments that eventually became the Bill of Rights, five (the Fourth through Eighth) dealt primarily with judicial proceedings. Even after ratification, some opponents of a strong judiciary urged that the federal court system should be limited to a Supreme Court and perhaps local admiralty judges. The Congress, however, decided to establish a system of federal trial courts with broader jurisdiction, thereby creating an arm for enforcement of national laws within each state.

Establishment of federal courts

The Act (passed on September 24th) established a Supreme Court of six justices, including one Chief Justice and five associate justices. The Supreme Court was given exclusive original jurisdiction over all civil actions between states, or between a state and the United States, as well as over all suits and proceedings brought against ambassadors and other diplomatic personnel; and original, but not exclusive, jurisdiction over all other cases in which a state was a party and any cases brought by an ambassador. The Court was given appellate jurisdiction over decisions of the federal circuit courts in major civil cases (but not criminal cases), as well as decisions by state courts holding invalid any statute or treaty of the United States; or holding valid any state law or practice that was challenged as being inconsistent with the federal constitution, treaties, or laws; or rejecting any claim made by a party under a provision of the federal constitution, treaties, or laws. It also created 13 judicial districts within the 11 states that had then ratified the Constitution (North Carolina and Rhode Island were added as judicial districts in 1790, and other states as they were admitted to the Union). Each state comprised one district, except for Virginia and Massachusetts, each of which comprised two. Massachusetts was divided into the District of Maine (which was then part of Massachusetts) and the District of Massachusetts (which covered modern-day Massachusetts). Virginia was divided into the District of Kentucky (which was then part of Virginia) and the District of Virginia (which covered modern-day West Virginia and Virginia). The Act established a circuit court and district court in each judicial district (except in Maine and Kentucky, where the district courts exercised much of the jurisdiction of the circuit courts). The circuit courts, which were comprised of a district judge and (initially) two Supreme Court justices "riding circuit," had jurisdiction over more serious crimes and civil cases, while the single-judge district courts had jurisdiction primarily over admiralty cases, along with petty crimes and lawsuits involving smaller claims. Federal civil jurisdiction included cases in which the parties were citizens of different states (diversity jurisdiction), as well as cases in which the United States was the plaintiff. The circuit courts were grouped into three geographic circuits to which justices were assigned on a rotating basis.

Miscellaneous provisions

The act defined a judicial oath for the justices and the district judges: :I do solemnly swear or affirm, that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me, according to the best of my abilities and understanding, agreeably to the constitution, and laws of the United States. So help me God. Congress authorized persons who were sued by citizens of another state, in the courts of the plaintiff's home state, to remove the lawsuit to the federal circuit court. The power of removal, and the Supreme Court's power to review state court decisions where federal law was at issue, established that the federal judicial power would be superior to that of the states. The Act created the office of Attorney General, and also provided for the appointment of a marshal, one or more deputy marshals, and a district attorney for each judicial district. A clause granting the Supreme Court the power to issue writs of mandamus was declared unconstitutional by Marbury v. Madison, 5 U.S. 137 (1803), one of the seminal cases in American law. Thus, the Judiciary Act of 1789 was the first act of Congress to be partially invalidated by the Supreme Court. The Judiciary Act of 1789 included the Alien Tort Statute, now codified as , which provides jurisdiction in federal courts over lawsuits by aliens for torts in violation of the law of nations or treaties of the United States.

External links


- [http://www.constitution.org/uslaw/judiciary_1789.htm Judiciary Act of 1789]
- [http://www.fjc.gov/public/pdf.nsf/lookup/creating.pdf/$File/creating.pdf Creating the Federal Judicial System (second edition)] by Russell R. Wheeler and Cynthia Harrison, Federal Judicial Center, 1994 Category:Judicial Branch of the United States Government Category:Legal history of the United States Category:Historic United States federal legislation

Congress of the United States

The Congress of the United States is the legislative branch of the federal government of the United States. It is bicameral, comprising the House of Representatives and the Senate. The House of Representatives consists of 435 members, each of whom represents a congressional district and serves for a two-year term. House seats are apportioned among the states by population; in contrast, each state has two Senators, regardless of population. There are a total of 100 senators, who serve six-year terms. Both representatives and senators are directly elected by the people, but in some states the governor may appoint a temporary replacement when a Senate seat is vacant. The United States Constitution vests all legislative powers of the federal government in the Congress. The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. The enumerated powers of Congress include the authority to regulate interstate and foreign commerce, to levy taxes, to establish federal courts inferior to the Supreme Court, to maintain the armed forces, and to declare war. The Constitution also includes the necessary-and-proper clause, which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers." The general purposes expressed in the Preamble have also been interpreted as authorizing Acts of Congress. The Senate is fully equal to the House of Representatives, and is not a "chamber of review," as is the case with the upper houses of the bicameral legislatures of many other nations. However, there are some special powers granted to one chamber only. On the one hand, the Senate's advice and consent is required for presidential appointments to high-level executive and judicial positions, and for the ratification of treaties. On the other hand, bills for raising revenue may originate in the House of Representatives alone. Both chambers meet in the Capitol in Washington, D.C. Washington, D.C.]

History

The Congress of the United States derives from First Continental Congress, a meeting of representatives of twelve of Great Britain's seventeen North American colonies, in the autumn of 1774. On 4 July 1776, the Second Continental Congress declared thirteen former colonies independent states, referring to them as the "United States of America." Under the Articles of Confederation, Congress was a unicameral body in which each state was equally represented, and in which each state had a veto over most action. The ineffectiveness of the federal government under the Articles led Congress to summon the Convention of 1787. Originally intended to revise the Articles of Confederation, it ended up writing a completely new constitution. James Madison called for a bicameral Congress: the lower house elected directly by the people, and the upper house elected by the lower house. The smaller states, however, favored a unicameral Congress with equal representation for the states. Eventually, a compromise was reached; the House of Representatives to provide proportional representation, whereas the Senate would provide equal representation. In order to preserve further the authority of the states, it was provided that state legislatures, rather than the people, would elect senators. The post Civil War Gilded Age was marked by Republican dominance of Congress. Senate elections were tainted by corruption, bribery and gridlock preventing the election of a senator. These issues were addressed by the Seventeenth Amendment (ratified in 1913), which provided for the direct election of senators. The early twentieth century witnessed the rise of party leadership in both houses of Congress. In the House of Representatives, the office of Speaker became extremely powerful. Leaders in the Senate were somewhat less powerful; individual senators still retained much of their influence. In particular, committee chairmen remained particularly strong in both houses until the