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U.S. Government Structure FST 421/521 Food Law

Oregon State University

USA Government Basics Federalism #1

The U.S. legal system is a federal system Federalism: System of government in which power is divided between a central authority and constituent political units (the idea of a federal organization of more or less self-governing units) Means that national companies, working domestically, must deal with many governments.
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US Government Basics Federalism #2

The American constitutional doctrine of federalism recognizes the national government, fifty state governments, approximately 80,000 local governments, and 588 federally-recognized Indian tribes. These thousands of governments interact with each other principally, but not exclusively, through various grant-in-aid mechanism that are established and administered under legal authority.
From: The Case for Bureaucracy (4th Edition), C.T. Goodsell
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US Government Basics Republic or Democracy

Democracy, n. Government by the people, either directly or through representatives, Republic, n. A system of government in which the people hold sovereign power and elect representatives who exercise that power. It contrasts on the one hand with a pure democracy, in which the people or community as an organized whole wield the sovereign power of government, and on the other with the rule of one person (such as a king, emperor, czar, or sultan)
Blacks Law Dictionary Abridged Seventh Edition (Bryan A. Garner, Editor in Chief), 1991

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US Government Basics Republic or Democracy

Republic system where the people elect representatives who are free to act on their own, based on their personal beliefs, conscience, or other factors, to do what they feel is right. Democracy system where the elected representative is expected to obey the mandate of those who elected them, regardless of his/her own personal beliefs.
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US Government Basics

If men were angels

What is government itself but the greatest of reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external not internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place, oblige it to control itself.
James Madison, The Federalist #51
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US Government Basics

Separation of Powers
The federal government is divided into three branches:
Legislative Executive Judicial

The divided system was designed to prevent any one branch from becoming to powerful (i.e. system of checks and balances).
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US Government Basics The Legislative Branch - Congress

U.S. Constitution, Article 1, Section 1: All legislative Powers herein granted shall be vested in a Congress of the United States which shall consist of a Senate and House of Representatives.

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US Government Basics The Legislative Branch - Congress U.S. Constitution, Article 1, Section 8: The Congress shall have Power to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
one of the foregoing is provide for the common Defence and general Welfare of the United States
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US Government Basics The Legislative Branch - Congress

U.S. Constitution, Article 1, Section 8: The Congress shall have Power to
lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; To regulate commerce with Foreign Nations, and among the several States, and with the Indian Tribes; (the commerce clause) To promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
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US Government Basics The Legislative Branch - Congress

Composed of two houses: Senate House of Representatives Empowerments include: pass laws (must pass both houses of Congress) Authorize spending of government funds Imposition of taxes Congress also creates agencies and gives them power through laws (enabling legislation) that specify what the agency is to do, how the agency is structured, and its budget.
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US Government Basics The Legislative Branch - Congress

How are U.S. federal laws made?
requires majority vote in both chambers of Congress and Presidential signature or two thirds vote in both chambers of Congress (if presidential veto)

see: http://bensguide.gpo.gov/9-12/lawmaking/index.html

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US Government Basics The Executive Branch

President is head of Executive Branch Charged with enforcing laws passed by Congress Enforcement is typically done via agencies, bureaus, and departments (FDA, FBI, USDA, etc.)

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US Government Basics The Executive Branch

U.S. Constitution, Article II, Section 2: The President shall be the Commander in Chief Article II, Section 3 : he shall take Care that the Laws be faithfully executed

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US Government Basics Executive Department Enforcement - Agencies The number of federal agencies/departments/bureaus (collectively termed bureaucracy) has grown with the increase in the governments commitments to the people and the associated laws. The increase in bureaucracy is rationalized as necessary to administer, oversee, and enforce the increase in government commitments and laws. The heads of certain agencies often change with new presidential administrations, but the administering professional staff are typically more permanent, thus assuring a continuity in agency operations.
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US Government Basics Executive Department Enforcement - Agencies Created by Congress with structure and authority defined by enabling legislation. The enabling legislation may change with time due to subsequent legislation Budget is determined by Congress, including putting spending limits on particular activities Congress is not empowered to directly interfere with agency management
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US Government Basics Executive Department Enforcement - Agencies The President appoints the top administrators of most agencies (with Senate approval). Top administrators thus serve at the discretion of the President. This hierarchical arrangement allows the President to have considerable input in setting agency policy
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US Government Basics Executive Department Enforcement - Agencies Some agencies possess civil power and thus are able to enforce their own rules through civil judicial actions such as injunctions and seizures. Most agencies, including the FDA, must act via the Department of Justice to have judicial enforcement tools implemented. The Department of Justice (Executive branch) is the only agency that can bring criminal charges.

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US Government Basics Executive Department Enforcement - Department of Justice Responsible for enforcement of all federal laws. Department oversees approximately three dozen agencies, including FBI, DEA, and INS. Represents most federal agencies in judicial proceedings. Misconduct among executive-level officials is handled by an independent council appointed by the Attorney General (the head of the Justice Department) . Office of the Solicitor General also comes under the jurisdiction of the Justice Department. The Solicitor General is responsible for representing U.S. interests in cases before the Supreme Court.
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US Government Basics Judicial Branch Guardians of the Constitution

Consists of Supreme Court, courts of appeal, and the district (local) federal courts. Responsible for the interpretation of federal laws. Federal courts have two main sources of cases: Federal Question jurisdiction Diversity jurisdiction
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US Government Basics Judicial Branch Federal Question Jurisdiction

Cases that involve any one of the following: The U.S. government The U.S. Constitution Federal laws Controversies among the states

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US Government Basics Judicial Branch Diversity Jurisdiction

The diversity question deals with litigants who are from different states or from another country. Constitution requires these cases be heard in federal courts to ensure fairness. Major stipulation to diversity jurisdiction to be fully accepted the case must involve more than $75,000 in potential damages.

From Complete Idiots Guide to American Government

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Readings
Primary
Fortin, N.D. (2009) Food Regulation Law, Science, Policy, and Practice, John Wiley & Sons, Inc., chpt. 1 The Constitution of the United States (including amendments) one source is the US National Archives
http://www.archives.gov/exhibits/charters/print_friendly.html?page=constitution_transc ript_content.html&title=The%20Constitution%20of%20the%20United%20States%3A%20 A%20Transcription http://www.archives.gov/exhibits/charters/print_friendly.html?page=bill_of_rights_trans cript_content.html&title=The%20Bill%20of%20Rights%3A%20A%20Transcription http://www.archives.gov/exhibits/charters/print_friendly.html?page=constitution_amen dments_1127_content.html&title=The%20Constitution%20of%20the%20United%20States%3A%20 Amendments%2011-27

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