The main background of the formation of American administrative supervision system

The American government, the federal government and the American national organization are formulated on the basis of separation of powers, federalism and two major political concepts. When the Constitution was first drafted, the legislative, judicial and administrative powers were independently balanced to prevent the government from abusing its power. According to the Constitution, the legislative bodies are the Senate and the House of Representatives and the bicameral parliament. The judiciary consists of 1 1 appeal courts, 95 local courts and 4 special courts headed by the Federal Supreme Court. The executive branch is headed by the president directly elected by the people, supplemented by the vice president, and consists of several administrative departments. The power of the government is divided into the federal government and the state government. According to the principle that the government must be close to the people so as not to deprive them of their freedom, the autonomy of the relevant states is reserved for the state governments, which have their own legislative, judicial and administrative powers. The powers of the federal government are limited to those that the state governments cannot exercise alone, such as taxation, finance, national defense, diplomacy, currency banking, exit and entry administration, foreign trade, national welfare, postal services, and development assistance for science and art. The executive government consists of 65,438+02 departments and more than 60 independent institutions established according to law. The president is the head of state, the highest executive head of the government, and the supreme commander-in-chief of various services, such as army, navy and air force. The president's term of office is four years, during which he was impeached by parliament. He won't leave his job because of opposition. You can be re-elected after the expiration of the term. Presidential and vice presidential candidates are elected by the whole people. When the president is unable to act due to accidents during his term of office, the remaining term of office will be automatically replaced by the vice president. The White House is the executive office of the President of the United States. In order to assist the president in fulfilling his important task, more than a dozen institutions adapted to the needs of the times have been set up in the White House, such as the National Security Council, the Economic Advisory Council, the Trade Negotiation Committee, and the Energy Committee. In addition, there are more than a dozen assistant advisers in the White House to assist the President at any time. The day-to-day implementation and management of federal laws are the responsibility of different administrative departments, which are established by Congress to deal with various national and international affairs. The heads of all ministries are appointed by the President. It is usually called the presidential cabinet. In addition to the main administrative department of 12, there are many independent institutions, which are called independent institutions because they do not belong to that administrative department. These institutions have their own unique purposes, and some are regulatory agencies, such as the Civil Service Commission, the General Accounting Office, the General Affairs Department, and the Federal Reserve. Some provide special services for the government or people. For example: Interstate Commerce Commission, Veterans General Administration, Securities and Exchange Commission, National Labor Relations Bureau, National Aeronautics and Space Administration, National Science Foundation, General Administration of Arms Control and Disarmament, Federal Post Office, General Administration of International Exchanges, etc. The judicial power in the United States consists of the Supreme Court and the secondary courts, which can be established by Congress at any time. Supreme Court: The highest court in the United States, and the only court specially established by the Constitution. It is located in Washington, D.C., and consists of nine judges, a chief justice and eight members of the House of Representatives. The Supreme Court usually only hears about 150 of thousands of cases every year, most of which involve legal interpretation or national legislative intent. The constitution does not specify this kind of judicial supervision. This is the theory drawn by the court according to its interpretation of the Constitution. This theory holds that unconstitutional legislation is not a law, and further points out that it is obviously the power and responsibility of the Ministry of Justice to interpret the law. (2) Court of Appeal: Its purpose is to facilitate handling cases and reduce the burden of most commercial courts. The whole country is divided into 1 1 appeal districts, and each district has an appeal court. Each court of appeal has 3 to 15 judges. As the name implies, the Court of Appeal reviews the decisions of local courts. (3) Local courts: There are 89 local courts in 50 states in China, and litigants can bring lawsuits nearby. Each local court has 1 to 27 judges. Most of the cases handled by these courts violate federal laws. (4) Special courts: In addition to the general jurisdiction of federal courts, there are courts set up for special purposes, such as the Court of Appeal, which adjudicates compensation claims against the United States. Customs courts have exclusive jurisdiction over civil litigation involving taxes or restrictions on imported goods, as well as customs and patent appeal courts, which hear appeals against judgments of customs courts and the US Patent Office. In order to guarantee the independence of the judiciary, the Constitution stipulates that federal judges can hold office during the period of good conduct. In fact, until their death, retirement or resignation. Judges who break the law during their term of office will be impeached like the president or other federal officials. American judges are appointed by the president and approved by the Senate. Judges' salaries are also approved by Congress. The annual salary of local judges ranges from 44,600 yuan to 65,600 dollars for the Chief Justice. Legislation is based on Article 1 of the Constitution of the United States. The federal government entrusts all legislative power to the Congress, which consists of the Senate and the House of Representatives. The Senate consists of two members from each state, and the number of members in the House of Representatives depends on the population of each state. One representative is elected for every 500,000 people, but each state guarantees at least one representative. At present, Alaska, Nevada, Delaware, North Dakota, Vermont and Wyoming have only one representative. By contrast, California has 43 representatives. Early members of parliament were not directly elected by the people. The Senate was not directly elected by the people until the 17th amendment to the Constitution was passed in 19 13. According to the constitution, US senators must be at least 30 years old and have been American citizens for at least 9 years, and members of Congress must be at least 25 years old and have been American citizens for at least 7 years. They must all be residents of the state they represent. The state legislature divided the state into several congressional districts. Voters in each district elect a representative every two years, and national elections are held in even-numbered years to elect senators. Because the term of office of a senator is six years, in fact, only one third of the seats in the Senate are re-elected every two years to avoid the interruption of the function of Congress due to re-election. The state government had individual colonial governments before the establishment of the federal government, and later became the state government. Before that, there were county governments and smaller units. Even before the English Puritans boarded the ship in 1602, they had made the may flower contract. When these pioneers pushed west, they set up governments in every remote area to handle affairs. The drafters of the American Constitution did not change the multi-level government system. Although they make the country supreme, they are also wise to realize that they need local government. More direct contact with the people, more eager to meet the needs of the people. Therefore, in addition to national affairs such as national defense, diplomacy and currency, other local affairs such as education and health are handled by local governments. Like the federal government, state governments in the United States have three branches: executive, legislative and judicial. The governor is the chief executive of a state and is elected by the people. Except for a few states with a two-year term, most governors have a four-year term, except Nebraska, which has only one state legislature. In most states, state senators serve four years and representatives serve two years. The state legislative process is very similar to that of Congress. The state judicial organization is not attached to the national court system, but consists of a group of courts similar to the federal judicial organization. Handle civil litigation between private individuals or between private individuals and state governments, and try cases related to violation of criminal law. In addition to courts with general adjudication power, many states also have courts with special adjudication power, such as probate courts, juvenile courts that supervise the execution of wills, and family relations courts that handle cases of family discord. The small claims court handles small debt disputes. Municipal government and other local governments: The United States used to be dominated by rural areas, but now it has become a highly urbanized country, with three quarters of its residents living in towns, big cities or suburbs. Cities can meet the needs of citizens more directly than the federal and state governments. From police and fire protection to health education, public transportation and housing, the municipal government is chartered by the state. The organization of municipal governments varies greatly across the country. However, almost all municipal governments have some kind of city council elected by voters to draw up the city's budget, set the fiscal tax rate and allocate funds to various administrative departments. In addition, they also have the right to veto city decrees, and the elected mayor is the head of the administrative department. In addition to this kind of mayor and parliamentary municipal government, there are also committees of city managers and municipal government organizations. This committee combines legislative and executive functions with a group of officials. Usually, three or more of these officials are elected by citizens. Each member supervises the work of one or more city departments, and a member is appointed as the chairman, who is usually called the mayor. But his power is equal to that of his colleagues. 1908, Stanton, Virginia, implemented the municipal organization of city administrator for the first time. In this model, a small elected city Council makes city laws and policies, but hires a paid administrator to implement these laws. In addition to the federal government, state government and municipal government, the United States also has administrative units such as counties, autonomous cities, towns, school districts and special zones. A county is usually a subordinate unit of a state. Including two or more towns and several villages, county committees or supervisory committees are responsible for collecting taxes, borrowing and lending, supervising elections, building and maintaining roads and bridges, and implementing national, state and county welfare plans. Presidential elections are held every four years, and the date is1the first week of October 165438+ Tuesday. 1 1 After the general election, the president's four-year term will begin on the 20th of the following year. According to the constitution, the president must be an American citizen born in the United States and at least 35 years old. All political parties choose their candidates at the nomination meeting a few months before the presidential election and draft a statement called "Platform" to express their positions on different issues. Therefore, voters must not only decide whether to approve or oppose the candidate, but also decide whether to approve or oppose the political, economic and social ideas of the party represented by the candidate. Although the cost of each option is high, Americans still enjoy it, because two centuries later, people are convinced that elections can make political power transfer peacefully.