US Government Structure: Federal, State, and Local Levels

History

• George Washington established a cabinet with four secretaries:
  • Secretary of State: Thomas Jefferson
  • Secretary of the Treasury: Alexander Hamilton
  • Secretary of War: Henry Knox
  • Attorney General: Edmund Randolph

National Level

• President: Head of State and Government, Commander in Chief.
• Vice President: Also elected by the people, serves as President of the Senate.
• Cabinet: Composed of 15 secretaries and the Vice President. Examples include the Secretary of State and the Secretary of the Treasury. All members are nominated by the President.

Agencies

• Secretaries of departments do not have rule-making power.
• US Agencies, on the other hand, have rule-making power.

Types of Agencies

1. Dependent Agencies: President → Cabinet → Agencies dependent on the President. Example: Department of Health and Human Services → sub-agency FDA.
2. Independent Agencies: Executive branch agencies.
3. Independent Collegial Agencies: Created by groups of experts in different subject matters. These are staff organs made up of a group of people. They only report to Congress. Examples: Federal Reserve, Federal Trade Commission.

State Level

• 50 States: Each state has its own legislative body, the State Legislature.
• Governor: Head of the executive branch in each state, with their own cabinet.
• Lieutenant Governor: Similar to the Vice President at the state level.
• Secretaries of State: Similar to ministers, also called commissioners. They may be elected by the people in some states.
• Agencies

Local Level

• Two levels:
  • Counties (approximately 3,000)
  • Municipalities (approximately 19,000), also called towns, divided into districts for administrative purposes.
• Governed by both state and national laws.
• Constituencies (435): Exist to elect Congress members but have no administrative duties.

Rule of Law

The three branches of government are always bound by the rule of law. John Rawls defines the rule of law as the regular, impartial, and, in this sense, fair administration of public rules.

Key aspects of the rule of law include:

• Regularity
• Publicity
• Generality
• Right to due process
• Government under the law
• Compliance
• Retroactivity

These aspects result in two primary effects: legal certainty and predictability.