Government Structure and Public Sector Economics
Basic Structure of the US Government and Public Choice Theory
Intent and Branches of Government
Separation of Powers: The core intent of the Constitution is to establish a separation of powers, a concept heavily influenced by Montesquieu, to prevent tyranny.
Legislative Branch (Congress): Makes laws, composed of the Senate and House of Representatives.
Executive Branch: Carries out laws, led by the President and Cabinet.
Judicial Branch: Interprets laws.
Checks and Balances: The system ensures a balance between the branches, with checks on each part to prevent duplication of function and dictatorial government. Actions often require approval from two or three parts.
Example: Congress allocates money for a dam, the Executive (e.g., Interior Department) builds it. If the dam infringes on rights (e.g., property rights without due process), the Judicial branch can rule it unconstitutional.
Congress allocates money but cannot spend it. The Executive spends money but cannot allocate it. Neither can violate the Constitution; the Judiciary ensures this.
Legislative Branch: Congress
House of Representatives
Members: members, established by law in . Current maximum is , minimum is a multiple of .
Apportionment: Based on state population, with each state receiving at least one representative (e.g., California has ).
Requirements: Must live in the state, be a citizen, and at least years old.
Term: years; members must be reelected every two years.
Role: Intended to represent the interests of everyday people.
Leadership: Led by the Speaker of the House, elected by a majority vote of its members (typically from the majority party).
Senate
Members: members, with from each state.
Requirements: Must have lived in the state for years, be a citizen, and at least years old.
Term: years.
Historical Context: Until the early , senators were picked by state legislatures to give states power under the new Constitution; now elected by popular vote.
Power and Authority: The Senate generally holds more power and authority and its longer terms provide more experience.
Leadership: The Vice President of the United States serves as the President of the Senate and votes in case of a tie.
Rules: Each chamber creates its own rules. The Senate famously requires votes to bring certain matters to the floor (e.g., for general business), though this can be changed (e.g., changed to votes for judicial appointments).
Law-Making Process
A law must pass both the Senate and the House with a majority of the quorum (at least of members present).
Presidential Action: The President must sign a bill for it to become law.
Veto Override: If the President vetoes a bill, it returns to both houses. If both houses repass it with a two-thirds majority, it becomes law over the President's objection (e.g., War Powers Act vetoed by Nixon).
Line-Item Veto: Unlike state governors, the US President must sign or veto an entire bill, leading to the practice of