United States Government

D

Related Groups and Agencies

As congressional work has grown and become more complex, Congress has come to rely on the advice and assistance of a large number of auxiliary agencies. One of the most important of these agencies is the Congressional Budget Office, a group of experts in economics and statistics. This office provides the information necessary for legislators to respond to the president’s budget proposals and to reconcile estimated tax revenues with projected expenses.

In order to participate actively in government and be well informed, Congress has a large congressional staff. Many of these men and women serve as personal assistants to representatives and senators. Others are on the staffs of the numerous committees—for example, 30 staff members work for the House Committee on the District of Columbia alone. Many members of the congressional staff work for support agencies such as the Government Accountability Office, which tracks the funding and expenditures of the federal government.

In addition to the auxiliary congressional agencies, both the House and Senate depend on what is sometimes called the third house of Congress—the lobbyists (see lobbying). Lobbyists are usually employees or representatives of companies or interest groups who try to influence votes on legislation and to gain publicity for their causes. With at least 1,800 associations located in Washington, the causes that are represented by lobbyists run the gamut from labor unions, the National Association of Manufacturers, and large corporations to citizens’ groups promoting environmental issues and health concerns.

In some instances, lobbyists specialize in a field such as agriculture or taxation and become experts who provide technical information to legislators on a variety of subjects. Lobbyists may even draft legislative bills. Full-time lobbyists are required to register and are regulated by laws that restrict their contributions and gifts to legislators. Their public image, however, remains that of people who affect the outcome of legislation and elections by contributing money to politicians. In 1998 special interests represented by 14,484 lobbyists (27 for each member of Congress) reported spending $1.17 billion to lobby Congress, the White House, and the federal agencies.

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E

Current Trends and Issues

The relationship of Congress with the executive branch is critical to the workings of the government. Friction often develops between presidents, who want swift action, and Congress, whose machinery makes movement slow. Congress reflects national diversity and mirrors the nation in its fragmentation and lack of central control. The conflict between the executive and legislative branches is accentuated if different political parties control the two branches. The American people need to decide whether a Congress of one party fighting the presidency of another is a separation of powers that produces effective government. While this circumstance diffuses power, it can run counter to the public interest if important issues are not dealt with because of partisan disagreements. In 1995, for example, the president and Congress were unable to agree on a federal budget, and without congressional appropriations there was no money to pay federal employees, resulting in a brief government shutdown.

Another important issue surfaced as the 21st century began. It involved lobbying and its potential to corrupt members of Congress. In January 2006 a well-known congressional lobbyist, Jack Abramoff, pleaded guilty to federal charges of conspiracy, tax evasion, and mail fraud. He admitted that he was involved in a scheme to provide members of Congress with campaign contributions, leisure trips, and other favors “in exchange for certain official acts.” The Abramoff investigation was expected to implicate many powerful members of Congress and was likely to lead to reform measures to limit the influence of lobbyists.

V

Judiciary

The Supreme Court is the highest court in the United States. Litigants dissatisfied with a lower court decision may appeal to the Supreme Court, although very few cases ever reach the court. A ruling of the Supreme Court cannot be appealed. As Justice Robert Jackson once explained: “The [Supreme] Court is not final because it is infallible; the court is infallible because it is final.” There are currently nine Supreme Court justices, who, like all federal judges, are appointed by the president and confirmed by the Senate.

A

Responsibilities of the Supreme Court

An important feature of the American legal system is the practice of judicial review. The most important exercise of judicial review is by the Supreme Court. The court can determine whether a statute or executive action conforms to the rules and principles laid down in the Constitution. It can strike down laws that it considers unconstitutional. Judicial review does not belong exclusively to the Supreme Court; in appropriate cases, every court may strike down laws that violate the Constitution. Although judicial review adds flexibility to the Constitution—allowing it to be interpreted for changing times—this power is not explicitly stated in the Constitution.

In the years following the adoption of the Constitution, the Court and Congress debated whether the judiciary actually had the power of judicial review. The issue was resolved in 1803, when in the case of Marbury v. Madison, the Court firmly established the power of the judiciary to review acts of Congress and decide if they were constitutional. Chief Justice John Marshall reasoned that the Constitution was the highest law of the nation, and that with respect to congressional legislation, the Constitution was “superior…law, unchangeable by ordinary means.” Consequently, Madison argued, if the judiciary interpreted a law or statute as contradicting the Constitution, the courts could nullify it.

Marshall established the common-sense view that within the three branches of government, courts are especially qualified to rule whether legislation is constitutional. Marshall held that judicial power resided in the court’s authority to interpret the Constitution. This principle has been accepted ever since. Although the judicial override has more often been a threat than a reality—by 1998 the Supreme Court had struck down federal laws and executive orders only 127 times—it still is a powerful tool. However, as with all federal courts, some Americans have questioned whether the Supreme Court should have that power without its members being elected by the people.

The Supreme Court decides appeals and constitutional issues. It also has jurisdiction over various kinds of other cases. These cases include those involving public officials such as ambassadors or consuls, or those where a state is a party in the case.

B

Influences on the Supreme Court

Despite its authority on paper, the Supreme Court is influenced by certain factors. When a vacancy occurs because of death, retirement, or impeachment of a Supreme Court justice, the president appoints a new justice who then must be confirmed by a majority of the Senate. As a result, the president and the Senate can affect the composition and sentiment of the court. For example, the court changed dramatically during the American Civil War (1861-1865), when President Abraham Lincoln appointed five justices to a body that had been controlled before the war by Southerners. Individual justices are also influenced by personal background, political views, relationships with other judges, and even by the clerks who assist them.

The Solicitor General, who represents the federal government at the Supreme Court, also shapes the court’s agenda. As the chief government lawyer in cases before the courts of appeals, the Solicitor General decides which cases the government should ask the court to review and what the government’s position will be in them. The Solicitor General’s power to petition the court to review cases is important because the Supreme Court can rule only on cases that are brought before it. The court cannot simply choose to examine a law or case of its own accord.

Finally, the Supreme Court is influenced by what it believes the majority of American people support. This influence of public opinion was evident in the 1930s, when a conservative court at first opposed the agricultural policies of President Franklin Roosevelt’s New Deal. These polices, which curtailed farm production in an effort to stabilize the agricultural economy, expanded the power of the federal government by giving it a much larger role in regulating agriculture and commerce. After Roosevelt won substantial majorities in the presidential elections of 1936 and 1940, however, the same justices accepted legislation similar to what they had earlier called unconstitutional. Another example is the 1972 decision Roe v. Wade, in which the Supreme Court ruled that a woman has a constitutional right to an abortion during the first six months of pregnancy. This ruling is often seen as a judicial response to a significant change in the people’s attitudes toward women and their right to privacy.

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