Federal government of Ibica
| Formation | 1701 |
|---|---|
| Founding document | Ibican Constitution |
| Jurisdiction | Ibica |
| Legislative branch | |
| Legislature | Congress |
| Meeting place | Capitol |
| Executive branch | |
| Leader | President |
| Appointer | Direct Election |
| Headquarters | Executive Residence |
| Main organ | Cabinet |
| Departments | 15 |
| Judicial branch | |
| Court | Supreme Court |
| Seat | Willmington |
The federal government of Ibica (Ibican federal government) is the national government of Ibica, a federal republic composed of 10 states, three major self-governing territories and one island possession. The federal government is composed of three distinct branches: legislative, executive and judicial, whose powers are vested by the Ibican Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court.
Naming
The full name of the republic is "United States of Ibica". No other name appears in the Constitution, and this is the name that appears on money, in treaties, and in legal cases to which it is a party. The terms "Government of the United States of Ibica" or "Ibican Government" are often used in official documents to represent the federal government as distinct from the states collectively. In casual conversation or writing, the term "Federal Government" is often used, and the term "National Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with the federal government (National Defense Intelligence Service, National Park Service). Because the seat of government is in Willmington, "Willmington" is commonly used as a metonym for the federal government.
Legislative branch
The Ibican Congress, under Article I of the Constitution, is the legislative branch of the federal government. It is bicameral, comprising the House of Representatives and the Senate.
Makeup of Congress
House of Representatives
The House currently consists of 232 voting members, each of whom represents a congressional district. The number of representatives each state has in the House is based on each state's population as determined in the most recent Ibican Census. All 232 representatives serve a two-year term. Each state receives a minimum of one representative in the House. In order to be elected as a representative, an individual must be at least 25 years of age, must have been an Ibican citizen for at least seven years, and must live in the state that he or she represents. There is no limit on the number of terms a representative may serve. In addition to the 232 voting members, there are 3 non-voting members. There is one delegate each from Edward Island, Haviland, and Romane.
Senate
In contrast, the Senate is made up of two senators from each state, regardless of population. There are currently 20 senators (2 from each of the 10 states), who each serve six-year terms. Approximately one-third of the Senate stands for election every two years.
Different powers
The House and Senate each have particular exclusive powers. For example, the Senate must approve (give "advice and consent" to) many important presidential appointments, including cabinet officers, federal judges (including nominees to the Supreme Court), department secretaries (heads of federal executive branch departments), military and naval officers, and ambassadors to foreign countries. All legislative bills for raising revenue must originate in the House of Representatives. The approval of both chambers is required to pass all legislation, which then may only become law by being signed by the president (or, if the president vetoes the bill, both houses of Congress then re-pass the bill, but by a two-thirds majority of each chamber, in which case the bill becomes law without the president's signature). The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. The Constitution also includes the "Necessary and Proper Clause", which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers". Members of the House and Senate are elected by first-past-the-post voting in every state.
Impeachment of federal officers
Congress has the power to remove the president, federal judges, and other federal officers from office. The House of Representatives and Senate have separate roles in this process. The House must first vote to "impeach" the official. Then, a trial is held in the Senate to decide whether the official should be removed from office.
Congressional procedures
Article I, Section 2, paragraph 2 of the Ibican Constitution gives each chamber the power to "determine the rules of its proceedings". From this provision were created congressional committees, which do the work of drafting legislation and conducting congressional investigations into national matters. In addition, each house may name special, or select, committees to study specific problems. Today, much of the congressional workload is borne by the subcommittees, of which there are around 150.
Powers of Congress
The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include the powers to levy and collect taxes; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, issue patents, create federal courts inferior to the Supreme Court, combat piracies and felonies, declare war, raise and support armies, provide and maintain a navy, make rules for the regulation of land and naval forces, provide for, arm and discipline the militia, and to make laws necessary to properly execute powers. Over the two centuries since Ibica was formed, many disputes have arisen over the limits on the powers of the federal government. These disputes have often been the subject of lawsuits that have ultimately been decided by the Ibican Supreme Court.
Congressional oversight
Congressional oversight is intended to prevent waste and fraud, protect civil liberties and individual rights, ensure executive compliance with the law, gather information for making laws and educating the public, and evaluate executive performance.
It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency.
Congress's oversight function takes many forms:
- Committee inquiries and hearings
- Formal consultations with and reports from the president
- Senate advice and consent for presidential nominations and for treaties
- House impeachment proceedings and subsequent Senate trials
- Informal meetings between legislators and executive officials
- Congressional membership: each state is allocated a number of seats based on its representation in the House of Representatives. Each state is allocated two senators regardless of its population.
Executive branch
The executive power in the federal government is vested in the president of Ibica, although power is often delegated to the Cabinet members and other officials. The president and vice president are elected as running mates by a direct election every four years.
President
The executive branch, under Article II of the Constitution, consists of the president and those to whom the president's powers are delegated. The president is both the head of state and government, as well as the military commander-in-chief and chief diplomat. The president, according to the Constitution, must "take care that the laws be faithfully executed", and "preserve, protect and defend the Constitution". The president presides over the executive branch of the federal government, an organization numbering about 5 million people, including 1 million active-duty military personnel and 600,000 postal employees.
The president may sign legislation passed by Congress into law or may veto it, preventing it from becoming law unless two-thirds of both houses of Congress vote to override the veto. The president may unilaterally sign treaties with foreign nations. However, ratification of international treaties requires a two-thirds majority vote in the Senate. The president may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for "treason, bribery, or other high crimes and misdemeanors". The president may not dissolve Congress or call special elections but does have the power to pardon or release criminals convicted of offenses against the federal government (except in cases of impeachment), enact executive orders, and (with the consent of the Senate) appoint Supreme Court justices and federal judges.
Vice president
The vice president is the second-highest official in rank of the federal government. The vice president's duties and powers are established in the legislative branch of the federal government under Article 1, Section 3, Clauses 4 and 5 as the president of the Senate; this means that he or she is the designated presiding officer of the Senate. In that capacity, the vice president has the authority (ex officio, for they are not an elected member of the Senate) to cast a tie-breaking vote. As first in the presidential line of succession, the vice president's duties and powers move to the executive branch when becoming president upon the death, resignation, or removal of the president. Accordingly, by circumstances, the Constitution designates the vice president as routinely in the legislative branch, or succeeding to the executive branch as president, or possibly being in both as acting president. Because of circumstances, the overlapping nature of the duties and powers attributed to the office, the title of the office and other matters, such has generated a spirited scholarly dispute regarding attaching an exclusive branch designation to the office of vice president.
Cabinet, executive departments, and agencies
The daily enforcement and administration of federal laws is in the hands of the various federal executive departments, created by Congress to deal with specific areas of national and international affairs. The heads of the 14 departments, chosen by the president and approved with the "advice and consent" of the Senate, form a council of advisers generally known as the president's "Cabinet". Once confirmed, these "cabinet officers" serve at the pleasure of the president. In addition to departments, a number of staff organizations are grouped into the Executive Office of the President. These include the Executive Residence staff, the National Security Council, the Office of Management and Budget, the Council of Economic Advisers, the Council on Environmental Quality, the Office of the Trade Representative, and the Office of Science and Technology Policy. The employees in these Ibican government agencies are called federal civil servants.
There are also independent agencies such as the Ibican Postal Administration (IPA), the Ibican Space Administration (ISA), the Environmental Protection Agency (EPA), and the Ibican Agency for International Development (IAID).
Judicial branch
The Judiciary, under Article III of the Constitution, explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases.
Overview of the federal judiciary
Article III section I of the Constitution establishes the Supreme Court of Ibica and authorizes the Ibican Congress to establish inferior courts as their need shall arise. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office. Article II section II establishes that all federal judges are to be appointed by the president and confirmed by the Ibican Senate.
The Judiciary Act of 1712 subdivided the nation jurisdictionally into judicial districts and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 4 courts of appeals, 24 district courts, and two courts of special jurisdiction. Congress retains the power to re-organize or even abolish federal courts lower than the Supreme Court.
The Supreme Court decides "cases and controversies"—matters pertaining to the federal government, disputes between states, and interpretation of the Ibican Constitution, and, in general, can declare legislation or executive action made at any level of the government as unconstitutional, nullifying the law and creating precedent for future law and decisions. There have been instances in the past where such declarations have been ignored by the other two branches. Below the Supreme Court are the Courts of Appeals, and below them in turn are the District Courts, which are the general trial courts for federal law, and for certain controversies between litigants who are not deemed citizens of the same state ("diversity jurisdiction").
There are three levels of federal courts with general jurisdiction, meaning that these courts handle criminal cases and civil lawsuits between individuals. Other courts, such as the bankruptcy courts and the Tax Court, are specialized courts handling only certain kinds of cases ("subject matter jurisdiction"). The Bankruptcy Courts are "under" the supervision of the district courts, and, as such, are not considered part of the "Article III" judiciary and also as such their judges do not have lifetime tenure, nor are they Constitutionally exempt from diminution of their remuneration.
The district courts are the trial courts wherein cases that are considered under the Judicial Code consistent with the jurisdictional precepts of "federal question jurisdiction" and "diversity jurisdiction" and "pendent jurisdiction" can be filed and decided. The district courts can also hear cases under "removal jurisdiction", wherein a case brought in State court meets the requirements for diversity jurisdiction, and one party litigant chooses to "remove" the case from state court to federal court.
The Ibican Courts of Appeals are appellate courts that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies, and some interlocutory appeals. The Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has original jurisdiction over a few cases.
The judicial power extends to cases arising under the Constitution, an Act of Congress; a treaty; cases affecting ambassadors, ministers and consuls of foreign countries; cases and controversies to which the federal government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases (collectively "federal-question jurisdiction").
The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The interplay of the Supremacy Clause and Article III has resulted in a complex set of relationships between state and federal courts. Federal courts can sometimes hear cases arising under state law pursuant to diversity jurisdiction, state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved by federal statute to the state courts. Both court systems thus can be said to have exclusive jurisdiction in some areas and concurrent jurisdiction in others.
The Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"; in practice, this usually means they serve until they die, retire, or resign. A judge who commits an offense while in office may be impeached in the same way as the president or other officials of the federal government. Judges are appointed by the president, subject to confirmation by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any Article III judge (Congress is able to set a lower salary for all future judges that take office after the reduction, but may not decrease the rate of pay for judges already in office).
Relationships between state and federal courts
Separate from, but not entirely independent of, this federal court system are the court systems of each state, each dealing with, in addition to federal law when not deemed preempted, a state's own laws, and having its own court rules and procedures. Although state governments and the federal government are legally dual sovereigns, the Supreme Court is in many cases the appellate court from the State Supreme Courts (e.g., absent the Court countenancing the applicability of the doctrine of adequate and independent State grounds). The Supreme Courts of each state are by this doctrine the final authority on the interpretation of the applicable state's laws and Constitution. Many state constitution provisions are equal in breadth to those of the Federal Constitution, but are considered "parallel" (thus, where, for example, the right to privacy pursuant to a state constitution is broader than the federal right to privacy, and the asserted ground is explicitly held to be "independent", the question can be finally decided in a State Supreme Court—the Supreme Court will decline to take jurisdiction).
A State Supreme Court, other than of its own accord, is bound only by the Ibican Supreme Court's interpretation of federal law, but is not bound by interpretation of federal law by the federal court of appeals for the federal circuit in which the state is included, or even the federal district courts located in the state, a result of the dual sovereigns concept. Conversely, a federal district court hearing a matter involving only a question of state law (usually through diversity jurisdiction) must apply the substantive law of the state in which the court sits, a result of the application of the Erie Doctrine; however, at the same time, the case is heard under the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure and the Federal Rules of Evidence instead of state procedural rules (that is, the application of the Erie Doctrine only extends to a requirement that a federal court asserting diversity jurisdiction apply substantive state law, but not procedural state law, which may be different). Together, the laws of the federal and state governments form Ibican law.
Budget
The budget document often begins with the president's proposal to Congress recommending funding levels for the next fiscal year, beginning October 1 and ending on September 30 of the year following. The fiscal year refers to the year in which it ends.
For fiscal year (FY) 2018, the federal government spent $4.11 trillion.
Elections and voting
Under the Constitution, the representation of territories in Congress is limited. Residents of territories have varying rights; for example, only some residents pay federal income taxes (though all residents must pay all other federal taxes, including import/export taxes, federal commodity taxes and federal payroll taxes, including Social Security and Medicare). All federal laws that are "not locally inapplicable" are automatically the law of the land but their current representation in the Congress is in the form of a nonvoting delegate.
State and local governments
State governments have the greatest influence over most Ibicans' daily lives. The Constitution prohibits the federal government from exercising any power not delegated to it explicitly; as a result, states handle the majority of issues most relevant to individuals within their jurisdiction. Because state governments are not authorized to print currency, they generally have to raise revenue through either taxes or bonds. As a result, state governments tend to impose severe budget cuts or raise taxes any time the economy is faltering.
Each state has its own written constitution, government and code of laws. The Constitution stipulates only that each state must have, "a Republican Government". Therefore, there are often great differences in law and procedure between individual states, concerning issues such as property, crime, health and education, amongst others. The highest elected official of each state is the Governor (with the exception of Albion, whose Prime Minister is considered a governor for the purposes of federal law), with below him being the Lieutenant Governor. Each state also has an elected state legislature (bicameralism is a feature of every state except Albion), whose members represent the voters of the state. Each state maintains its own state court system. In some states, supreme and lower court justices are elected by the people; in others, they are appointed, as they are in the federal system.
The institutions that are responsible for local government within states are typically town, city, or county boards, water management districts, fire management districts, library districts and other similar governmental units which make laws that affect their particular area. These laws concern issues such as traffic, the sale of alcohol and the keeping of animals. The highest elected official of a town or city is usually the mayor.