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| | == Federal Agencies == | | == Federal Agencies == |
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| − | The day-to-day power of the federal government is in its numerous "agencies", or departments. These agencies, all located in the Executive Branch, handle many types of disputes before they become lawsuits. The Department of Education hears complaints about violation of federal law in public schools; the Department of Labor hears labor disputes, including alleged discrimination; the Department of Health and Human Services handles the massive federal health care spending. Each of the 15 federal agencies, including the relatively new Department of Homeland Security (established after 9/11), have responsibilities that grow over time. | + | The day-to-day power of the federal government is in its numerous "agencies", or departments. These agencies, all located in the Executive Branch, handle many types of disputes before they become lawsuits. The Department of Education hears complaints about violation of federal law in public schools; the Department of Labor hears complaints about violations of the federal minimum wage; and the Department of Health and Human Services handles the massive federal health care spending. Each of the 15 federal agencies, including the relatively new Department of Homeland Security (established after 9/11), have responsibilities that grow over time. |
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| − | These departments employ thousands of people. At the top of each department is a "Secretary", a word that does not have its ordinary meaning. The "Secretary of State" is the leader of the State Department. The official full title of each of these departments includes "United States" in order to distinguish them from agencies in foreign nations, or in state governments, as in "United States Department of State," or "U.S. Department of State." | + | These departments employ thousands of people. At the top of each department is a "Secretary", a word that does not have its ordinary meaning here. Instead, a "Secretary" as a title in government means a leader of an agency. The "Secretary of State" is the leader of the State Department. The official full title of each of these departments includes "United States" in order to distinguish them from agencies in foreign nations, or in state governments, as in "United States Department of State," or "U.S. Department of State." |
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| | A president's "Cabinet" includes the leaders (Secretary) of each of the departments. The president nominates the Secretary for each Department, and he is confirmed or rejected by the Senate. The president may fire a Secretary if unhappy with his work, but that rarely happens. | | A president's "Cabinet" includes the leaders (Secretary) of each of the departments. The president nominates the Secretary for each Department, and he is confirmed or rejected by the Senate. The president may fire a Secretary if unhappy with his work, but that rarely happens. |
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| | Many of these agencies affect individuals, and this area of law is known as "administrative law." Many everyday problems concern administrative law at either the state or federal level. | | Many of these agencies affect individuals, and this area of law is known as "administrative law." Many everyday problems concern administrative law at either the state or federal level. |
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| − | During a Republican presidential debate earlier this year, Texas Governor Rick Perry famously declared that he would eliminate three entire federal agencies if elected president. But after saying that, Governor Perry could name only two out of the three, and am embarrassing pause ensued. Whether this inability was due to forgetfulness or a lack of familiarity with the federal agencies, it did not help his ability to win the Republican nomination. Perry pulled out of the race entirely a few weeks later. | + | During a Republican presidential debate earlier this year, Texas Governor Rick Perry famously declared that he would eliminate three entire federal agencies if elected president. But after saying that, Governor Perry could name only two out of the three, and an embarrassing pause ensued. Whether this inability was due to forgetfulness or a lack of familiarity with the federal agencies, it did not help his ability to win the Republican nomination. Perry pulled out of the race a few weeks later. |
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| | === Regulations === | | === Regulations === |
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| − | Several of the agencies below exert their power over Americans by imposing regulations, or rules, on what Americans can do. Such regulations are adopted pursuant to a "notice and comment" procedure that first gives notice to the public of the proposed regulation, and accepts comments by the public on them. Notice to the public of a new federal regulations is given by publishing it in the "Federal Register," and then providing a deadline for submitting comments, which can often be sent by email. | + | Several of the agencies below exert their power over Americans by imposing regulations, or rules, on what Americans can do. Such regulations are adopted pursuant to a "notice and comment" procedure that first gives notice to the public of the proposed regulation, and then accepts comments by the public on them. Notice to the public of a new federal regulation is given by publishing it in the "Federal Register," and then providing a deadline for submitting comments, which can often be sent by email. |
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| | After receiving the comments, the agency then typically promulgates a final regulation that has the force of law, even though it was never passed by Congress. Final regulations are published in both the Federal Regulations and in the Code of Federal Regulations (C.F.R.). They have the force of federal law. | | After receiving the comments, the agency then typically promulgates a final regulation that has the force of law, even though it was never passed by Congress. Final regulations are published in both the Federal Regulations and in the Code of Federal Regulations (C.F.R.). They have the force of federal law. |
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| − | Some people, particularly in the Tea Party movement, question whether this is even constitutional, but it has been done for more than a century and is not likely to invalidated by the courts, as long as the regulations can cite some basis in a law passed by Congress. The growing field of law that deals with regulations by agency is "administrative law," and thousands of attorneys have successful practices working on these issues. | + | Some people, particularly in the Tea Party movement, question whether this is even constitutional, but it has been done for more than a century and is not likely to invalidated by the courts, as long as the regulations can cite some basis in a law passed by Congress. The growing field of law that deals with regulations by agencies is "administrative law," and thousands of attorneys have successful practices working on these issues. |
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| | Here are the major federal agencies under the direction of the president: | | Here are the major federal agencies under the direction of the president: |
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| | ==== Food and Drug Administration ==== | | ==== Food and Drug Administration ==== |
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| − | The Food and Drug Administration (FDA) has become one of the most powerful of all government agencies, because it decides which medication will be allowed to be sold, and which ones will not. It has been criticized for delaying approval of life-saving medication, while approving dangerous, harmful medication instead. The FDA is heavily influenced by politics. | + | The Food and Drug Administration (FDA) has become one of the most powerful of all government agencies, because it decides which medication will be allowed to be sold, and which ones will not. It has been criticized for delaying approval of life-saving medication, while approving other controversial medication based on political pressure. The FDA is heavily influenced by politics. |
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| − | For example, the FDA has delayed approval for good adult stem cell therapies, for which the Nobel Prize was just awarded to Japanese and British scientists, and this has forced some American patients to travel to foreign countries in order to receive this therapy for paralyzing injuries and diseases. But meanwhile the FDA has approved abortion-causing drugs to the harm of the unborn child, because there is political pressure by Planned Parenthood and others to promote abortion. | + | For example, the FDA has delayed approval for good adult stem cell therapies, for which the Nobel Prize was just awarded to Japanese and British scientists, and this has forced some American patients to travel to foreign countries in order to receive this therapy for paralyzing injuries and diseases. But meanwhile the FDA has approved abortion-inducing drugs to the harm of the unborn child, because there is political pressure by Planned Parenthood and others to promote abortion. |
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| − | The FDA also has the responsibility to approve the use of controversial new vaccines, which then become requirements for children who attend public school. | + | The FDA also has the authority to approve the use of controversial new vaccines, which then become requirements for children who attend public school. |
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| | ==== Patent and Trademark Office ==== | | ==== Patent and Trademark Office ==== |
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| − | A unique clause in the U.S. Constitution authorizes the federal government to protect inventors by granting patents that give those inventors exclusive rights for a fixed period of time (usually 19 years) in what they create. The Patent and Trademark Office (PTO) implements this law by accepting applications for patients. | + | A unique clause in the U.S. Constitution authorizes the federal government to protect inventors by granting patents that give those inventors exclusive rights for a fixed period of time (usually 20 years) in what they create. The Patent and Trademark Office (PTO) implements this law by accepting applications for patents. |
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| − | Separately, the PTO also accepts applications for and grants trademarks on names and phrases that are used to describe goods and services in commerce. | + | Separately, the PTO also accepts applications for and grants trademarks on names and phrases that are used to identify a company's goods and services in commerce. |
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| | ==== National Institute of Standards and Technology ==== | | ==== National Institute of Standards and Technology ==== |