89. Does the congressional committee to which a bill is referred effectively control its disposition?

Committees, for the most part, control whether hearings will be held on bills referred to them and whether these bills will be reported to the full Chamber for debate. Ordinarily, if a bill is not reported by a committee, the bill dies because the Chambers usually defer to the expertise and power of committee members in determining a measure's fate.

However, both the House and Senate have procedures for allowing measures not reported by a committee to be considered by the full Chamber. The House has a discharge procedure, usually used with measures of a controversial character. It is rarely employed and rarely successful, because it is cumbersome and because Members are uncomfortable circumventing committee authority. The procedure allows a majority of Representatives (218) to sign a petition to discharge a committee of any bill held there longer than 30 days, at which point the bill is placed on a special calendar and may be called up by any of the signers on the second or fourth Monday of any month. Very limited debate is allowed on the question of whether to consider a bill on the calendar. But, if the House agrees by majority to a bill's consideration, then it is debated under its general rules.

It is also possible to discharge a Senate committee by motion, but the procedure is rarely used. Instead, because the Senate does not generally require amendments to measures to be on the same subject as the measures, a Senator may offer the text of a measure buried in committee as an amendment to any measure being debated by the full Senate. This practice is not allowed in the House, where amendments must be relevant (called "germane") to the measures they seek to amend.

90. Are committee hearings open to the public?

Hearings by House committees and subcommittees are open to the public except when a committee, by majority vote while in public session, determines otherwise. This occurs, for instance, when national security matters are considered.

The Legislative Reorganization Act of 1970 permitted, for the first time, radio and television broadcast of House committee and subcommittee hearings.

Hearings by Senate committees and subcommittees are also open to the public. However, Senate committee hearings may be closed to the public if the committee determines by majority vote in open session that testimony must be secret for any of several reasons, including if it relates to national security matters, reflects adversely on the character or reputation of witnesses, or divulges information which is of a confidential nature.

Hearings of public interest in the Senate have been broadcast for more than 40 years.

91. What is meant by the "seniority rule"?

It had been the custom whereby a member who served longest on the majority side of a committee became its chairman or if on the minority, its ranking member. Members were ranked from the

chairman or ranking member down, according to length of service on the committee.

Modifications-including party practices, term limits on chairmanships, and limits on the number of committees and subcommittees chaired-have caused the seniority rule to be less rigidly followed than previously. Nevertheless, length of service on a committee remains the predominant criterion for choosing its chairman and ranking member. In both Chambers, nominees for committee chairmen are subject to public votes, first in meetings of their party colleagues (in conference or caucus), then in the full Chamber. Members who interrupt their service in a Chamber but subsequently return to the Congress, start again at the bottom of a committee list. Returning Members outrank other new Members who have no prior service. New Members also earn seniority over other newly elected Members by having prior service in the other legislative Chamber. In some cases, in which two Members have equal time in service in a Chamber, prior service as a State Governor or State legislator also may contribute in the determination of seniority.

THE EXECUTIVE BRANCH

92. How is the executive branch organized?

The Federal executive branch is headed by the President and consists of various entities and organizations of largely an administrative, regulatory, or policy-implementing character. Most prominent among these are 15 departments, whose heads comprise the Cabinet. In addition, there are a number of agencies (such as the Central Intelligence Agency and Environmental Protection Agency) plus separate smaller boards, committees, commissions, and offices created by law or Presidential directive. Immediately assisting the President are the agencies and entities of the Executive Office of the President. Additional information on the White House and Presidential activities is at <www.whitehouse.gov>.

93. What is the Executive Office of the President?

Formally established in 1939, the Executive Office of the President consists of satellite offices and agencies that assist the President in the exercise of various statutory responsibilities. Later, as conditions merited, such units were abolished or transferred to program departments and agencies of the executive branch. (See accompanying graphic, White House and Executive Office of the President.)

WHITE HOUSE AND EXECUTIVE OFFICE OF

THE PRESIDENT

THE PRESIDENT AND VICE PRESIDENT

94. Is the U.S. President comparable to a reigning monarch, a prime minister, or a premier?

The American President has been compared to an elective monarch, but there are few kings or queens today who exercise the same degree of authority as does the President of the United States. The President simultaneously serves to perform functions that parallel the activities of a king or queen in a monarchy and the prime minister or premier in a parliamentary democracy.

The President is traditionally accorded the unofficial designation "Chief of State," a position which most closely parallels that of a king or queen in a monarchy. As such the President is often recognized as the symbolic embodiment of the United States and its citi

zens.

The President also performs many of the functions of a prime minister or premier in a parliamentary democracy. As Chief Executive, an office held under the Constitution, the President presides over the Cabinet and has responsibility for the management of the executive branch. The Constitution also vests the President with the power to make treaties, and to appoint ambassadors, U.S. officers, and judges of Federal courts, with the advice and consent of the Senate. The President also holds the position of Commander in Chief of the Armed Forces.

Unlike a prime minister, the President is neither a member of the legislature nor is his tenure in office dependent upon the approval of a majority of legislators. Elected indirectly by the citizens through the electoral college, the President serves a definite term and can only be removed by the process of impeachment. Under the 22nd Amendment, presidential tenure is limited to no more than two elected four-year terms and a maximum of 10 years under special circumstances: i.e., if a twice-elected President serves an additional two years (or less) of the term of another elected President. 95. How is the President addressed?

Simply as "Mr. President." A letter sent to the Chief Executive is addressed "The President, The White House."

One of the earliest congressional debates dealt with the title of the Chief Executive. A committee of the House of Representatives suggested the simple title "The President of the United States." However, the Senate rejected this report in May 1789 at the behest of Vice President John Adams. Adams believed that "titles and politically inspired elegance were essential aspects of strong government," and supported the title "His Highness the President of the United States and protector of their Liberties." George Washington himself was annoyed by this debate and made known his annoyance at Adams's attempts to "bedizen him with a superb but spurious title." The issue was resolved on May 27 when the Senate agreed that the Chief Executive should have the simple title "the President of the United States."

96. What are the enumerated or express constitutional powers of the President?

Article II of the Constitution vests the "executive power" in the President. There is dispute among scholars as to whether such executive power consists solely of the authorities enumerated for the President or whether it also includes powers that are implied in Article II. Most authorities lean toward the latter interpretation.

These powers are those expressly granted to the President within the text of the Constitution. They are few in number and most are listed in Article II, sections 2 and 3 of the Constitution. The President is Commander in Chief of the Army, Navy, and Air Force, and of the State Militias (now called the National Guard) when called into the service of the United States. The President may require the written opinion of military executive officers, and is empowered to grant reprieves and pardons, except in the case of impeachment. The President receives ambassadors and other public ministers, ensures that the laws are faithfully executed, and commissions all officers of the United States. The President has power, by and with the advice and consent of the Senate, to make treaties, provided that two-thirds of the Senators present concur. The President also nominates and appoints ambassadors, other public ministers and consuls, Justices of the Supreme Court, Federal judges, and other Federal officers whose appointments are established by law, by and with the advice and consent of the Senate. The President has the power to fill temporarily all vacancies that occur during the recess of the Senate. Also, the President may, on extraordinary occasions, convene "emergency" sessions of Congress. Furthermore, if the two Houses disagree as to the time of adjournment, the President himself may adjourn the bodies. In addition to these powers, the President also has enumerated powers that allow him to directly influence legislation. The Constitution directs the President periodically to inform Congress on the State of the Union, and to recommend legislation that is considered necessary and expedient. Also, in Article I, section 7, the Constitution grants the President the authority to veto acts of Congress.

97. What are the implied constitutional powers of the President?

In addition to express powers, the President possesses powers that are not enumerated within the Constitution's text. These implied powers have been, and continue to be, a subject of dispute and debate. The task of attributing implied powers to the President is complicated by three factors: the importance of the presidency in the political strategy of the Constitution; the President's extensive and vaguely defined authority in international relations; and the fact that the President is often said to have inherent or residual powers of authority.

For example, although the Constitution does not grant to the President express power to remove administrators from their offices, as the chief executive, the President holds power over executive branch officers, unless such removal power is limited by public law. The President, however, does not have such implied authority over officers in independent establishments. When President