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Oklahoma Judicial Nominating Commission

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The Oklahoma Judicial Nominating Commission is the judicial nominating commission of the U.S. state of Oklahoma . It selects potential justices and judges for gubernatorial appointments for judges for state appellate courts .

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86-687: At the adoption of the Oklahoma Constitution in 1907, the Governors had the power to appoint, with Senate approval, anyone they wanted to any position within the judicial system that required gubernatorial appointment. This power extended to District Judges, Judges of the Oklahoma Court of Criminal Appeals, as well Justices of the Oklahoma Supreme Court . However, during the 1960s, a growing desire to restrain

172-469: A staggered six-year term. No person is eligible to immediately succeed themselves. The Chairman of the Commission is selected by its own members to serve for a one-year term. Of the members selected by the governor, no more than three may belong to the same political party. All commissioners serve without pay, but are compensated for travel expenses. No commissioner, while a member of the commission,

258-730: A combined state. The hard work of the Sequoyah State Constitutional Convention was not entirely lost, however. When representatives from Indian Territory joined the Oklahoma State Constitutional Convention in Guthrie the next year, they brought their constitutional experience with them. The Sequoyah Constitution served in large part as the basis for the constitution of the State of Oklahoma, which came into being with

344-707: 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 have exclusive jurisdiction in some areas and concurrent jurisdiction in others. The U.S. 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

430-613: A few cases. The judicial power extends to cases arising under the Constitution, an Act of Congress ; a U.S. treaty ; cases affecting ambassadors , ministers and consuls of foreign countries in the U.S.; 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 Eleventh Amendment removed from federal jurisdiction cases in which citizens of one state were

516-588: A large Native American population; the territory itself had been reduced over time to its then size. The movement to secure statehood for Indian Territory began in 1902 with a convention in Eufaula , consisting of representatives of the " Five Civilized Tribes ". The representatives met again in 1903 to organize a constitutional convention . The Sequoyah Constitutional Convention met in Muskogee , on August 21, 1905. General Pleasant Porter , Principal Chief of

602-591: A referendum in Indian Territory, in which they were overwhelmingly endorsed. The delegation received a cool reception in Washington . Eastern politicians, fearing the admission of two more Western states, and no doubt unwilling to admit an "Indian" state, put pressure on the U.S. President , Theodore Roosevelt , who finally ruled that the Indian and Oklahoma Territories would be granted statehood only as

688-816: A resident of Oklahoma. In the event that the commission can not reach a majority within thirty days, the governor may select the at-large member. State Question 752 amended the Commission by adding two more at-large members. One member will be appointed by the Speaker of the Oklahoma House of Representatives while the other will be appointed by the President Pro Tempore of the Oklahoma Senate . The members may come from anywhere in Oklahoma and cannot be licensed attorneys. Each member serves

774-478: A single elected term." Under the Presentment Clause of Article I, a bill that passes both chambers of Congress shall be presented to the president, who may sign the bill into law or veto the bill by returning it to the chamber where it originated. If the president neither signs nor vetoes a bill "within ten Days (Sundays excepted) after it shall have been presented to him" it becomes a law without

860-619: A special election can take place. 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), U.S. military and naval officers, and ambassadors to foreign countries. All legislative bills for raising revenue must originate in

946-515: A trade embargo, declare war upon a foreign government that the President had recognized, or decline to appropriate funds for an embassy in that country." The president may also negotiate and sign treaties, but ratifying treaties requires the consent of two-thirds of the Senate. Article II's Appointments Clause provides that the president "shall nominate, and by and with the Advice and Consent of

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1032-411: Is allowed to hold any other public office by election or appointment. They may not serve as any official within a political party and are not eligible for nomination to a judicial position by the Commission. This restriction applies as long as the commissioner is a part of the commission and for five years after their term is over. Oklahoma Constitution The Constitution of the State of Oklahoma

1118-645: Is established in Article Two of the United States Constitution , which vests executive power in the president of the United States . The president is both the head of state (performing ceremonial functions) and the head of government (the chief executive). The Constitution directs the president to " take care that the laws be faithfully executed " and requires the president to swear or affirm to "preserve, protect and defend

1204-1024: Is incapacitated, dies, or resigns. Other executive offices and departments created in the article are the Secretary of State , the Attorney General , the State Treasurer , the State Auditor and Inspector , the State Superintendent of Public Instruction , the Insurance Commissioner , the Commissioner of Labor , the Department of Mines , the Board of Agriculture , and the Commissioners of

1290-402: 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: The executive branch

1376-604: Is one delegate each from Washington, D.C. , Guam , the Virgin Islands , American Samoa , the Commonwealth of the Northern Mariana Islands , and a resident commissioner from Puerto Rico . Unlike the U.S. Senate , all members of the U.S. House must be elected and cannot be appointed. In the case of a vacancy, the seat must be filled through a special election, as required under Article 1 of

1462-415: Is sometimes used as a metonym for the federal government. The United States government is based on the principles of federalism and republicanism , in which power is shared between the federal government and state governments . The interpretation and execution of these principles, including what powers the federal government should have and how those powers can be exercised, have been debated ever since

1548-588: Is the commander-in-chief of the armed forces . Under the Reception Clause , the president is empowered to "receive Ambassadors and other public Ministers"; the president has broad authority to conduct foreign relations, is generally considered to have the sole power of diplomatic recognition , and is the United States' chief diplomat, although the Congress also has an important role in legislating on foreign affairs, and can, for example, "institute

1634-569: Is the governing document of the U.S. State of Oklahoma . Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th U.S. state. At its ratification, the Oklahoma Constitution was the lengthiest governing document of any government in the U.S. All U.S. state constitutions are subject to federal judicial review ; any provision can be nullified if it conflicts with

1720-731: The Creek Nation , was selected as president of the convention. The elected delegates decided that the executive officers of the Five Civilized Tribes would also be appointed as vice-presidents: William Charles Rogers , Principal Chief of the Cherokees ; William H. Murray , appointed by Chickasaw Governor Douglas H. Johnston to represent the Chickasaws; Chief Green McCurtain of the Choctaws ; Chief John Brown of

1806-637: The House of Representatives and the Senate . The article establishes the manner of election and qualifications of members of each House, and includes a unique term limits provision in Section 17A: no member can serve more than 12 years total in the legislature, whether in one chamber or in both chambers. In addition, it provides for free debate in the legislature, limits self-serving behavior by senators and representatives, outlines legislative procedure and indicates

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1892-688: The Oklahoma Court on the Judiciary (charged with reviewing Justices and Judges). The Article continues to further describe how Justices and Judges are selected, and how and under what circumstances Justices and Judges are removed from office. Article Eight states that all state elected offices, including Supreme Court Justices, are subject to impeachment for wilful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. The Oklahoma House of Representatives must bring

1978-588: The Seminoles ; and Charles N. Haskell , selected to represent the Creeks (as General Porter had been elected President). The convention drafted a constitution, drew up a plan of organization for the government, put together a map showing the counties to be established, and elected delegates to go to the United States Congress to petition for statehood. The convention's proposals were then put to

2064-614: The U.S. 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 subordinate to the U.S. Supreme Court . In the federal division of power, the federal government shares sovereignty with each of the 50 states in their respective territories. U.S. law recognizes Indigenous tribes as possessing sovereign powers , while being subject to federal jurisdiction. The full name of

2150-532: The U.S. Tax Court , are specialized courts handling only certain kinds of cases, known as subject matter jurisdiction . The Bankruptcy Courts are supervised by the district courts, and, as such, are not considered part of the Article III judiciary. As such, their judges do not have lifetime tenure, nor are they Constitutionally exempt from diminution of their remuneration. The Tax Court is an Article I Court, not an Article III Court. The district courts are

2236-564: The United States , a federal republic located primarily in North America , comprising 50 states , five major self-governing territories , several island possessions , and the federal district (national capital) of Washington, D.C. , where the majority of the federal government is based. The U.S. federal government is composed of three distinct branches: legislative , executive , and judicial , whose powers are vested by

2322-505: The United States 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, known as diversity jurisdiction . There are three levels of federal courts with general jurisdiction, which are courts that handle both criminal and civil suits between individuals. Other courts, such as the bankruptcy courts and

2408-914: The United States Postal Service (USPS), NASA , the Central Intelligence Agency (CIA), the Environmental Protection Agency (EPA), and the United States Agency for International Development (USAID). In addition, there are government-owned corporations , including the Federal Deposit Insurance Corporation and the National Railroad Passenger Corporation . The Judiciary, under Article III of

2494-713: The White House 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 U.S. Trade Representative , the Office of National Drug Control Policy , and the Office of Science and Technology Policy . Outside of the EOP and the executive departments are a number of independent agencies . These include

2580-593: The militia , exercise exclusive legislation in the District of Columbia , regulate interstate commerce , and to make laws necessary to properly execute powers. Over the two centuries since the United States 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 United States Supreme Court . Congressional oversight

2666-484: The 50 states is determined by state populations, and it is updated after each decennial U.S. Census. Each member serves a two-year term. In order to be elected as a representative, an individual must be at least 25 years of age, must have been a U.S. citizen for at least seven years, and must live in the state that they represent. In addition to the 435 voting members, there are six non-voting members, consisting of five delegates and one resident commissioner . There

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2752-886: The Cabinet who are appointed by the president. These are the White House Chief of Staff, Administrator of the Environmental Protection Agency, Director of the Office of Management & Budget, United States Trade Representative, U.S. Ambassador to the United Nations, Chairman of the Council of Economic Advisers, and Administrator of the Small Business Administration. The heads of the 15 departments are chosen by

2838-407: The Congress. The United States 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 . The U.S. House of Representatives is made up of 435 voting members, each of whom represents a congressional district in a state from where they were elected. Apportionment of seats among

2924-714: The Constitution of the United States." Legal scholars William P. Marshall and Saikrishna B. Prakash write of the Clause: "the President may neither breach federal law nor order their subordinates to do so, for defiance cannot be considered faithful execution. The Constitution also incorporates the English bars on dispensing or suspending the law, with some supposing that the Clause itself prohibits both." Many presidential actions are undertaken via executive orders , presidential proclamations , and presidential memoranda . The president

3010-631: The Constitution, explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases. Article III section I of the Constitution establishes the Supreme Court of the United States and authorizes the United States 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

3096-615: 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 except Louisiana and Georgia , which have runoffs , and Maine and Alaska , which use ranked-choice voting . Congress has

3182-537: The District Courts, the Commission may provide the same service as it does for the higher courts. The majority of Commission is "sufficient to decide any question", unless otherwise specified by the Constitution. The Commission has jurisdiction to determine whether the qualifications of nominees to hold a judicial position have been met and to determine the existence of vacancies on the Commission. The commission currently consists of 13 members: six appointed by

3268-559: The Governor's executive power allowed for the adoption of a new method of selecting the judges and justices of the state's highest courts. On July 11, 1967, the Oklahoma Constitution was amended by State Question 447. 447 added Article 7B to the Constitution and created the Judicial Nominating Commission, originally consisting of 13 members. State Question 752 (adopted by the voters on November 2, 2010) amended

3354-582: The House and 19 in the Senate, plus 4 joint permanent committees with members from both houses overseeing the Library of Congress , printing, taxation, and the economy. 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. The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include

3440-425: 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

3526-469: The House plus its two senators). The District of Columbia has a number of electoral votes "equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State". A President may also be seated by succession . As originally drafted, there was no limit to the time a President could serve, however

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3612-471: The Land Office. Article Seven describes the court system (the judicial branch ), which is unique in that it establishes two courts of last resort (only neighboring state Texas has a similar system). The Article vests the judicial power in a Supreme Court , a Court of Criminal Appeals , a Worker's Compensation Court, a Court of Tax Review, and such intermediate, trial level and municipal courts as

3698-577: The Legislature from regulating the carrying of weapons. Article Three deals with suffrage in the State of Oklahoma. All peoples of the age of 18 are qualified electors in the state and a State Elector Board is established charged with the supervision of such elections as the Legislature shall direct. No elector in Oklahoma may vote in any election unless previously registered to do so with the state, and all elections must be “free and equal,” as no “power, civil or military, shall ever interfere to prevent

3784-572: The Legislature, at its discretion, may establish. As written in the Constitution, the Legislature is given the enumerated power to dissolve any court in Oklahoma at any time, except the Supreme Court. All civil judgments are reviewable by the Supreme Court and all criminal judgement are reviewable by the Court of Criminal Appeals. The Article also creates the Oklahoma Court of Impeachment (charged with removal all elected officials from office) and

3870-568: The Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States " while providing that "Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." These appointments delegate "by legal authority a portion of

3956-411: The State of Oklahoma, public school are established to be taught only in English, and that suffrage shall never be revoked due to “race, color, or previous condition of servitude.” Article Two enumerates the rights of all citizens of the State of Oklahoma. These include that all political power derives from the people, the inherent rights “to life, liberty, the pursuit of happiness, and the enjoyment of

4042-417: The Twenty-second Amendment, ratified in 1951, originally limits any president to serving two four-year terms (8 years); the amendment specifically "caps the service of a president at 10 years" by providing that "if a person succeeds to the office of president without election and serves less than two years, he may run for two full terms; otherwise, a person succeeding to office of president can serve no more than

4128-404: The U.S. Constitution. In contrast, the Senate is made up of two senators from each state, regardless of population. There are currently 100 senators (2 from each of the 50 states), who each serve six-year terms. Approximately one-third of the Senate stands for election every two years. If a vacancy occurs, the state governor appoints a replacement to complete the term or to hold the office until

4214-441: The U.S. Constitution. The constitution has been regularly amended, beginning with an amendment approved in the same election in which it was ratified. More than 150 constitutional amendments have been approved by Oklahoma voters. From 1890 onward, the land that now forms the State of Oklahoma was made up of the Oklahoma Territory (to the west), and the Indian Territory (to the east). Indian Territory, as its name suggests, had

4300-404: The Union in 1907. The Oklahoma Constitution ends with the officers and delegates to the Constitutional Convention signing the documents. It reads: Territory of Oklahoma, Logan County: Federal government of the United States [REDACTED] [REDACTED] The federal government of the United States ( U.S. federal government or U.S. government ) is the common government of

4386-411: The adoption of the Constitution. Some make a case for expansive federal powers while others argue for a more limited role for the central government in relation to individuals, the states, or other recognized entities. Since the American Civil War , the powers of the federal government have generally expanded greatly, although there have been periods since that time of legislative branch dominance (e.g.,

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4472-400: The article by adding two additional members. The new method mandated by Article 7B states that in the event of a vacancy, for whatever reason, within the Oklahoma Supreme Court , the Oklahoma Court of Criminal Appeals , or the Oklahoma Court of Civil Appeals , the Commission screens a list of applicants that desire that job. Next, the Commission selected three qualified nominees and presents

4558-402: The case from state court to federal court. The United States 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 U.S. Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has original jurisdiction over

4644-404: The chambers to consider urgent matters. 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 they are the designated presiding officer of the Senate. In that capacity,

4730-409: The charges against the individual with the Oklahoma Senate serving as the Court on Impeachment , with the Chief Justice of Oklahoma serving as the court's judge . If charged with impeachment and found guilty, the official’s term is immediately suspended. The final section of the Oklahoma Constitution deals with laws and other ordinances in place in the Territory of Oklahoma before its admission to

4816-406: The constitution consists of twenty-nine articles, with the first eight pertaining to the state’s government. Article One establishes how the state of Oklahoma is to relate to the United States federal government, stating that the US Constitution is the Supreme Law of the Land. By this article, religious freedom is established, polygamy is forbidden, the debts of Oklahoma Territory are acquired by

4902-411: The decades immediately following the Civil War) or when states' rights proponents have succeeded in limiting federal power through legislative action, executive prerogative or by a constitutional interpretation by the courts. One of the theoretical pillars of the U.S. Constitution is the idea of " checks and balances " among the powers and responsibilities of the three branches of American government:

4988-414: The delegates to write, "the very best constitution ever written." Bryan proposed that they accomplish this by consulting previously written state constitutions. The delegates not only complied, but also consulted the proceedings of the Sequoyah Convention, and the U.S. Constitution. Having completed a draft document, they adjourned March 15, 1907. There were two additional week-long sessions called to finish

5074-427: The draft before it was put before the voters on September 17, 1907. Eligible voters approved their new Constitution a 71 percent yes vote. Satisfied with the proposed document, President Theodore Roosevelt signed the necessary papers November 16, 1907, and announced, "Oklahoma is now a state." Members of the Oklahoma Constitutional convention included: The Oklahoma Constitution Preamble reads: The remainder of

5160-418: The executive branch when becoming president upon the death, resignation, or removal of the president, which has happened nine times in U.S. history. Lastly, in the case of a Twenty-fifth Amendment succession event, the vice president would become acting president, assuming all of the powers and duties of president, except being designated as president. Accordingly, by circumstances, the Constitution designates

5246-519: The executive, the legislative, and the judiciary. For example, while the legislative branch ( Congress ) has the power to create law, the executive branch under the president can veto any legislation—an act which, in turn, can be overridden by Congress. The president nominates judges to the nation's highest judiciary authority, the Supreme Court (as well as to lower federal courts), but those nominees must be approved by Congress. The Supreme Court, in turn, can invalidate unconstitutional laws passed by

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5332-433: The free exercise of the right of suffrage,” and “electors shall be privileged from arrest during their attendance on elections and while going to and from the same” except in cases of treason against the state. Article Four established the Government of Oklahoma under the doctrine of separation of powers and reads: Article Five establishes the legislative branch of government, Oklahoma Legislature , which includes

5418-487: The gains of their own industry,” the right to peaceful assembly, a ban on the interference with suffrage, the definition of treason, the right to trial by jury, that marriage in the State of Oklahoma is defined as being between a man and a woman, and many others. The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; but nothing herein contained shall prevent

5504-451: The governor, six selected by the Oklahoma Bar Association , and the thirteenth selected at large by the other twelve. Of the six gubernatorial appointees, each one must come from a different Congressional District (as those districts existed in Oklahoma in 1967) and none are allowed to be a licensed attorney in Oklahoma. The 13th member is selected by an eight-member majority, must not be a licensed attorney in Oklahoma or any state, but must be

5590-415: The law and creating precedent for future law and decisions. The United States Constitution does not specifically mention the power of judicial review , which is the power to declare a law unconstitutional. There have been instances in the past where such declarations have been ignored by the other two branches. Below the U.S. Supreme Court are the United States Courts of Appeals , and below them in turn are

5676-413: The merger of the two territories in 1907. The final nail in the coffin of the proposed State of Sequoyah was an Enabling Act passed by Congress on June 6, 1906 that provided for a single state to be created from the so-called "Twin Territories." The act further specified that elections would be held in both territories on November 6, 1906 to elect delegates for a constitutional convention. Each territory

5762-433: The names to the Governor. The Governor may then appoint one of the nominees to position with further approval not necessary. If the Governor fails to appoint a nominee to the position within sixty days, the Chief Justice of Oklahoma may make the selection. The Commission's power only extends to Oklahoma's appellate courts. It can not influence the other judicial candidates. However, should there be an unexpected vacancy within

5848-642: The office of vice president. Article II, Section 2 of the Constitution sets forth the creation of a presidential Cabinet. The role of the Cabinet is to advise the president and carry out the programs and laws of the federal government. The Cabinet is composed of the vice president and the leaders of 15 executive departments. Those executive departments are the Departments of State, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security. Additionally, there are seven other members of

5934-421: The plaintiffs and the government of another state was the defendant. It did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant. 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

6020-497: The power to adjourn Congress whenever the House and Senate cannot agree when to adjourn; no president has ever used this power. The president also has the constitutional power to, "on extraordinary Occasions, convene both Houses, or either of them"; this power has been used "to consider nominations, war, and emergency legislation." This Section invests the President with the discretion to convene Congress on "extraordinary occasions"; this special session power that has been used to call

6106-415: The power to re-organize or even abolish federal courts lower than the Supreme Court. The U.S. Supreme Court decides cases and controversies , which include matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and, in general, can declare legislation or executive action made at any level of the government as unconstitutional , nullifying

6192-437: 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. As of 2023 , three presidents have been impeached: Andrew Johnson , Bill Clinton , and Donald Trump (twice). None of

6278-404: The powers of the legislative branch. Article Six describes the governorship (the executive branch ): procedures for the selection of the governor, qualifications for office, the oath to be affirmed and the powers and duties of the office. It also provides for the office of Lieutenant Governor of Oklahoma , and specifies that the lieutenant governor succeeds to the governorship if the governor

6364-420: 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

6450-502: The president and approved with the "advice and consent" of the U.S. Senate. Once confirmed, these "Cabinet secretaries" serve at the pleasure of the president. In addition to the executive departments, a number of staff organizations are grouped into the Executive Office of the President (EOP), which was created in 1939 by President Franklin D. Roosevelt. The EOP is overseen by the White House Chief of Staff. The EOP includes

6536-485: The president and confirmed by the United States Senate. The Judiciary Act of 1789 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, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress retains

6622-474: The president has major agenda-setting powers to influence lawmaking and policymaking, and typically has a major role as the leader of their political party . The president and vice president are normally elected as running mates by the Electoral College ; each state has a number of electoral votes equal to the size of its Congressional delegation ( i.e. , its number of Representatives in

6708-525: The president's signature, "unless the Congress by their Adjournment prevent its Return in which Case it shall not be a Law" (called a pocket veto ). A presidential veto may be overridden by a two-thirds vote in both houses of Congress; this occurs relatively infrequently. 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 , but has

6794-498: The republic is the "United States of America". No other name appears in the Constitution , and this is the name that appears on money, in treaties, and in legal cases to which the nation is a party. The terms "Government of the United States of America" or "United States Government" are often used in official documents to represent the federal government as distinct from the states collectively. In casual conversation or writing,

6880-594: The sovereign powers of the federal government." The Constitution grants the president the "Power to grant Reprieves and Pardons for Offences against the United States , except in Cases of Impeachment"; this clemency power includes the power to issue absolute or conditional pardons, and to issue commute sentences , to remit fines, and to issue general amnesties . The presidential clemency power extends only to federal crimes, and not to state crimes. The president has informal powers beyond their formal powers. For example,

6966-495: The term "Federal Government" is often used, and the term "U.S. Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with the federal government; for instance, the Federal Bureau of Investigation , National Oceanic and Atmospheric Administration , and National Park Service . Because the seat of government is in Washington, D.C. , "Washington"

7052-434: The three were removed from office following trial in the Senate. Article I, Section 2, paragraph 2 of the U.S. 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. The 118th Congress (2023–2025) has 20 standing committees in

7138-529: The trial courts wherein cases that are considered under the Judicial Code (Title 28, United States Code) consistent with the jurisdictional precepts of federal question jurisdiction , 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 a state court meets the requirements for diversity jurisdiction, and one party litigant chooses to "remove"

7224-518: 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 pursuant to the Twenty-fifth Amendment . 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

7310-522: The vice president has the authority ( ex officio , for they are not an elected member of the Senate) to cast a tie-breaking vote . Pursuant to the Twelfth Amendment , the vice president presides over the joint session of Congress when it convenes to count the vote of the Electoral College . As first in the U.S. presidential line of succession , the vice president's duties and powers move to

7396-604: Was to elect 55 delegates. The Osage Nation was allowed two delegates, giving a total of 112 delegates. The Oklahoma Constitutional Convention opened in Guthrie on November 20, 1906. William H. Murray was elected chairman of the convention. Charles N. Haskell was elected the majority floor leader by the Democrats, and Henry Asp was elected minority floor leader by the Republicans. William Jennings Bryan came to encourage

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