The System of American

Government

“Americans are a nation born ofan idea, not the place, but the

idea,created the United States Government”.

Theodore H.White

                      

The U.S. Constitution - the basic law Federalism:1. principle of limited government;2. division of powers between federal

and state governments Federal government:1. 3 main branches –Congress,

President and his team, Supreme Court and their functions;

2. Separation of powers among 3 branches of government;

3. System of checks and balances

Outline

The U.S. Constitution

1781 - the Articles of Confederation were ratified

1787 –Constitutional Convention met in Philadelphia

1788 – The Federalist Papers by A. Hamilton and J. Madison

1789 – The New Constitution was adopted by the 13 states

1791 – The Bill of Rights was added to the Constitution

sets the basic form of government: 3 separate branches, each one having powers over the others;

gives the U.S. a “federal” system of government: a federal system is one in which the power to rule is shared;

specifies the powers and duties of each federal branch of government, with all other powers and duties belonging to the states;

gives the ultimate power not to the President or to the Congress or to the Supreme Court, or to any political parties, but to “We, the People”, in fact and in spirit.

The Constitution

1 – Legislative: Congress and its powers.

2 - Executive: the President and his powers.

3 – Judicial: the Supreme Court and its powers.

4 – States and organization of their governments.

5 – How to amend the Constitution.6 - The Constitution is the supreme law.

7 – How to ratify the Constitution.

Articles of the Constitution

1 – Freedom of religion, speech, the press and assembly.

2 – The right to have guns. 3 – Housing soldiers. 4 – Searches and warrants. 5 – Rights of people accused of a crime

and protection of private property. 6 – Right to a Fair Trial and witnesses. 7 – Right to a Jury Trail. 8 – Bails, fines, and punishments. 9 – The people keep some rights. 10 - The States keep some powers.

The Bill of Rights

1. Federalism ( the principle of limited government);

2. Separation of powers among 3 branches of government;

3. System of checks and balances to restrict the powers of each branch;

4. Respect for the Constitution.

The main principles of American Government

The U.S. is a representative

democracy

All government power rests

with the people who directs

policies by voting for

governmental representatives

FIRST PRINCIPLEFederalism - the principle of

limited government

The Constitution

The FederalGovernment

State Governments

Executivebranch headedby state gover-

nors

Legislative BranchSenate

House of Repr.

Judicial branch

County courts

The authority is dividedbetween

LOCAL Governments

The Federalist Papers by J. Madison and A. Hamilton (1788)

A new kind of federalism: instead of the absolute sovereignty, the states would retain a “residual sovereignty” (James Madison) in all areas that did not require national concern;

Concurrent powers (A. Hamilton)

New kind of Federalism

Concurrent powers

Federal governmen

t powers

State governments powers

The division of powers between federal and state governments

Declare war;Regulateforeign commerce; Regulate interstate commerce; Coin and print money; Conduct foreign affairs

Conduct elections and set qualifications for resident voters; Govern marriage and divorce laws;Regulate intrastate commerce

POWERS AVAILABLE TO BOTH FEDERAL AND STATE GOVERNMENTS

(CONCURRENT POWERS)

1.  Tax and collect taxes 2.  Set standards of public health 3.  Establish courts 4.  Make and enforce laws 5.  Fund and regulate public education

Local VS state governments

How do they coexist?

The individual states all have republican forms of government with a senate and a house

All have executive branches headed by state governors and independent court systems

Each state has its own constitution

All must respect the federal laws and not make laws that interfere with those of the other states

State Governments

local governments are created and empowered by the state

they exercise only those powers clearly given to them by the state legislature

about half of the states have adopted "home-rule" provisions for local government

Under home-rule, local governments can exercise all powers not prohibited to them

Local governments

Second PrincipleSeparation of powers among 3 branches of

government

helps to avoid the tyranny of concentrated power;

helps to increase governmental efficiency and effectiveness: by being limited to specialized functions, the different branches of government develop both an expertise and a sense of pride in their roles, which would not be the case if they were joined together.

THE SEPARATION OF POWERS The Federalist Papers

3 Branches of Federal Government

Federal Government

Legislative Branch

Makes lawsCongress

Executive Branch Administers the country

The President and the Cabinet

Judicial Branch Interprets the laws

The Supreme Court

Houseof Represen-

Tatives435 repr.

Senate100 represen-

tatives

14 depart-mentsand

Vice-President

13 Federal courts of Appeal

94 District Courts

The system of checks and balances

LegislativeBranch

Oversightpower

Executivebranch

JudicialBranchPower of JudicialReview

It is made up of representatives elected to Congress which includes the Senate and the House of Representatives

The Legislative Branch of Government

Parliament vs Congress

The legislature in a parliamentary system is a parliament; the legislature in a presidential system is a congress.

In a parliamentary system, the executive and the leaders of the administrative bureaucracies are chosen from and are accountable to the majority in Parliament.

In a presidential system the executive and the cabinet are entirely separate from the legislative body.

No one (an exception is the vice president) can be a member of both the executive and the legislative branch.

Depending on party dynamics, the two branches can be at odds over policy priorities and legislative agenda.

To make laws;To change laws;To watch government expenditure;

To create new court systems;

To abolish existing ones

What are the main functions of Congress?

Congress

The House of Representatives

435 repr.2-year term

20 committees

The Senate100

Senators6-year term

16 committеes

Committees: the workhorses of Congress

◦A. Congress has committees for the same reason that any large organization is subdivided into specialized groups or divisions: to develop and use expertise in specific areas.

◦B. Committee types include standing, joint, select and conference.

◦C. Influence on committees grows formally with seniority and informally with increased expertise.

1. A bill is introduced into one house of Congress by a member.

2. The bill is studied by a committee of that house. 3. The bill is debated and voted on by that house. 4. The approved bill is introduced in the other

house. 5. The bill is studied by a committee of that house. 6. The bill is debated and voted on by that house. 7. The bill is sent to a committee if there are

differences between the House and Senate versions, and both houses must approve the committee version of the bill.

8. The approved bill is sent to the President 9. The President signs or vetoes the bill. 10. Congress can override a veto by a 2/3 vote in

each house.

How a bill becomes a law?

How does a bill become a law?

The SenateThe bill is

studied,debated and

voted

House of represen-tаtives

The Bill is initiated,discussed, studied,

voted, thenSent to

A Bill Becomes a Law

PresidentVetoes or

signs

1

2

3

4

5

The system of checks and balances

LegislativeBranch

Oversightpower

Executivebranch

JudicialBranchPower of JudicialReview

prevents waste and fraud; protects civil liberties and individual rights;

ensures executive compliance with the law;

gathers information for making laws and educating the public;

evaluates executive performance.

The oversight powers of Congress

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

Congress's oversight functions take many forms:

It is responsible for administering the laws passed by Congress

The Executive Branch

                                                                

Term of Office: Elected by the people, through the electoral college, to a four-year term; limited to two terms. Salary: $400,000 per year as of January 20, 2009

Inauguration: January 20, following the November general election.

Qualifications: Native-born American citizen, at least 35 years old, and at least 14 years a resident of the United States.

Chief Duty: To protect the Constitution and enforce the laws made by the Congress.

THE PRESIDENCY  

In the U.S., the president and legislature are elected separately, housed separately, they operate separately – separation of powers.

In the parliamentary systems that operate in most western democracies, the national leader is chosen by the parliament.

To recommend legislation to Congress;

to call special sessions of Congress;

to deliver messages to Congress;

to sign or veto legislation; to appoint federal judges; to appoint heads of federal departments and agencies and other principal federal officials.

The powers of the President

to appoint representatives to foreign countries;

to carry on official business with foreign nations;

to exercise the function of commander-in-chief of the armed forces;

to grant pardons for offenses against the United States.

The powers of the President

Executive branchPresident

Executive office

The CabinetIndependent government

agencies

The purpose of the Cabinet is to advise the President

The Cabinet meets at least once a week to discuss matters that effect the United States

The 15 Secretaries from the executive departments and the Attorney General are nominated by the President, and they must be approved (confirmed) by a majority vote (51 votes) of the Senate

Executive Department Secretaries and the Attorney General serve as long as the President is in office

The President’s cabinet

There are 15 departments in the executive branch:

Department of State (1789):Works with other countries.

Department of the Treasury (1789):Supervises the collection of taxes and the printing of money.

Department of Defense (1947):Oversees the armed forces.

Department of Justice (1870):Enforces the U.S. Government's laws.

The President’s cabinet

Department of the Interior (1849)Department of Agriculture (1862)

Department of Commerce (1903)Department of Labor (1913)Department of Health and Human Services (1953)Department of Housing and Urban Development (1965)Department of Transportation (1966)Department of Energy (1977)

Department of Education (1979)Department of Veterans Affairs (1988)Department of Homeland Security (2003)

Departments of the Cabinet

Congress has the power to make laws, but the President may veto any act of Congress. Congress, in its turn, can override a veto by a two-thirds vote in each House.

Congress can also refuse to provide funds requested by the President.

The House of Representatives controls spending and finance, so the President must have its agreement for his proposals and programs.

The President can appoint officials of his administration, all federal judges but they must be approved by the Senate.

How powerful is the President?

The President can not declare war without the approval of Congress.

Any treatment in foreign affairs first must be approved by the Senate.

The courts have the power to determine the constitutionality of all acts of Congress and of presidential actions.

The President negotiates treaties with foreign countries, but the Senate must approve them.

How powerful is the President?

It is headed by the Supreme Court which watches over the other two branches.

Its important function is to see whether the law of Congress and the actions of the President violate the constitution.

"The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.“

Article III of the Constitution

The Judicial Branch

The system of checks and balances

LegislativeBranch

Oversightpower

Executivebranch

JudicialBranchPower of JudicialReview

The Supreme Court has the power to declare laws and actions of the federal, state, local governments unconstitutional

The Power of Judicial Review

The Supreme Court has original jurisdiction in only two kinds of cases: A. those involving foreign dignitaries and B. those in which a state is a party.

All other cases reach the Court on appeal from lower courts.

The power of judicial review is not specifically provided for by the Constitution, it is a doctrine stated in the Marbury vs. Madison case of 1803. In its decision the Court held that "a legislative act contrary to the Constitution is not law," and that "it is emphatically the duty of the judicial department to say what the law is."

THE SUPREME COURT

Supreme Court9 judgesNo jury

Highest courtAll decisions are final

13 Circuit Courts of AppealsA group of 3 judges

No juryHigher court

Review district court decisions

94 District Courts1 judge+ juryLower courts

Cases about federal laws and constitutional rights

SpecialCourtsCourt of

International Trade Court of Federal

Claims

13 regional circuit courts of appeal and the U.S. Court of Appeals for the Federal Circuit created in 1891

The courts of appeals review decisions of the district courts within their areas

The Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases

COURTS OF APPEALS

COURTS OF APPEALS

Congress fixes the boundaries of the districts according to population, size, and volume of work – 94 District courts.

The only federal courts juries decide the cases

Hear cases about federal laws and constitutional rights

Most cases start and stop at this level

The District Courts

Federal courts do not hear cases arising under the laws of individual states

But some cases over which federal courts have jurisdiction may also be heard and decided by state courts

Both court systems have exclusive jurisdiction in some areas and concurrent jurisdiction in others.

Federal vs State Courts

This right is given to any person who thinks that

His/her rights were violated;A rule of a law was not properly followed;

All the evidence was not available.The judge may agree withThe person and overturn the lower court decision or

The lower court and uphold the decision.

The Right to a Fair Trial

The system of checks and balances

LegislativeBranch

The Power of Oversight

Review

Executivebranch

JudicialBranch

The Power of JudicialReview

Congress can pass a law, the President can sign it, but the Supreme Court can declare it unconstitutional.

Congress can pass a law, but the President can veto that law.

The President can veto a new law, but Congress can override his veto with a two-thirds vote of both houses.

Congress passes the federal budget, but the President must sign it.

The President appoints Supreme Court Justices and his cabinet members, but the Senate must confirm them.

The system of checks and balancesHow does it work?

Supreme Court Justices serve for life, but Congress can impeach and remove them.

The Supreme Court can declare a law unconstitutional, but Congress can propose an amendment to the constitution.

The President negotiates treaties with foreign countries, but the Senate must approve them.

The President negotiates treaties with foreign countries, but the Supreme Court interprets treaties.

The President controls the army, navy, and air force, but Congress has the power to declare war and provide money.

Federal Courts can send a person to prison, but the President can grant pardons.

The system of checks and balances

WebliographyEdwards, George C. Government in America: People. Politics, and Policy. 10th ed. New

York, New York: Longman, 2008

Wilson, James American Government: Institutions and Policies. 7th ed. Boston,

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ml

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