American Government Review Political Theory

American Government Review
Political Theory
Government is the institution through which a society makes and enforces its public policies.
Who controls government is determined by politics, or the competition for power
How Government was Created
1.
Population
All nations (states) possess:
3.
2.
4.
Territory
Sovereignty
Government
Force
Evolution
One person or
group took
control of an
area and forced
all within its
bounds to obey.
The first nation
evolved from
one family.
Divine Right
Rulers claim that
God gave them
power to rule.
Social Contract
Individuals form societies for the protection of their lives and property. There are
three main political philosophers who wrote about the social contract.
Thomas Hobbes,
Jean Jacques Rousseau,
John Locke,
(1588-1679)
(1712 - 1778)
(1632-1704)
In the "natural
He said that once the
condition of
mankind," we have
perfect freedom,
but constantly fear
a "violent death."
In acts of pure selfinterest, individuals
form a social
contract to come
together in societies
for mutual
protection and
security.
social contract is
broken, rulers stop
governing in the
interest of the people
& the governed have
the right to choose
another leader
His ideas inspired
much of the thought
behind the
Declaration of
Independence.
In nature, a person
has the right to do
whatever she/he
wants. These natural
rights are basic
freedoms no one
should be able to
take away from us
(life, liberty &
property)
Government's first
job is to protect
property and ensure
individual freedom
Democracy
Dictatorship
Who Controls Government
Dictatorship (general):
The government has control of individual’s lives and determines
the policies of the nation.
Autocracy:
One individual controls government.
Oligarchy:
Several individuals control government.
Aristocracy:
The elite (wealthy/intellectuals) control government.
Democracy (general):
Individuals control government through majority rule (popular
sovereignty).
Direct Democracy:
Indirect Democracy
Individuals make all the
(republic):
policies and laws themselves.
Individuals vote for
representatives, who make
the policies of government.
Theocracy:
Religious rulers who claim to have the authority of God control
government.
Monarchy:
A king, queen, or royal family control government.
Location of Power in Government
Confederate Government
An alliance of independent states.
The states tell the central
government what to do
The people elect a President (chief executive and a
legislature separately (they vote for each)
President = Chief executive
Parliamentary
Presidential
Unitary Government
All powers held in a single place
(usually the national capital)
The central government tells
everyone else what to do
Federal Government
Powers of government are divided between a
central government & several local governments.
The central government has certain powers & the
state & local governments have specific powers.
The people elect the legislature (parliament)
From the legislature, the Parliament elects a Prime
Minister
Prime Minster = Chief executive
Because the legislature elects the executive, Parliamentary
governments have a fusion of powers.
Economic Systems in Government
Socialism
Capitalism
Key Figure: Carl Marx, The Communist Manifesto
Key Figure: Adam Smith, The Wealth of Nations
Wealth and production controlled by the state, then distributed
Free Trade/Free Market - Few restrictions on businesses
to the population
Private ownership of all capital
No private property
The "invisible hand" of the market produces just enough goods
"From each according to his ability, to each according to his need"
and keeps prices low
Foundations of Government
Timeline
1765
Stamp
Act
1770
1773
Boston
Massacre
1774
1775
July 1776
st
Boston 1 Continental Revolution
Declaration of
nd
Tea-Party Congress
Begins & 2
Independence
Continental Congress
1783
1786
1787
Treaty
Signed
Shay’s
Rebellion
1791
Philadelphia
Convention
Bill of
Rights
Articles of Confederation
Ratified in 1781, the Articles of Confederation set up a weak association of states that favored states’ rights over central power so that
states retained their sovereignty.
Weakness of the Articles of Confederation:
One vote for
Congress
Congress
No executive
No national
Amendments
A 9/13
Articles
every state,
powerless to
powerless to
to enforce acts court system
to the Articles
majority is
created as
regardless of
collect taxes
regulate
of Congress
require the
require to pass only a “firm
size
foreign and
approval of all
any law
league of
interstate
states
friendship”
commerce
Disturbances like Shay’s Rebellion (1786-1787) exposed the national government’s inability to impose order and
protect welfare of the nation, encouraging movements for more centralized, stronger system of government.
The Constitution
Delegates originally met at to amend the Articles of Confederation and when they realized this was not
possible, they scrapped the document entirely!
Met in Philadelphia, Pennsylvania, during the summer of 1787 (known as the Constitutional Convention).
55 delegates from 12 states wrote the US Constitution
The delegates abandoned the Articles of Confederation and created a stronger form of government.
Constitutional Compromises
The Connecticut (Great) Compromise:
Each state should have one vote
Slaves should not be counted
when deciding the number of
congressional delegates
Slaves should be counted when
determining congressional
representation
Slaves should be counted when
levying taxes
Slaves should not be counted
when levying taxes
Wanted Congress to have the
power to regulate trade
Wanted to continue the slave
trade without regulation from
Congress
Compromise
The number of delegates to both
houses of Congress should be
assigned according to population
A Congress of one house should
be preserved
Upper house
(Senate):
Based on equal
representation
(all states have 2
Senators)
(benefits small
states)
Lower house
(House of
Representatives):
Based on
population
(benefits large
states)
The 3/5ths Compromise:
Compromises
Congress should be composed of
two houses
New Jersey Plan
Benefited small states
South
North
Virginia Plan
Benefited large states
Slaves count as 3/5ths of a person for
congressional representation of states
in the south, and Southern states must
pay federal taxes on these individuals.
Commerce and Slave Trade
Compromise
Congress for forbidden to tax State’s
exports or to take action against the
slave trade for 20 years
In the debate over ratification of the Constitution, two sides emerged:
Federalists
Key Figures: Alexander Hamilton and James
Madison
This group wanted a strong government to
guarantee the safety and security of the
American people.
AntiFederalists
Key Figure: Thomas Jefferson
They feared the Constitution would give too much power
to the national government and take away the rights of
the states. Because of this, many demanded a Bill of
Rights to guarantee the Federal government would not
take away certain freedoms.
The Constitution
Several
documents
had an impact
on the
development
of the
Constitution:
Magna Charta (1215): Barons (the nobility) forced King
John to sign; it included several key rights:
The king could not raise taxes without the consent of a
council of nobles, all men were guaranteed trial by jury,
unreasonable fines were prohibited, and the king was
not permitted to take the land or possessions of his
subjects without due process.
English Bill of Rights (1689): Parliament forced William and Mary
to sign the document as a condition for them taking the throne. It
included several key rights: The King’s needed the Parliament
permission to make or suspend laws, impose taxes, raise or keep
a standing army. Also, subjects had the right to petition the king.
Excessive bail, excessive fines and cruel or unusual punishments
were all prohibited.
Supremacy Clause
The Constitution is the Supreme law of the land and takes
precedence over all others, include laws of states or Congress
The U.S. Constitution set up a stronger central government
composed of 3 branches–legislative, executive, & judicial.
It included six key principles of how government should operate:
1. Separation of Powers
The executive, legislative, and judicial branches of
government are three independent and coequal branches of
government.
Baron Montesquieu (1689-1755): French Enlightenment
philosopher who first came up with the idea that no single
entity should have all power in the state because it would
lead to tyranny
2. Popular Sovereignty
People are the source
of all government
power, and government
can exist only with the
consent of the
governed.
3. Federalism
Powers of
government are
divided between a
central government
and several local
governments.
4. Rule of Law
No one is
above the law;
all laws are fair
and equal.
5. Checks & Balances
Also known as division of powers. Each branch has specific abilities to limit the powers of the other branches, so no branch becomes too
powerful. The different branches of government overlap in some areas, allowing each branch to “check” the power of another. James
Madison is known as the “Father of the Constitution” because, using the ideas of Montesquieu and others he created the checks and
balances system. He also took very detailed notes of the Constitutional Convention.
Executive
Veto acts of Congress
Appoint SC justices
Pardons
Executive orders
Legislative
Override presidential veto
Impeach federal officers
Senate confirms SC nominees
Judicial
Power to declare acts of Congress /President/States unconstitutional
6. Judicial Review:
Power not made explicit in the Constitution, was the first asserted in
the 1803 case of Marbury v. Madison.
Form a more perfect Union, establish Justice, insure domestic Tranquility, provide for
the common defense, promote the general Welfare, and secure the Blessings of Liberty
Preamble:
States the goals/purposes of America Government
Articles of the Constitution: The Constitution is divided into a Preamble and seven articles, each with a specific purpose
Article I
Article II
Article III
Article IV
Article V
Article VI
Legislative
Executive Branch
Judicial Branch
Powers of the
Amendment
Federal powers
Branch
states
process
Article VII
Ratification
process
Changing the Constitution
The Constitution has endured over 200 years because it can be adjusted to accommodate the changing times.
Formal Amendment Process(Written changes)
Proposal: 2/3 Vote in Congress or 2/3
Ratification: 3/4 State Legislatures or
of States call National Convention
3/4 of State Conventions
Informal Amendment Process (Change in interpretation)
Congress is able to informally amend the Constitution by
creating legislation that changes its meaning.
Constitutional Amendments: The Bill of Rights
Ratified two years after the Constitution as signed, the Bill of Rights consists of the first 10 amendments of the Constitution. The Bill of Rights:
Guarantees
individual liberties
and states’ rights
Guards against
potential tyranny of the
central government
Was a concession that the Federalists made to the Anti-Federalists to ensure that the
Constitution would ratified: many states agreed to ratify the Constitution only on the
condition that the Bill of Rights would be added during the first meeting of Congress.
#
1
Subject
Right to religion, speech, press, assembly, and petition
2
3
4
5
Right to bear arms
Protection against quartering of soldiers
Search and seizure (police must have a warrant)
Grand jury, double jeopardy, self-incrimination, & due process
(habeas corpus)
#
11
12
Subject
Cannot sue a state if living outside its borders
Election procedures for President and Vice-President (changed to one
electoral vote for each)
Abolition of slavery and involuntary servitude
Defines citizenship, privileges and immunities, requires due process
and equal protection for citizens of all states.
May vote regardless of race, color, or if a former slaves
Federal income tax
Popular election of senators (previously elected in state legislatures)
Prohibition of alcohol
Women’s right to vote
13
14
15
16
17
18
19
#
6
7
8
9
10
Subject
Rights of accused in criminal prosecutions, right to jury trial, to confront
opposing witnesses and to counsel
Jury trial in civil suits
Protections against excessive bail & cruel & unusual punishment
All rights not listed belong to states and individuals
Federal government only has powers listed in the Constitution and all
others are reserved to the states and individuals
#
20
21
Subject
Presidential term and succession
th
Repeal of 18 Amendment
22
23
Two-term limit imposed on president
District of Columbia given right to vote for President
24
25
26
27
Abolition of poll tax
Presidential succession and disability
Right to vote at 18
Congress cannot receive approved pay raise in same session.
Federalism
National Obligations:
Guarantees a “republican form of government”
Protects against invasion and internal violence
Admits new states
State Obligations:
Conduct national elections
Admit new citizens
Cooperate with federal law and agencies
Interstate Compacts
Fiscal Federalism
Agreements among states and/or with foreign states.
Categorical
Grants:
Specific
Projects,
competitive
with other
states
Block Grants:
General
programs
(health,
education, etc.)
Powers
Positives
$ More opportunities for
participation and more
access to Federal
government
$ Regional interests
have effective
representation in both
Congress & state
governments
$ Allows for innovation
at state-level
Revenue
Sharing:
No strings
attached
Negatives
$ Inequities in funding
across states.
$ Too many
governments?
(87,000)
$ Local interests can
contradict national
priorities
$ Underfunded
Federal Programs
Needs approval of Congress
Range from sharing law-enforcement data to resource development
and conservation.
State Governments
National Government
Federal money comes with strings attached.
$ Shared costs
$ Federal guidelines (required compliance)
$ Leads to state dependence on national
government
Full Faith and Credit Clause
Ensures that States recognize the laws and, documents, and court
proceedings of the other States.
Exceptions: Criminal laws/divorce/same-sex marriage.
Privileges and Immunities Clause
No State can draw unreasonable distinctions between its own
residents and those persons who live in other States.
Extradition
Extradition: Returning a fugitive to
the state where they committed the
crime
Governors handle the extradition
process.
Expressed:
Implied:
Inherent:
Powers
specifically
stated in the
Constitution
Based in the elastic clause, powers considered “necessary and proper” for carrying
out the enumerated powers. Key Case: In 1791, federalists in Congress argued that
the creation of a national bank was “necessary and proper” for congress to execute its
enumerated powers to coin and borrow money and regulate currency. McCulloch v.
Maryland (1819) confirmed Congress rights to found this national bank.
Powers that belong to the
United States because it is a
sovereign nation (such as
the power to regulate
borders)
Exclusive:
Powers belonging only to the
national government
Coin money
Regulate interstate and
foreign trade
Raise and maintain an
army
Declare war
Govern U.S. territories
and admit new states
Conduct foreign relations
Set standard weights and
measures
Concurrent:
Powers shared by both
the National and State
governments
Levy and collect taxes
Borrow money
Establish courts
Define crimes and set
punishments
Claim private
property for public
use
Reserved:
All power not specifically given to the
national government are reserved for
the states (10th Amendment)
Regulate trade and businesses
within a state
Establish public schools
Pass license requirements for
professionals
Regulate alcohol
Conduct elections
Establish local governments
Denied:
Powers that are expressly forbidden in
the Constitution
National
No
suspension
of due
process
unless
necessary
because of
national
security
(rebellion or
invasion)
No bills of
attainder or
ex post facto
laws
State
Constitution
is the
“Supreme
law of the
land”: the
constitution
and federal
laws can
precedence
over state
laws.
Political Parties
Background:
Political parties were not originally present in the U.S. government
The Founding Fathers condemned parties as self-serving factions detrimental to the good of the government.
However, the winner takes all presidential systems used in America naturally leads to two parties
Federalists:
Led by Alexander Hamilton. Pushed for a strong central
government. Pro-England and centered in the northeast.
Democratic Republican party (Republicans):
Led by Thomas Jefferson and James Madison. Aimed to limit the power of the
central government and expand individual and states’ rights. Tended to be ProFrance and centered in the south.
Function of Parties Today
Parties Defined:
Group of persons who seek to control
government by winning elections and
holding office.
A political party has three key groups:
Members in Loyal
People who
government voters run the
party.
Nominate Candidates:
Inform and Activate
Supporters:
Recruit, choose, and
present candidates for
public office.
(President every four
years at national party
convention.)
Campaign, define
issues, and criticize
other candidates.
Political Socialization: Factors influencing an individual’s political
point of view.
Act as a Watchdog:
Members of
government act
according to their
partisanship or firm
allegiance to a party.
Parties that are out of
power keep a close eye
on the actions of the
party in power for a
blunder to use against
them in the next
election.
Income
Age
Religion
Occupation
Center (Moderate)
Left – “Liberals”
Government should be more involved in helping citizens
Abortion : Women's Right
Gun Control: Regulate automatic weapons
Taxes: Increase to help pay for public programs
Death Penalty: Oppose
Geography
Right
Right –“Conservatives”
Less government involvement (more private citizens or
charities should help)
Abortion: Illegal
Gun Control: Oppose
Taxes: Lower
Death Penalty: Support
Republicans
Democrats
Left
Family
Govern:
Two-Party System in the United States
The Historical Basis
The nation started
out with twoparties: The
Federalists and the
Anti-Federalists.
The Force of Tradition
America has a two-party system because
it always has had one.
Minor parties do not have widespread
support and almost never win elections,
so people are reluctant to support them.
The Electoral System
Single-member districts,
or a district in which only
one candidate may win an
election, are designed to
favor two major parties.
Ideological Consensus
Many Americans agree on
many basic matters.
Conditions that would spark
several strong rival parties
do not exist in the United
States.
Modified One-Party Systems
Democratic, but one party
regularly wins most elections
(Republican North and
Democratic South until the
1950s.)
Advantages
Multi
One
Other Party Systems
Could be called a “no party
system” because in this
system, everyone is forced to
be a member of a party,
usually by a dictator.
Disadvantages
Provides broader
representation of the
people.
Cause parties to form
coalitions, which can
dissolve easily.
More responsive to the
will of the people.
Failure of coalitions can
cause instability in
government.
Give voters more choices
at the polls.
Roles of Minor Parties
“Spoiler Role”
Minor party candidates can pull decisive
votes away from one of the major parties’
candidates, especially if the minor party
candidate is from a splinter party.
Critic
Minor parties, especially single-issue parties,
often take stands on and draw attention to
controversial issues that the major parties
would prefer to ignore.
Innovator
Often, minor parties will draw attention to
important issues and propose innovative
solutions to problems. If these proposals gain
popular support, they are often integrated into
the platforms of the two major parties.
Eras of Party Dominance
The Era of
the
Democrats,
1800—1860
Democrats dominate all
but two presidential
elections.
The Era of the
Republicans,
1860—1932
Republicans dominate all
but four presidential
elections.
The Civil War disables the
Democratic Party for the
remainder of the 1800s.
The Return of
the Democrats,
1932—1968
Democrats dominate all
but two presidential
elections.
Democrat Franklin D.
Roosevelt is elected
President four times.
The Era of
Divided
Government,
1968 - Present
Since 1968, neither Republicans nor
Democrats have dominated the
presidency and Congress has often been
controlled by the opposing party.
Elections
Spending:
Most money in campaigns is spent on advertisements. TV usually receives more than half of all funds. Remaining expenses cover staffing,
travel, office expenses, etc.
House of Representatives:
In 2002, 95% of campaigns were won by the
candidate with the most money. In 1996, the
average winner spent $636,000, the average
loser, $150,000.
Senate:
In 2002, 76% of campaigns were won by the
candidate with the most money. In 1996, the
average winner spent $5.6 million; the
average loser, $2 million.
Presidency:
In 2000, the Republican winner spent $186
million; the Democratic candidate spent $120
million. $62 million in public funding is
reserved for campaign expenses incurred
after the party convention for those
candidates who agree to spending limits.
Campaign Finance Regulations
Federal Election Campaign Act of 1974:
$ Interest groups cannot give a candidate more than $5,000. Individuals cannot give a candidate more than $2,400.
$ Every contribution over $200 must be reported with the amount, date, and donor’s name and address.
$ Political action committee: Corporations cannot donate directly to campaigns, so they form PACs by company and industry.
Loopholes
Industries get all the company PACs and the $5,000 checks to any candidate.
$ Bundling: The collection of individual donations into bundles of checks; for example, the “family bundle”.
$ Doubling: Donation during both the primary and the general elections. The law allows donations during in both, effectively doubling
the limit on money that can be donated.
$ Soft Money: Money that is donated to a political party and then spent by the party in support of a specific candidate. Soft money was
banned by the Campaign Finance Reform Act, which took effect in November 2002
$ Independence Committee: Committees formed to provide support to a candidate. As long as they do not explicitly solicit a vote, they
can avoid campaign-finance limits.
Voting
Both Suffrage & Franchise means the right to vote.
The electorate is all of the people entitled to vote in a given election.
Initially, the right to vote in America was limited to white male property owners.
The Expansion of the Electorate:
Early 1800s
Religious,
property, and tax
payment
qualifications
were gradually
eliminated.
1870
1920
The 15th Amendment
was intended to end
race-based voting
requirements.
It was not effective
because of poll taxes,
literacy tests, and other
devices designed by
southern politicians to
deprive African
Americans of the vote.
1960s
After years of
struggle, the
19th
Amendment
prohibited the
denial of the
right to vote
based on gender.
1971
The Voting Rights Act of 1965 guaranteed
the right to vote for minorities (outlawed
literacy tests and required Southern States
ask the Department of Justice for permission
before changing their voting laws)
The 23rd Amendment (1961) granted
citizens of the District of Columbia the right
to vote for presidential electors.
The 24th Amendment (1964) eliminated the
poll tax.
As a direct result
of 18 to 20 yearold soldiers
fighting in
Vietnam War,
the 26th
Amendment
(1971) was
passed to lower
the voting age to
18.
Requirements to Vote:
Citizenship
Most States require United
States citizenship in order to
vote.
Residence
One must be a legal resident of a State to vote in
elections. Most States require residency for
minimum amounts of time in order to vote in the
State.
Non-voters:
In most elections, less than 50% of eligible voters cast
ballots.
Age
The 26th Amendment
requires that no State set
a minimum voting age
above 18.
Exclusions
In many states, an
individual may not vote:
Adjudicated to be mentally
incompetent or if a
convicted felon
Factors as to why individuals do not vote:
Voting is, in some way, inconvenient
Do not believe that their vote will make a difference, or
A distrust of the political process and/or political candidates.
Interest Groups
Types of Interest Groups
Strategies Interest Use Groups to Influence Government
Businesses:
Large
corporations
and small
business.
Groups of individuals:
Professional
associations (doctors,
teachers, lawyers, etc.).
Employees/workers:
Labor unions
represent roughly
13% of the
workforce.
Individual Groups:
These include environmental, religious,
health, education, and consumer protection
They may be temporarily powerful as the
shifting public interest rallies behind a cause.
Government Groups:
Includes groups of
national government and
foreign governments.
Lobbying:
Often are ex-professionals or ex-bureaucrats with contacts that given then special access to government officials. Sometimes, lobbyists
are relatives and friends of party members. At least 80% of lobbyists have corporate ties.
Targeted campaign finance:
$ Business groups target the expected winner. Use polling, party “safe-seat” districts, and incumbency to predict the winner.
$ Then they invest heavily in selected politician’s campaigns with the hopes of influencing policy.
Recruitment:
$ Business push to get their own people into 3,200 appointed positions in the executive department. Very few professional civil
servants rise to the policy-making positions that are appointed.
The revolving door
$ As administrators change, appointees revolve between government and private positions.
During bill creation:
$ Supply information and make suggestion about policy during the drafting age.
Ghost writing:
$ Write bills, make legislative changes, and write speeches for legislators. Offer testimony and rationale for voting during the hearing
and member debate. Visit congressional offices before the vote.
Grassroots lobbying:
$ Lobbyists sometimes use the public to pressure legislators through television ads, public-relations efforts using new research studies,
authoritative reports and ghostwritten editorials.
Court Strategies:
$ Test Cases brought to in order to set precedent and change policy, using financial and legal resources.
$ Amicus Briefs: “friend of the court” third party briefs solicited from experts for neutral analyses. Efforts to influence judicial
appointments to favor judges who are receptive to specific political causes.
The Media
Overview:
Often referred to as the fourth branch of
government.
Not elected; instead usually supported by
advertising and driven by profit.
Politically uncensored, except in regard to
obscenity and in times of war.
Influence:
The media has grown to
become a protector and
representative of the
people, investigating
controversy and conspiracy,
and evaluating politics
Selective Exposure:
People avoid exposure to
media that espouses
viewpoints with which they
disagree.
Public Relations:
Politicians have become
increasingly adept at
creating events, managing
the press, and rewording, or
spinning, the news toward a
particular ideology.
Media Concentration
Mergers and acquisitions have resulted in a media currently dominated by five giant corporations: AOL/Time Warner, Disney, Viacom, News
corporation, and Clear Channel own TV stations, film, books, music, retail amusement, magazines and newspapers.
Television
In the 1960’s
television become
the major source of
news.
Television can be a
powerful medium
for politicians to
deliver their
messages
An estimated 100
million people
watch one or more
debate every
Presidential election
season.
Radio
Newspaper
Radio was once thought to be replaced by
TV, but its numbers have grown despite
TV.
Radio is portable—people can listen at
home, in their cars, over the Internet
The average person hears 20 hours of
radio per week. Even pop stations have
brief news broadcasts.
In the 1930s and 40s, people gathered
around the radio in the evenings to listen
(Roosevelt lobbied for “New Deal” via
radio.)
Radio remains a major source of news and
other political information – talk radio has
become very popular and is very
influential.
Thomas Jefferson once said, “were it
left to me to decide whether we should
have a government without
newspapers or newspapers without a
government, I should not hesitate a
moment to prefer the latter.”
Colonial newspapers were filled with
political news and helped spur the
colonies to declare independence.
Today, there are more than 10,000
newspapers, including 1,500 dailies
The number of daily newspapers has
been steadily declining due to
competition from T.V. & internet, but
newspapers still rank second to T.V. as
a source of info about politics.
Internet
More and
more news
and
information is
transmitted
across the
internet
because it is
less expensive
and faster for
news outlets.
Also, as
newspaper
fail, many
continue to
keep an online
presence.
Public Opinion:
One of the key functions of the media is to measure what the public thinks about certain issues or individuals
Polling:
Straw Polling:
Scientific Polling:
How public opinion is measured. There are
Asking many people, not
Creating a random sample and asking individuals carefully
two key types of polls:
scientific or reliable
constructed questions. Margin of error of at greatest +/- 5%
The Legislative Branch
Term:
Each new term begins at “noon
of the 3d day of January” of
every odd-numbered year.
Session:
A session is the regular period of
time during which Congress
conducts business; typically one
per year.
Congressional Elections:
• Held on the Tuesday following the first Monday in November of
each even-numbered year.
• Off-year elections are those congressional elections held between
presidential elections.
Term: Two Years
Size: 435 members (minimum of 1 per state)
Number per State: Determined by population
Term of office: 6 years; 1/3 of elected every 2 years
Size: 100
Number per State: 2 per state
Qualifications:
U.S. citizens for
Resident of the state
at least 7 years
and district from which
he/she is chosen
The District System:
• Representatives are elected
from districts, which are
redrawn after every
census (10 years)
• Gerrymandering:
Illegal redrawing
of congressional
districts to benefit
one party
Powers:
• Elects Vice President if tied in Electoral College
• Impeachment: House impeaches
At least 30 years
old
Senate House At least 25 years
old
Leadership:
• Speaker of the House: Elected by the House’s majority
party. Presiding officer of the House. Recognizes speakers,
controls debates. Determines committee assignments for
members. Assigns bills to committees.
Qualifications:
U.S. citizen for at
least 9 years
Resident of the
state from which
he/she is chosen
Filibuster:
A strategy that opponents of a bill employ to defeat it. A
senator or senators hold the floor indefinitely to postpone a
vote and defeat a bill. In 1917, a cloture resolution was
passed allowing the Senate to halt a filibuster with a 2/3 vote
(60 senators) One of the only means for minority interests in
the Senate to thwart the interests and agenda of the
majority.
Powers:
• Confirm presidential appointments (Supreme Court
justices, ambassadors, and cabinet officials by a 2/3 vote)
• Ratifies treaties
• Elects President if tied in Electoral College
• Impeachment: Senate holds trial and convicts
Leadership:
• Vice president: Serves as president of the Senate. Votes on
in case of a tie.
• Presidential pro tempore: Leads the Senate while the vice
president is absent. Selected by the majority party, usually
a senior member of the party.
Other Leadership Positions
Majority Leader:
Aids the leader of each house in
making committee
appointments, schedules floor
action, and formulates agenda.
Minority Leader:
Heads opposition party. Consults
with majority leader. Forms
reaction to majority-party agenda.
Majority and Minority Whips:
Enforce the party line. Line up votes for legislation.
Committees: Propose & evaluate bills, make recommendations, help divide labor, allowing members of Congress to specialize in a certain subject matter
Standing Committees
Select
Joint
Conference Committee
Committees
Committees
Can amend, expedite, delay, or stop bills. The most
Hold inquiries
Composed of
Temporary committees created to work out a
important include the: Rules Committee: sets the
and hearings
both Senators
compromise bill when the House and the
House rules; can defeat almost any bill by not letting it
but cannot
and
Senate have passed different versions of the
pass out of committee; it’s generally controlled by the
propose bills.
Representatives.
same bill.
Speaker of the House. Ways and Means Committee:
considers revenue-raising measures, such as tax bills.
Once the conference committee is finished,
the bill is voted on “as-is” in both chambers.
How a Bill becomes Law
First
Bill is
introduced
in House or
Senate:
Exception:
Revenue
bills must
originate in
the House.
Second
Third
Fourth
Fifth
Sixth
Seventh
First Reading:
Referral to Committee:
Second Reading (Report):
Third
Reading:
Bill is Presented
To the President:
Bills are no
longer read
out loud but
instead are
entered into
the Senate
Journal or the
House
Journal and
referred to
the
appropriate
committees.
Input from relevant agencies is
requested, public hearings are
held only if deemed necessary,
if the bill deemed important
enough. Most bills “die” at this
stage of the process.
Markup: Subcommittee makes
an unfavorable or table
recommendation to the full
committee, sometimes with
amendments.
Final committee action: Bills
are discussed, amended and
voted on- usually either passed
on the full house or tabled
indefinitely.
Committee staff issues a
report explaining the bill, the
committee’s action and
findings, and why the bill
should be enacted. Bill is
replaced on the calendar.
Member debate: Senators
can indefinitely postpone a
vote with a filibuster, but a
filibuster can be halted by a
2/3 vote. The amount of
debate in the house is
initially limited by a cloture
rule; however, debate may
be lengthened. Member’s
amendments are offered.
Bill goes to
Other Chamber
of Congress:
Title only
and a
vote.
Bill is either:
defeated or
passed as is.
Passed with new
amendments,
then sent to a
joint housesenate
conference
committee, and
finally sent back
to both houses
for a final vote.
Bill is either, signed
(approved) and becomes
a law, held and then
becomes a law after 10
days, or if congress
adjourn within the 10
days, the bill is vetoed
(pocket veto). The house
of origin may override the
veto by 2/3 or greater
vote. The bill is then sent
to the other house. If
both houses vote to
override the veto, the bill
becomes a law.
The Executive Branch
Presidential Primaries
Type
Voters to elect their parties’ delegates to the national convention.
Used by voters to indicate the candidates they want to be nominated.
Closed:
Open:
Democrats and Republicans each hold a primary. Only registered party members may
Voters from either party may vote for
vote. Democratic members must vote only in the Democratic primary and Republicans
Democratic or Republican candidates.
only in the Republican primary. Typically, independents may not vote in closed
primaries.
Caucus: A local meeting of party members to choose delegates to a convention at the local or district level; these delegates then attend a state
convention or a national convention.
The Path to the Presidency
State presidential primaries
Candidacy
Declared
(Winter/Spring)
(Summer/Fall)
National
Convention
Election
Day
Electoral
College
President
Inaugurated
(Summer)
(November)
(December)
(January)
Local Caucuses State Conventions
Term of Office: 4 years/ Two term max (or 10 years total)
• Before 1804, the vice
presidency was awarded to
the candidate who received
the second-highest number
of votes in the presidential
election.
George Washington set the precedents of president serving no more than two terms in
office, which every president followed until Franklin D Roosevelt; FDR served 3 full terms in
office and died early in this fourth term (1945), Two-term limit became a law in 1951 with
the ratifications of the twenty-second amendment.
Qualifications: At least 35 years old & Natural born U.S. citizen
President’s Powers:
• Serves as a commander in chief of armed
forces,
• Accepts or vetoes congressional bill,
• Makes treaties with the advice and consent
of senate
• Makes appointments: federal judges,
ambassadors, cabinet members (also
advice and consent with senate)
• Gives an annual State of the Union
message to Congress
• recommending a legislative agenda
• Oversees enforcement of federal law
• Has the powers to grant pardons in all
federals case except those of
impeachment
• Receives ambassador and other public
ministers
Removing the President from Office:
The president, the vice president, and federal judges can be removed from Office on
Impeachment for, and Conviction of, Treason, Bribery, or other high crimes and
Misdemeanors.
Step One:
The House votes the charges
of impeachments.
Vice President
President
Although the founding fathers intended the presidents main responsibility to be simply the
enforcement of congressional laws, the president has become a much more active and
influential position.
• After the 1796 election,
two rivals-John Adams and
Thomas Jefferson ended up
in office together: Adams
as president, and Jefferson,
the second highest vote
getter, as vice president
• The Twelfth Amendment,
ratified in 1804, revised the
election process so that
candidates clearly run as
either president or vice
president.
Vice-President’s Powers:
• Presides over the Senate
but votes only in case of a
tie.
• Becomes president if the
president is unable to
serve.
Step Two:
The Senate tries all cases of impeachment. Chief justice of
the Supreme Court presides over the trial. A conviction
requires a 2/3 vote in the Senate.
Executive Departments & Offices
•
•
•
•
•
•
•
Council of Economic Advisers
Council on Environmental Quality
Executive Residence
National Security Council &
Homeland Security Council
Office of Administration
Office of Management & Budget
Office of National Drug Control
Policy
Office of Science and Technology
Policy
Office of the United States Trade
Representative
Office of the Vice President
The White House
Composed of the heads of 15 federal
agencies, appointed by the president
and confirmed by the Senate.
Other agencies in the Executive
branch oversee specific regulatory
functions of the federal government.
1.
2.
3.
4.
5.
6.
7.
8.
9.
Environmental Protection Agency
• Protects human health and the
environment.
Federal Aviation Administration
• Responsible for safety of civil
aviation.
Federal Communications Commission
• Regulates the airwaves, TV & radio
Federal Elections Commission
• Enforces federal campaign finance
laws.
Food and Drug Administration
• Regulates production of food,
drugs, medical devices, etc.
Occupational Health and Safety
Administration
• Enforces federal minimum wage,
safety of working conditions
Secretary of State
Secretary of the Treasury
Attorney General
Department of Defense
Secretary of the Interior
Secretary of Agriculture
Secretary of Commerce
Secretary of Labor
Secretary of Health and Human
Services
10. Secretary of Housing and Urban
Development
11. Secretary of Transportation
12. Secretary of Energy
13. Secretary of Education
14. Secretary of Veterans Affairs
15. Secretary of Homeland Security
Regulatory Agencies
•
•
•
•
Cabinet Departments
Executive Office of the President
An “umbrella agency composed of the
people closest to the President, many
of whom work in the West Wing.
Judicial Branch
Jurisdiction:
The right of a court to hear a case.
Original:
The right of a court to hear a case first.
Appellate:
The right of a court to hear a case on appeals.
The Supreme Court
The Supreme Court is the only court expressly provided for in the Constitution, Congress is
given the power to establish lower federal courts as it sees fit-“to constitute Tribunals
inferior to the Supreme Court”
Power of Judicial Review:
Session:
The Court begins its session in the first Monday of October,
and continues until late June or early July.
Chief justice of the Supreme Court:
Presides over meetings, assigns writing of opinions, and can
significantly shape Court’s direction
Supreme Court Jurisdiction
Original Jurisdiction:
Court has jurisdiction over any case involving: The U.S. Constitution,
federal laws, treaties, and admiralty, and maritime affairs.
Ambassadors, other public ministers, or consuls, cases in which the
U.S. or a state itself is a party and interstate affairs
Appellate Jurisdiction:
In Federal cases in
which the original
decision is appealed.
Structure:
Nine justices
Appointment Process:
Nominated by the President and
confirmed by the Senate
No qualifications are laid out in
the Constitution Nomination
Generally is based on candidate’s
competence, ethics, ideology
political support, and political
activism.
Term of Office: Justices hold
position for life, barring
resignation or impeachment.
How Cases Reach the Supreme Court
Writs of
Certiorari
An order to a lower court to send a record in a case
for its review. Most cases reach the Court in this way.
District Court
Federal Court of Appeals
Certificate
Supreme Court
A lower court asks for the Court to certify the answer to a
specific question in the matter.
The Supreme Court may:
1. Allow a lower ruling to stand
2. Send the case back to a lower court to be reconsidered
3. Agree to hear the case (4/9 Justices must consent)
How the Supreme Court Decides a Case
Oral Arguments
Once the Supreme
Court accepts a case, it
sets a date on which
lawyers on both sides
will present oral
arguments. In court,
each side has 30
minutes to present
their arguments.
Majority
Announces the Court's official and binding decision on a case
and explains its reasoning for ruling in a certain way
The Court in
Conference
The Chief Justice
presides over a
closed-door
conference in
which justices
present their
views on the case
at hand.
Opinions
Briefs
Lawyers on each
side write their
arguments into a
legal document
and file it with the
Court before oral
arguments begin.
Concurrent
Justice(s) who agree with the majority opinion, but want to add
or emphasize a specific point may write a concurring opinion
Dissenting
Written by Justices who disagree with the majority opinion and
want to set forth their arguments as to why a case should have
been decided another way.
U.S. Court of Appeals for the Armed Forces
A civilian tribunal operating as part of the judicial branch, entirely
separate from the military establishment.
The court reviews the more serious convictions of members of
the armed forces at a court-martial, or trial involving military law.
U.S. Court of Appeals for the
Federal Circuit
Nationwide jurisdiction and
hears cases from several
different courts.
Most cases heard arise from
the U.S. Court of International
Trade, the U.S. Court of Federal
Claims, and the U.S. Court of
Appeals for Veterans Claims.
U.S. Court of International Trade
The Court of International Trade hears civil cases
arising out of tariff and other trade-related laws
Courts of the District of Columbia
The District of Columbia handles all local judicial matters for the
district, including trials and appeals.
Territorial Courts
These courts are in places such as Guam and the Virgin Islands,
and function much like the local courts in the 50 States
Special
Constitutional
The Inferior Courts
District Courts
The 94 federal judicial districts Because District courts
have original jurisdiction over most cases heard at the
federal level; these courts hear most federal cases.
District courts hear a wide range of criminal & civil
cases.
U.S. Courts of Appeals
179 circuit judges sit in the 12
appeals courts.
A Supreme Court justice is
assigned to each of the circuits.
U.S. Court of Appeals for Veterans Claims
Hears cases in which individuals claim Veterans Affairs has
denied or otherwise mishandled valid claims for veterans’
benefits.
U.S. Court of Federal Claims
The U.S. Court of Federal Claims handles all pleas against acts of
the United States government.
U.S. Tax Court
The Tax Court hears civil but not criminal cases involving disputes
over the application of the tax laws
Arizona Government
Requirement to Vote
Yes: US Citizen, Resident of State
& County, 18 by next elections
No: Convicted felon, adjudicated
to be mentally incompetent
Tribes in Arizona: Arizona has more tribal Indian land than any other
state, and these lands are legally “domestic foreign nations” with
their own tribal court system.
Recall Election: This is a special election to decide if an elected official may finish her/his term
To recall a public official 25% of the
votes cast in the last gubernatorial
election must be collected on petitions.
Other people may be placed on the
ballot if they obtain the required
number of signatures on a petition.
The person receives the
most votes finishes the
term.
The State Legislature is bicameral and has a House of Representatives and a Senate.
Legislators are part-time, not full time politicians
The lawmaking body or legislature consists of: 30 Senators &60 Representatives
Qualifications
Term
Compensation
25 years old
U.S. Citizen
State resident for 3 years
County resident for 1 year
2 - year term
4 consecutive term
limit
May not be sued for anything
said during a meeting
May not be given traffic
tickets going to a meeting
Committees
Most of the work of the State Legislature is done in
committees
Bills are divided by subject and assigned to member of the
legislature
There are Standing, select, joint and Conference committees
Impeachment: House brings charges Senate holds trial 2/3rds to convict
In Arizona, in addition to the state legislature, laws can be created by Initiative or Referendum
Any law passed does not go into effect for 90 days
The process begins with the State
Legislature proposing a law, then placing on
the ballot for public approval
A referendum on any pending legislation
may also be forced onto the ballot by
gathering signatures at least 5% of the
registered voters
Constitutional Initiative
Initiative
A potential law that is proposed by the
people
The first initiative in Arizona was for
Women's Suffrage, passing by more than 21 in November of 1912
Referendum
Legislative
Privileges
$24,000 per year
Mileage to and from
meetings
Congressional Districts
Today members are elected from districts.
Two Representatives & one Senator from each district.
There are 30 districts
Boundaries are redrawn every 10 years
A 5-member independent commission redraws the lines
Recall may not be started until
the person has been in office for
at least 6 months.
An amendment to the Arizona
State Constitution
To get on the ballot as a
proposition, 15% of the number
of votes cast in the last
gubernatorial election must be
collected
Constitutional Referendum
Statutory Initiative
A change in a law
To get on the ballot as a
proposition, 10% of the number of
votes cast in the last gubernatorial
election must be collected
Legislative Referendum
The State Legislature proposes
an amendment
Any amendment to the state
constitution must be approved
by Arizona Voters
The State Legislature places a
proposed law on the ballot as a
proposition
Arizona has a “plural executive”, which means that all members of the executive branch are elected by the public
Elected in “off-year” (non-presidential election) years Typically very low turnout (around 30%)
The Governor
Executive
The Chief Executive is the Governor, who serves a four year term. If the office of governor becomes vacant, the Secretary of State
becomes Governor
Administrative powers:
Appoints the heads of state agencies, and
also has the power of removal. The
governor may not remove the other main
executive branch officials from office
because they are elected by the people
(plural executive).
Legislative powers:
Recommends laws to
the legislature, sign
or veto laws, and call
for special sessions
of the legislature.
Judicial powers:
Appoints members of the
Arizona judiciary for the
first term; can grant
pardons, reprieves, or
commutation of sentences.
Military powers:
Commander-in-chief of the
Arizona National Guard, &can
order the guard into service
during times of civil disorder,
emergencies, or natural disasters,
such as fires or floods.
Other Executives
Secretary of
State:
Runs elections,
maintains state
records & laws.
Attorney
General: State’s
top legal advisor,
represent the
state in noncriminal litigation
and criminal law
enforcement.
Treasurer:
Collects and
invests
Arizona’s funds
Superintendent
of Public
Instruction:
Oversees K-12
education and
certifies state
public-school
teachers
Arizona Corporation Commission:
Five member body that regulates
public service corporations
• Electric: SRP & APS;
• Water: Central Arizona Project
(CAP) which transports water
from the Colorado river)
• Phones
State Mine
Inspector:
Framers wanted
an objective
public official,
not an industry
insider
Qualifications to be
a Judge:
Good moral
character
At least 30 years
old
Practiced law in
Arizona for 5 years
Law school
graduate
Mandatory
retirement at age
70
Judicial
Judicial Appointments
1. Governor is advised by
2. Commission interviews and
3. The commission then
4. The governor chooses one of
nominating commissions who
investigates all the applicants
presents the governor with the
the people on the list and
are appointed by the governor
for the job.
names of no fewer than three
appoints him/her to the bench.
and confirmed by the senate.
people.
Municipal Courts:
Jurisdiction over misdemeanors and petty offenses. Judges are called magistrates, and they hear both criminal and civil traffic cases,
violations of city ordinances and codes.
Superior Courts:
After the initial term is served, judges and justices must be
Five members, hears the majority of cases in every county
Superior Court judges serve a four-year term.
Judges of the Arizona Court of Appeals and the justices of the
Arizona Supreme Court serve six-year terms.
“retained” on the bench by the voters.
This happens at election time, when the names of all the
judges and justices who are running for another term appear
on the ballot. Voters are asked to vote “yes” or “no” on the
question of retention of each.
Bankruptcy Court
Arizona Supreme Court:
Highest court in Arizona, appeals directly to the U.S. Supreme Court
Sheriff: Head of the nation’s 4th largest office, responsible for law enforcement & detention
County
County Attorney: Responsible for the prosecution of criminal cases (40,000+/year)
Board of Supervisors
Governing board
for Maricopa
County.
Each member represents one of
the five supervisorial districts,
and all meet in Phoenix
Mayor
City
Head of the City Council
Elected to fouryear terms, no
term limits
Must be residents
of the district they
represent.
City Council
Council sets fiscal policies and approves all spending,
whether for operations (e.g., salaries) or capital items
such as major equipment purchases, street repairs,
or other public improvements.
Regulates land use, including the creation and
amendment of zoning laws
The chairman conducts all
formal and informal meetings,
which are held every other week
and are open to the public.
City Manager
Serves as the chief operating officer of
the City
implements the policies established by
the City Council
Prepares the City’s annual operating
and capital budget