Chapter 9 – Understanding American
Government
Understanding the Constitution
-Overall, the Constitution created a representative democracy,
sometimes known as a republic, one in which people elect others to
act on their behalf. The Constitution created a federal system in
which power is shared between the national government and state
and local governments.
-Powers specifically given to the federal government are called
delegated powers, such as the power to wage war, regulate
interstate commerce, negotiate treaties, etc. Exactly what powers
are delegated by the Constitution include those specifically granted
to the federal government, as well as powers deemed “necessary
and proper” by lawmakers for the proper governing of the country.
This term is included in what became known as the elastic clause of
the Constitution in Article I, Section 8, which says that Congress can
“make all Laws which shall be necessary and proper” for carrying
out its duties. It is known as the elastic clause because something
that is elastic is considered flexible, or able to adjust depending on
the situation.
-Powers specifically given to the states or people are called
reserved powers. These might include establishing and maintaining
schools, establishing local governments, etc.
-Powers shared by both federal and state governments are called
concurrent powers, including levying taxes, enforcing laws, etc.
-One of the key ideas built into the Constitution is the idea that
powers of the federal government are then split between the three
branches of government (legislative, executive, and judicial), a
concept known as separation of powers. The government was set
up this way so that no one branch of the government would
become too powerful.
-As covered in the last chapter, the Constitution embodies
important philosophical concepts: popular sovereignty (political
power rests ultimately with the people), federalism (power is
divided between the national and state governments), checks and
balances (tools the three branches can use to keep the others from
overstepping their powers), separation of powers (dividing the
powers of the government into three branches so that no one
branch is all powerful), and the ability to amend the Constitution
along with a changing society.
The Legislative Branch
-The primary duty of the legislative branch is to make or create laws for
the country. Article I of the Constitution describes the duties of the
legislative branch, the requirements for becoming a US Representative
or Senator, and other important details about the US Congress.
-Congress is divided into two primary parts: the House of
Representatives and The Senate.
-The House of Representatives is the “lower” house of Congress. The
number of representatives for each state is dependent upon the state’s
population. The number of representatives can change over time as a
state’s population changes. After a census, or official count of the
country’s population, is taken every ten years, the number of
representatives for each state is adjusted through a process known as
apportionment, or planned distribution of representation. Since the
number of representatives in the House is dependent upon a state’s
population, the House is seen as representing the people of the United
States. Currently, there are 435 members of Congress representing the
50 states. Places like Washington, DC and Puerto Rico have non-voting
representation in Congress as well. To run for the House of
Representatives, one must be a US citizen for at least 7 years, a
resident of the state they are representing, and at least 25 years of age.
Representatives serve two year terms before their next election.
-The Senate is the “upper” house of Congress. Each state has two
senators regardless of population. In this sense, the Senate represents
the states themselves in the federal government. To run for the US
Senate, one must be a US citizen for at least 9 years, a resident of the
state they are running for, and at least 30 years of age. Senators serve
six year terms when elected and elections for senators are staggered so
that each state has at least one experienced senator in the Senate.
-The political party that controls each part of Congress is referred to as
the majority party, while the one that is not in control is known as the
minority party. The majority party in the House elects an important
member of their party to become the Speaker of the House, or the
leader of the House of Representatives. The Senate is led by the VicePresident of the United States, who does not vote except in the cases
of tie votes.
-A bill is a proposed law that may originate in either the House or the
Senate. A bill is usually debated upon, revised, debated upon, and
revised further before a finished bill is voted upon. It is then sent to the
other chamber of Congress for its approval, where it is further debated
and amended. Once it passes through Congress with a simple majority
vote in both chambers, it is sent on to the President, who may either
sign the bill in to law, or he may veto, or reject, the law.
The Executive Branch
-Article II of the Constitution describes the duties and powers of the
executive branch, which is headed by the President of the United
States. The executive branch executes, or carries out and enforces the
laws passed by Congress.
-The President is the most powerful elected official in the country. In
order to run for President, one must be a natural born US citizen and at
least 35 years of age, and have lived in the US for at least 14 years (in
other words, they cannot have lived in a foreign country during that
time). Presidential terms last four years, and are limited to two terms.
-If a President dies or is incapacitated, there is a “line of succession” to
determine who will take over on his behalf. The Vice-President is first
in line, followed by the Speaker of the House, and then the various
cabinet secretaries that head executive departments.
-The House of Representatives can impeach, or bring official charges
against, a sitting President for “treason, bribery, or other high crimes
and misdemeanors”. An impeachment trial takes place in the US
Senate (with senators acting as the jury and the Chief Justice of the US
Supreme Court as the judge). If found guilty of a crime, the President
may be removed from office or punished in some other way.
-The executive branch’s main duty is to enforce or carry out the laws
passed by a legislature. The executive branch is comprised of the
President and various executive departments and agencies that enforce
the laws. One of the President’s main duties is to sign bills sent to him
or her by Congress into law. The President may veto, or reject, laws
sent to him by Congress as well. Presidents may also issue executive
orders, which carry the same weight as laws passed by Congress but
must fall within the guidelines of the Constitution. The President also
has the power to pardon, or forgive, people for their alleged crimes.
The President is also the commander-in-chief of the armed forces.
Only Congress, however, has the power to actually declare war.
-There are numerous executive departments and agencies that assist
the President in executing the law. Heads of the various executive
departments are part of the President’s cabinet, or close group of
advisors. Each department, such as the Departments of Defense,
Education, Energy, Homeland Security, etc. are headed by a secretary.
The President also has various executive agencies under his control,
such as the Federal Bureau of Investigation, the Central Intelligence
Agency, and carry out executive duties.
The Judicial Branch
-Article III of the Constitution describes the make up of the judicial branch
of the government of the United States. The judicial branch includes the
federal court system of the United States, and the Constitution specifically
describes the Supreme Court to be the highest court in the land.
-One of the most important duties of the court system, especially the
Supreme Court, is the power of judicial review, or the power to review
actions of the legislative and executive branches to determine whether or
not those actions agree with the Constitution., and if those actions do not,
the court may declare them to be unconstitutional. For example, the
Constitution clearly prohibits Congress from creating laws infringing upon
the people’s religious freedoms. If Congress were to pass such a law, and a
case was brought before the Supreme Court challenging that law, then the
Supreme Court can strike the law down, declaring it unconstitutional. Lower
federal (or national government) courts can also rule on the constitutionality
of laws as well.
-The federal (not state) court system has three levels of courts. The lowest
level of courts are the district courts, where trials for criminal and civil cases
are held. The next level of courts are courts of appeal, which hear cases in
which the decisions of lower federal district courts and state courts are
questioned because of procedure or questions of fairness of the original
trial. Courts of appeal can overturn or uphold a lower court decision. The
highest court in the United States is, again, the Supreme Court, which is
primarily an appeals court as well. According to the Constitution, the
Supreme Court also hears cases under its original jurisdiction, or cases
where it and only it has authority. These include cases involving federal
government officials and cases where the federal government or a state
itself is a plaintiff or defendant. Otherwise the Supreme Court has appellate
jurisdiction, where it hears cases on appeal, mostly dealing with
Constitutional questions.
-Federal judges, including those on the Supreme Court, are appointed by the
President, and approved by Congress, for life. They receive lifetime
appointments because, as judges, they are expected to rule impartially, free
from political beliefs. By not making them elected officials, judges are able
to rule freely knowing that their decisions won’t prevent them from being
re-elected like the average Congressman or the President.
-Currently, there are 9 justices on the Supreme Court, including the Chief
Justice, or head judge. The first female Supreme Court justice was Sandra
Day O’Connor, and the first African-American justice was Thurgood
Marshall.
The Bill of Rights
-In order to guarantee its ratification, the framers of the Constitution agreed to
guarantee that a Bill of Rights would be added as amendments to the
Constitution by Congress. This Bill of Rights would be a list of basic, “natural”
rights that would be protected by the Constitution from infringement by the
federal and state governments.
-The 1st Amendment guarantees freedom of expression and thought. More
specifically, this includes: a) freedom of speech and expression, b) freedom of
religion, c) freedom of the press, d) freedom to assemble, and e) freedom of
petition.
-The 2nd Amendment guarantees the right of the people to bear arms for
protection of their property and their rights, and with the idea that the citizens
would from time to time be called into the service of the militia.
-The 3rd Amendment guarantees that no citizen can be forced to quarter or
house soldiers in their homes during peacetime.
-The 4th Amendment guarantees the right against unreasonable searches and
seizures, and requires that searches and seizures must be accompanied by a
warrant or probable cause, or a good reason. The 4th amendment implicitly
protects the right to privacy.
-The 2nd-4th Amendments are direct responses to British abuses before the
American Revolution (British attempt to seize the colonists’ arms at Concord;
forcing colonists to quarter British soldiers in their homes; searching for
evidence of crimes including smuggling without warrants, etc.)
-The 5th Amendment protects citizens from being tried for serious crimes
without an indictment, or formal charge, from a grand jury; it guarantees
against double jeopardy, or being tried twice for the same crime; it guarantees
against being forced to testify against one’s self or self-incrimination;
guarantees that no one will be deprived of their rights and property without due
process of law; guarantees that the government may not take private property
without just compensation or payment, or the right of eminent domain.
-The 6th Amendment guarantees the right to a trial by jury of those accused in
criminal cases, to be informed of the charges against him or her, the right to
confront witnesses, and the right to an attorney.
-The 7th Amendment guarantees the right to a trial by jury in civil cases.
-The 8th Amendment guarantees that no person accused of a crime be held on
excessive bail or subject to cruel or unusual punishments.
-The 5th-8th Amendments are often called the rights of the accused, or those
charged with crimes or involved in civil cases.
-The 9th Amendment basically states that people have other basic rights not
mentioned in the Constitution, and that their omission does not mean they
don’t possess those rights.
-The 10th Amendment states that any powers not specifically granted to the
federal government or specifically prohibited to the states are held by the states
themselves.