Copyright © 2003 - All rights reserved. U.S. Library of Congress Copyright Registration # TXu-146-800 SECTION THREE: SOCIAL STUDIES Part Two AMERICAN GOVERNMENT AMERICAN GOVERNMENT Dade County lies in the southeast area of the State of Florida. It is the county within which the city of Miami is located. Introduction American government bears the responsibility of representing, serving and protecting the American people, whether they happen to be on American soil, or in foreign countries. Government, in dispensing its service to the people, is responsible for accommodating the entire spectrum of needs that arise in society: From an individual town dweller’s appeal for a stop-light on a busy street intersection that currently does not have one; to the enactment of a national foreign policy that has the potential to affect the lives of the entire country’s population. In order to effectively govern the populace; from America’s towns and cities to the whole nation, the system of American government administers its duties on four different levels; City Government; County Government; State Government and Federal Government. - 1- The smallest level of government, being of course, the city government, whose administration is confined to the fewest number of constituents; (people within the community who are served by that government), and the largest being the Federal government, whose administration serves the entire country’s population The arrangement in running the government at all levels; from city hall to Capitol Hill, serves to provide access for all the public to have its concerns voiced and its vote counted. In this section, we will explain the fundamental workings of government at each of the four levels. However, before we begin, it is important to understand the meaning of three terms that are given to the branches of government: The Legislative Branch: Elected officials responsible for making the laws. The Judicial Branch: Appointed judges whose job it is to interpret the laws. The Executive Branch: Elected official/s charged with the duty of implementing, or enforcing the laws. City Government The smallest form of government is rightfully allocated the least amount of tax dollars, as its responsibilities and the scope of the services it renders are to a limited extent; the smallest constituency, or population. City governments are also referred to as Municipalities, or Municipal governments. Municipal governments provide services for a specific concentration of population within a defined area. The services provided by them are in addition to those provided by Counties and Special Districts. In order for an area of population that dwells in a geographic concentration to elect its own government, certain criteria; such as minimum population, or density have to be met before that community is eligible for incorporation (city hood). The criteria vary from state to state: for example, Alabama sets a minimum 300 person population, Florida requires an average 1.5 persons per acre and Georgia requires that any community must be at least 3 miles from an existing municipality. There are three basic systems by which a municipal government can operate: Mayor - Council / Council - Manager / Commission In the first system, mayor - council, both the mayor and the members of council are elected. The Mayor assumes the executive powers and the council acts In a legislative capacity. Most municipalities in the U.S. use this system. In the council - manager form, council members are elected and then a professional city manger is hired by unanimous decision by the members of the council. The council decides on the budget, establishes the tax rate and sets policy, which the city manger is then charged with the responsibility of implementing. About 2,500 municipalities across the country use this system. The commission form of municipal government is used in less than 5 percent of all municipalities. This system involves a non-partisan elected commission of between three and five members who jointly share both legislative and executive duties. - 2- County Government At the birth of our nation’s government, the framers of the United States constitution made no provision for local government, leaving that matter up to each state. As a result, early state constitutions considered themselves as “arms” or extensions of the federal government; adopting a similar premise as the national constitution. After World War I, with the nation’s population migration to the suburbs from the cities and the government reform movement, more responsibility fell upon local government and strengthened the role of county governments. The counties began to provide increasingly more services and the scope of these services continued to widen as each state’s economy grew. It continues to keep pace with growth and the subsequent needs to this day. For those of you who live in what is called “unincorporated” areas of your county, it means that because there is no city government tending to the needs of your community, the county shoulders the entire responsibility, providing police and fire department services, trash collection as well as various other essential services. There are three different types of county government: Commission / Commission - Administrator / Council - Executive In the commission form of government, a board of supervisors is elected to the commission. These officials jointly exercise both legislative and executive authority. Legislative duties include the enactment of ordinances and setting of budgets; and executive duties include administering policies and appointing county employees. In the form of county government known as commission - administrator, the commission comprises members who are popularly elected and serve as the legislative arm of county government. The members of the commission appoint and Administrator in whom a broad range of powers may be vested. Essentially, the Administrator serves in an executive capacity and his powers may include the ability to hire and fire department heads as well as put together a budget. In the third system of county government; council - executive, the council bestows upon the executive the responsibilities of Chief Administrative Officer, who has the power to veto, (rule out, or dismiss) any ordinance put forward by the county board. The executive also has the power to hire and fire department heads. 48 out of the fifty states in the union have functioning county governments. The two exceptions are Connecticut and Rhode Island. Although these two states each have defined geographical regions that are designated as counties, there are no county governments and each state provides all services and accommodates the needs of their individual populaces. State Government State governments have considerable power and exert much control over the lives of their residents. At this level of government, people can clearly feel the noticeable effects that state governments can have on their lives. The budgets required to operate state governments is proportional to its number of residents. Among the powers at this level includes property taxes, state income taxes and even sales taxes. This much power is necessary in order for the state to provide the many programs that is incumbent upon it to do so. You may already be aware of many state funded programs and institutions that are in place in your state and which provide for assistance in many areas concerning day-to-day living for individuals and families. - 3- There are various essential needs of the state’s population that are catered to by the state government; from public education and housing to welfare, roads and medical care - which together make up only a small percentage of the state governments responsibilities. With the exception of the State of Nebraska, every state in the union maintains a government that operates, for the most part in a similar way. Each state maintains its own legislative body, comprising publicly elected officials who serve in either the state’s House of Representatives, or in the state’s Senate. The two chamber system; called the bi-cameral system, makes up the state’s legislature. Nebraska differs from the rest of the states in that it is uni-cameral. Nebraska only maintains a Senate, and not a House of Representatives. When a budget is presented to the state legislature for consideration of approval, in every case, with the exception of the state of California, a majority vote ensures its passage, or approval. California is the only state among the fifty to require a two-thirds, or “super-majority” before the budget can pass. Aside from these differences in the make up of a state’s legislature and the standards of approval by which each state’s legislature abides, all states operate their governments in the same manner, delegating the burden of the state’s responsibilities upon the three branches of their governments. The State Legislature comprising elected officials who hold seats in either the state’s House of Representatives or the state’s Senate. The state’s judicial branch takes the form of a Supreme Court, which consists of individual judges who are appointed to the bench. They are referred to as Justices and the appointed leader of the Justices of the State Supreme Court is called the Chief Justice. The Executive powers of the state lie in the hands of the state’s Governor. He or she assumes the position of State Governor through statewide popular election. This differs from the way that the members of the state’s House of Representatives and the state’s Senate are elected. The officials elected to the state’s legislature come from various districts within the state and it is the residents of those districts that vote them into power. You may have heard of the term Gubernatorial, particularly when the time came for elections to decide who would be the governor of your state. The term simply refers to Governor and the elections to decide upon who will assume that position is called Gubernatorial elections. Before we leave the first three tiers of American Government and begin to cover the largest and most powerful of the four levels, it is worthwhile mentioning the fact that in recent political history, many US Presidents, held the position of State Governor at the time of their election into the White House. The Federal Government Before we begin to explain the functions of the branches of the Federal Government, it is useful to again, recap the three branches and place them in their perspective within the framework of the United States Government. The Legislative body is the United States Congress which, following the bi-cameral system, comprises the elected members of the House of Representatives and the House of Senate. The Judicial arm of the Federal Government is called the United States Supreme Court. The Executive branch of the nation’s government is the United States President, who serves as the country’s Chief Executive Officer and Commander-in-Chief of the U.S. Military. - 4- The Presidency WHITE HOUSE AND EXECUTIVE OFFICE OF THE PRESIDENT Economic Advisors Office of Management and Budget Office of the President Office of the Vice President THE PRESIDENT U.S. Trade Representatives Office of Administration Executive Residence Policy Development Offices National Security Council National Economic Council Domestic Policy Council Environmental Policy Science, Technology and Space National Drug Council In the united States there are primarily two major political parties’ each with their own political ideologies, and agendas, although, there currently exists additional parties that have emerged, however they have not yet made a significant enough of an impact to change the political arena that has existed for some time now. The two major political parties are the Democratic Party and the Republican Party. The President of the United States is elected by popular vote and can serve no more than two terms in office, if re-elected for a second term, a term being four years in length. The President appoints individuals to represent his Cabinet. The function of the Cabinet members is to head up the various departments that cover all the needs of the country’s population. The Cabinet currently consists of the following departments: Agriculture Defense Energy Homeland Security Interior Labor Transportation Veterans’ Affairs • • • • • • • Commerce Education Health and Human Services Housing and Urban Development Justice State Treasury - 5- With the exception of the Department of Justice, where the appointed leader is referred to as the Attorney General, the Cabinet members who head up each of these departments are referred to as Secretaries. Although the President selects the individual members of his cabinet, the Senate must confirm each appointee. This process of confirmation by the US Senate is basically a method of approval that must take place before the President’s appointee can serve as a member of his Cabinet. Normally, the process of Senate Confirmation goes smoothly without much incident and the newly appointed Cabinet member receives his/her approval. However, from time to time, there are always exceptions. Article II, Section 2 of the United States Constitution defines the power of the president. In the following text, the duties are summarized and the language is edited for easier understanding. 1. The President is Commander-in-Chief of the Military. 2. The President has the power to make treaties, which must be confirmed by a two-thirds vote of the Senate. 3. The President appoints ambassadors, other public ministers and consuls, judges of the Supreme Court and all other officers of the United States. These appointees are subject to Senate confirmation by a simple majority vote. 4. The President shall, from time to time, give Congress information on the State of the Union. (The President delivers the State of the Union Address to Congress on an annual basis). 5. On extraordinary occasions, the President may convene both houses of Congress. Article I, Section 7 of the Constitution specifies that no bill may be passed into law until it receives the signature of the President. Should he so choose, the President may also veto that bill which Congress can then override by a two-thirds majority vote in both houses of Congress. Before a United States President is elected, he must receive the approval of the majority of his political party who serve in Congress. As early as two years before the Presidential elections, more than one person from either of the two major parties can be a contender for nomination to represent that party in the Presidential elections. The official confirmation of the individual selected by his party occurs during that party’s National Convention. Such an event has grown in magnitude over recent years and is now very highly publicized. Once the Presidential candidate has been nominated by his party to represent it in the elections, he selects his running mate or Vice Presidential candidate. Again, the official declaration of such usually occurs during the party’s national political convention. In the event that the President is incapacitated, either through death or injury, or in the event that the President is impeached, the Vice President then assumes the role of United States President. United States Congress The United States Congress functions in the capacity of the nation’s legislative body. It is divided into the House of Representatives and the House of Senate. As directed by the Constitution, there are 100 members in the House of Senate; two from each of the fifty states, organized into the higher of the two congressional houses. The lower house being the House of Representatives has 435 members. - 6- Unlike the House of Senate, where each of the states is equally represented, the number of Representatives from each state depends on the state’s population. The most populous state, California, has 45 members serving in the House of Representatives, whereas Alaska and Vermont each have one Representative. A common misleading phrase “members of Congress” or the equally misleading terms; “Congressman” or “Congresswoman” are confusing in that they directly imply any official from either the US House of Representatives or the US House of Senate. However, this is not the case, which is what is so misleading about these terms. A “member of Congress, Congressman and Congresswoman”, each refer to a member of the House of Representatives. Although each of the houses of Congress enjoys special powers separate from each other, Article I, Section 8 of the Constitution specifies the duties of Congress as a joint legislative body. These are summarized here: To establish a federal tax and provide for the collection of taxes To regulate foreign and domestic trade and commerce To establish the rules for citizenship and naturalization To coin money, and regulate its value To establish the federal court system To establish Post Offices To set standards for weights and measures To grant patents and copyrights for the protection of intellectual property, and promote the advancement of science To raise and support the armed forces To declare war The Senate th Prior to May 13 , 1912, United States Senators were chosen by their own home state’s legislature. It was th on this day that Congress offered the 17 Amendment to the Constitution, which among other things, specified that Senators would be elected by a vote of the people. This change came about after much deliberation that began around the turn of the century, when reformers argued that the current system of selecting Senators was inherently corrupt. It is fairly typical for an elected member of the House of Representatives who is ambitious enough to attain a higher position, to seek election as a Senator. For career politicians, it is considered a natural progression to advance to the Senate from the House of Representatives. The members of the Senate designate an individual to represent each of the two major political parties. He, (as there has not yet been a woman in this position), is referred to as either the Senate Majority leader, or, the Senate Minority leader; depending on which of the two parties has more members serving as Senators. - 7- However, presiding over the entire US Senate is the US Vice President. On occasion, when a vote is tied in the Senate, the Vice President’s vote will serve as the tiebreaker, so that a majority vote can then allow the passage of whichever measure was being considered. Each Senator has one vote and, only when there is a deadlocked tie in the Senate, is the President of the Senate; the official senatorial title given to the US Vice-President permitted to vote, in order to break the tie. When a US Senator has been elected, he or she serves a term of six years The US Constitution specifies the requirements for a Senator are that the candidate be a United States Citizen for at least nine years; be at least thirty years of age; and be a resident of the state from which election is sought. The special powers granted to the Senate are as follows: To approve or deny treaties made by the President with foreign countries To approve or deny appointments to the judicial and executive branches of government made by the President To sit as the jury in impeachment cases brought against federal officials by the House of Representatives To select the US Vice-President in the event that no candidate receives a majority of the electoral college vote during the presidential elections. The House of Representatives The House of Representatives is considered the lower of the two congressional houses and presently has a total of 435 members. Members of the House of Representatives have always been chosen by a vote of the people. The debates that occur in the House of Representatives are always far more lively, spirited and sometimes rowdy in comparison to the more deliberating House of Senate. This was the intent of the Constitution. As opposed to Senators, House Representatives are elected to serve a term of two years. Because of its sheer number of representatives, spanning a wide cross section of cultures, these members of Congress represent ethnicity and other varied interests in urban America. Whereas a Senator represents his or her entire state, a member of the House of Representatives is elected by and to represent a comparatively small section of the state’s population referred to as a district. Members of the first House of Representatives were elected on the basis of 1 representative per every 30,000 inhabitants within a given state. Currently, each member represents approximately 570,000 people within his or her state. The Officer who presides over the House of Representatives is called the Speaker of the House, and is the next person in line after the Vice-President to take over the office of Presidency in the event that neither the President nor Vice-President is unable to perform that duty. A member of the House of Representatives, upon election, will serve a term of two years. The requirements for a member of the House of Representatives is that the candidate be at least twenty-five years of age; a United States Citizen for at least seven years and a resident of the state from which election is sought, though not necessarily of the district for which he or she is running. - 8- The Special powers granted to the House of Representatives are as follows: To raise revenue; initiating all tax bills that go through Congress To bring forward any impeachment charges against a federal official, including the United States President, however, the authority to remove an official from office upon being found guilty of treason or high crimes and misdemeanor lies with a two-thirds majority vote of the Senate To select a United States President, when no candidate receives the majority vote of the electoral college The Supreme Court Article III, Section I of the United States constitution states that; “The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish”. The Constitution deliberately set up a system of checks and balances to ensure that none of the three branches of government could hold a monopoly on power. Though the Supreme Court does not make legislation, its role in the legislative process is vital in that provision is made in the Constitution for the Supreme Court to exercise a judicial review of any legislature that controverts or conflicts with the Constitution. The lives of American people, both citizens and residents are highly impacted by the rulings and decisions of the Supreme Court: For example; Civil Rights, Abortion Rights, and Affirmative Action all result from Supreme Court rulings. Article III, Section 2 of the Constitution specifies “the judicial power shall extend to all cases in law and equity, arising under this Constitution…” Article VI of the Constitution proclaims the Constitution as the “Supreme Law of the Land”. Therefore, the role that the Supreme Court is vested with is to determine how the Constitution is to be interpreted. Upon deciding on a case where constitutionality is in question, or upon which, the basis lies on constitutional grounds, the ruling made by the Supreme Court provides guidance to all the lower courts; federal as well as state, and Congress to follow. The US President appoints Supreme Court Justices, however, they are subject to Senate Confirmation upon nomination by the President and before their Appointment to the Supreme Court. Once confirmed, or approved, A Supreme Court Justice may keep his or her position for life, if he or she so wishes. However, the Constitution stipulates that the appointments to the Supreme Court are indefinite, providing “good behavior” is maintained on the part of the Supreme Court Justice. With the exception of the years surrounding the Civil War; 1863-1869, the Supreme Court has maintained a body of nine Justices since 1837. Most Supreme Court Justices retire due to advanced age. However, as mentioned before; as a federal official, Supreme Court Justices can be subject to the removal from office if tried in impeachment cases and found guilty of treason, bribery, or high crimes and misdemeanors. - 9- Supreme Court Procedure Upon submission to the Supreme Court Justices, a case is individually reviewed and then the Justices meet to discuss the merits of the case before deciding one of three courses to take: Schedule the case for oral argument Decide upon the case without the need for oral argument Dismiss the case In the event that at least four Justices agree, a case will then be accepted by the Supreme Court for a decision, either with or without oral argument. If a case is to be accepted by the Supreme Court and oral argument is heard, each party is given an hour to state their case and respond to questions from the Justices. Decisions, or rulings by the Supreme Court can occur with a minimum of six of the nine Justices voting. In the event of a tie, when either one or three of the Justices abstain from voting, the ruling held by the inferior court will stand. Below is a list of the Nine Justices currently serving in the Supreme Court; along with their dates of birth and the year they began their service. Chief Justice John G. Roberts, Jr.: Born January 27, 1955; Serving since 2005 Justice John Paul Stevens, III: Born April 20th, 1920; Serving since 1975 Justice Samuel Alito: Born April 1st, 1950; Serving since 2006 Justice Antonin Scalia: Born March 11th, 1936; Serving since 1986 Justice Anthony M. Kennedy: Born July 23rd, 1936; Serving since 1988 Justice David H. Souter: Born September 17th, 1939; Serving since 1990 Justice Clarence Thomas: Born June 23rd, 1948; Serving since 1991 Justice Ruth Bader Ginsburg: Born March 15th, 1933; Serving since 1995 Justice Stephen G. Breyer: Born August 15th, 1938; Serving since 1994 - 10 - PRESIDENTS OF THE UNITED STATES OF AMERICA # TITLE TERM IN OFFICE NAME POLITICAL PARTY None LIFE DATES 1. President Vice Pres. 1789-1797 1789-1797 George Washington John Adams 1732-1799 1735-1826 2. President Vice Pres. 1797-1801 1797-1801 John Adams Thomas Jefferson Federalist Democratic-Republican 1735-1826 1743-1826 3. President Vice Pres. Vice Pres. 1801-1809 1801-1805 1805-1809 Thomas Jefferson Aaron Burr George Clinton Democratic-Republican 1743-1826 1756-1836 1739-1812 4. President Vice Pres. Vice Pres. 1809-1817 1809-1812 1813-1814 James Madison George Clinton Elbridge Gerry Democratic-Republican 1751-1836 1739-1812 1744-1814 5. President Vice Pres. 1817-1825 1817-1825 James Monroe Democratic-Republican Daniel D. Thompkins 1758-1831 1774-1825 6. President Vice Pres. 1825-1829 1825-1829 John Quincy Adams Democratic-Republican John C. Calhoun 1767-1848 1782-1850 7. President Vice Pres. Vice Pres. 1829-1837 1829-1832 1833-1837 Andrew Jackson John C. Calhoun Martin Van Buren Democrat 1767-1845 1782-1850 1782-1862 8. President Vice Pres. 1837-1841 1837-1841 Martin Van Buren Democrat Richard M. Johnson 1782-1862 1780-1850 9. President Vice Pres. 1841 1841 William H. Harrison Whig John Tyler 1773-1841 1790-1862 10. President 1841-1845 John Tyler (no vice president) Whig 1790-1862 11. President Vice Pres. 1845-1849 1845-1849 James Knox Polk George M. Dallas Democrat 1795-1849 1792-1864 12. President Vice Pres. 1849-1850 1849-1850 Zachary Taylor Millard Fillmore Whig 1784-1850 1800-1874 13. President 1850-1853 Millard Fillmore (no vice president) Whig 1800-1874 14. President Vice Pres. 1853-1857 1853 Franklin Pierce William R. King Democrat 1804-1869 1786-1853 - 11 - # TITLE TERM IN OFFICE NAME POLITICAL PARTY 15. President Vice Pres. 1857-1861 1857-1861 James Buchanan John C. Breckinridge 16. President Vice Pres. Vice Pres. 1861-1865 1861-1865 1865 Abraham Lincoln Republican Hannibal Hamlin Andrew Johnson Democrat (Nominated vice pres. By Republicans) 1809-1865 1809-1891 1808-1875 17. President 1865-1869 Andrew Johnson (no vice president) Democrat 1808-1875 18. President Vice Pres. Vice Pres. 1869-1877 1869-1873 1873-1875 Ulysses S. Grant Schuyler Colfax Henry Wilson Republican 1822-1885 1823-1885 1812-1875 19. President Vice Pres. 1877-1881 1877-1881 Rutherford B. Hayes William A. Wheeler Republican 1822-1893 1819-1887 20. President Vice Pres. 1881 1881 James A. Garfield Chester A. Arthur Republican 1831-1881 1829-1886 21. President 1881-1885 Chester A. Arthur (no vice president) Republican 1829-1886 22. President Vice Pres. 1885-1889 1885 Grover Cleveland Thomas A. Hendricks Democrat 1837-1908 1819-1885 23. President Vice Pres. 1889-1893 1889-1893 Benjamin Harrison Levi P. Morton Republican 1833-1901 1824-1920 24. President Vice Pres. 1893-1897 1893-1897 Grover Cleveland Adlai E. Stevenson Democrat 25. President Vice Pres. Vice Pres. 1897-1901 1897-1899 1901 William P. McKinley Garret A. Hobart Theodore Roosevelt Republican 1843-1901 1844-1899 1858-1919 26. President Vice Pres. 1901-1909 1905-1909 Theodore Roosevelt Charles W. Fairbanks Republican 1858-1919 1852-1918 27. President Vice Pres. 1909-1913 1909-1912 William H. Taft James Sherman Republican 1857-1930 1855-1912 28. President Vice Pres. 1913-1921 1913-1921 Woodrow Wilson Thomas R. Marshall Democrat 1856-1924 1854-1925 29. President Vice Pres. 1921-1923 1921-1923 Warren G. Harding Calvin Coolidge Republican 1865-1923 1872-1933 - 12 - Democrat LIFE DATES 1791-1868 1821-1875 1837-1908 1835-1914 # TITLE TERM IN OFFICE NAME POLITICAL PARTY LIFE DATES 30. President Vice Pres. 1923-1929 1925-1929 Calvin Coolidge Charles G. Dawes Republican 1872-1933 1865-1951 31. President Vice Pres. 1929-1933 1929-1933 Herbert C. Hoover Charles Curtis Republican 1874-1964 1860-1936 32. President Vice Pres. Vice Pres. Vice Pres. 1933-1945 1933-1941 1941-1945 1945 Franklin D. Roosevelt John N. Garner Henry A. Wallace Harry S. Truman Democrat 1882-1945 1868-1967 1888-1965 1884-1972 33. President Vice Pres. 1945-1953 1949-1953 Harry S. Truman Alben W. Barkley Democrat 1884-1972 1877-1956 34. President Vice Pres. 1953-1961 1953-1961 Dwight D. Eisenhower Richard M. Nixon Republican 1890-1969 1913-1994 35. President Vice Pres. 1961-1963 1961-1963 John F. Kennedy Lyndon B. Johnson Democrat 1917-1963 1908-1973 36. President Vice Pres. 1963-1969 1965-1969 Lyndon B. Johnson Hubert Humphrey Democrat 1963-1969 1911-1978 37. President Vice Pres. Vice Pres. 1969-1974 1969-1973 1974 Richard M. Nixon Spiro T. Agnew Gerald R. Ford Republican 1913-1994 1918-1996 1913-2007 38. President Vice Pres. 1974-1977 1974-1977 Gerald R. Ford Nelson A. Rockefeller Republican 1913-2007 1908-1979 39. President Vice Pres. 1977-1981 1977-1981 James Earl Carter Walter F. Mondale Democrat 19241928- 40. President Vice Pres. 1981-1989 1981-1989 Ronald Reagan George H. W. Bush Republican 1911-2005 1924- 41. President Vice Pres. 1989-1993 1989-1993 George H. W. Bush Dan Quayle Republican 19241947- 42. President Vice Pres. 1993-2001 1993-2001 William J. Clinton Albert Gore Democrat 19461948- 43. President Vice Pres. 2001- 2008 2001- 2008 George W. Bush Richard M. Cheney Republican 19461941- 44. President Vice Pres. 2008 2008 - Barack Husein Obama Joseph Biden Democrat 19611942- - 13 -
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