Government Functions & Foundations

• Government functions include allocating scarce resources and understanding the structure at the local, state, and federal levels.

Magna Carta

• Adopted in June 1215 in England
• Established that law comes from the people, not the king
• Started the tradition of the Rule of Law
• Reflected most strongly in the Bill of Rights, specifically amendments 5-7
• Influenced the U.S. Constitution by guaranteeing individuals could not be imprisoned, outlawed, exiled, or have their possessions or land confiscated without lawful judgment, thus paving the way for trial by jury.

Articles of Confederation

• Served as the first U.S. constitution from 1781 to 1789.
• Acted as a bridge between the initial government by the Continental Congress and the federal government under the U.S. Constitution of 1787.
• Written in 1776–77 and adopted by Congress on November 15, 1777
• Not fully ratified by the states until March 1, 1781.

U.S. Constitution

• The preamble lists reasons for separation from England
• Assigns the responsibility for making laws to the Legislative Branch (Congress), which makes laws for the U.S.
• Congress has two parts, called "Houses," the House of Representatives and the Senate.
• Details the Executive Branch and the offices of the President and Vice President.
• Lays down rules for electing the President (through the Electoral College), eligibility (must be a natural-born citizen at least 35 years old), and term length.
• The 12th and 25th Amendments modified some of these rules.
• Establishes the Judicial Branch with the U.S. Supreme Court as the federal court system's highest court.
• Federal judges are appointed for life unless they commit a serious crime.
• States' powers exist in relationship to each other outlined.
• States can create and enforce their own laws but must respect and help enforce the laws of other states.
• Explains the process to change the Constitution is more difficult than making laws.
• If two-thirds of the Senate and House vote to change the Constitution, an amendment goes to the state legislatures for a vote.
• Federal law is supreme or higher than state and local laws.
• If a state law conflicts with a Federal law, Federal law takes precedence.
• Describes the ratification process for the Constitution which called for state ratifying conventions.
• Nine states were required to enact the Constitution but Rhode Island became the 13th state to ratify it in 1790.
• Each branch can check other branches' actions or balance the actions of other branches with their own actions.
• Express powers come from the Constitution while implied powers are derived from those express powers or the branch's role.
• States that the relationships exist between the state and federal government
• There are two ways to propose amendments to the Constitution and two ways to ratify them.
• Two-thirds of both houses of Congress must vote to propose an amendment
• Two-thirds of the state legislatures can ask Congress to call a national convention to propose amendments or
• Three-fourths of the state legislatures must approve it
• Ratifying conventions in three-fourths of the states must approve it.

Constitution Vocabulary

• Enumerated powers are those expressly granted to the federal government by the Constitution.
• Delegated powers are granted to the national government under the U.S. Constitution, mainly found in Article I of the Constitution.
• Implied powers are political powers granted to the U.S. government that aren't explicitly stated in the Constitution.
• A writ of habeas corpus is essentially a legal action, a written command in the name of a court to act or not act a specific way.
• A petition for writ of habeas corpus is a request for a writ commanding that someone convicted of a crime and imprisoned be brought to court to determine if the imprisonment was lawful.

Bill Of Rights

• James Madison wrote the amendments to limit government power and protect individual liberties through the Constitution.
• Original first ten amendments to the Constitution
• The House approved 17 amendments, with the Senate approving 12, sent to the states for approval in August 1789.
• Ten amendments were approved (or ratified).
• Virginia ratified the amendments on December 15, 1791.

Why the Bill of Rights was added to the constitution

• Lacked limits on government power
• Federalists advocated for a strong national government.
• Federalists believed the people and states automatically kept any powers not given to the federal government.
• Anti-Federalists wanted power to remain with state and local governments and favored a bill of rights to safeguard individual liberty. Madison altered the Constitution's text where he thought appropriate.
• The first amendment guarantees freedom of speech, press, religion, and petition.
• The second amendment concerns the right to keep and bear arms.
• The third amendment sets conditions for quartering soldiers.
• The fourth amendment regulates search and seizure.
• The fifth amendment outlines provisions concerning prosecution, including no double jeopardy and the right against self-incrimination.
• The sixth amendment guarantees the right to a speedy trial and witnesses.
• The seventh amendment concerns provisions regarding prosecution.
• The eighth amendment prohibits excessive bail and cruel and unusual punishments.
• The ninth amendment addresses other rights of the people not listed.
• The tenth amendment concerns the rights of the states under the Constitution.

Ratification of Bill of Rights

• Each of the original thirteen states ratified the Bill of Rights in the following order:
  • Delaware - December 7th, 1787
  • Pennsylvania – December 12th, 1787
  • New Jersey - December 18th, 1787
  • Georgia - January 2nd, 1788
  • Connecticut – January 9th, 1788
  • Massachusetts – February 6th, 1788
  • Maryland – April 28th, 1788
  • South Carolina – May 23rd, 1788
  • New Hampshire – June 21st, 1788
  • Virginia - June 25th, 1788
  • New York - July 26th, 1788
  • North Carolina – November 21st, 1789
  • Rhode Island – May 29th, 1790

Amendments 11-27

• 11th: Citizens cannot sue states in federal courts; exceptions exist (1795).
• 12th: The President and Vice President are elected on a party ticket (1804).
• 13th: Slavery is illegal in the United States (1865).
• 14th: Every person born in the USA is a citizen and immigrants can become naturalized (1868).
• 15th: All US male citizens have the right to vote (1870).
• 16th: Congress can tax income (1913).
• 17th: The people can elect US Senators (1913).
• 18th: Alcohol is illegal (Prohibition) (1919).
• 19th: All US female citizens have the right to vote (1920).
• 20th: The President is inaugurated in January and Congress begins to meet in January (1933).
• 21st: Alcohol is legal. Each state can make laws about making, selling, and drinking alcohol (1933).
• 22nd: The President cannot serve for more than two terms (1951).
• 23rd: US Citizens in the District of Columbia have the right to vote for President (1961).
• 24th: It is illegal to make a citizen pay a voting fee or take a reading test to vote (1964).
• 25th: If the president dies or cannot serve, the vice-president becomes president (1967).
• 26th: US citizens who are 18 years old or older have the right to vote (1971).
• 27th: Congress must limit when and how much its members are paid (1992).

Federalist or Anti-Federalist?

• Ratification of the Constitution in 1787-1788 sparked a great debate.
• Federalists supported the Constitution and a stronger national republic and Anti-Federalists opposed the Constitution, favoring small localized government.
• Both were concerned with preserving liberty, but disagreed on whether a strong national government would eventually destroy the liberty of the American people.

Federalism

• Form of separation of powers and separates power between national government and the state governments.
• State governments in 9-13 states created popular conventions to establish the federal government.
• Employs limited and enumerated legislative powers.
• State governments were allowed to retain significant if delineated legislative power, including police and protective powers and the ability to regulate people's activities.
• The federal government has a substantial amount of power within enumerate activities.
• United States moved from a 13 states empire to 50 states and federal territories.

Key aspects of federal and state government

• Federal Senate has 2 senators per state (100 total)
  • Must be 30 years of age, a citizen for at least nine years, and a resident of the state from which they are chosen
  • Senators serve 6-year terms with 1/2 of total membership elected every two years
• Michigan State Senate consists of 38 members elected by qualified electors of districts having approximately 212,400 to 263,500 residents
  • Elected at same time as Governor
  • Serve 4-year terms beginning January 1 following the November election
• Michigan State House has 110 members elected by the qualified electors of districts having approximately 77,000 to 91,000 residents with terms even-numbered to 2-year terms
• Michigan representatives must be 21 years of age and registered in the district they wish to represent.
• The Michigan legislature considers thousands of bills (proposed laws) during each 2-year session.
• Federal House of Representatives has no more than 435 members, appropriated by population.
  • Representatives must be 25 years of age, a US Citizen for at least 7 years, and a resident of the state from which they are chosen
  • Five delegates represent the District of Columbia, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

President

• Commander in chief of the armed forces
• Commissions officers of the armed forces and Grants reprieves and pardons for federal offenses (except impeachment)
• Receives ambassadors and Convene Congress in special sessions
• Must take care that the laws be faithfully executed and wields the "executive power"
• Appoints Cabinet officials, White House staff and Supreme Court justices
• Eligibility requirements include being a natural-born citizen of the United States, at least 35 years of age, and a resident of the United States
• Shares power with the Senate by making treaties and appointing ambassadors, Cabinet members and Supreme Court justices
• Shares power with Congress as a Whole when Approving legislation

How a bill becomes a Law

• In the House, legislation is handed to the clerk of the House or placed in the hopper.
• In the Senate, members must gain recognition of the presiding officer to announce the introduction of a bill during the morning hour.
• Comments about the bill's merit are requested by government agencies.
• The bill can be assigned to a subcommittee by the Chairman.
• Hearings may be held with Subcommittees that report their findings to the full committee.
• There is a final vote by the full committee to determine if the bill is "ordered to be reported."
• The committee will hold a "mark-up" session to make revisions and additions and can order the introduction of a "clean bill" with the proposed amendments.
• In the House, most bills go to the Rules committee before reaching the floor.
• The committee adopts rules that will govern the procedures under which the bill will be considered by the House.
• Legislation is placed on the calendar for debate before being voted on.
• Members from each house form a conference committee and meet to work out the differences
• If the Conference Committee reaches a compromise, it prepares a written conference report.
• The conference report must be approved by the House and Senate before being sent to the President for review.
• A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session.
• If Congress adjourns before the 10 days and the President has not signed the bill, then it does not become law ("Pocket Veto.")
• The President vetoes the bill and it is sent back to Congress with a note listing his/her reasons.
• Law is assigned an official number once signed by the President or his veto is overridden by both houses

Language around bills

• Filibuster: Extended debate or other procedures used to prevent a vote on a bill in the Senate.
• Cloture: A motion generally used in the Senate to end a filibuster requiring a vote by 3/5 of the full Senate.
• Hopper: Box on House Clerk's desk where members deposit bills and resolutions to introduce them.
• Quorum: The number of Representatives or Senators that must be present before business can begin.
  • The House must have 218 members must be present for a quorum
  • The Senate must have 51 members must be present
• Sponsor: The original member who introduces a bill.
• Rider: An informal term or provision that isn't relevant to the legislation where it is attached.
• Suspension of the Rules: A limit to debate on a bill to 40 minutes, bars amendments to the legislation and requires a 2/3 majority of those present and voting for the measure to be passed.
• Veto: The President, a Governor or a Mayor can refuse approval of a piece of legislation before it is returned Congress with a message.

Kinds of Elections

• General Elections are elections to fill public offices.
• Primary Elections are elections prior to the general election in which voters select the candidates who will run on each party's ticket. -Primaries are also used to choose convention delegates and party leaders and may be open or closed.
• Open Primary: Permits voters to choose on Election Day the party primary in which they wish to vote.
  • Voters may vote for candidates of only one party.
• Closed Primary: The selection of a party's candidates in an election is limited to registered party members.
• Runoff Primary: Held when no candidate gets a majority of the votes.
• Presidential Primary: Used to pick delegates to the presidential nominating conventions of the major parties.

Electoral College

• Americans elect the President and Vice President through a method of indirect popular election.
• Voters cast their ballots on the first Tuesday in November for a presidential candidate to count towards a group of electors who pledge to vote for a specific candidate in the Electoral College.
• 12th Amendment outlines the process for electing the President.
• Exceptions are Maine and Nebraska, where a proportional method for allocating votes is used.

Federal Budget- Types of Spending

• Discretionary spending at 35% of all Federal Spending is the money for yearly spending allocated by the President and Congress
  • This includes money for programs as the FBI, the Coast Guard, housing, education, space exploration, highway construction, defense, and foreign aid
• Mandatory spending at 65% of all Federal Spending appends automatically, unless the President and Congress change the laws that govern it

Process the President's Budget

• The President's Budget is sent to Congress in early February to begin October 1
• Congress examines the budget and has committees and subcommittees hold hearings on proposals under their jurisdiction.
• Each year Congress must pass and the President must sign 13 appropriation bills that include all of the discretionary spending.
• Unless the President and Congress enact new laws governing entitlements or taxes, the Government will pay the benefits for Social Security and other programs and collect the taxes required by laws in place.

Federal Budget Calendar

• 1st Monday in Feb: President submits budget request, compiled by the Office of Budget and Management, to Congress
• Feb. 15: CBO submits report on economic and budget outlook to budget committees.
• April 15th: Action to be completed on congressional budget resolution.
• May: House consideration of annual appropriations bills may begin.
• June 10th: House Appropriations Committee reports last regular appropriations bill.
• June 30th: Action on appropriations to be completed by House.
• July 15th: President transmits Mid-Session Review of the budget.
• October 1st: Fiscal year begins

Federal Budget Vocabulary

• Appropriation: A legislative grant of money to finance a government program.
• Congressional Budget Office: Provides expert technical and computer services to Congress
  • Analyzes the budget proposal of the office of management and budget, and determines the economic consequences of legislation.
  • Fed
• Entitlements: A law that requires the paying of monetary benefits to some person or persons who meet the eligibility requirements established by the law, a binding obligation of the government (i.e. Social Security).
• General Accounting Office (GAO): Checks to see that government spending is proper and reasonable headed by the Comptroller General approved by the President, with the Senate's approval, for a 15 year term.
• Office of Budget and Management: An advisory body that prepares the national budget and reviews agency requests for congressional appropriations.
  • Director of OMB is also appointed by the President with Senate approval and helps the President propose legislation dealing with the budget and assists in preparing proposed executive orders.
• Reconciliation: A concurrent resolution, passed by both houses of Congress, that reconciles the specific amounts to be spend in the coming fiscal year with the overall budget ceiling.

State Government

• The U.S. government is federal in form with the states and national government that share powers wholly derived from the Constitution.
• From the Constitution, the national government derives express, implied, and inherent powers.
• Article I, Section 10 of the Constitution of the United States puts limits on the powers of the states.
• States cannot form alliances with foreign governments, declare war, coin money, or impose duties on imports or exports
• They must take responsibility for ownership of property, education of inhabitants, implementation of welfare and other benefits programs and distribution of aid and regulation of industry.
• All states have a bicameral, or two-house legislature, including Nebraska.
• Legislative salaries range from nothing (Kentucky and Montana) to $57,500 (New York) per year.
• The Upper House is called the Senate membership and can range from 21 (Delaware) to 67 (Minnesota) with terms that usually last four years.
• The Lower House is called the House of Representatives, General Assembly, or House of Delegates (Virginia),
• Membership can range from 40 (Alaska and Nevada) to 400 (New Hampshire) with terms that last two years.
• Like the national legislature, each house in a state legislature has a presiding officer with The Lieutenant Governor that presides over the Senate.
• Majority leader assumes most of the leadership roles.
• States grant legislatures a variety of functions, enact laws, represent constituents' needs, share budgeting responsibilities with Governor and start impeachment. Legislators don't wield the only legislative power in state government with citizen initiatives that bypass the legislature to pass laws or amend the state constitution.
• The Referendum permits approves statutes or constitutional changes proposed by the legislature through a direct vote or ways for citizens to remove elected officials from office.

Governor

• State's chief executive serving two- or four-year term including term limits.
• Chiefly responsible for making appointments to state agencies and offices including the ability to appoint for specific posts in the executive branch and the ability to appoint to fill a vacancy caused by the death or resignation of an elected official
• Draws up budget and and possess clemency military powers including vetoing Bills
• Vetoes can be overridden by a two-thirds or three-fourths majority in the legislature.
• Other positions include Lieutenant Governor to succeed the governor in office and preside over the senate, Secretary of State to takes care of public records and documents, and Attorney General that is responsible for representing the state in all court cases.
• Auditor: Makes sure that public money has been spent legally.
• Treasurer invests and pays out state funds.
• Superintendent of Public Instruction heads the state department of education.

State Revenue

• A government's revenue system is the entire means by which a government acquires funding, including Insurance Trust Revenue, State Taxes, Lotteries and Debt

Government in Health Policy

• Federal: Departments of Health and Human Services: Agencies include CMS, NIH, CDC, HRSA, FDA, AHRQ, SAMHSA o and Programs include Medicare, Medicaid, SCHIP, MCH, and Family Planning
• State: Departments of Health, Human Services or Social Services, Divisions of Insurance, Medical Schools & Affiliated Teaching Hospitals Local: Departments of Public Health

State Role in Health Policy

• Regulator of Health with care professional and health facility licensing
• Purchaser: Insurance company and managed care organization regulation, Pricing and benefits, and Market conduct & Financial solvency
• Provider: Department of Health and Human Services o Public Health (i.e. Flint Water Crisis)

Definitions related to Nursing

• Ethics: Explains what is expected in terms of right and correct and wrong or incorrect.
• Healthcare ethics: The core principles of bioethics for medical and health care decisions.
• Legislation: Making rules (laws) that have the force of authority.
• Statutes: Laws enacted by the legislative branch.
• Law Implies the imposition of a sovereign authority and the obligation of obedience.
• Regulation: Orders issued by an executive authority having the force of law.
• Licensure: States granting legal authority to practice a profession.
• Certification: Granting recognition to individuals who meet predetermined qualifications. Resources for Nursing Practice, Standards of Professional Nursing Practice
• Nurse Practice Act and Rules and Regulations
• Institutional Policies and Procedures
• Self-Determination

Understand government functions like resource allocation and structures at different levels. Explore the Magna Carta's influence on the Bill of Rights and the U.S. Constitution. Examine the Articles of Confederation as the first U.S. constitution and its role in shaping the federal government.