US Government: Purpose and Foundations

• The most fundamental purpose of a government is to maintain order.
• Governments also serve to provide internal and external protection, distribute resources, and protect rights.

Hobbes vs. Locke

• Thomas Hobbes believed the main reason for government is to maintain order, stemming from his concept of the "State of Nature."
• John Locke argued that individuals possess natural rights, including life, liberty, and property, which they expect the government to uphold.

Declaration of Independence

• The Declaration of Independence is not legally binding.
• Thomas Jefferson was the author.
• John Locke was the philosopher who influenced Jefferson.
• It relates to the structure of government following the revolution by emphasizing life, liberty, and the pursuit of happiness, securing natural rights, and establishing the right to revolt.

Jefferson vs. Madison

• Jefferson's vision: protected individual rights, an agricultural economy, fear of tyranny through the elite, and advocating for the Bill of Rights.
• Madison's vision: some individual rights need to be limited for the greater good, a commercial/industrialized economy, and fear of tyranny by the majority.
• The Articles of Confederation favored Jefferson’s vision.

Articles of Confederation

• The purpose was to establish a unified government.
• The state government had the most power.
• Its limitations included a weak national government, no standing army, and no power to tax, which led to its failure.

Constitutional Convention of 1787

• The convention was necessary because the Articles were weak, causing economic problems and a need for a new constitution.
• Conveners agreed on a more effective government, national security, and restoring order.
• Issues of controversy included representation in Congress, addressed by the Connecticut Compromise (bicameral legislature with Senate and House).
• Representation and taxation were points of contention, resolved by counting enslaved people as 3/5 of a person.
• The presidency was established as a single executive balanced and checked by other branches.
• Federalism was implemented, sharing powers between the national government and states, with the 10th Amendment reserving powers not given to the federal government for the states.
• The Electoral College and the Amendment Process were established.

Constitution

• Ratification required approval by 9 states, involving debates between Anti-Federalists and Federalists (Federalist Papers).
• Rhode Island was the last state to ratify.
• Formal changes can be made through Article 5, with proposals by a 2/3 majority of both houses of Congress or a national convention initiated by 2/3 of state legislatures.
• Ratification requires approval by 3/4 of state legislatures.
• Informal changes can occur through Supreme Court interpretation (Marbury v. Madison), congressional laws, customs, and precedents.
• The legislative branch (Congress, bicameral) levies taxes, regulates commerce, declares war, and handles impeachment.
• The executive branch (President) is Commander in Chief, can veto legislation, appoint judges, pardon, and negotiate treaties.
• The judicial branch interprets laws, conducts judicial review, and settles disputes.
• Articles are the original sections, outlining the branches and their relations.
• Amendments include the Bill of Rights, abolition of slavery, voting rights, and prohibition.
• Amendments address civil rights, government structures, social/economic issues, and political/legal changes.

Bill of Rights

• The Bill of Rights protects individual liberties and limits the power of the federal government.
• The 1st Amendment protects freedom of speech, press, assembly, and religion (Establishment Clause and Free Exercise Clause).
• The 2nd Amendment protects the right to bear arms.
• The 3rd Amendment protects against the quartering of soldiers.
• The 4th Amendment protects against unreasonable searches and seizures.
• The 5th Amendment protects against self-incrimination and double jeopardy (Miranda rights).
• The 6th Amendment guarantees the right to a fair trial.
• The 7th Amendment guarantees the right to a jury.
• The 8th Amendment protects against cruel and unusual punishment.
• The 9th Amendment recognizes rights retained by the people.
• The 10th Amendment reserves powers to the states or the people.
• The right to privacy is implied from the 4th Amendment , however the Bill of Rights is not absolute.

Federalism

• Federalism is the sharing of power between the central government and state governments.
• Unitary system: the central government has the most power.
• Confederation: the central government has limited power.
• In federalism, both national and state governments have their own powers, with the federal government generally wielding more power.
• The Incorporation Doctrine, stemming from the post-Civil War ratification of the 14th Amendment, has selectively incorporated the Bill of Rights to apply to the states.
• Conflicts between state and national power are resolved through judicial review and court rulings, the commerce clause, and spending power.

Checks & Balances

• Checks and balances reinforce the separation of powers and create accountability in government.
• The legislative branch checks the executive through impeachment, overriding vetoes (2/3 majority in both houses), controls federal spending, and Senate confirmation.
• Legislative checks on the judiciary: impeach/remove judges, create new courts, and confirm judges.
• Executive checks on the legislative: veto power, executive orders, and calling sessions of Congress.
• Executive checks on the judicial: appointing judges and pardoning power.
• Judicial checks on the legislative: judicial review.
• Legislative-Executive: Congress makes laws, but the president can veto. Congress can impeach, but the president appoints key officials.
• Legislative-Judicial: Congress can pass laws, but courts can strike them down. Congress controls funding and can impeach, but cannot directly interfere with judicial decisions.
• Executive-Judicial: The president nominates judges, but the Senate confirms. Courts can rule executive orders unconstitutional.

Presidential Powers

• Domestic Policy: enforcing laws, executive orders, veto power, budget and spending, appointments (cabinet, secretaries, fed judges), and pardoning power.
• Foreign Policy: Commander in Chief (Congress declares war), treaty power (Senate 2/3), executive agreements, recognizing foreign governments, and diplomacy.
• The President can influence legislation positively through proposing legislation (state of the union/budget proposal), persuasion, lobbying, and signing bills into law.
• Negatively, the President can use veto power, threaten a veto, and issue executive orders.
• Role of Vice President is succession, President of the Senate (deciding vote in a tie), advisor to the President, and diplomatic functions.
• Requirements to become President include being 35 years old, a natural-born citizen, and having lived in the U.S. for at least 14 years.
• Impeachment process: the House introduces impeachment, approval by a simple majority in the House, Senate trial, and removal with a 2/3 Senate vote.

Bureaucracy

• Cabinet: Department of State and Department of Defense
• Independent executive agencies: CIA and NASA
• Independent regulatory agencies: Federal Communications Commission and Environmental Protection Agency
• Government Corporations: USPS and Amtrak
• Regulatory Commissions: Securities and Exchange Commission and Federal Trade Commission
• Importance of the Executive Branch's rule-making authority is to interpret legislation and implement and enforce policy.

Congress

• It is bicameral due to the Great Compromise, balancing the interests of large and small states.
• House: 435 members, representing a district based on population, 2-year terms, must be 25 years old and a citizen for 7 years.
• Senate with 100 members, each state having 2, 6-year terms, must be 30 years old and a citizen for 9 years.
• The leader of the House is the Speaker of the House. The leader of the Senate is the Vice President.
• Standing committees are permanent and handle most legislation.
• Select committees are created for specific purposes.
• Joint committees include members of both the House and Senate.
• Conference committees resolve differences between House and Senate versions of a bill.
• For a bill to become a law: introduced in either the House or Senate, committee review with discussion and amendments, floor debate and vote, goes to the other chamber (if passed), conference committee (if chambers pass different versions), final vote by both chambers, and presidential approval (sign or veto).

Points where a bill can be killed

• Points in the process where a bill can be killed include: committee (ignored or voted down), floor debate, and conference committee.
• The Senate can confirm presidential appointments and treaties and use a filibuster to delay or block legislation through extended debate.
• The House can handle revenue bills and initiate impeachment.
• CBO Congressional Budget Office (independent help make informed decisions).
• GAO Government Accountability Office audits and evaluates federal programs and activities to ensure accountability.
• OMB Office of Management and Budget assists the president in preparing the federal budget.

Courts

• Federal judges are nominated by the President, go through the Senate Judiciary Committee, receive full Senate votes (simple majority), are appointed, and serve for life.
• Lifetime appointments ensure independence from political pressure, impartiality, stability, and adherence to the Constitution.
• In criminal cases, a law has been broken, the government brings the case (prosecutor), the person suspected of breaking the law is the defendant, and the standard for evidence is beyond a reasonable doubt.
• In civil cases, someone/institution has been harmed (plaintiffs), the standard for evidence is a preponderance of evidence, and damages may be awarded.
• Original jurisdiction occurs in federal district courts, involving trials, evidence, and witnesses.
• Appellate courts, where the Jury determines guilt/innocence/punishment.
• Grounds for appeal: Attorneys prepare written briefs and may make oral arguments.
• Federal circuit courts include 13 circuit courts for appeals, organized geographically, with a varying number of judges, who review requests for appeal and decide whether to grant them.
• When a case comes before the Supreme Court:
  • 4/9 judges have to agree to hear a case.
  • They look for cases with broader impact.
  • They must wait until there is a concern to initiate anything (no power to enforce).
• Influence of Supreme Court opinion and a precedent:
  • If at least 5 judges agree to the same reasonings, it becomes a precedent.
  • The real action is when they explain the why and reasoning (opinion).
• Informal changes to the Constitution achieved through:
  • Judicial review
  • Changing legal precedent
  • Evolving interpretation of rights

Influences on Government

• Public opinion
• Interest groups
• Political parties
• Media
• Social movements
• Economic factors
• Examples of social movements civil rights, woman's suffrage, LGBTQ, and environmental.
• Conventional ways to participate in politics are to vote, campaign, and contact representatives.
• Sources of political socialization include family, education, peers, media, religion, socioeconomic class, and life experiences.