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Colonial Life
• Under British control for 100+ years
• Property, free religion & other rights
•Had about 4 million non-natives
“Rugged Individualism”
Success in life is pretty much determined by forces outside of your control (% Disagree)
“It is the responsibility [of the state] to take care of very poor people who cannot take care of themselves,” % Agree
Constitutional Design
• Article I: Legislative
• Article II: Executive
• Article III: Judicial
• 6 other articles
• Only 8,000 words!
• 1 Federal Government• 50 State Governments• 550 Federally-Recognized Indian Tribes• 3,043 County Governments• 19,279 Municipal Governments• 14,422 School Districts• 16,656 Townships and Towns• 31,555 “Special Districts”
Federalism in the US
The Size of the Election Reform Problem
• 1.4 million poll workers
• 700,000 voting machines
• 200,000 polling places
• 7,000 + election-district jurisdictions
• 3,000 + counties
• Each state with different rules
Federalism
Who are the Partisans?
Democrats• Minorities esp. blacks• Least and most educated• Lowest income• Northeast• Single and female• Unionized• Jewish and nonreligious• Liberal
Republicans• White• Higher incomes• Married with children• South• Male• Protestant and religious• Conservative
The Basics
• House– 435 Members
– 2 Year Terms
– Committee Dominant
– Majority Party Dominant
– 109th Congress
– Lots of Staff
• Senate– 100 Members
– 6 Year Terms
– Committees Important
– Majority Party Important
– 109th Congress
– Even More Staff
• Introduction & Referral
• Committee Hearings
• Committee Markups
• Committee Reports
• Schedule Floor Action (Rules, UCRs)
• Floor Votes
• Conference Committee
• Conference Report & Floor Vote
• Presidential Signature (or Veto)
How a Bill Becomes a Law
The Basics
• Presidents elected to 4 year terms.
• May serve no more than 2 terms. (22nd Amendment)
• Must be a U.S. born citizen, at least 35 years old, who has lived in the U.S. for a minimum of 14 years.
Formal Presidential Powers
• Administrative head of government
• Commander-in-Chief of military
• Veto (or sign) legislation
• Nominate judges, cabinet secretaries
• Treaties, pardons, convene Congress
Formal Presidential Powers
• May not introduce legislation (cf. prime minister)• May not declare war• Legislative oversight• Judicial review• Impeachment possible• Must use “bully pulpit” and persuasion• “Go public”
Limits on Presidential Power
1. Chief of State (ceremonial)2. Chief Legislator (State of the Union)3. Chief Executive4. Opinion Leader (set national priorities)5. Chief Diplomat6. Commander in Chief7. Party Leader
Presidential Roles
• Congress (Article 1, Section 8, “elastic clause.”
• States (10th Amendment -- reserves powers to the states)
• President (Inherent Powers -- largely through Congressional delegation of powers.)
Review of Various Powers
Presidency isMany People
EOP: OMB, NSC, CEA, “czars,” VP,and WHO
WHO: close advisors,no Senate approval
Civilian Employees in Cabinet Departments
• Agriculture 109,000• Commerce 36,000• Defense 834,000• Education 5,000• Energy 21,000• Health and Human Services 62,000• Housing and Urban Development 13,000• Interior 76,000• Justice 102,000• Labor 18,000• State 25,000• Transportation 65,000• Treasury 161,000• Veterans Affairs 224,000
The Basics
• Article 3 creates the Supreme Court, but specifics of design were left to Congress
• 9 Justices on the Supreme Court, and they may serve for life
• State & Federal Courts are Separate
• Civil and Criminal treated differently– 300,000 federal cases filed annually, 80% are
civil.
Qualifications
• Federal judges serve for life (“good behavior”)
• Chosen by president with “advice and consent”of the Senate
• No age limits or other requirements
• Size of Court? age? citizenship? education?
Powers
• Original jurisdiction: ambassadors, U.S. is a party, where states are the parties
• Appellate jurisdiction: all other cases (99%)(court of last resort, final interpreter)
• Judicial review?
• Lower courts to be created by Congress
Greatest Supreme Court power not in Constitution!
Established by Marbury v. Madison (1803)
Judicial Review has come to encompass:
– Power to declare national, state and local Laws invalid if they violate the Constitution
– Supremacy of federal laws or treaties
– Role of Supreme Court as final authority on the meaning of the Constitution
Judicial Review
Structure of Federal Judiciary
Supreme Court9 Justices
Mostly appellate
Hears about 100out of 5,500 requests
U.S. Courts of Appeals13 districts with 170 judges
3-judge panels hear appeals33,000 cases per year
U.S. District Courts94 district courts with 650 judges
Trial courts with original jurisdiction225, 000 cases per year
Statecourts
State Courts
• Each state has its own court system
• States handle 100 million cases per year
• 98% of criminal cases handled by states
Types of Cases Criminal = charged by gov for breaking law Civil = dispute between parties
How the “Constitution” Changes
• Amendments (27 of them)– Amendment is proposed by a vote of at least
2/3rds of both houses of Congress– Amendment is ratified by the legislatures of at
least 3/4ths of the states (process for 26 of 27 amendments)
• Judicial reinterpretations– Stare Decisis
Judge-Made Law
• We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our liberty and our property under the Constitution.– Chief Justice Hughes, 1907
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