American Gov. Feb 5
American Gov. Feb 5
Judiciary:
We have a federal and a bunch of state judiciaries. The difference is just what kind of
laws you’re dealing with; federal or state. There are three levels:
- District courts: These are the courts of finding. You have a prosecutor, a defense
attorney, a jury, etc. Just what you see on TV. There are 94-96 all across.
- Federal appeals court: There are 11 or 13 circuits which are a collection of judges
about the facts of a case, to determine if the process was followed. They deal with
the process, whether was it followed, and were their rights were violated.
- The top level, the Supreme Court of the United States: there is only one. All
federal judges have the same process: The president nominates and the Senate
confirms. To be a Supreme Court judge, there’s no age limit, you don’t need to be
a lawyer, you don’t need to be a citizen.
Federal 51 is the doctrine of the 3 powers: legislative, judicial, and executive. This talks
about creating a government that can govern the people. Under the Articles of
Confederation, we didn’t have a government to govern the people. It had no authority to
operate directly upon you. We also need a government to govern itself so it can be
powerful enough. The danger with creating a powerful government is it becoming too
powerful. This is where the separation of powers comes in. However, there is only one
branch that has the power to act.
There were going to be classes in the branches.
The executive was going to be royal. Legislative was going to be commons and
nobility/lords. Judicial is mainly nobility. Though, we got rid of this. We made
everything rooted in the commons (us). When rooted in the commons, they have no
interest in checking each other.
● Madison explains that the new U.S. government is a mix of federal and national
elements.
○ Federal = Power is shared between state and national governments (states
still have authority).
○ National = The central government has authority over all states in certain
areas.
● He says the Constitution creates a "Republican" government, meaning the people
elect representatives to make decisions for them.
● Why it matters: This paper reassures people that the Constitution won’t create a
government that’s too powerful, but instead balances power between the states and
the national government.
● Madison argues that to keep the government from becoming too powerful, power
must be separated into three branches:
○ Legislative (makes laws)
○ Executive (enforces laws)
○ Judicial (interprets laws)
● Each branch has checks and balances, meaning they can stop each other from
abusing power.
○ Example: The President (Executive) can veto laws, but Congress
(Legislative) can override the veto.
● He also says human nature makes people want power, so the government must be
designed so no one group or person can control everything.
● Why it matters: This paper explains how the Constitution prevents tyranny by
making sure power is divided and balanced.
Together, these three papers explain why the U.S. government is designed to prevent
tyranny, protect individual rights, and balance power between the states and
national government.
● The U.S. Constitution establishes the framework for the federal government,
outlining the roles and powers of its three branches: Executive, Legislative, and
Judicial.
● The Constitution was ratified in 1788 and has been amended 27 times, reflecting
the evolving nature of American governance.
● The Preamble sets the purpose of the Constitution, emphasizing justice, domestic
tranquility, and the general welfare of the populace.
Separation of Powers
● The Legislative Branch holds significant power, including the authority to create
laws, control federal spending, and impeach federal officials.
● Impeachment is a two-step process: the House votes to impeach, and the Senate
conducts the trial to determine removal from office.
● The Legislative Branch can defund executive actions, exerting control over the
budget and financial resources of the government.
● The President of the United States (POTUS) is the head of the Executive Branch,
responsible for enforcing laws and managing the federal government.
● To be eligible for the presidency, one must be at least 35 years old, a natural-born
citizen, and have resided in the U.S. for at least 14 years.
● Presidential terms last four years, with a limit of two terms established by the 22nd
Amendment, ratified in 1951.
Electoral Process
● The President is elected indirectly through the Electoral College, where citizens
vote for electors pledged to a candidate rather than directly for the candidate
themselves.
● There are 538 electoral votes, requiring a majority of 270 to win the presidency;
this includes 435 from the House, 100 from the Senate, and 3 from Washington
D.C.
● Most states use a winner-takes-all system, where the candidate receiving the most
votes in a state gets all of its electoral votes, with exceptions in Maine and
Nebraska.
● The Judicial Branch interprets laws and ensures they are applied fairly, with the
Supreme Court being the highest court in the land.
● Justices are appointed for life, providing independence from political pressures,
and can only be removed through impeachment.
● The Judicial Branch has the power of judicial review, allowing it to invalidate
laws or executive actions deemed unconstitutional.
● The NPVM proposes that states allocate their electoral votes to the candidate who
wins the national popular vote, rather than the state vote, to bypass the Electoral
College.
● To implement this, a minimum of 270 electoral votes must agree to this change, as
per state laws that have been enacted to support this movement.
● This movement aims to ensure that the candidate with the most votes nationwide
is elected, addressing concerns about the current system where a candidate can win
the presidency without winning the popular vote.
● Historical context: The Electoral College was established in the U.S. Constitution,
and this movement seeks to reform a system that many view as outdated and
unrepresentative.
● Case studies: States like California and New York have passed laws supporting
NPVM, showcasing a growing trend among states to consider this approach.
● The NPVM reflects ongoing debates about electoral fairness and representation in
the U.S. political system.
● The Vice President (VP) is not merely the second-in-command but has specific
constitutional roles, including presiding over the Senate and casting tie-breaking
votes.
● Historically, the original Constitution allowed the second-place candidate in
presidential elections to become the VP, leading to potential conflicts between
party lines.
● The modern process involves the President selecting a running mate, which is now
a standard practice in U.S. elections.
● The VP's role is crucial in the event of presidential succession, as they assume the
presidency if the sitting president can no longer serve.
● The VP's influence can vary significantly depending on the relationship with the
President and the political context.
● Example: JD Vance's mention as a potential VP highlights the ongoing discussions
about party dynamics and electoral strategies.
Structure of the U.S. Judiciary
Federal and State Judiciary Systems
● The U.S. has a dual judiciary system comprising federal and state courts, each
handling different types of laws and cases.
● Federal courts deal with issues related to federal law, while state courts handle
state laws, leading to a complex legal landscape.
● There are three levels in the federal judiciary: District Courts (trial courts), Circuit
Courts (appeals), and the Supreme Court (highest court).
● District Courts serve as the primary trial courts, with 94-96 courts across the
country, where cases are heard and decided.
● The Supreme Court's role is to interpret the Constitution and federal law, with just
one court that has the final say on legal disputes.
● The appointment process for federal judges involves presidential nomination and
Senate confirmation, ensuring a system of checks and balances.
● The Supreme Court is the highest court in the U.S., with the authority to interpret
the Constitution and federal laws, impacting American society significantly.
● Justices are appointed for life, which allows them to make decisions free from
political pressures, although they can be impeached.
● Landmark cases, such as Brown v. Board of Education and Roe v. Wade, illustrate
the Court's power to shape social policy and civil rights.
● The Supreme Court's decisions can only be overturned by a subsequent Supreme
Court ruling or constitutional amendment, highlighting its lasting influence.
● The Court's composition can shift with new appointments, affecting its ideological
balance and future rulings.
● Example: The nomination of justices has become a highly politicized process,
reflecting broader political battles in the U.S.
● Federalist 10 addresses the dangers of factions and argues that a large republic can
mitigate their influence by diversifying interests.
● Federalist 39 discusses the hybrid nature of the U.S. government, balancing
federal and national elements to ensure state authority while maintaining national
unity.
● Federalist 51 emphasizes the importance of checks and balances, arguing that
human nature necessitates a system that prevents any one group from dominating.
● Together, these papers provide a foundational understanding of the U.S. political
system, emphasizing the need for a government that protects individual rights and
prevents tyranny.
● The Federalist Papers were written to persuade states to ratify the Constitution,
showcasing the debates and concerns of the time.
● Example: Madison's insights into faction control remain relevant in contemporary
discussions about political polarization and party dynamics.