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American Gov. Feb 5

The U.S. Constitution establishes three branches of government: Legislative, Executive, and Judicial, each with distinct powers and responsibilities to ensure checks and balances. The Legislative branch, which is bicameral, holds significant power including law-making and impeachment, while the Executive branch, led by the President, enforces laws, and the Judicial branch interprets them. Political parties influence governance, and movements like the National Popular Vote seek to reform the Electoral College to better reflect the national popular vote.

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0% found this document useful (0 votes)
6 views10 pages

American Gov. Feb 5

The U.S. Constitution establishes three branches of government: Legislative, Executive, and Judicial, each with distinct powers and responsibilities to ensure checks and balances. The Legislative branch, which is bicameral, holds significant power including law-making and impeachment, while the Executive branch, led by the President, enforces laws, and the Judicial branch interprets them. Political parties influence governance, and movements like the National Popular Vote seek to reform the Electoral College to better reflect the national popular vote.

Uploaded by

supercoolguy960
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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United States Constitution:

The U.S has 3 branches:


- Executive branch
- Judicial branch
- And Legislative branch
The legislative branch is the most powerful, as it is responsible for and has the power to
make laws. It can oppose ideas and address problems more effectively. The legislative
branch is the only one with the power to remove the president and the other branches.
This is the impeachment process, though that is just the first stage. This means you indite
and bring them up on charges, then remove them. Trump was impeached, yet never
removed by the Senate. The legislative branch is in charge of the money and controls
whether the other branches get any money. They can defund everything if they choose.
Again, they have the power to make laws. The executive branch enforces or
executes laws. The judicial branch makes judgments and interprets. The executive branch
has bullets and the power to act, to make people do things.
They went through a process where they separated the powers; to make sure the
government wasn’t out of control. They were separated for checks and balances. None of
this works because of parties. If you have a party that controls all 3 branches, they aren’t
going to check each other. Another problem is that political parties are bad. However,
parties are institutions that dominate the politics. Branches can say things, judges can
agree, but the executive voice has the power to do something.
The legislative branch has a bicameral legislature. There are two houses and are
populated by two different groups of people. One is big, called the House of
Representatives (the lower house) and the smaller one is the Senate (the upper house). To
be in the HoR, you have to be 25. They’re directly elected and elected in congressional
districts. There are 435 congressional districts. We don’t vote for the president but
instead vote for electors. Washington D.C is not a part of a state, it’s its own thing. The
HoR has 2 years in their term, the shortest term in the federal system. You can reelect
someone as many times as you want.
The Tuesday after the first Monday in November on an even-numbered year is
when our federal election is.
Proportional representation: All the districts have equal representation.
The House of Representatives is responsive to the people because they are up for
reelection every single time. It’s that way because the people needed to be represented. If
they don’t feel represented, they reelect someone else to represent them. In the HoR, you
do what the people want.
In the Senate, you have to be 30 years old. Senate terms last 6 years. Keeping
people longer, things are slow to change. It won’t go back to the people as much either.
They’re going to be more experienced than the HoR. This is called staggered elections.
⅓, ⅓, ⅓ is the cycle. 33 + 33 + 34. There are 100 senators, so there are 2 per state.
Every state gets the same no matter the population. Everybody's vote doesn’t count the
same.
The Senate is directly elected by the state compared to the HoR. Originally in the
constitution, they were indirectly elected by state legislatures.

Practice explaining the process.


The executive branch: The head of the Executive branch is the President (POTUS/
President of the United States). You have to be 35 years old. Their terms are four years,
now you get two terms. In the original constitution, there were no term limits. If it’s more
than half a term, that counts as a term for the vice president.
The people don’t get to vote for the president. When in the booth, you’re voting
for slates of electors. The overall process is indirectly voted on by the people through the
Electoral College state by state. There are 538 members in the electoral college. You
have to win the majority of electoral college votes, you have to get half plus one (269 + 1
= 270). We get the number 538 by: the House of Representatives has 435 seats. The
Senate has 100 seats. The rest comes from Washington DC, who gets 3 votes. However,
this is just how you get the seats. You cannot hold two federal titles at the same time.
Georgia has 14 members of the House of Representatives, so you add two
senators, so you have 16 electoral college members.
We do the sense counting every 10 years, so the next counting will be in 2030.
California, Texas, Florida, New York, Pennsylvania, and Georgia are all the big states.
We will have a presidential election, the candidates will run and we will have a
vote in Georgia. In a little over half the states, the candidate that wins the most popular
votes in that state will get all of the electoral college votes in that state, by law. It’s
winner-takes-all in 48 of the states. A little over half of those, 26, by law, get all of the
electoral votes. They're called a faithless elector if they don’t vote for who they’re
supposed for. Their vote will not count. In the other states, the Electoral College
members vote for whoever they want. But they almost always will vote for the candidate
that gets the most popular votes. Instead of what's on the ballot, you vote for a collection
of Republican voters or Democratic voters.
Nebraska and Maine are divided into regions. You can win one region without
winning the other regions. Their winner takes all in the regions, but not all the states.
According to the constitution, the National Popular Vote movement states that
states are in charge of the voting process. Given that provision, the NPVM says that if we
get enough states to agree that they will give their electoral college votes NOT to the
candidate that wins the most votes in their state, but the candidate that wins the most
votes in the country, then you can bypass the electoral college. You just have to get the
Electoral College votes to add up to 270. There are laws in states that have been passed
that if this movement meets 270 or more, it will be implemented.
Vice President: JD Vance
In the original constitution, the second-place candidate would become vice
president. However, they came from different parties and most likely didn’t get along
well. Now, there is an unofficial process and an official process that work together.
The unofficial process is that the President chooses the person who will run on the
party ticket with them. Officially, the vice president is elected the same way the President
is elected. The House of Representatives appoints the vice president. The VP is NOT
second in command. The VP does NOT work for the president. The VP has two
constitutional jobs:
The vice president is constitutionally called the President of the Senate. If there is
a tie in the Senate, the vice president gets to vote. Second, if something happens to the
president, the vice president becomes president. In the original constitution, if the
president dies, the question was ‘Should the VP assume the duties of the president or
BECOME the president?’
Underneath the president and vice president, is the bureaucracy. They have the
most people and these people work at departments and agencies to make the law happen.
The single largest group is the Military with between 2-3 million people. Their role is
external which is not within the boundaries of the United States. The three strongest are:
- The Department of Defense / Secretary of Defense
- The Secretary of State is head of the department of state and the department of
state handles foreign affairs.
- The Department of Justice is not the Secretary of Justice, but the attorney general.
This department did not prosecute Donald Trump.

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.

1. House of Representatives - National


2. Senate - Federal
3. POTUS - Mixed
4. Authority to operate - National
5. Jurisdiction - Federal (Limited by the states)
Reserved power is powers kept by the states.
FOIA- Freedom of Information Acts. We have access to all public documents, we just
have to request them using FOIA. This is what we use for transparency so the
government isn't doing secret, dangerous stuff.

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.

Federalist 10 – Controlling Factions


● Madison is worried about factions, which are groups of people (like political
parties or interest groups) that could become too powerful and threaten the rights
of others.
● He argues that a large republic (like the U.S.) is the best way to control factions
because there will be so many different groups that no single one can dominate.
● Why it matters: This paper explains why democracy works better in a big,
diverse country where different interests balance each other out.

Federalist 39 – Federal vs. National Government

● 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.

Federalist 51 – Checks and Balances

● 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.

Structure of the Constitution

● 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 separation of powers is a fundamental principle that divides government


responsibilities into distinct branches to prevent any one branch from gaining too
much power.
● Each branch has its own functions: the Legislative makes laws, the Executive
enforces laws, and the Judicial interprets laws.
● This system is designed to create checks and balances, ensuring that power is
distributed and that each branch can limit the powers of the others.

The Legislative Branch


Structure and Function

● The Legislative Branch is bicameral, consisting of the House of Representatives


(lower house) and the Senate (upper house).
● The House has 435 members, elected every two years, with representatives
directly accountable to their constituents.
● The Senate has 100 members, with each state represented by two senators, serving
six-year terms, allowing for more stability and experience.

Powers of the Legislative Branch

● 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 Executive Branch


Role of the President

● 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


Structure and Function

● 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.

Impact of Political Parties

● Political parties play a significant role in the functioning of the government,


influencing the legislative process and the election of officials.
● When one party controls all three branches, the system of checks and balances can
be undermined, leading to potential abuses of power.
● The rise of partisanship has led to increased polarization, affecting the
effectiveness of governance and the public's trust in institutions.

Electoral College and Voting Mechanisms


National Popular Vote Movement (NPVM)

● 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.

Role of the Vice President

● 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 Role of the Supreme Court

● 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.

Principles of American Government


Separation of Powers and Checks and Balances

● Federalist 51 outlines the necessity of separating government powers into three


branches: Legislative, Executive, and Judicial, to prevent tyranny.
● Each branch has distinct functions: the Legislative makes laws, the Executive
enforces them, and the Judicial interprets them, ensuring a balance of power.
● Checks and balances allow each branch to limit the powers of the others, such as
the President's veto power and Congress's ability to override it.
● This system is designed to prevent any one branch from becoming too powerful,
reflecting the Founding Fathers' concerns about tyranny.
● Historical context: The Articles of Confederation lacked a strong central
government, leading to the creation of a more balanced system in the Constitution.
● Example: The impeachment process serves as a check on the Executive branch,
allowing Congress to remove a president for misconduct.

Federalist Papers and Their Significance

● 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.

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