American Government

Government, Politics and Decision Making in the US

Government, govern: To control, direct by authority; the agencies or individuals exercising this authority.

Who, what government is: Federal (national), state, county, municipal

Three branches: Legislative (makes the laws), executive (enforces the law), judicial (decides disputes, interprets the law)

How government works: Authority exercised by law, with consent of the governed (p. 11).

Politics

What is politics? The art of government or administration of public affairs; who gets what, when and how (p. 19). In a "civil body politick," or civil society, government is by majority rule (p. 11).

What does politics do? Gives members of civil society the means to fashion the laws, guide their enforcement. Politics produce leaders, raise issues, organize voters. Political parties are institutions of political expression that support candidates in primaries and general elections, raise money, help register voters, hold conventions to select candidates and issues, and campaign.

Decision Making

What decisions are made? Making laws, enforcing laws, spending money, trading with foreign countries, interstate commerce, protecting citizens, war and peace, punishing lawbreakers, issuing drivers licenses.

Who makes these decisions? Elected political leaders, appointed officials and officers, judges, voters.

How are these decisions made? Congress votes on laws, President and federal agencies issue orders and regulations to enforce the law, courts rule on disputes of law, parties back candidates, voters choose representatives, leaders.

What is unique about American government, politics, decision making?

*Three co-equal branches of government

*Constitution guarantees individuals rights

*Federal system shares power with states

*Democratic republic with representative government

Constitution and Bill of Rights--A look at framework, foundations of American gov't

Constitution (1789)

The "supreme law of the land," by which people give power to government (federal and state).

Power is granted first to an elected Congress in Article I, which says Congress as representative of the people makes the laws. Article II gives executive power to enforce the law to an elected President. Article III grants power to decide disputes in the law and between the states to a Supreme Court and other courts that Congress may set up. Three equal branches of government share power among each other and with the states. The states are given power to ratify the Constitution and Congress and states hare the power to change it by amendments.

Bill of Rights (1789)

The first 10 amendments to the Constitution, sent to the states for ratification along with the Constitution, assured the states and their citizens that their rights would be protected under the new national government.

Four of these amendments spell out individual rights, including "the right to be secure in their persons, effects and homes from unreasonable search and seizure."

Four amendments (Five, Six, Seven and Eight) deal with the courts and punishment; the Fifth Amendment guarantees "due process of law" and tells those arrested that they cannot be forced to give testimony against themselves.

Two amendments ensure that any rights of the people not mentioned in the Constitution cannot be denied (Amendment Nine); and that all powers not granted to the United States government, nor prohibited to the states, are reserved to the states or to the people.

Federalism and Representation--Principles and theory of a democratic republic

Federalism--A system characterized by a constitutional sharing of power between a national government and regional units of government, or states (p. 37).

Constitution--Guarantees a republican form of government; a system of dual sovereignty with spheres of responsibility for states and federal government, and representative lawmaking.

Republic, republican--representative government

Democratic republic--representative government with leaders chosen by popular vote.

Representation--Embodies the ideas of popular sovereignty, consent of the governed and majority rule (p. 9); No taxation without representation; embodies the rule of law and a civil society through which leaders are chosen through political activity.

Civil Rights and Liberties--How Rights Are Protected

Basic rights include freedom of religion, speech, press, the right to assemble and petition the government for redress of grievances and the right to a trial by a jury of your peers; protection against unreasonable search and seizure, excessive bail, self-incrimination and double jeopardy.

How do we know our rights if we are arrested? A 1966 Supreme Court ruling (Miranda v. Arizona) spells out the requirement that police inform you of these rights before questioning (p. 118).

Where do we get our jurors? From the lists of registered voters.

How is our right to vote protected? Article I, Section 2 of the Constitution and the 15th, 17th, 19th, 24th and 26th amendments.

Rights have been defended in court and on the battlefield, and by people who exercised their freedom to peaceably assemble and petition the government for redress of grievances. In 1857 and 1896, the Supreme Court held that black slaves were not "persons" protected by the Constitution (Dred Scott), and that "separate but equal" accommodations were enough to meet the test of "equal protection" under the law (Plessy v. Ferguson). The Dred Scott decision was reversed after the Civil War by constitutional amendment (the 13th, 14th and 15th amendments), and Plessy v. Ferguson was reversed by the Supreme Court in a series of cases in the 1950s. In the 1960s, Congress passed and the president signed the Civil Rights Act (1964) and the