A description of the US political system and how it works

1. The American Political
System

2. Background
• The Declaration of Independence 1776
• The War of Independence 1776-1783
• The Articles of Confederation 1777
• The American Constitution 1789
• Federal government and state governments
• Division of power
• Checks and balances

3. United States Constitution 101
Constitution:
Introduction & Overview to the US Constitution

4. Timeline
1777 Patriots win the battles
of Saratoga
Articles of
Confederation
Adopted
1781 Articles of Confederation
go into Effect
British surrender at
Yorktown
1783
Treaty of Paris officially ends the Revolutionary
War
1786 –1787 Shay’s Rebellion in
Massachusetts
1787
Constitutional
Convention held
in Philadelphia
United States
Constitution is
written
1788
United
States
Constitutio
n is
Ratified
1789 George Washington becomes the first
President of the United States

5. What is the US Constitution?
• The supreme law of the United States.
• It is the foundation and source of the legal
authority underlying the existence of the
United States of America and the Federal
Government of the United States.
• It provides the framework for the organization
of the United States Government.

6. What are the basic principals of the
Constitution?
• Popular Sovereignty
– Government power resides in
the people
• Limited government
– Government is not all powerful,
can only do what the people let
it.
• Separation of Powers
– Helps prevent one branch from
becoming too powerful
– Checks and Balances
• Federalism
– Division of power among
national and state governments

7. Who Wrote It?
• James Madison is
considered “the father
of the Constitution.”
• His important
contributions:
– The Virginia Plan
– Separation of Powers
– Bill of Rights

8. Why was it written?
• After the Revolutionary War, the Articles of
Confederation set up the structure of the US
Government.
• The federal government was extremely weak
and this created many problems such as:
1. No separation of powers – only unicameral
legislature.
2. Weak central government – states had most power.
3. Congress did not have the power to tax – this means
they could not get their finances in order.

9. Confederation Congress
 From 1776 to 1787, the United States was
governed by a group of men called the
Confederation Congress.
 These men accomplished five important things:
 Governed the nation during the war
 Negotiated the Treaty of Paris
 Ratified the Articles of Confederation
 Passed the Land Ordinance of 1785
 Passed the Northwest Ordinance of 1787

10. The Articles of Confederation
• During the American
Revolution, the original
13 states ratified (or
agreed to) a document
called:
The Articles of
Confederation.

11. The Articles of Confederation
Powers Given to Federal
Government in the Articles
Powers NOT GIVEN to the Federal
Government in the Articles
• Wage war
• Make peace
• Sign treaties
• Issue money
• No power to enforce laws
• No power to levy taxes
• No power to regulate trade
• Required all 13 states to
approve changes to the
Articles

12. The Weakness of the Articles of
Confederation led to problems
after the war.
• Because the Federal government couldn’t
levy taxes, they had no way of getting
money to pay soldiers that had fought in
the war.
• This led to rebellions and violence.

13. Why was it written?
• More problems with the Articles of Confederation:
4. In order to change the Articles, all thirteen states had to
approve of the changes. This made it essentially
impossible to make any changes.
5. For any major laws to pass they had to be approved by 9
or the 13 states which was difficult.
6. Congress did not have the power to regulate commerce
which caused competition between states. It also caused
diplomatic issues when states refused to pay for goods
their received from other nations.

14. Why was it written?
• Shays’ Rebellion:
– An uprising of farmers in
Massachusetts – led by
Daniel Shays.
– Helped convince leaders
that a strong central
government was
needed.
"A scene at Springfield, during Shay's Rebellion, when the
mob attempted to prevent the holding of the Courts of
Justice."—E. Benjamin Andrews, 1895

15. When was it written?
• May 25th to September 17th, 1787
• Philadelphia
• Intention was to revise Articles of Confederation
• Ended up replacing the Articles and creating a new
government
• Called the “Constitutional Convention.”

16. What were the important outcomes of
the Constitutional Convention
• Virginia Plan:
– Separation of powers
– Bicameral legislature
based on population
– Federal government had
increased powers
• New Jersey Plan:
– Unicameral legislature
where every state
received equal
representation.
• Great Compromise:
– Hybrid of VA and NJ
Plans:
• Bicameral legislature:
– House of Reps based on
population
– Senate based upon
equal representation
– Three-Fifth’s Clause:
• Slaves count as 3/5’s of a
person for representation
purposes & taxes.

17. Ratification Debate
• Needed 9 of 13 states to ratify or official approve of
the Constitution before it went into effect.
• A huge debate emerged between two sides:
– Federalists
– Anti-Federalists

18. Federalists v. Anti-Federalists
• Federalists:
– Supported the
Constitution and a
strong central
government
– Alexander Hamilton,
James Madison, John Jay
– Federalist Papers –
series of articles written
in defense of the
Constitution
• Anti-Federalists:
– Supported a weaker
central government –
felt too much power was
taken away from the
states
– Opposed the
Constitution
– Wanted a Bill of Rights
included
– Samuel Adams, Patrick
Henry

19. Ratification
• Officially adopted after
ratified by New
Hampshire.
• Once the new
government convened,
they added a Bill of
Rights to the
Constitution.

20. Structure of the Constitution
• Preamble:
– Statement of purpose
• Articles:
– I: Legislative Branch
– II: Executive Branch
– III: Judicial Branch
– IV: Relations Among the
States
– V: Amendment Process
– VI: Federal Power
– VII: Ratification
• Amendments:
– 27 Total
– 1st ten are the Bill of Rights

23. Article I: Legislative Branch
• Bicameral:
– Senate
• 2 Senators for each state
– House of
Representatives
• Based on population
• Reps serve for 2 year
terms
• Senators serve for 6
year terms
• Important Powers:
– Make laws
– Set taxes
– Declare war
– Override Vetoes
– Borrow money
– Regulate international
and national trade
– Print money

26. The Organization of Congress:
Committees
• Standing Committees
• Select Committees
• Joint Committees
• Conference Committees
• House
• Senate

29. How a Bill Becomes a Law
• Introducing a Bill
• Legislative Productivity
• Study by Committee
• Floor Debate – The House
• Floor Debate – The Senate
• Methods of Voting

31. Article II: Executive Branch
• President and Vice
President are elected to
4 year terms
• Qualifications:
– At least 35 years old
– 14 year resident of the
US
– Natural born citizen
• Elected by the Electoral
College
• Important powers:
– Commander-in-Chief
– Grant pardons
– Make treaties
– Appoint federal officers
– Ensure laws are
executed

32. Constitutional Powers
• Powers/duties are very limited
• “executive power” – enact/enforce law
1. Military Power
2. Diplomatic Power
3. Appointment Power
4. Veto Power

33. Military Power
• Commander in Chief (civilian control)
• Prez can send armed forces abroad
– Congress has not declared war since 12/8/1941
– Korea, Vietnam, Iraq? – all Constitutional
• War Powers Resolution, 1973
– Prez must report to Congress within 48 hours after
deployment
– If Congress does not OK in 60 days, must withdraw
– Check on president, attempt to limit president

34. Diplomatic Power
• Create treaties with foreign nations with Senate
permission, 2/3 Senate approval (advice and
consent)
• Executive agreement – not permission needed,
deal between heads of state, not binding to next
administration
• Diplomatic Recognition – power to officially
recognize foreign gov as legit
– Ex. 1917-1933 – USSR not recognized
– Ex. 1949-1970s – China not recognized

35. Appointment Power
• Power to appoint ambassadors, public officers,
and Supreme Court Judges with Senate approval
(advice and consent)
• Civil Service – most gov jobs under executive
filled based on merit system
John Roberts Susan Rice

36. Veto Power
• Veto – return the bill to house it originated
(no action within 10 days – bill becomes law)

37. Executive Orders
• Prez issues executive orders that have force of
law
• Ex– power to enforce the Constitution,
treaties, laws, etc.
– FDR – allowed Japanese internment
– Truman – integrate military
– Eisenhower – desegregate public schools

38. Line-Item Veto???
• Should the President be able to veto certain
parts of a bill, and not other parts?
• Line-Item Veto Act 1996
• Clinton v. City of New York (1997) – law found
unconstitutional

39. Vice President
• Preside over the Senate, tie breaking vote
• Takes over the presidency if the President
cannot finish term
• 12th Amendment – voters choose President
and VP together
– Previous to 1804, the losing candidate became VP

40. White House Office
• “ Pyramid ” model– assistants answer to a
hierarchy up to a chief of staff (few top advisors
to prez)
• “ Circular ” model– direct contact with staff
(many top advisors to prez)
• Significance: determines what aids have the
most influence on presidential decisions

41. Executive Office of the President
• National Security Council – advises on military
and foreign policy
• Office of Management and Budget – prepares
national budget, largest office
• National Economic Council – advises with
economic planning

42. The Cabinet
• 15 major department heads advising prez
• “Inner cabinet” – Secretary of State, treasury,
attorney general, and defense
John Kerry– Secretary of State Chuck Hagel– Secretary of Defense

43. Presidential Disability and Succession
• 22nd Amendment – limited President to 2
terms,
• 25th Amendment – If the VP office is vacated,
then the President can select a new VP

44. Impeachment
• House impeaches, Senate tries the prez, Chief
Justice presides over the trial
• Two presidents impeached, neither removed
(Andrew Johnson, Bill Clinton)

45. Prez Salary
• George Washington started as
president with a salary of $25,000 per
term. i.e. $6.250.00 per year/ $520.00
per month.
• Bill Clinton: $25,000 per month/
$300.00.00 per term.
• 2001: George W. Bush & succ. Prds:
$32.000.00 per month/ $ 400.000.00
per month.

46. Article III: Judicial Branch
• Supreme Court judges
serve for life unless
impeached.
• Judicial power rests
with US Supreme Court
and other courts
created by Congress
• Important Powers:
– Decides cases of
Constitutional law and
federal law
– Cases involving
ambassadors go straight
to Supreme Court

50. • The United States has two separate court systems, which are the federal
and the state, because the U.S. Constitution created federalism.
• US constitution specifically grants certain powers to the federal
government.
• Powers not specifically designated to the federal government fall to the
individual state governments. i.e. each state is responsible for making its
own laws and can, therefore, make those laws that are important to that
particular state. However, federalism dictates that state laws cannot
conflict with or violate the U.S. Constitution.
• Because states are responsible for their own laws, state courts are
individually responsible for interpreting and deciding matters of their state
constitutions. Conversely, federal courts interpret the U.S. Constitution and
hear matters of federal law.
• Though the two systems operate almost completely separately, they
operate somewhat similarly.
• Both are organized as a hierarchy, with lower courts, appellate courts and
a court of last resort.

51. • The United States Court of Appeals for the Armed
Forces (CAAF) is a court that exercises worldwide
appellate jurisdiction over members of the United
States Armed Forces on active duty and other
persons subject to the Uniform Code of Military
Justice.
• The court is composed of five civilian judges
appointed for 15-year terms by the President of the
United States with the advice and consent of the
United States Senate.
• The court reviews decisions from the intermediate
appellate courts of the services: the Army Court of
Criminal Appeals, the Navy-Marine Corps Court of
Criminal Appeals, the Coast Guard Court of Criminal
Appeals, and the Air Force Court of Criminal Appeals.

52. • The United States Court of Appeals for Veterans
Claims is a national court of record, established
under Article I of the Constitution of the US.
• The Court has exclusive jurisdiction to provide
judicial review of final decisions by the Board of
Veterans' Appeals, an entity within the
Department of Veterans Affairs.
• The Court provides veterans an impartial judicial
forum for review of administrative decisions by
the Board of Veterans' Appeals that are adverse
to the veteran-appellant's claim of entitlement to
benefits for service-connected disabilities,
survivor benefits and other benefits such as
education payments and waiver of indebtedness.
In furtherance of its mission, the Court also seeks
to help ensure that all veterans have equal
access to the Court and to promote public trust
and confidence in the Court.

53. US TAX COURT
• The mission of the United States Tax Court is to provide a national forum
to expeditiously resolve disputes between taxpayers and the Internal
Revenue Service while carefully considering the merits of each case and
ensuring the uniform interpretation of the Internal Revenue Code.
• The Court is committed to providing taxpayers, most of whom are self-
represented, with a convenient place of trial and, when their disputes
involve relatively small amounts of tax dollars, simplified procedures.
• The United States Tax Court is a court of record established by
Congress under Article I of the U.S. Constitution.

54. United States Court of International Trade
• The United States Court of International Trade,
established under Article III of the Constitution,
has nationwide jurisdiction over civil actions
arising out of the customs and international
trade laws of the United States.
• Providing cost effective, courteous, and timely
service to those affected by the judicial
process;
• Providing independent, consistent, fair, and
impartial interpretation and application of the
customs and international trade laws;
• Fostering improvements in customs and
international trade law and practice and
improvements in the administration of justice.

55. The Federal Court System
 Article III of the U.S. Constitution created the Supreme Court and authorized
Congress to pass laws establishing a system of lower courts.
 Step 1 – DISTRICT COURTS
– 94 US Dist. – Hear 342,000 cases/yr
– Trial by jury (only federal court with jury)
 Step 2 – APPEAL (CIRCUIT) COURTS
– 12 Courts of Appeal – Hear 61,000 cases/yr
– Panel of 3 judges, sometimes more
– No cases start here, review district court decisions
 Step 3 – US Supreme Court
– Argued 84 cases, decided 71
– Hear appeals – writ of certiorari
– Rule of 4 – 4 justices needed to agree to hear a case

56. District Courts
• The nation’s 94 district or trial courts are called U.S. District
Courts.
• District courts resolve disputes by determining the facts
and applying legal principles to decide who is right.
• Trial courts include the district judge who tries the case and
a jury that decides the case.
• Magistrate judges assist district judges in preparing cases
for trial.

57. Courts of Appeals
• There are 13 appellate courts that sit below the U.S. Supreme Court, and
they are called the U.S. Courts of Appeals.
• The 94 federal judicial districts are organized into 12 regional circuits, each of
which has a court of appeals.
• The appellate court’s task is to determine whether or not the law was applied
correctly in the trial court.
• Appeals courts consist of three judges and do not use a jury.
• A court of appeals hears challenges to district court decisions from courts
located within its circuit, as well as appeals from decisions of federal
administrative agencies.
• In addition, the Court of Appeals for the Federal Circuit has nationwide
jurisdiction to hear appeals in specialized cases, such as those involving
patent laws, and cases decided by the U.S. Court of International Trade and
the U.S. Court of Federal Claims.

59. Federal Court System
Chief Justice John Roberts

60. Public Influence on Justices
• Justices are NOT elected, appointed by Prez
• However, not entirely immune to public opinion
1. Appointed by Prez, agree with his ideologies, Prez was
elected, chosen because of bias
2. Justices are aware of public opinion, and are aware that
decisions that flagrantly go against public opinion will
not be implemented

61. Conservatism vs. Liberalism
• Justices are supposed to be “above politics”
• However, they do have personal ideologies
–EX. – CJ Earl Warren (1953-69) and CJ Warren
Burger (1969-1986) were very liberal
–CJ William Rehnquist (1989-2005) and CJ John
Roberts (2005-?) swing conservative

62. Appointment
• President appoints judges for ALL federal court
vacancies
• Senate must confirm all nominations by majority
vote (Advice and consent)
• Senatorial courtesy– tradition started by G.
Washington to seek approval from local senators
over locally appointed judges

63. Constraints on the Power of Federal Courts
1. Adversarial system: decision must be made
between 2 choices, and court can’t bring up an
issue
2. Justiciable dispute: must judge actual situations,
not hypothetical situations
3. Political question: absence of law to rule on a case
and the court calls on the Congress to create law

64. Checks on the SC
• President appoints all judges
• Congress must confirm appointed judges
• Congress may alter the structure of the court system
(# of courts and justices)
• Congress has the power to impeach judges
• Congress may amend the Constitution if the Courts
find a law unconstitutional
– Ex. Income tax originally found unconstitutional so
Congress added 16th amendment

65. The US government is a system of checks and balances
Executive
Branch
Judicial
Branch
Legislative
Branch

66. The system of checks and balances:
• Each branch has powers no other branch
can assume.
• Each branch has powers that limit the
powers of the other branches.

67. What are Checks and Balances?
• The constitution prevents any
of the three branches of the
U.S. government from getting
too powerful by giving them
checks and powers.
• Checks: Restraints or
control over other
branches.
• Powers: Specific powers
one branch has that
another does not.
No branch is
too strong
No branch is
too weak

68. Checks
and
Balances

69. Legislative Branch
Powers
1. Make Laws
2. Can override presidential veto
with a two-thirds majority in
each house of congress.
3. Approves appointments of
federal court judges.
In 2005, Harriet Miers was
nominated to the U.S. Supreme
Court by President Bush.
Congress did not approve.

70. Checks on Legislative Powers
1.President can veto bills.
2.The Supreme Court can rule that
a law is unconstitutional.
U.S. Supreme Court
Building

71. Executive Branch
Powers
1.Can approve or veto laws
2.Carries out the laws
3.Appoints federal court
judges
4.Commander and Chief of
military

72. Checks on Executive Powers
1. Congress can override
presidential veto with a
two-thirds majority in
each house.
2. Congress can impeach
and remove the
president for high crimes
and misdemeanors.
3. Senate approves or
denies the president’s
appointments to federal
courts.
Andrew Johnson and
Bill Clinton have been
the only two
presidents who have
ever been impeached.
However, they were
not removed from
office.

73. Judicial Branch
Powers
1.Interprets the meaning of
law
2.Can rule that laws passed
by Congress or action
taken by the executive
branch as
unconstitutional

74. Checks on Judicial Powers
1. Congress or the states can
propose an amendment to
the Constitution to make a
law constitutional.
2. Senate can refuse to
approve appointments to
the federal courts.
3. Congress can impeach and
remove a federal judge
from office. Supreme Court Justice
Clarence Thomas was almost
refused appointment by the
Senate because of sexual
harassment allegations.

75. Important Amendments:
Bill of Rights
1. Freedom of religion, of
speech, of the press, to
assemble, and to petition
2. Right to bear arms
3. No quartering of soldiers
4. No unreasonable search and
seizure
5. Indictments; Due process;
Self-incrimination; Double
jeopardy, and rules for
Eminent Domain.
6. Right to a fair and speedy
public trial, Notice of
accusations, Confronting
one's accuser, Subpoenas,
Right to counsel
7. Right to trial by jury in civil
cases
8. No excessive bail & fines or
cruel & unusual punishment
9. There are other rights not
written in the Constitution
10. All rights not given to
Federal Government belong
to states and people.

76. Other Important Amendments:
Reconstruction Amendments
• 13th Amendment
– abolished slavery
• 14th Amendment
– Due process and equal protection under the law
– All persons born in US are citizens
• 15th Amendment
– Right to vote regardless of race, color, or previous servitude

77. Other Important Amendments:
• 18th Amendment
– Prohibition of alcohol
• 19th Amendment:
– Women’s suffrage
• 21st Amendment:
– Repeals prohibition
• 22nd Amendment:
– Presidential term limits
• 24th Amendment:
– Prohibits poll taxes for voting
• 26th Amendment:
– lowers voting age to 18