Government and Politics.

The Constitution The Articles of Confederation failed as a governing document for the United States because the states did not cooperate as expected. When it came time to pay wages to the national army or the war debt to France, some states refused to contribute. To cure this weakness, the congress asked each state to send a delegate to a convention. The so-called Constitutional Convention met in Philadelphia in May of 1787, with George Washington presiding. The delegates struck a balance between those who wanted a strong central government and those who did not. The resulting master plan, or Constitution, set up a system in which some powers were given to the national, or federal, government, while others were reserved for the states. The Constitution divided the national government into three parts, or branches: the legislative (the Congress, which consists of a House of Representatives and a Senate), the executive (headed by the president), and the judicial (the federal courts). Called "separation of powers," this division gives each branch certain duties and substantial independence from the others. It also gives each branch some authority over the others through a system of "checks and balances." The idea of checks and balances is a seen as a way of restricting governmental power and preventing its abuse.

Bill Of Rights The Constitution written in Philadelphia in 1787 could not go into effect until it was ratified by a majority of citizens in at least 9 of the then 13 U.S. states. During this ratification process, misgivings arose. Many citizens felt uneasy because the document failed to explicitly guarantee the rights of individuals. The desired language was added in 10 amendments to the Constitution, collectively known as the Bill of Rights. The Bill of Rights guarantees Americans freedom of speech, of religion, and of the press. They have the right to assemble in public places, to protest government actions, and to demand change. There is a right to own firearms. Because of the Bill of Rights, neither police officers nor soldiers can stop and search a person without good reason. Nor can they search a person's home without permission from a court to do so. The Bill of Rights guarantees a speedy trial to anyone accused of a crime. The trial must be by jury if requested, and the accused person must be allowed representation by a lawyer and to call witnesses to speak for him or her. Cruel and unusual punishment is forbidden. With the addition of the Bill of Rights, the Constitution was ratified by all 13 states and went into effect in 1789. Since then 17 other amendments have been added to the Constitution. Perhaps the most important of these are the Thirteenth and Fourteenth, which outlaw slavery and guarantee all citizens equal protection of the laws, and the Nineteenth, which gives women the right to vote. The Constitution can be amended in either of two ways. Congress can propose an amendment, provided that two-thirds of the members of both the House and the Senate vote in favor of it. Or the legislatures of two-thirds of the states can call a convention to propose amendments. (This second method has never been used.)

Legislative Branch The legislative branch -- the Congress -- is made up of elected representatives from each of the 50 states. It is the only branch of U.S. government that can make federal laws, levy federal taxes, declare war, and put foreign treaties into effect. The Congress consists of the House of Representatives and Senate. Members of the House of Representatives are elected to two-year terms. Each member represents a district in his or her home state. The number of districts is determined by a census, which is conducted every 10 years. The most populous states are allowed more representatives than the smaller ones, some of which have only one. In all, there are 435 representatives in the House. Senators are elected to six-year terms. Each state has two senators, regardless of population. Senators' terms are staggered, so that one-third of the Senate stands for election every two years. There are 100 senators.

Citizens' Groups And Lobbies. The First Amendment to the Constitution, by asserting the rights of free speech, free assembly and peaceful petition for the redress of grievances, provides the legal basis for so-called "special interests" or "lobbies." Any group has the right to demand that its views be heard -- by the public, by the legislature, by the executive branch and (through selective lawsuits) by the courts. Most attention in recent years has been focused on efforts by a proliferating number of public and private interest groups to influence the course of legislation. One type of interest group that has grown in number and influence in recent years is the political action committee, or PAC. Political action committees are private, independent groups, organized around a single issue or set of issues, that contribute money to political campaigns for Congress or the presidency. PACs are limited in the amounts they can contribute directly to candidates in federal elections. There are no restrictions, however, on the amounts PACs can spend independently to advocate a point of view or to urge the election of candidates to office. PACs today number in the thousands. Private interest groups usually have an economic stake in the policies they advocate. Business organizations will favor low corporate taxes and restrictions of the right to strike, whereas labor unions will support minimum wage legislation and protection for collective bargaining. Other private interest groups -- such as churches and ethnic groups -- are more concerned about broader issues of policy that can affect their organizations or their beliefs.

Executive Branch The chief executive of the United States is the president, who together with the vice president is elected to a four-year term. As a result of a constitutional amendment that went into effect in 1951, a president may be elected to only two terms. Other than succeeding a president who dies or is disabled, the vice president's only official duty is presiding over the Senate. The vice president may vote in the Senate only to break a tie. The president's powers are formidable but not unlimited. As the chief formulator of national policy, the president proposes legislation to Congress. As mentioned previously, the president may veto any bill passed by Congress. The president is commander-in-chief of the armed forces. The president has the authority to appoint federal judges as vacancies occur, including justices of the Supreme Court. As head of his political party, with ready access to the news media, the president can easily influence public opinion. Within the executive branch, the president has broad powers to issue regulations and directives carrying out the work of the federal government's departments and agencies. The president appoints the heads and senior officials of those departments and agencies. Heads of the major departments, called "secretaries," are part of the president's cabinet. The majority of federal workers, however, are selected on the basis of merit, not politics. THE PRESIDENCY: Term of Office: Elected by the people, through the electoral college, to a four- year term; limited to two terms. Candidates for the presidency are chosen by political parties several months before the presidential election, which is held every four years (in years divisible evenly by four) on the first Tuesday after the first Monday in November. The method of electing the president is peculiar to the American system. Although the names of the candidates appear on the ballots, technically the people of each state do not vote directly for the president (and vice president). Instead, they select a slate of presidential electors, equal to the number of senators and representatives each state has in Congress. The candidate with the highest number of votes in each state wins all the electoral votes of that state. The electors of all 50 states and the District of Columbia -- a total of 538 persons -- compose what is known as the Electoral College. Under the terms of the Constitution, the College never meets as a body. Instead, the electors gather in the state capitals shortly after the election and cast their votes for the candidate with the largest number of popular votes in their respective states. To be successful, a candidate for the presidency must receive 270 votes.

The Cabinet. The Constitution makes no provision for a presidential Cabinet. The Cabinet developed outside the Constitution as a matter of practical necessity. All departments are headed by a secretary, except the Justice Department, which is headed by the attorney general. The Department Of Agriculture; Of Commerce; Of Defense (Although the secretary of defense is a member of the Cabinet, the secretaries of the Army, Navy and Air Force are not); Education; Energy; Health And Human Services; Housing And Urban Development; The Interior; Justice; Labor; State; Transportation; The Treasury; Veterans Affairs.

The Independent Agencies The executive departments are the major operating units of the federal government, but there are many other agencies which have important responsibilities for keeping the government and the economy working smoothly. These are often called independent agencies, since they are not part of the executive departments. The nature and purpose of these agencies vary widely. Some are regulatory groups, with powers to supervise certain sectors of the economy. Others provide special services, either to the government or to the people. Among the most important independent agencies are the following: Action is the principal federal agency for administering domestic volunteer service programs to meet basic human needs, and to support the self-help efforts of poor individuals and communities (Foster Grandparents; volunteers to work in poor communities). The Central Intelligence Agency (CIA) coordinates intelligence activities of certain government departments and agencies; collects, correlates and evaluates intelligence information relating to national security; and makes recommendations to the National Security Council. The Environmental Protection Agency (EPA), founded in 1970, works with state and local governments throughout the United States to control and abate pollution in the air and water, and to deal with the problems of solid waste, pesticides, radiation and toxic substances. The Federal Communications Commission licenses the operation of radio and television stations and regulates interstate telephone and telegraph services. The Federal Reserve System supervises the private banking system of the United States. It regulates the volume of credit and money in circulation. The Federal Reserve performs many of the functions of central banks in other countries, such as issuing paper currency; unlike central banks, however, it does not act as the depository of the country's gold reserve. The Federal Trade Commission guards against trade abuses and unfair business practices by conducting investigations and holding hearings on complaints. The National Aeronautics And Space Administration (NASA), established in 1958 to run the U.S. space program, placed the first American satellites and astronauts in orbit, and launched the Apollo spacecraft that landed men on the moon in 1969. Today, NASA conducts research aboard Earth-orbiting satellites and interplanetary probes, explores new concepts in advanced aerospace technology, and operates the U.S. fleet of manned space shuttles. The National Foundation On The Arts And The Humanities encourages the development of American arts, literature and scholarship, through grants to individuals, groups, institutions and state agencies. The National Science Foundation was created to strengthen basic research and education in the sciences in the United States. It grants funds for research and education programs to universities and other institutions, and coordinates the science information activities of the federal government. The Office Of National Drug Control Policy, created in 1988 to raise the profile of the U.S. government's fight against illegal drugs, coordinates efforts of such agencies as the U.S. Drug Enforcement Administration, the Customs Service and the Coast Guard. The Peace Corps, founded in 1961, trains volunteers to serve in foreign countries for two years. Peace Corps volunteers, now working in more than 60 nations, assist in agricultural-rural development, small business, health, natural resources conservation and education. The Small Business Administration lends money to small businesses, aids victims of floods and other natural disasters, and helps secure contracts for small businesses to supply goods and services to the federal government. The United States Agency For International Development (USAID) carries out economic assistance programs designed to help the people in developing countries develop their human and economic resources, increase their productive capacities, and improve the quality of human life. The United States Information Agency (USIA) seeks to promote a better understanding of the United States in other countries through the dissemination abroad of information about the nation, its people, culture and policies. USIA also administers a number of two-way educational and cultural exchange programs, such as the Fulbright Program, with foreign nations. The United States Postal Service is operated by an autonomous public corporation that replaced the Post Office Department in 1971.

Judicial Branch The judicial branch is headed by the U.S. Supreme Court, which is the only court specifically created by the Constitution. In addition, Congress has established 13 federal courts of appeals and, below them, about 95 federal district courts. The Supreme Court meets in Washington, D.C., and the other federal courts are located in cities throughout the United States. Federal judges are appointed for life or until they retire voluntarily; they can be removed from office only via a laborious process of impeachment and trial in the Congress. The federal courts hear cases arising out of the Constitution and federal laws and treaties, maritime cases, cases involving foreign citizens or governments, and cases in which the federal government is itself a party. The Supreme Court consists of a chief justice and eight associate justices. With minor exceptions, cases come to the Supreme Court on appeal from lower federal or state courts. Most of these cases involve disputes over the interpretation and constitutionality of actions taken by the executive branch and of laws passed by Congress or the states (like federal laws, state laws must be consistent with the U.S. Constitution).

Political Parties And Elections Americans regularly exercise their democratic rights by voting in elections and by participating in political parties and election campaigns. Today, there are two major political parties in the United States, the Democratic and the Republican. The Democratic Party evolved from the party of Thomas Jefferson, formed before 1800. The Republican Party was established in the 1850s by Abraham Lincoln and others who opposed the expansion of slavery into new states then being admitted to the Union. The Democratic Party is considered to be the more liberal party, and the Republican, the more conservative. Democrats generally believe that government has an obligation to provide social and economic programs for those who need them. Republicans are not necessarily opposed to such programs but believe they are too costly to taxpayers. Republicans put more emphasis on encouraging private enterprise in the belief that a strong private sector makes citizens less dependent on government. Both major parties have supporters among a wide variety of Americans and embrace a wide range of political views. Members, and even elected officials, of one party do not necessarily agree with each other on every issue. Americans do not have to join a political party to vote or to be a candidate for public office, but running for office without the money and campaign workers a party can provide is difficult. Minor political parties -- generally referred to as "third parties" -- occasionally form in the United States, but their candidates are rarely elected to office. Minor parties often serve, however, to call attention to an issue that is of concern to voters, but has been neglected in the political dialogue. When this happens, one or both of the major parties may address the matter, and the third party disappears.

Federalism At Work The federal entity created by the Constitution is by far the dominant feature of the American governmental system. But the system itself is in reality a mosaic, composed of thousands of smaller units -- building blocks which together make up the whole. There are 50 state governments plus the government of the District of Columbia, and further down the ladder are still smaller units that govern counties, cities, towns and villages. This multiplicity of governmental units is best understood in terms of the evolution of the United States. The federal system, it has been seen, was the last step in an evolutionary process. Prior to the Constitution, there were the governments of the separate colonies (later states) and prior to those, the governments of counties and smaller units. There are, of course, many areas of overlap between state and federal jurisdictions. Particularly in recent years, the federal government has assumed ever broadening responsibility in such matters as health, education, welfare, transportation, and housing and urban development. But where the federal government exercises such responsibility in the states, programs are usually adopted on the basis of cooperation between the two levels of government, rather than as an imposition from above. Like the national government, state governments have three branches: legislative, executive and judicial; and these are roughly equivalent in function and scope to their national counterparts. The chief executive of a state is the governor, elected by popular vote, typically for a four-year term. The constitutions of the various states differ in some details but generally follow a pattern similar to that of the federal Constitution, including a statement of the rights of the people and a plan for organizing the government. City Government Once predominantly rural, the United States is today a highly urbanized country, and more than three-quarters of its citizens now live in towns, large cities or the suburbs. This statistic makes city governments critically important in the overall pattern of American government. Types of city governments vary widely across the nation. However, almost all have some kind of central council, elected by the voters, and an executive officer, assisted by various department heads, to manage the city's affairs. There are three general types of city government: the mayor-council (with an elected mayor as chief of the executive branch, and an elected council representing the various neighborhoods forming the legislative branch. The mayor appoints heads of city departments and other officials, sometimes with the approval of the council), the commission (this combines both the legislative and executive functions in one group of officials, usually three or more in number, elected city-wide. Each commissioner supervises the work of one or more city departments. One is named chairman of the body and is often called the mayor, although his power is equivalent to that of his fellow commissioners) and the city manager (a small, elected council makes the city ordinances and sets policy, but hires a paid administrator, also called a city manager, to carry out its decisions. Usually, there is no set term; the manager serves as long as the council is satisfied with his or her work). These are the pure forms; many cities have developed a combination of two or three of them. County Government The county is a subdivision of the state, usually -- but not always -- containing two or more townships and several villages. New York City is so large that it is divided into five separate boroughs, each a county in its own right. In most counties, one town or city is designated as the county seat where the government offices are located.

Date: 2015-01-29; view: 799