U.S. Government U.S. Government and Legal and Legal

SystemSystem

3 Branches3 Branches

• Executive, legislature and judicial Executive, legislature and judicial • Checks and balancesChecks and balances• States mirror fedsStates mirror feds• Each state has a constitution-state Each state has a constitution-state

constitutions contain provisions for constitutions contain provisions for local governmentslocal governments

Political PartiesPolitical Parties

• Democrats, Republicans, 3rd partiesDemocrats, Republicans, 3rd parties• Not a coalition government –run Not a coalition government –run

more by ideologiesmore by ideologies• 50% in middle50% in middle

Voting ProcessVoting Process

• Register to vote in a state. Register to vote in a state. • Then say party affiliation. Then say party affiliation. • Cannot vote in other primary Cannot vote in other primary • Can vote straight ticket or Can vote straight ticket or

individually.individually.

Absentee BallotAbsentee Ballot

PrimaryPrimary

• Convention actually vote for delegate. Convention actually vote for delegate. • East state has number of delegates based on East state has number of delegates based on

Electoral College and how many voted partyElectoral College and how many voted party• Complex system. (Pledged a few are unpledged Complex system. (Pledged a few are unpledged

there are super delegates 20%-check on there are super delegates 20%-check on extreme).extreme).

• Sometimes state primary is election-DC, Sometimes state primary is election-DC, DelawareDelaware

• Super Tuesday many number of delegatesSuper Tuesday many number of delegates• Used to lobby for delegates now more for TV Used to lobby for delegates now more for TV

(introduce on national stage)(introduce on national stage)

Democratic National Democratic National Convention presidential vote, Convention presidential vote,

20082008• CandidateVotesPercentageCandidateVotesPercentage• Barack ObamaBarack Obama 3,188.5 72.15% 3,188.5 72.15%• Hillary Hillary RodhadRodhad Clinton Clinton 1,010.5 22.87% 1,010.5 22.87%• Abstentions 1 00.00%Abstentions 1 00.00%• Delegates did not vote 219.0 4.96%Delegates did not vote 219.0 4.96%• Totals 4,419.0 100.00%Totals 4,419.0 100.00%

Democratic Primary Democratic Primary

Green-ClintonPurple-Obama

Electoral College SystemElectoral College System

• Representatives VoteRepresentatives Vote• Number of electors based on house Number of electors based on house

and senate-pres in last electionand senate-pres in last election• Winner Take all/Swing StatesWinner Take all/Swing States

Electoral CollegeElectoral College

• Opponents say undem pro say Opponents say undem pro say protect smaller states-favors rural protect smaller states-favors rural RepublicansRepublicans

• Cultural divide?Cultural divide?• State laws about voting can make a State laws about voting can make a

difference-criminals etcdifference-criminals etc• Florida, NC, Ohio, IndianaFlorida, NC, Ohio, Indiana

Electoral College 2000Electoral College 2000

Electoral College 2004Electoral College 2004

Electoral College Results Electoral College Results 20082008

Powers of ExecutivePowers of Executive• Head of State and GovernmentHead of State and Government• Commander in Chief Commander in Chief • Veto legislationVeto legislation• Appointments 2000Appointments 2000• Pardons-end of term (Ford, Nixon, southern, draft Pardons-end of term (Ford, Nixon, southern, draft

dodgers, Viet Nam, Iran Contra)dodgers, Viet Nam, Iran Contra)• Regulatory Power (add to laws) Regulatory Power (add to laws) • Can be Impeached by Congress-Need Senate Can be Impeached by Congress-Need Senate

Conviction-Conviction-“treason, bribery, or other high crimes and “treason, bribery, or other high crimes and misdemeanors”misdemeanors”

• Executive OrdersExecutive Orders• Cannot dissolve CongressCannot dissolve Congress

Cabinet Level AgenciesCabinet Level Agencies• · · 1.2 Department of Agriculture1.2 Department of Agriculture • · · 1.3 Department of Commerce1.3 Department of Commerce • · · 1.4 Department of Defense1.4 Department of Defense • · · 1.5 Department of Education1.5 Department of Education • · · 1.6 Department of Energy1.6 Department of Energy • · · 1.7 Department of Health and Human Services1.7 Department of Health and Human Services • · · 1.8 Department of Homeland Security1.8 Department of Homeland Security • · · 1.9 Department of Housing and Urban Development1.9 Department of Housing and Urban Development • · · 1.10 Department of the Interior1.10 Department of the Interior • · · 1.11 Department of Justice1.11 Department of Justice • · · 1.12 Department of Labor1.12 Department of Labor • · · 1.13 Department of State1.13 Department of State • · · 1.14 Department of Transportation1.14 Department of Transportation • · · 1.15 Department of the Treasury1.15 Department of the Treasury • · · 1.16 Department of Veterans Affairs1.16 Department of Veterans Affairs

Federal WorkplaceFederal Workplace

• 2000 Political Appointees 2000 Political Appointees • Civil service-used to be exam now apply Civil service-used to be exam now apply

for posting directly GS Schedulefor posting directly GS Schedule• Foreign Service-still examForeign Service-still exam• Cannot have ownership interest in Cannot have ownership interest in

anything you regulateanything you regulate• Public private partnerships are common Public private partnerships are common

but have problems-philosophy of but have problems-philosophy of administrationadministration

LegislatureLegislature• Senate 6 years and Representative 2 years.-Senate 6 years and Representative 2 years.-

usually do not vote for both Senators at the usually do not vote for both Senators at the same time-Power by Committeessame time-Power by Committees

• Senate 2 per state and Rep depends on Senate 2 per state and Rep depends on census-controversial what constitutes a census-controversial what constitutes a district district

• DC has electoral college votes but does not DC has electoral college votes but does not have representation in the congress-political have representation in the congress-political issue (2 party system) 3rd party candidates-issue (2 party system) 3rd party candidates-not coalitionsnot coalitions

• For states there can be term limits on For states there can be term limits on governor or legislators VA 1 term exgovernor or legislators VA 1 term ex

• Committee SystemCommittee System

CommitteesCommittees• Standing SenateStanding Senate

Agriculture, Nutrition, and Forestry Agriculture, Nutrition, and Forestry Appropriations Appropriations Armed Services Armed Services Banking, Housing, and Urban Affairs Banking, Housing, and Urban Affairs Budget Budget Commerce, Science, and Transportation Commerce, Science, and Transportation Energy and Natural Resources Energy and Natural Resources Environment and Public Works Environment and Public Works Finance Finance Foreign Relations Foreign Relations Health, Education, Labor, and Pensions Health, Education, Labor, and Pensions Homeland Security and Governmental Affairs Homeland Security and Governmental Affairs Judiciary Judiciary Rules and Administration Rules and Administration Small Business and Entrepreneurship Small Business and Entrepreneurship Veterans' Affairs Veterans' Affairs

StatesStates

• Mirror of FedsMirror of Feds• Federalist system- colonists wanted to ensure Federalist system- colonists wanted to ensure

that Central govt did not become to powerful that Central govt did not become to powerful • All powers not explicitly give to feds are give All powers not explicitly give to feds are give

to statesto states• States have different tax levels and laws States have different tax levels and laws

which is why people choose to live in which is why people choose to live in different placesdifferent places

• VA, DC, MD –landlord tenant guns death VA, DC, MD –landlord tenant guns death penalty taxes some places have commuter penalty taxes some places have commuter taxestaxes

CountyCounty

• 3,100 counties, most of them suburban or 3,100 counties, most of them suburban or rural. rural.

• no part of a state that is not also part of a no part of a state that is not also part of a county (usually pop under 50,000county (usually pop under 50,000

• Council of Board can be elected at large or Council of Board can be elected at large or by district (School Districts assoc. w/county)by district (School Districts assoc. w/county)

• County, sheriff, health department, courts, County, sheriff, health department, courts, records, water, libraries, parks, home health records, water, libraries, parks, home health care New York, more than one county care New York, more than one county French Louisiana, which has parishes French Louisiana, which has parishes instead of counties. instead of counties.

CitiesCities

• Some cities which are incorporated Some cities which are incorporated have charters like small have charters like small constitutions that are approved by constitutions that are approved by the state- some do own laws – like the state- some do own laws – like human rights ordinance, no smoking human rights ordinance, no smoking bans bans

• Some cities have a city tax-cities get Some cities have a city tax-cities get grants from fed govt for many grants from fed govt for many servicesservices

Mayors and CouncilsMayors and Councils

• Executive function mayorExecutive function mayor• Different ways of electing mayor and Different ways of electing mayor and

councils at large v districtcouncils at large v district• Some small towns have part time Some small towns have part time

mayors and city councilsmayors and city councils• County council or board of County council or board of

governors can be elected at large or governors can be elected at large or by districtby district

City ManagersCity Managers

• City managers are not elected so not held City managers are not elected so not held accountable by public but buffer to the accountable by public but buffer to the civil servicecivil service

• Carry out the counsels goals oversee Carry out the counsels goals oversee budgets make sure resources are being budgets make sure resources are being used as planned, coordinate departments, used as planned, coordinate departments, make sure plans are executed deal with make sure plans are executed deal with personnel issuespersonnel issues

• May work for different communities during May work for different communities during their career-always have BA usually MPA.their career-always have BA usually MPA.

Townships Townships

• Unincorporated areas county or Unincorporated areas county or township des these servicestownship des these services

• Planning, zoning and land-use Planning, zoning and land-use regulation, street maintenance, and regulation, street maintenance, and in some cases sewage disposal, in some cases sewage disposal, water, parks and recreational water, parks and recreational facilities and other municipal facilities and other municipal services.services.

Court SystemCourt System

• DefinitionsDefinitions– LawyerLawyer– ProsecutorProsecutor– MagistrateMagistrate– ClerkClerk

LevelsLevels

• Supreme CourtSupreme Court• Court of AppealsCourt of Appeals• Trial Court (county)Trial Court (county)• (usually both in state and federal) (usually both in state and federal)

Checks and BalancesChecks and Balances

• Executive plays in part in internal Executive plays in part in internal operations of courts but pres operations of courts but pres appoints judges and senate confirms appoints judges and senate confirms (Roberts, Warren)(Roberts, Warren)

• Legislature determines court funding Legislature determines court funding but judges salaries may not be but judges salaries may not be reducedreduced

• Judicial Review checks on Judicial Review checks on Constitutionality of lawsConstitutionality of laws

JurisdictionJurisdiction

• Federal Court Jurisdiction-U.S. Federal Court Jurisdiction-U.S. constitution, federal law or treaty, cases constitution, federal law or treaty, cases involving the federal government or one of involving the federal government or one of its officials, cases where parties are its officials, cases where parties are citizens are from different states, defense, citizens are from different states, defense, currency, patents, interstate commercecurrency, patents, interstate commerce

• State Court -family, private property, State Court -family, private property, commercial contracts, corporations, safetycommercial contracts, corporations, safety

• 90% of cases go to state courts90% of cases go to state courts• Some federal statutes penalties are harder Some federal statutes penalties are harder

so try in federal courts (drugs, guns)so try in federal courts (drugs, guns)

Adversary SystemAdversary System

• Judges do not investigate and the Judges do not investigate and the parties request discoveryparties request discovery

• Parties are responsible for Parties are responsible for investigation and exchanging docsinvestigation and exchanging docs

• Judges do not develop facts but Judges do not develop facts but regulate proceduresregulate procedures

• Judges do not usually ask witnesses Judges do not usually ask witnesses questions unless to clarify matters. questions unless to clarify matters.

Jury SystemJury System

• Right for criminal under 14Right for criminal under 14thth and 6th-more and 6th-more than 6 months in jailthan 6 months in jail

• Civil cases in fed 7th-more than $20Civil cases in fed 7th-more than $20• Grand jury-indictment (secret) more Grand jury-indictment (secret) more

members longer (Fed govt, ½ states) members longer (Fed govt, ½ states) • Petit jury to avoid biased judge or corrupt Petit jury to avoid biased judge or corrupt

prosecutorprosecutor• 12 people who cannot find a way to get out 12 people who cannot find a way to get out

of jury duty –large enough for cross section of jury duty –large enough for cross section of community and deliberationof community and deliberation

Jury Pool and Voir DireJury Pool and Voir Dire

• Preemptory challenge # vs Preemptory challenge # vs challenges for causechallenges for cause

• Many times no concrete standard Many times no concrete standard psychology of jury- illness victim of psychology of jury- illness victim of crimecrime

• Rodney King- OJ SimpsonRodney King- OJ Simpson• Unanimous verdictUnanimous verdict

DifferencesDifferences

• No ex parte communicationsNo ex parte communications• No double jeopardyNo double jeopardy• Often there is also a county public Often there is also a county public

defender’s officedefender’s office• Case Law-name of Case-Loving v Case Law-name of Case-Loving v

VirginiaVirginia• How precedent is used/logic-Society How precedent is used/logic-Society

Plessey v Ferguson Brown V Board of Plessey v Ferguson Brown V Board of EducationEducation

AppealsAppeals

• On appeal usually do not overrule On appeal usually do not overrule jury verdict but only if there was a jury verdict but only if there was a procedural error or evidence was procedural error or evidence was not presented for each of the not presented for each of the elements of the cases. Did evidence elements of the cases. Did evidence get in that should not have? Was get in that should not have? Was there effectiveness of council? Were there effectiveness of council? Were there bad jury instructions? there bad jury instructions?

Standards of proofStandards of proof

• Civil trial-preponderance of the evidence- one side Civil trial-preponderance of the evidence- one side has more evidence in its favor than the otherhas more evidence in its favor than the other

• proof by clear and convincing evidence- evidence proof by clear and convincing evidence- evidence that establishes the truth of a disputed fact by a that establishes the truth of a disputed fact by a high probabilityhigh probability

• Criminal-reasonable doubt fed say proof of such a Criminal-reasonable doubt fed say proof of such a convincing character that a reasonable person convincing character that a reasonable person would not hesitate to act upon it in the most would not hesitate to act upon it in the most important of his own affairsimportant of his own affairs

• state says based on all the evidence in the case, state says based on all the evidence in the case, they would be uncomfortable with a criminal they would be uncomfortable with a criminal convictionconviction