The U.S. System of Government
American Legal System Elective
CELOP/Boston University
Fall 2011Joseph Pettigrew
The U.S. System of Government
The ConstitutionThree Branches of Government
Checks and BalancesPolitical Parties
How a President is ElectedA Few Current Issues in American
Politics
The U.S. Constitution
• Establishes basic system of government
• Adopted in1787• Oldest constitution still in use• Can be amended • Has been 27 times
• 1st 10 amendments – “Bill of Rights”
The U.S. Constitution
Bill of Rights (1791)• 1st – Freedom of speech,
religion, the press, assembly• 2nd – Right to bear arms (guns)• 6th – Trial by juryOthers• 13th – Abolished slavery (1865)• 19th – Right to vote for women
(1920)
The U.S. ConstitutionThe Federal
Government
Executive (President)
Legislative (Congress)
Judicial (Supreme Court)
Executive Branch
President – Barack Obama
• Elected for 4-year term• May be reelected once• At least 35 years old• Born in the U.S.• Elected by majority vote of
Electoral College (not popular vote)
Executive Branch
Vice-President – Joseph Biden
• Elected with president– Vote for president is vote for VP
• Not from same state as president
• Presides over US Senate, breaks a tie vote
• 9 VPs have become president on death or resignation of president
Executive Branch
Succession on death, resignation, or impeachment of president• Vice President• Speaker of the House of Representatives• President Pro Tempore of Senate• Secretary of State• Other cabinet members
Executive Branch
Cabinet – Departments (Ministries), e.g.,
• Department of State = Foreign Affairs• Department of Defense • Department of Treasury• Department of Transportation• Department of Justice
Executive Branch
Head of Cabinet Department – Secretary• Secretary of State (Hilary Clinton)• Secretary of Defense (Leon Panetta)
Exception – Justice Department• Attorney General (Eric Holder)
Legislative Branch
Congress • Senate
– Senator– Headed by Vice President (mostly ceremonial except in close votes)– Usually President Pro Tempore (a senator)
Legislative Branch
Congress • House of Representatives
– Representative, Congressman, Congresswoman– Headed by Speaker (John Boehner) Leader of majority party (Republican)
Legislative Branch
Senators • Two from each state • Elected by entire population of the state• 6-year term• May be reelected• 1/3 elected every two years
Legislative Branch
Senators • “Upper Chamber” or “Upper
House”• Equal in power to “Lower
Chamber”• Confirm/reject president’s
choice for Supreme Court• Ratify treaties
Legislative Branch
Representatives • Number according to population of state
• Census every 10 years
• Elected by district
• 2-year term
• May be reelected
• All up for reelection every 2 years
Legislative Branch
Representatives – total 435• Vermont, Wyoming, Alaska – 1 • Massachusetts – 10 ( 9)• New York – 29 • Texas – 32• California – 53
Legislative Branch
House & Senate
• Compromise by “founders”
• Protects small states from being overwhelmed by large states
Legislative Branch
Duties of the Congress• Creates laws• Confirms president’s choices for
cabinet• Investigates possible
wrongdoing by Executive branch
• Can impeach president for “high crimes and misdemeanors”
Bill to Law
• Identical versions of a bill must pass both House & Senate
• If differences – joint conference committee agrees on single version
• Goes back to House & Senate for final passage
Bill to Law
Goes to President, who can• Sign bill for it to become law • Veto (reject)
– Goes back to Congress– 2/3 vote in both houses will “override” veto– Bill becomes law without signature
• Not sign, allow bill to become law after 10 days
Judicial Branch
Supreme Court• Nine members, called Justices• Nominated by president• Confirmed by Senate (majority
vote)• Life term• Only removed by impeachment
Judicial Branch
Duties of Supreme Court• Final court of appeal• Can decide to hear or not hear
any case• Can determine
“constitutionality” of any law – Law found to be unconstitutional is voided
Judicial Branch
Famous Supreme Court Cases
• Brown v. Board of Education (1954)– Integrated public schools
• Miranda Ruling (1966)– Suspects arrested by police must be told their rights (e.g., “the right to remain silent”)
Judicial Branch
Famous Supreme Court Cases
• Roe v. Wade (1973)– Legalized abortion
• Bush v. Gore (2000)– Ended vote counting in Florida after 2000 election– Gave presidency to G. Bush
Judicial Branch
Recent appointments (Obama)• Sonia Sotomayor• Was judge on US Court of
Appeals for Second Circuit• 1st Hispanic• 3rd woman on court
Judicial Branch
Recent appointments (Obama)
• Elena Kagan• Was dean of Harvard
Law School• Solicitor General• 4th woman on court
Checks & Balances
• Check = limit• Each branch has some control
over the other two• To prevent one from becoming
too powerful
Checks & Balances
• Congress controls legislation• President can veto a bill• Congress can override it by 2/3
vote
Checks & Balances
• President chooses Supreme Court Justices
• Must be approved by Senate• Justices have lifetime
appointments
Checks & Balances
• Supreme Court can decide a law passed by Legislative Branch or an action by the Executive Branch is “unconstitutional”
• Invalidates the law
Political Parties
• Not specifically mentioned in Constitution
• Republicans• Democrats• Greens, Socialists, Communists,
…
Republican Party (GOP)Republican Party (GOP)
George Bush Sr/Jr,John McCain,Ronald Reagan• Limited
government• Low taxes• Pro-business• Strong military• Traditional on
social issues
Traditional support
• Business community
• Conservative protestants
• Voters in suburbs & rural areas
Democratic PartyDemocratic Party
Barack Obama, Bill & Hilary Clinton,Al Gore, Ted
Kennedy• Government is a
force for good• Economic fairness• Social justice for
minorities• Progressive on
social issues
Traditional support
• Labor unions• Minorities• Liberal
Christians• Jews• Voters in cities
Presidential Election
• Every 4 years (next 2012)• The 1st Tuesday after the 1st Monday in
November• System of primaries within the two
major parties• Winner of primaries is party’s
candidate • The winner is determined by the
Electoral College – not the popular vote
Presidential Election
Primaries• Republicans vs.
Republicans• Democrats vs.
Democrats• Winners face
each other in general election
Electoral College
• Each state has a number of electoral votes
• Equal to number of representatives it sends to US Congress – (# of House seats + 2 Senate seats)– Minimum: 3
Electoral Votes in 2008
2 senators + # of representatives:
• Vermont = 3
• Massachusetts = 12
• Florida = 27
• Texas = 34
• California = 55
Electoral College
• “Winner Take All” system
• The candidate who wins the most votes in a state wins all of that state’s electoral votes
• Total votes = 538 (3 votes for DC)
• Number needed to win = 270
Red & Blue States
• Comes from maps used on television on election night
• Red = state won by Republican (Bush 2000 & 2004, McCain 2008)
• Blue = state won by Democrat (Gore 2000, Kerry 2004, Obama 2008)
Red & Blue States
Usually Red (Republican):
• The South (Texas, Georgia, Mississippi, etc.)
• The West, except for the west coast (Arizona, Nevada, Utah, Idaho)
Red & Blue States
Usually Blue (Democratic):
• The Northeast (Massachusetts, Vermont, New York, Rhode Island)
• The Upper Midwest (Wisconsin, Michigan, Illinois)
• The West Coast (California, Oregon, Washington State)
Swing States
Can go Republican one election and Democratic the next, e.g.:
• Pennsylvania• Ohio • Florida • Missouri
Result: time, money, & advertising concentrated in swing states
Results of 2000 ElectionBush: 50,456,002
47.87%271 electoral votes
Gore:50,999,89748.38%266 electoral votes
Nader: 2,882,955 2.74%0 electoral votes
Results of 2004 Election
Bush: 62,028,285 total votes50.7% 286 electoral votes
Kerry: 59,028,109 total votes48.3%251 electoral votes
Barack ObamaBarack Obama• Born 1961 in Hawaii
• Mother from Kansas
• Father born in Kenya
• Parents met at Univ. of Hawaii
• Divorced; father eventually returned to Kenya; died 1982
• Mother died 1995
Barack ObamaBarack Obama• Spent time in Indonesia as a child• Raised mostly by grandparents• Community organizer in Chicago
• Graduated Harvard Law School
• Senator from Illinois 2004 - 2008
John McCainJohn McCain
• Born 1936 in US Canal Zone (now Panama)
• Father US navy officer• Graduated from US
Naval Academy• US Navy pilot during
Vietnam War• Shot down, taken
prisoner
JohnJohn McCainMcCain
• Spent 5½ years in prisoner of war camp
• US senator from Arizona since 1986
• Ran against Bush in 2000 for nomination
• Considered a “maverick” by some Republicans
2008 ElectionMcCain: 58,3434,671 total votes
46% 173 electoral votes
Obama: 66,882,230 total votes53%365 electoral votes
2010 Congressional Election
• Republicans gained control of House; Democrats barely held on to Senate
193 Democrats 242 Republicans (+ 63)
51 Democrats + 2 Independents
47 Republicans (+ 6)
Political & Social Trends• By 2050 “majority minority”
population• Younger voters more liberal on
social issues
Current “Hot” Issues• Same-sex
marriage– Several states
have allowed it; several others have banned it
– Republican “base” strongly against
– Less divisive for younger voters
Current “Hot” Issues
• Health care– 2010 Democratic-
controlled Congress passed new health care law
– Requires all to purchase health insurance
– Republicans opposed to “socialized medicine”
Current “Hot” Issues
• The Economy– How to deal
with recession
– How much to regulate business
– Growing deficit
– Raising the debt limit
Current “Hot” Issues
• Immigration– Over 33 million
legal & illegal immigrants in US
– How many more to allow in
– How to deal with illegal immigrants