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The U.S. System of Government. American Legal System Elective CELOP/Boston University Fall 2011 Joseph Pettigrew. The U.S. System of Government. The Constitution Three Branches of Government Checks and Balances Political Parties How a President is Elected
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The U.S. System of Government American Legal System Elective CELOP/Boston University Fall 2011 Joseph Pettigrew
The U.S. System of Government The Constitution Three Branches of Government Checks and Balances Political Parties How a President is Elected A 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 jury Others 13th – Abolished slavery (1865) 19th – Right to vote for women (1920)
The U.S. Constitution The 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, …
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 Republican Party (GOP)
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 Democratic Party
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 – notthe popular vote
Presidential Election Primaries • Republicans vs. Republicans • Democrats vs. Democrats • Winners face each other in general election
Presidential Election 2008 Democratic Primary Obama vs. Clinton
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 Election Bush: 50,456,002 47.87% 271 electoral votes Gore:50,999,897 48.38% 266 electoral votes Nader: 2,882,955 2.74% 0 electoral votes
Results of 2004 Election Bush: 62,028,285 total votes 50.7% 286 electoral votes Kerry: 59,028,109 total votes 48.3% 251 electoral votes
Other Maps 2004 By county:Republican / Democrat
Other Maps 2004 % Republican / Democrat
Other Maps 2004 Size = number of electoral votes