UNIT II
CONSTITUTIONAL UNDERPINNINGS AND
THE BRANCHES OF GOVERNMENT
Declaration of Independence
US Constitution
Bill of Rights
Pennsylvania Constitution
“Those who can give up essential liberty to obtain a little temporary safety, deserve
neither liberty nor safety.”
Ben Franklin
“Posterity! You will never know how much it has cost my generation to preserve
your freedom. I hope that you will make good use of it!”
John Quincy Adams
NAME____________________________________________________
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THE DECLARATION
OF
INDEPENDENCE
In July of 1776, the thirteen American colonies had already been at war with England for more than a
year. It might seem strange that Americans would feel a need to spend time writing a
formal Declaration of Independence, but that is exactly what they did. They felt obligated, they wrote
at the very beginning of the Declaration, “by a decent respect to the opinions of mankind” to explain
why they no longer considered themselves subjects of the British kingdom.
This suggests how members of the Continental Congress such as Thomas Jefferson, who drafted the
Declaration, viewed the relationship between a government and its citizens. They believed in a “social
compact” among citizens, and between citizens and government. Simply by virtue of existing, they
believed, every person has an equal right to “life, liberty, and the pursuit of happiness.”
In order to make these rights secure, they wrote, “Governments are instituted among
men, deriving their just powers from the consent of the governed.”
Thomas Jefferson July 4, 1776
A government, in other words, is established by citizens. The only reason people agree to this is so that
government will protect their fundamental rights. King George III, wrote the Founders, had been
breaking that agreement for a long time. Instead of protecting the people, his government had engaged
in a “long train of abuses” of their rights. They believed no government should be changed “for light
and transient causes.” They asserted, however, that once the government becomes an enemy of rights,
rather than their protector, citizens have a right to “alter or abolish” that government.
The Declaration of Independence includes a long list of King George’s violations of the colonists’
rights. He had found numerous ways to keep their representatives from having a say in how the
colonies were governed, even as he levied new taxes on them. He sent numerous government officials
to tell them what to do and kept large numbers of troops among them, even to the point of forcing
colonists to give over parts of their homes to soldiers. He restricted their ability to sell their products
overseas, locked up colonists without fair trials, and allowed his navy to force colonists into working
as sailors against their will.
Meanwhile, wrote Jefferson, the people who had been their fellow British citizens ignored their cries
for help. “They too,” according to the Declaration of Independence, “have been deaf to the voice
of justice.”
Why did the Founders bother to write all this down? Plenty of people in history had gone to war in
order to have power over territory, and none of them had bothered to explain why. Unlike most nations
in history, however, America hadn’t gone to war because they were a tribe fighting other tribes, or
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because Americans wanted to kill people who practiced a different religion, or because they believed
the only way to have wealth was to seize other people’s property and make it their own. For most of
their lives, they had considered themselves British subjects, and they had been proud of that fact. In the
Declaration itself, they call the British their “brethren.”
They wrote the Declaration of Independence precisely because being British subjects had meant
something important to them. It was no small thing to break the social compact between citizens and
government, and the Founders argued that George III had broken Britain’s compact with the American
colonies. They believed so strongly in the rights of people that they could not continue to put up with
the King’s tyranny. He had broken the contract a legitimate government has with its citizens.
The very justification for a government—protecting the rights of the people—was also the
justification, in the absence of that protection, for abolishing that government.
And so we have, wrote the Founders, “Full Power to levy War.” This may seem trivial to put in the
document, given that they had already shown that they knew how to wage war against England. Their
point, however, was that this was a morally justified war, waged because people will always have the
right to defend their freedom.
Reading the Declaration of Independence, we see that the United States is a nation founded not on
conquest or tribal loyalty, but on the idea of a free and self-governing people. The Founders—all of
them important and well-regarded men—believed so strongly in the right of self-governance and the
protection of individual rights that they pledged “our Lives, our Fortunes, and our sacred Honor” to the
cause of independence. They knew the price, should they lose this battle with the most powerful
country on the planet, would likely be the loss of all their wealth, as well as their lives. The members
of the Continental Congress who signed Jefferson’s Declaration had more to lose from war with
England than most colonists. To pursue their ideas took courage. It is easy to forget this, living as we
do under the protection of the Constitution they established. Because there will always be people who
want to rule over others, however, we should remember that every generation of citizens must muster
the courage to resist those who would take their freedoms away, whether all at once, or bit by bit.
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I.
THE DECLARATION OF INDEPENDENCE – A TRANSCRIPTION
OBJECTIVES: The students will be able to analyze and to explain Jefferson’s Ideas in the
Declaration.
INSTRUCTIONS: Read the following passages from the Declaration of Independence and answer the
questions that follow.
The Unanimous Declaration
of the Thirteen United States of America
“We hold these truths to be self-evident (clear / obvious), that all men are created equal,
that they are endowed by their Creator with certain unalienable (cannot be taken or given
away) rights, that among these are life, liberty and the pursuit of happiness. That to
secure these rights, governments are instituted among men, deriving their just powers
from the consent of the governed. That whenever any form of government becomes
destructive to these ends, it is the right of the people to alter or to abolish it, and to
institute new government, laying its foundation on such principles and organizing its
powers in such form, as to them shall seem most likely to effect their safety and
happiness.”
DECLARATION OF INDEPENDENCE DIAGRAM
TRUTHS – Explain the basic American beliefs about
Government as contained in the Declaration
BASICS
1.
Author –
Thomas
Jefferson
It was
finished on
July 4, 1776
which is now
forever
known as our
Independence
Day
It was written
in
Philadelphia,
the center of
the fight for
independence!
The role of Government is to protect peoples’
______________________
2. “All men are created
____________________________”
3.
God gives people unalienable rights (those cannot be taken away) which
include the rights to:
4.
What makes a government legitimate? Where does government get its
power?
5.
What rights to people have if their government does not protect their
rights?
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II. THE ARTICLES OF CONFEDERATION
I. POST DECLARATION EVENTS
1. What was the 1st form of government in American called? Articles of Confederation
2. This new American government was to be a CONFEDERATION. What did this mean?
Loose association of sovereign states – League of Friendship – for defense purposes
3. How long did the A of C last? From March of 1781 to September of 1787 (6 years).
II.
GOVERNMENT UNDER THE ARTICLES
4. Describe how this new plan for American government under the Articles of Confederation was to be
organized?
 1 branch government – Congress - No executive or courts
 Unicameral Congress – 1 House
5. How many votes did the states have under the A of C? 1 vote per state
6. How was representation in the Congress to be decided? Each state legislature selected and paid their
delegates – Controlled by state legislatures
7.



What were the main powers of the Congress under the A of C? Lawmaking powers only
Make war and peace
Enter into treaties
Manage an army provided by states
III. WEAKNESSES OF THE ARTICLES OF CONFEDERATION
8. Why was the government under the A of C so weak? Fear of a powerful government that would take
away rights like the King again and a desire for State Sovereignty
9. Weaknesses under the articles:
WEAKNESSES
EFFECTS ON THE COUNTRY
1. No Power to levy and collect taxes – only
borrow from states
2. No power to regulate trade
Chaos with 14 different
Rules on business and trade
3.
No executive to enforce the laws – only
No leadership and no consistent
could ask people to obey -“Please with
enforcement of laws
sugar on top!”
Need Super majority to pass laws – 9 out
of 13 states so very difficult to pass laws
5. Unanimous consent of all states to make an
amendment
6.
No court system
4.
7.
No part of the government
Settling disputes and conflicts
Chaos – 14 different kinds of money
No set currency
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III. The Constitution
In 1787, many Americans were concerned that the Articles of Confederation did not grant enough
power to the central government to protect the rights of the people. Under the Articles, the national
government was unable to regulate commerce, taxation, currency, treaties, and protect the rights of
individuals and states. The states called a delegation to meet in Philadelphia in the summer of 1787 and
from that convention the new Constitution was born.
"Scene at the Signing of the Constitution of the United States," painting by Howard Chandler Christy
When the American Founders declared independence from Britain, they explained that they were
doing so because its government was violating their inalienable rights, which include “life, liberty,
and the pursuit of happiness.” As they organized to fight the British and write the Declaration of
Independence, the American colonists formed a confederation of states with some basic agreements
called “The Articles of Confederation and Perpetual Union.” The Articles of Confederation enabled
them to cooperate in waging the Revolutionary War and to speak with a single voice when negotiating
for weapons and trade with countries like France.
Soon after the war ended, however, many Founders began to argue that the Articles of Confederation
were not adequate to secure the rights they had fought to defend. Any law or treaty established under
the Articles could be ignored by a state government. Citizens of one state could be treated with
unfairly negative bias by courts in another state. States were beginning to tax one another’s products,
threatening to undermine American prosperity by hampering free trade.
“The peace of the whole,” argued Alexander Hamilton, “ought not to be left at the
disposal of a part” (Alexander Hamilton, Federalist No. 80, 1788).
Americans had battled one of the most powerful nations on earth because its king trampled their
rights. Now many believed they faced the opposite problem: a government without enough authority
to pay its debts, guarantee equal treatment before the law, or fund a small defensive army. As states
sent delegates to a convention organized to revise the Articles of Confederation, many ideas emerged
about how a national government should work. Despite their differences, most delegates agreed that
government should be constrained from abusing citizens’ rights while also possessing sufficient
power to protect those rights. They also understood that whatever they proposed needed approval
from legislatures in most of the states, which meant that they also had to take into account local
interests and concerns.
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Their goal—as they eventually explained in the opening sentences (the Preamble) of
the Constitution—was “to form a more perfect union.” Many who think the word “perfect” can only
mean “flawless” miss what the Constitution’s framers intended. They weren’t claiming that the
Constitution would make for a flawless national government. They were using the definition of
“perfect” that meant—especially in their day—“complete” or “lacking in no essential detail.” In other
words, they desired a true union of states, with enough authority to bind them and their citizens, yet
with a universal set of rights and freedom for people to make most governmental decisions in their
states and communities.
The Constitution’s preamble also reveals that its framers believed the system they devised—by
dividing government into branches that would check one another’s exercise of power, and listing
specific government powers in order to ensure rulers wouldn’t imagine they had more authority than
intended—would “establish justice” for its citizens.
Justice meant that citizens would be treated equally and fairly by their government and also have their
persons and property protected. This more perfect union, rooted in ideas of freedom, individual
responsibility, and justice, would help to “insure domestic tranquility” between states and their
citizens and also provide “for the common defense.” Our national government would have courts to
handle disputes between states or between citizens of different states, as well as the power to raise an
army if foreign enemies threatened our lands or people.
Instead of a mere collection of states as a “firm league of friendship,” the ratification of the
Constitution by state conventions would recast the nation as a sovereign entity authorized by “We, the
people of the United States.” It would have a government with specific and limited authority. Its
leaders would be expected to “promote the general welfare,” meaning they would only pass laws that
benefited the nation as a whole and not merely narrow or local interests.
This new, federal government would not make most decisions or take responsibility for making
people’s lives better. That would remain the responsibility of individuals and families acting
independently or joined together in their communities. That is why the Founders placed such a strong
emphasis on virtue. They knew that no government could ever establish peace and prosperity without
citizens who were willing to work hard, take care of their families, and stand up for freedom and
justice. The job of the federal government would be to protect the freedoms people needed to govern
themselves, pursue religion as they saw fit, engage in commerce, and live peaceably alongside one
another.
It was designed to “ensure the blessings of liberty to ourselves and our posterity.”
Although delegates disagreed on many points (for example, how to balance the power between the
large and small states), they produced a document that they believed gave their proposed national
government the necessary power to protect freedom while shackling it with the necessary restrictions
to keep it from becoming a tyranny.
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III. THE CONSTITUTION
A PLAN FOR THE U.S. GOVERNMENT
What is a “CONSTITUTION”? The plan for a country’s government. The highest law in the land! It sets
the organization and LIMITS the power of government.
2. There are 3 parts to the U.S. Constitution:
 Preamble
 Main Body
 Amendments
3. A Preamble is a statement of purpose. The Preamble to the U.S. Constitution is the introduction and the purposes
of the Framers in making this new government. Review the Preamble and summarize the 6 purposes of the
Founding Fathers in making this new government.
6 purposes of Founding Fathers:
We the People of the United States, in
1.
Order to form a more perfect Union,
1.
establish Justice, insure domestic
Tranquility, provide for the common
defense, promote the general Welfare,
and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain
and establish this Constitution for the
United States of America.
2.
3.
4.
5.
6.
4.




5.

The Main Body consists of 7 Articles or Sections:
Article I – Legislative Branch
Article II – The Executive Branch
Article III – The Judicial Branch
Article IV – National – State Relations –
FEDERALISM



Article V – Amendments
Article VI – The Supremacy Clause
Article VII – Ratification
The U.S. Constitution rests on 6 major principles:
POPULAR SOVEREIGNTY – Government principle that the people have all the power over the government

FEDERALISM – Constitutional Principle that takes all of the power of government and divides it between the
levels of government: national, state and local – each level has direct authority over the people

SEPARATION OF POWERS – Constitutional Principle that takes the power assigned to the national government
and divides it between the 3 branches of government , executive, legislative and judicial

CHECKS AND BALANCES – Constitutional Principle in which each branch of government is given powers that
check or limit the powers of the other branches. (EX: Congress makes laws but the President can veto a law)
JUDICIAL REVIEW – Principle that gives Judges the power to review laws of Congress and actions of the
President to determine if they are consistent with the Constitution. See the US Supreme Court case of Marbury v.
Madison in 1803.

LIMITED GOVERNMENT – Principle that the power of government is limited by the terms of the Constitution –
the government is not absolute or all powerful.

RULE OF LAW – Constitutional Principle that requires that the legal system be based on fairness. Everyone must
be treated the same under the law.
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PREAMBLE - PURPOSES OF THE
FOUNDING FATHERS
PICTURE OR VISUAL THAT
SHOWS THE MEANING OF EACH
PURPOSE
Make a More Perfect Union
= A Better Government
Establish Justice = Fairness
Insure Domestic Tranquility
= Peace at home in the USA
Provide for the Common
Defense = Strong Military
to protect the US from
Attack
Promote the General
Welfare = Good education
system and economy for
better standard of living
Secure liberty (freedom)
four ourselves and our
posterity (Children)
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ANNOTATED US CONSTITUTION
ASSIGNMENT: MAKE YOUR OWN ANNOTATED VERSION OF THE US CONSTITUTION.
QUESTION
ANSWER
ARTICLE I
LEGISLATIVE BRANCH
1. What do we call the
Legislative Branch of the
US?
2. Bicameral Organization of
Congress – How many
Houses are there? Name
them
3. Which House of Congress is
covered in Section 2?
4. What is the Term of Office
for the House of Reps?
5. What are the 3 qualifications
for the House of Reps?
2
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
What is the title of the
leader of the House?
What role does the House
play in the Impeachment
process? What vote % is
required to Impeach?
Which House of Congress is
covered in Section 3?
How many members are
there in the US Senate?
What is the term of office
for the US Senate?
What are the 3
qualifications for being a US
Senator?
Who is the President of the
Senate?
What voting power does the
President of the Senate have?
Who presides over the
Senate when the President is
not present?
What role does the Senate
play in the Impeachment
process? What vote % is
required to Convict AND
REMOVE FROM OFFICE?
What is the final step before
a Bill becomes a Law? How
long does this step last?
What % vote is needed to
override a Presidential Veto?
LIST THE MOST
IMPORTANT POWERS OF
CONGRESS IN ARTICLE I
SECTGION 8
IMPEACHMENT MEANS TO ACCUSE A GOVERNMENT OFFICIAL
OF WRONGDOING.
HE ONLY VOTES IF THERE IS A TIE VOTE IN THE SENATE
PRESIDENT PRO TEMPORE – The longest serving member of the Senate
from the majority political party
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ARTICLE II
19. Where is all executive power
vested?
20. What is the term of office for
a US President?
THE EXECUTIVE BRANCH
21. What are the 3 qualifications
for being President?
22. What are the military
powers of the President?
23. What are the judicial powers
of the President?
24. What powers does the
President have as a result of
being the head of the
Executive Branch?
25. What are the legislative
powers of the President?
26. What foreign policy powers
does the President have?
27. What are the grounds for
Impeachment of an elected
official?
ARTICLE III
28. What is the name of the
highest judicial authority in
the US?
29. What is the term of office for
the federal courts?
30. Where is the power of
Judicial Review laid out?
ARTICLE IV
ARTICLE V
31. What vote is needed to
propose a new Amendment
to the US Constitution?
32. What vote is needed to ratify
a new Amendment to the
Constitution?
ARTICLE VI
33. What is the supreme law of
the land?
JUDICIAL BRANCH
NOT IN THE CONSTITUTION – It was a decision made by the US Supreme
Court in a case called MARBURY V MADISON in 1803.
FEDERALISM / RELATIONS BETWEEN THE STATES AND THE
NATIONAL GOVERNMENT
The amendment process
THE SUPREMACY CLAUSE
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IV. THE BIG SIX OF THE CONSTITUTION
LIMITED GOVERNMENT
1. Constitutional Principle that the power of government is limited by the terms of the
Constitution – the government is not absolute or all powerful.
2. The US Constitution is a series of specific grants of power to the Legislative, Executive and
Judicial Branches BUT it is also a limitation on the power of the government in that it can
only do what the Constitution says and nothing more.
POPULAR SOVEREIGNTY
1. What does this term mean?
 “Sovereignty” means the right / power of a government to rule. Specifically it means having supreme,
independent authority (power) over a group of people in a territory.
 “Popular” means the people.
 So putting it all together, popular sovereignty means that the people have the power over the government.
The people give their consent to the government according to Thomas Jefferson.
 The distinguishing feature of democracy is that government authority is derived from the people.
2. REPUBLIC / REPRESENTATIVE DEMOCRACY - In terms of a democratic government, popular sovereignty
means a system of government wherein political power and authority comes as a result of winning free elections in
which all adult citizens are allowed to participate.
 A system of government in which elected representatives exercise power but are responsible to the voters.
3. So how does this term Popular Sovereignty relate to politics? IT IS ALL ABOUT ELECTIONS.
 In the US, we have over 78,000 elected positions from the national to the state to the local level.
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Elections
Elections have consequences. They decide who holds power and therefore the laws that we live under.
But they also reflect principles of federalism and consent of the governed, as well as the complexity of
the American system. They can be moments of high drama and low farce. Some candidates can inspire
their fellow Americans while others make people wonder what could ever recommend them for public
office. Shockingly, candidates in the latter category sometimes win. Because of the drama of electoral
combat between two opponents, we tend to neglect factors that structure how campaigns are organized
and operate.
We also often forget that the campaign is only a precursor to the more important task of governing. But
campaigns can often constrain how officers will govern—and not always in ways that are desirable.
Perhaps the most perplexing institution of American politics is the Electoral College. Instead
of being elected by the people, presidents are officially elected by members of the Electoral
College. Today that means that when you vote for a presidential candidate you are actually
voting for a slate of electors from that candidate’s party. Two troublesome results are
possible with this system.
The first is that the winner of the Electoral College does not have to win the popular vote, which
happened in three presidential elections: 1876, 1888, and 2000. This appears antithetical to democratic
principles of political equality. If we are equals, then our votes should be equal and the person who
secures the most votes should win. In response, defenders of the Electoral College point out that a
contest conducted under the Electoral College does not indicate what the popular vote would have
been under a pure national popular vote.
The campaigns base their strategy on the rules of the system. Thus candidates try to increase their vote
total in key, closely contested states rather than just trying to increase their overall vote tally. Just as
gaining the most yards in a football game does not guarantee a victory, receiving the most votes does
not guarantee victory in a presidential election. The reason for this potentially anti-majoritarian result
is the federal nature of the Electoral College. Votes in the Electoral College are allocated based on a
state’s total representation in Congress. This apportionment means that each state gets one elector for
each Representative and Senator. Since each state has two Senators regardless of population, less
populous states have a disproportionate influence. This effect is exaggerated by the fact that all but two
states allocate their Electoral College votes on a winner-take-all principle. Hence, someone could win
50.1 percent of a state’s votes in the popular election but would receive all of the state’s votes in the
Electoral College.
A second potentially troublesome possibility is that members of the Electoral College can vote for
anyone. Under the Constitution, the Electors are free to cast their ballot as they wish. State parties do
have their slates of electors pledge to vote their party’s candidate but that pledge cannot be legally
binding upon the member of the Electoral College. Some electors can be and occasionally are
“faithless electors” who do not vote for their party’s candidates. In a close race such an elector or
electors could end up being decisive allowing one or few electors’ judgment to supplant the will of a
majority of voters. However, faithless electors have been very rare in American history. And one can
imagine a variety of scenarios where their discretion could prove useful.
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Defenders of the Electoral College point out that despite these problems the system has compensating
virtues. Or as Alexander Hamilton said in Federalist No. 68, the Electoral College is “not perfect,” but
“it is at least excellent” (Alexander Hamilton, Federalist No. 68, 1788). Under the Electoral College
candidates are forced to build a larger geographic base of support. They cannot expect to win and only
be popular in a particular state or region. Forcing candidates to have a broader appeal, the founders
hoped, would also reduce the possibility that a demagogues could win the presidency. Part of what
made the Electoral College excellent, Hamilton argued, was that “talents for low intrigue, and the little
arts of popularity, may alone suffice to elevate a man to the first honors in a single State; but it will
require other talents, and a different kind of merit, to establish him in the esteem and confidence of the
whole Union.” Since the Constitution establishes a compound republic, the Electoral College
reinforces the importance of states as well. The primary alternative to the Electoral College, a popular
national vote, invites the risk of lengthy and traumatic disputes in close elections. With the Electoral
College, recounts are confined to individual closely contested states.
With a pure national election, narrow elections would require recounting ballots across the entire
nation with interminable battles over how ballots should be recounted and what standards should be
used to evaluate contested ballots.
While the Electoral College is the most controversial feature of our electoral system, perhaps the most
important feature is the nomination system. Millions of Americans are constitutionally eligible to be
president, but the nomination system winnows that number down to the two candidates from the major
parties. How they select their nominees shapes the type of person who will get elected and how that
person will govern. Initially parties controlled the nomination process through a convention system.
Party regulars would select their party’s candidate at a national convention. But during the twentieth
century the parties moved to a primary system where nominees seek the nomination in popular
primaries and caucuses. This allowed candidates to “self-select” and choose to run on their own rather
than being called by the party. Because of this change, potential presidential candidates are engaged in
a “continuous campaign” and begin organizing their campaigns and raising money years before the
general election. The danger of this system is that campaign politics will intrude into the ordinary
process of governing. Presidential candidates who currently hold another office will often base their
decisions not what is best for the country but what will maximize their chances of winning their party’s
nomination.
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In the 2000 presidential election, Al Gore won the popular vote but lost the Electoral College vote.
While presidential elections receive the most attention, congressional elections are also important
means express popular sovereignty and the principles of federalism. The Constitution’s system of
separation of powers requires the House and Senate to each have an independent electoral base, which
allows members of each chamber to exercise independent authority. Members of Congress are meant
to resist the demands and entreaties of presidents and their method of selection reflects this intention.
In the House of Representatives, Representatives’ first object of loyalty is their constituents. Members
of the Senate are meant to prioritize the best interest of the state over the popular will. However, with
the Seventeenth Amendment, which changed the method of selection of Senators from appointment by
the state legislature to popular elections, the Senate’s function as a “cooling saucer” for popular
passions has somewhat diminished and is now more likely to reflect the immediate popular will.
Members of the House of Representatives and the Senate also have different terms that also shape
Congressional elections. Senators have six-year terms and staggered elections, which lends stability
and deliberateness to the institution whereas members of the House have two-year terms. While
presidents are limited to two terms, members of Congress can be reelected indefinitely.
As incumbents, officials already holding office, they have significant advantages, such as name
recognition, over challengers.
Because its members face reelection every two years, one would expect the House to experience
substantially higher turnover to the Senate. But the power of incumbency combined with
gerrymandering mean that incumbents are reelected nearly 90 percent of the time. Gerrymandering is
the process of drawing legislative districts for partisan advantage. Redistricting occurs every ten years
after each census. In state legislatures, which usually control the redistricting process, members of both
the Democratic and Republic parties often work to protect their own party’s incumbents from
challengers making redistricting an “incumbency protection act”. Hence, they try to protect Democrats
from Republicans and vice versa. This has led to the rise of safe seats where the general election is a
mere formality and opposition candidates and have little chance to win. In 2012, for example, 85
percent of all house races were won with over 55 percent of the vote and 66 percent were won with
over 60 percent of the vote.
One cause of increased gerrymandering were Supreme Court rulings in Wesberry v. Sanders (1964)
and Reynolds v. Sims (1964) which required all districts in the House of Representatives and state
legislatures to follow the principle of “one man, one vote,” which required equal populations in
legislative districts. This principle precluded state legislatures from drawing district lines along
geographic or county lines and encouraged them to draw district lines for political advantage.
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This early political cartoon criticized the use of gerrymandering in the new nation.
While the Electoral College and gerrymandering are controversial, another complaint about American
campaigns and elections is the role of money. Two distinct questions are often raised: does money buy
elections and do campaign finance regulations infringe on freedom of speech? Complaints about the
baleful influence of money are common. The underlying assumption is that those who can spend more,
win more. But there are reasons to doubt that money buys elections. In addition to incumbency and
gerrymandering, which often guarantee that no amount of money would allow an insurgent candidate
to win, other factors such as the performance of the economy play a more significant role in
determining electoral outcomes than campaign spending. The amount of money a candidate raises is
sometimes an indication of their attractiveness as a candidate. A good candidate is then responsible
both for the money they raise and the votes they receive.
The second question raises more fundamental constitutional concerns. In response to fears about the
potentially corrupting influence of money on elections, Congress began enacting restrictions on how
much individuals could give to political candidates and to political parties in 1971. But limiting the
ability of individuals and parties to raise money also limits their ability to spread their political
message. While money is not speech it does enable speech. And if you put impediments in the way of
speaking you obstruct the ability of individuals to exercise their First Amendment rights. In the same
way flying is not speech but does enable speech. If the government restricted how much you could fly
during a campaign, you would certainly contend that your right to freedom of speech had been
unconstitutionally impeded.
The Supreme Court has been repeatedly called upon to decide the constitutionality of these regulations.
In general, the Court has upheld restrictions on donations but struck down attempts to limit how much
candidates could spend.
Regardless of the constitutionality of campaign finance regulation, two of its obvious effects have been
to increase the amount of time candidates have to devote to fundraising and to increase the power of
incumbency. Limiting the amount of individual donations means that candidates have to spend more
time securing individual donations. This in turn makes it appear that political candidates are only
interested in raising money. Since incumbency bequeaths huge advantages, insurgent candidates have
to acquire much larger war chests to be competitive. But campaign finance laws limit their ability raise
sufficient money to conduct viable campaigns.
One final controversial part of American campaigns is their allegedly increasingly negative nature.
Each election cycle brings fresh lamentations from the press and public officials about how nasty and
16
divisive our politics have become. These complaints, however, are historically uninformed. By almost
any reasonable evaluation American campaigns have always been negative. In the election of 1800, for
example, supporters of John Adams said that a victory by Thomas Jefferson would lead to “murder,
rape, and incest” being “openly taught and practiced” and “female chastity violated” with “children
writhing on a pike.”
Jefferson responded by calling Adams “a hideous hermaphroditical character with neither the
force and firmness of a man or the gentleness and sensibility of a woman.”
More recently, in 1964 in the most famous presidential television campaign advertisement, the “Daisy
Spot,” with a nuclear explosion on screen Lyndon Johnson said "These are the stakes: to make a world
in which all of God's children can live, or to go into the dark. We must either love each other, or we
must die" (Lyndon Johnson Presidential Campaign, “Daisy Girl,” 1964). A vote for his opponent,
Barry Goldwater, was all but a vote for nuclear war. What counts as a negative ad is often in the eye of
the beholder. One candidate’s negative ad is another’s factual presentation of his opponent’s record.
Analysis of negative ads by political scientists has shown that negative ads contain far more
information than positive ones. Hence, negative ads do more to help inform the public about where
candidates actually stand on important issues than positive ads. While negative ads can certainly lie
and mislead, positive ads tend to focus on gauzy but unimportant aspects of a person’s fitness for
office. Seeing candidates smiling with their spouses and children might warm the hearts of voters, but
these sorts of ads do not provide any information about the principles or abilities of office seekers. It is
far more important for voters to be able to gauge a candidate’s political philosophy and capacity to be
an affective political leader.
While exaggerated, concerns about campaign finance and negative campaigning do help remind us of
the importance of elections to our political system. Elections channel public sentiment and reinforce
the principle of self-government. Concerns about the legitimacy of elections should be taken seriously.
But ultimately elections point to our responsibility as citizens to exercise our right vote thoughtfully.
There is no perfect political world where candidates refrain from attacking their opponents or where
campaigning does not cost money. If citizens cannot critically evaluate the merits of candidates and
can be manipulated with emotional appeals financed by campaign war chests, then there is little reason
to trust voters at all. The Framers of the Constitution, however, believed that a system based on the
consent of the governed was not only possible but also necessary for a free society to function. Our
duty is to prove that their faith was not misplaced.
17
ELECTIONS IN THE UNITED STATES
OBJECTIVES: The students will be able to explain the Electoral Process in the United States as well as describe the
process of the Electoral College.
I.
US ELECTORAL PROCESS
1. Primary Elections are held in the Spring of each year and the General Election is done on the Tuesday after the
first Monday in November. National Offices are done in even number years and state and local elections are held
in odd numbered years or in midterm (non-presidential election) years.
2. US elections For Congressional offices (House and Senate) and for state officials are decided by a system called
First Past the Post, Single Member District, Plurality Elections.
 This means that the citizens directly elect their leaders by voting in their state or district for one person
to represent them in the specific political office.
 The winner of the election is the candidate that gets the most votes total which is called a Plurality.
US elections are not determined by which candidate gets a majority of the votes, just by the person with a
plurality of the votes even if it is less than 50%. Just get the most votes and you win.
II. CONGRESSIONAL ELECTIONS
“It does not matter what they say about you as long as they spell your name right!”
“There is no such thing as bad publicity!”
GENERAL ELECTION INFORMATION
1.
2.
3.
4.
The United States has regularly scheduled elections. They are set in advance and at fixed intervals. Should the
United States move to a system with Votes of No Confidence like in the UK and Israel?
The United States electoral system is based on FIXED TERMS OF OFFICE. This means that the length / term
of office is specified and not indefinite.
The United States electoral system also has STAGGERED TERMS OF OFFICE for some positions. This
means that not all members of a branch are up for reelection at the same such as the U.S. Senate.
ELECTIONS FOR THE HOUSE OF REPRESENTATIVES
A. Size and Term of Office?
B. When are the House elections?
5. RUNNING FOR THE SENATE
A. SIZE and TERM OF OFFICE?
B. When are the Senate Elections?
1.) Why are the Senate elections set up in this way?
6. WHAT IS MEANT BY THE INCUMBENCY ADVANTAGE?
18

What does this Graph tell us about Congressional Elections?

What causes this statistical result?

What is meant by Gerrymandering?
19
PRESIDENTIAL ELECTIONS
1. There are 3 stages to a Presidential Election
A. GETTING THE NOMINATION
First, you need to get “mentioned” as someone with presidential caliber
Set aside the time to run (most leave job / office but not all)
Need experience – most helpful to be governors or military leaders / war heroes or former V-P’s
rather than straight from Congress
Need a lot of money – personal or via donations or SUPERPACS
Need a large support staff to help with campaign – An ARCHITECT
Need a Strategy and a Theme
2 methods of getting the nomination today? Caucuses or primaries
1.) CAUCUSES:
 Oldest and simplest method of allocating delegates for the convention
 Definition?
o A closed meeting of party leaders or party members to select the party’s
candidate or to set policy


These are centered on the political party machine and organization
EX: IOWA
2.) PRESIDENTIAL PRIMARIES
 What is it? Defined
 An electoral system in which people vote on a political party’s candidates for office
 Today, this is the main method of choosing a party’s candidates
 Types of primaries:
 Open Primary – A voting system that permits voters to choose the party primary
of their choice without disclosing their party affiliation
 Closed Primary – A voting system in which the selection of party candidates is
limited to party members
 2 Parts to the Primaries: The Beauty Contest and the Delegate Selection Process
 Delegate Selection methods: Proportional Representation (mandatory in democrats),
Winner-Takes-All, Delegate Selection, or Delegate Selection with Advisory
presidential preference, or Binding presidential preference –
 DO NOT FORGET THE SUPERDELEGATE / PLEO – A party leader (Gov,
Senator, Rep, etc) or elected official who’s granted the right to vote at a party’s national
convention due to their political position and not due to any primary election or caucus
– NOT PLEDGED prior to convention
 What is Front Loading? - The practice of scheduling presidential primary elections
during the early parts of election campaigns to increase the amount of influence that
certain states or regions exert on the nomination
 Super-Tuesday? –A Tuesday in March (now February 5th in 2008) in which a large
number of presidential primaries, caucuses or conventions are held – many in the South
11.) What is the primary strategy of candidates seeking the nomination? Since the party loyalists and
activists are the most common voters at the primary stage (low voter turnout here), the candidates have to
pander to the extremists and activists to win the nomination. But this comes back to haunt them in the
general election, where more moderate voters control the outcome.
B. THE CONVENTION
What is the National Convention? The meeting held every 4 years by each major political party
to select a Pres and a V-P candidate to rep the party in the general election, to write a
platform, to choose a national committee and to conduct party business
What is its importance and significance today? Less Significant in the nomination process –
WHY???
Describe the process of the convention. What happens each day?
What is the Party Platform and what is its impact on the candidate? – A platform is the Party’s
official stance or position on the major issues – It has NO BINDING EFFECT ON A
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CANDIDATE - The DNC certainly did not envision a president supporting welfare
reform and a reduction of welfare but Slick Willy did =just that
How is the V-P chosen? “Balance the Ticket” - Geographically or ideologically
How does TV handle the convention in modern times? It used to be gavel to gavel but not as much
coverage now.
C. THE GENERAL ELECTION
What is the General Election?
What factors go into winning the General Election? Party, Money, Issues like the economy, how
the campaign is run, building a winning coalition
What is the importance of TV and the media today?
 Issue Ads and Independent Expenditures and 527 Groups
The power and influence of TV
How important are the presidential debates? Do you remember the Nixon v Kennedy Debate?
What is the role of the Internet? Howard Dean has revitalized the campaign process by tapping
into the Internet
The “SOLID SOUTH” – Once a Democratic strong hold since the Civil War and now a
Conservative Republican base.
ELECTORAL COLLEGE BASICS
1. The only election that is NOT directly decided by the voters is the election for the US President. Individual Voters
indirectly choose the next US President by casting their ballots / votes for the presidential candidate of their choice
but the ultimate decision is made by the members of the Electoral College.
2. Define it.
 The system to elect the President
 The people chosen to cast each state’s votes in a presidential election
3. Reasons for it – Founding Fathers – 2 choices in 1787 – Another compromise
 Direct Popular Election of President – Most citizens not able to cast an informed vote and it
would too much power to the larger, more populous states and Small States would never
approve it
4. So why did Framers choose the EC?
 PRO – FEDERALISM - The EC allows large states to have their power and guarantees
small states at least 3 votes and small states could band together to control the election if it
got to the H of R
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5. Main Features:
A. # of Electors Total and from each state = # of Senators and Reps with DC getting
3
B. How many total EC votes? 538
C. How many EC votes needed to win? 270 - Majority
D. How are electors selected? It is up to the states – basically each PP has their own slate
of electors
E. Reality of voting in a Presidential Election – You are voting for an elector who will then
make the vote for President
F. How are electoral votes allocated?
1.) 48 states use winner-takes-all method
2.) 2 states (ME and NE) use different system based on Congressional Districts
and the winner of the state vote
3.) “Faithless Electors” – They are supposed to vote for the winner of the popular
vote in state but really can vote for anyone
G. Process if no one gets a Majority?
1.) President chosen by the House (House Rules – Maj of State Delegation and if
a tie then it is thrown out) out of the top 3
2.) V-P chosen by the Senate out of the top 2
3.) History - - House has decided 2 elections – 1800 and 1824
H. Can you win EC but not win the popular vote? Yes – 2000, 1888, 1876 and close in
1960 and 1884
6. Impact of EC on Campaign Strategies (10 largest states = 256 EC votes)
7. Alternatives:
 Abolish the EC and use a straight popular vote with majority the winner
1.) More democratic but more elections decided by the House and incentive to
create 3rd party groups and we end up like Europe (Sorry Hugh but is that what
we want to be?)
 Allocate EC Votes according to the percentage of total vote received in the state
2.) May make candidates campaign in all states because every little bit helps BUT
Most elections would fail to end up with a majority of EC votes for 1
candidate so elections will be decided in the House often
 Use a system like ME and NE but same issues as above.
8. Reasons for keeping the EC – FEDERALISM
9. REFORM – Governor Corbett has suggested that Pennsylvania needs to amend it s method of
Electoral vote allocation by using the system employed in ME and NE.
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V. SEPARATION OF POWERS AND CHECKS AND BALANCES
A SEPARATE POWERS CHART
1. Define “SEPARATION OF POWERS”:
2. Define “Checks and Balances” –
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CHECKS AND BALANCES
2.
The President has the veto
power
HOW IS THIS POWER
CHECKED AND BY WHICH
PART OF THE
GOVERNMENT?
A. The President has the Veto
Power and can do the State
of the Union Address
B. The Supreme Court has the
power of Judicial Review and
can declare the law
unconstitutional provided
there is a legal challenge to
the law.
Congress can override a veto by a
2/3rds vote of both house
3.
The President has the power
to execute the laws and
administer the Executive
Branch
The Supreme Court has the power
of Judicial Review and can
declare an action of the President
as unconstitutional
4.
The President is the
Commander-in-Chief of the
US military
Congress has the Power of the
Purse. It can cut off funding for
the Executive Branch if Congress
feels that the Executive is not
properly enforcing the laws.
Congress has the power to declare
war and has the power of the
purse (control funding for a war)
5.
The President negotiates
treaties with foreign
countries
The President can appoint
ambassadors and cabinet
ministers and federal judges
The President and Federal
Judges are separate from
Congress
GOVERNMENT POWER
1.
6.
7.
Congress has the power to
pass law?
Location in the US Constitution
where the check and balance is
located?
This power was established in a
US Supreme Court case called
Marbury v. Madison in 1803
A.
Article I Section 7.2 and
Article II, Section 2.3
B.
This power was established
in a US Supreme Court case
called Marbury v. Madison
in 1803
Article I, Section 7.2
Article I, Sections 8.1, 8.11, and
8.12-14
The Senate has to approve a
Treaty by a 2/3rds vote
Article II, Section 2.2
The Senate gets to approve the
appointment by a majority vote
(but watch out for a Filibuster)
Congress can Impeach a President
or a Judge for treason, bribery, or
high crimes and misdemeanors.
Article II, Section 2.2
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Article I, Section 2.5 and Article
I, Section 3.6, and Article II
Section 4
THE JUDICIAL BRANCH
1.
JUDICIAL INTERPRETATION – JUDICIAL REVIEW
Power of the Courts (Supreme Court mainly but all
have it) to declare a law of Congress or an action of the
Executive Unconstitutional
2.) Where did it come from? Supreme Court case in 1803 called
Marbury v. Madison.
1.) What is this?
2. Rule of Law - Constitutional principle that calls for the laws of a country to
be written, published, clear, and applied equally to everyone.
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VI. FEDERALISM
WHO HAS THE POWER?
RELATIONS BETWEEN LEVELS OF GOVERNMENT
I. OBJECTIVES:
1. Define Federalism
2. Identify the main divisions of powers between the states and the national government.
3. Describe key changes in federalism from the time the Constitution was first ratified.
4. Explain how federalism affects politics.
II. DESCRIBE HOW OUR SYSTEM OF GOVERNMENT IS ORGANIZED
1.
FEDERALISM - Definition? 2 parts
A. 1ST part –
A division of the total power of government between the 3 levels of government, national, state and local
B. 2nd Part – Each level exercises direct control over people’s lives
2.
3.
Alternates to a Federal System?
A. Unitary State – What is that? A system of government organization in which all power is held in one
place, the national government (the UK)
B. Confederation – What is that? A loose association of sovereign states which come together for one
purpose like defense or economic reasons (the UN and the EU)
Why did Framers create a Federal System of Government?
A. It protects against tyranny – another check and balance by spreading out govt power
B. In 1787, people were more loyal to their state governments and not the new national government
C. It allows more people to participate in the democratic process – over 78,000 elected positions
D. It allows more experimentation at the state level. – States are like laboratories for public policy making
 Georgia – 1st state to give 18 year olds the right to vote
 Nevada – state sponsored gambling
 Oregon – Physician Assisted Suicide and elections by mail
 Massachusetts – Same sex marriage
 Wisconsin – welfare changes
III. DIVISION OF POWERS
1.
2.
Federalism is all about the powers of the government. The Constitution grants certain specific powers to the
National Government and the 10th Amendment reserves all other powers to the States or to the People.
What powers are there in the Federal System?
A. Delegated Powers – all those powers granted by the Constitution to the National Government – 3 types:
1.) EXPRESS OR ENUMERATED POWERS – What does this mean?
 Powers granted specifically to the National Gov’t (L, E or J)
2.) IMPLIED POWERS – What does this mean?
 Powers inferred from express powers that allow Congress to carry out its functions / duties
 Congress can do everything necessary and proper to carry out its functions
a.) Where is this found in the Constitution?
Article I, Section 8, Clause 13 of the Constitution called the Necessary and Proper
Clause – a/k/a the Elastic Clause
3.) INHERENT POWERS – What are these powers?
 Powers of the national government in the area of foreign affairs
 EX: Do you want Wisconsin to negotiate a trade agreement with Canada?
26
B. What are the RESERVED POWERS? Where in the Constitution?
 The 10th Amendment – All powers NOT specifically granted to the national gov’t under the Constitution
are reserved to the states or to the people
1.) List the examples of state powers:
C. What are the CONCURRENT POWERS?
 Powers that are shared by both the national and state government
1.) List examples of Concurrent powers:
IV. EXAMINE THE HISTORY OF FEDERALISM
1. The division of powers and responsibilities between the States and the National Government has been like a roller
coaster ride.
1787 – 1930 State Power was High and National Government Power was Low
1930 – 1994 State Power was Low and national Government Power was High
1994 – Today –State Power rising and National Power decreasing (Sort Of!!!)
2008 - ??? – Potential for an increase in the power and role of the national government
FEDERALISM IS MUCH DIFFERENT TODAY THAN ORIGINALLY FORESEEN BY THE FRAMERS – It all
depends on the ideological beliefs of the 9 people who sit on the US Supreme Court.
V. INTERSTATE RELATIONS
1. Explain the Full Faith and Credit Clause (Article IV Section 1).
Each state must recognize and enforce the civil judgments, public records (documents) and acts of all other
states.
Full Faith and Credit: Each state must respect the legal actions and legal documents of other states.
Examples:
 Marriages, divorces, & adoptions
 Business transactions
 Car registration and driver’s licenses
* This applies only to civil law, not criminal laws of other states.
2. Explain what is meant by Interstate Privileges and Immunities (Article IV Section 2).
Each state must grant the same P & I (rights and benefits) to citizens of other states – EX: Protection of
laws, access to courts, right to work, right to be free from discrimination
Privileges and Immunities: Each state must extend the same rights, privileges, and protections to citizens of
other states that it extends to its own citizens.
VIII. FISCAL FEDERALISM - REGULATORY FEDERALISM – FEDERAL GRANTS AND MANDATES
1. What is a Federal Mandate? A federal government requirement or obligation placed on the states that states
have to comply with. Sometimes it comes with money to pay for the program but may not.
2.
What are Federal grants? Federal Government money given to the states to run or to pay for some program.
3.
What are the purposes of federal grants? To spread the wealth like Robin Hood / To provide states with
money for programs / To create national standards / To allow the federal government more control over
state
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VII. THE THREE BRANCHES OF GOVERNMENT
UNITED STATES VS.PENNSYLVANIA
THE LEGISLATIVE BRANCH
1. Role of the Legislative Branch?
 Pass / Make Laws / Ordinances / Statutes
 Oversight of the Executive and Judicial Branches – They are to make sure that the laws passed
are executed / carried out by the Executive Branch properly. This is done through
Congressional Committees and Hearings. Congress has subpoena power and can compel
anyone to testify under oath about issues.
2. CHECKS AND BALANCES
Checks on the Executive Branch
 Override a Veto
 Control the Budget – Power of the
Purse
 Impeachment
 Senate gets to approve Presidential
Appointments to the Cabinet and
Executive Agencies by Majority
 Foreign Policy – Senate gets to
approve all treaties by 2/3rds vote
Checks on the Judicial Branch
 Senate gets to approve Judicial
Appointments by the President by a
Majority Vote
 Impeach Federal Judges
 Creates and can stop the jurisdiction
of lower federal courts
 Can begin the Amendment process
3. Who is in Congress?
Use the Website below to analyze the make up of the members of the 114th Congress
https://www.fas.org/sgp/crs/misc/R43869.pdf
a. By Political Party
b. By Gender
c. By Race and ethnicity
d. By Age
e. By Education Levels
f. By Occupations
g. By Religion
At the PA STATE LEVEL –DEMOGRAPHICS OF THE TYPICAL PA LEGISLATOR:
This is what the average legislator is like:
 white male
 college educated
 mid-40s
 upper middle class


Protestant
usually also self-employed businesspersons (most
often lawyers, real estate brokers, or insurance
agents)
A recent count of legislators across the nation showed that, out of 7,461 state legislators, only 1,200 are women, less
than 500 are Afro-American, and less than 130 are Hispanic.
28
4. How do Members of Congress Behave?
A. In a decentralized, individualistic institution such as Congress, it is not obvious how its members will behave.
B. What is meant by the word “behavior”? Generally behavior means how they vote. But members can influence
legislation by more than voting on bills. It comes in the bills that members propose, how they vote on bills, how
they conduct hearings, how they mark-up bills in committee, and how they offer amendments to bills. Proposed by
others.
C. THREE THEORIES about how members of Congress behave:
1.) REPRESENTATIONAL VIEW – a/k/a THE DELEGATE OR INSTRUCTED DELEGATE
THEORY
a.) It is based on the assumption that members want to get reelected so they vote to please their
constituents. The member’s own personal opinions do not matter.
 Statistics show that there is strong correlation on some issues like civil rights and social welfare,
but not in other areas like foreign policy.
 Problem: Public opinion is not strong and clear on all issues and constituents are often divided
on important issues
RESULT: It is still a powerful influence but not the sole predictor of behavior.
2.) ORGANIZATIONAL VIEW
a.) It is based on the assumption that since most constituents do not know how their legislator has voted,
it is not essential to please them. It is more important to please fellow members of Congress, whose
goodwill is valuable in getting things done and in acquiring more power in Congress.
 LOGROLLING FOR EXAMPLE
 Members of Congress behave and react according to cues that they receive in Congress and not
from their constituents.
 Cues come from their political party, colleagues who share ideological positions, and from
members of a sponsoring committee (EX: House Armed Services Committee influence over a
bill for a new weapons system that most members do not understand)
3.) ATTITUDINAL VIEW OR TRUSTEE THEORY
a.) It is based on the assumption that there are so many conflicting pressures on members of Congress
that they cancel each other out, leaving the member virtually free to vote on the basis of their own beliefs
or ideology
b.) Members act in the broader interests of society as opposed to the specific interests of their
constituency
BOTTOM LINE – WOULD THE FRAMERS BE HAPPY ABOUT TODAY’S MEMBERSHIP BEHAVIOR?
PROBABLY IN LIGHT OF THE FACT THAT THE FRAMERS WANTED IT THIS WAY. THEY FELT THAT THE
REPRESENTATIVES OF THE PEOPLE SHOULD REFINE, NOT REFLECT, PUBLIC WISHES AND MEDIATE,
NOT MIRROR, PUBLIC VIEWS.
5. Organization of the Legislative Branch
a.) The Legislative Branch at both the national and state level (with one exception) is organized under the principle of
BICAMERALISM. “BI” means 2 and “Cameral” means houses so it is a 2 house legislature.
 House of Representatives – Based on population with a total of 435 seats set by Congress in 1911.
 Senate – Based on equality – 2 per state
 Each House works by MAJORITY RULE
 Each House has to pass the same bill in identical fashion before it goes to the President for his approval and
signature.
29
Read the following passage:
Unicameralism vs. Bicameralism
Except for Nebraska, all State legislatures are bicameral today. Bicameralism has been the dominant
pattern for two major reasons. The first is the influence of both English and colonial experience. The
second was the tendency among the newer States who joined the United States to follow the lead of the
original States and the National Government.
The first colonial legislatures were typically unicameral. The elected representatives commonly sat
with the governor and his council in the making of colonial laws. As the popularly elected legislators
gained political power in most of the colonies, the governor’s council took on the role of a second,
upper chamber. Thus, well before the Revolution, most of the colonies had bicameral bodies structured
much like the British Parliament. Within only a few years, all 13 of the new States had established
two-chambered legislatures.
Unicameralism is often recommended as one of the major steps that could raise the quality of State
legislatures, their procedures, and their product. Those who support bicameralism have long argued
that one house can act as a check on the other in a two-chambered body and so prevent unwise
legislation. The critics of bicameralism point to the many examples where that theory has not worked
well in practice. Indeed, very often the real check on “hasty and ill-considered legislation” comes from
places outside the legislature—from the governor’s veto, from coverage by the news media, and from
public opinion. It has not come from having a second house in the legislature.
Critics of bicameralism argue that in the complicated structure and procedures of a two-house system,
special interests have more opportunities to block popular legislation. As an example, they point to
conference committees, which are unnecessary in a unicameral legislature.
The advocates of unicameralism also point out that with two chambers involved in the lawmaking
process, it is almost impossible to place the responsibility for some legislative action, or inaction, on
any one group of lawmakers. With only one house to watch, the people can more readily discover and
understand what the legislature is doing. In a one-house system, the legislature itself, they add, can
more easily watch lobbyists’ activities for special interest groups.
Although the Nebraska experience hasn’t proved a cure-all, it appears to have worked well for over 50
years. Legislative costs been cut, greater efficiency has been achieved, and lobbyists’ influence has
reduced. A generally higher caliber of legislator has been chosen. Moreover, the typical legislator has
been more responsive to his or her constituents than under the old house system.
All in all, the weight of the argument favors unicameralism. Nevertheless, proposals to adopt it
elsewhere have made almost no headway since the Nebraska reform. Both tradition and inertia stand
on the side of bicameralism. So, too, does a lack of knowledge and interest on the part of the general
public.
30
b.) LEADERSHIP – There are certain formal leadership positions required under the
State Constitutions.
 Speaker of the House of Representatives
 Vice President of the Senate and the President Pro Tempore of the Senate
US Constitution and
c.) COMMITTEES – Each house of the Legislative Branch is divided into small Committees. It is impossible for
one body made up of 100 or 435 members to act
as a single body to propose, to discuss, to debate and to vote on Bills /
Ideas for
Laws. Nothing would ever get accomplished. So the Members of Congress are divided into a series of
Committees that do the actual work of writing, discussing
and debating the value of Bills.
 Standing Committees – Specific permanent subject matter committees whose job is to write, to discuss,
to debate, and to vote on Bills.
US SENATE STANDING COMMITTEES
Agriculture, Nutrition, and Forestry
Appropriations
Armed Services
Banking, Housing, and Urban Affairs
Budget
Commerce, Science, and Transportation
Energy and Natural Resources
Environment and Public Works
Finance
Foreign Relations
Health, Education, Labor, and Pensions
Homeland Security and Governmental
Affairs
Judiciary
Rules and Administration
Small Business and Entrepreneurship
Veterans' Affairs
US HOUSE OF REPRESENTATIVES STANDING
COMMITTEES
Agriculture
Appropriations
Armed Services
Budget
Education and the Workforce
Energy and Commerce
Ethics
Financial Services
Foreign Affairs
Homeland Security
House Administration
Judiciary
Natural Resources
Oversight and Government Reform
Rules
Science, Space, and Technology
Small Business Transportation and
Infrastructure
Veterans’ Affairs
Ways and Means
Intelligence
 CONFERENCE COMMITTEE – An essential joint committee made up of members of both Houses
whose job is to resolve differences between versions of a Bill that have been passed in the House and in
the Senate. Many Bills go through our Republican led House and our Democratic led Senate and come
out looking very different with conflicting provisions. No Bill goes to the President that has not passed
both Houses in the exact same form. So the Conference Committee brings members of both Houses
together and they attempt compromise the 2 versions of the Bill into one form. Then it goes back to
each House for a final vote. If passed by a Majority of both Houses, it then goes to the President. This
committee is essential for ending Gridlock in Congress.
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6. THE US CONGRESS VS PA GENERAL ASSEMBLY
US CONGRESS
Legislative – Make the Laws
and Oversee the Executive
TOPIC
Role?
2.
3.
Name?
Organization – Bi or
Unicameral?
Name of Upper House?
Term of Office for the
Upper House?
Size of the Upper House?
Term Limits?
Qualifications – Minimum
Age for membership?
Method of Election
4.
5.
6.
7.
8.
Directly elected by state in a
plurality election – Plurality
Election
PA GENERAL ASSEMBLY
Legislative – Make the Laws
and Oversee the Executive
1.
9.
Directly elected by the citizens
of their Congressional district
– Single Member District
Plurality Election
10. Leadership – Who is the
President of the Upper
House? Controls the agenda
11. Who controls the agenda –
makes all the major
decisions over Bills?
12. Special Powers of the Upper
House?
13. Name of the Lower House?
14. Term of Office for the
Lower House?
15. Size of the Lower House?
16. Term Limits?
Directly elected by the citizens
of their Congressional district –
Single
Member
District
Plurality Election
17. Qualifications – Minimum
Age for membership?
18. Method of Election – THIS
IS THE VOICE OF THE
PEOPLE AND RESPONDS
DIRECTLY TO THE WILL OF
THE PEOPLE.
19. Leadership – Who is the
head of the Lower House
and controls the agenda?
20. Special Powers of the
Lower House?
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Directly elected by the citizens
of their Congressional district
– Single Member District
Plurality Election
EXECUTIVE BRANCH
OBJECTIVE: Develop an understanding of how the Executive Branch at the Federal and State Levels are
Organized and the role / powers of the Chief Executives
1.
Basics
The Executive Branch of the federal government and of each state is responsible for administering the dayto-day operations of government, providing services, and enforcing the laws.
 “Executive Power” means the power to execute the Laws – to enforce the laws, to carry out the laws, and
to administer the laws.
 The President is the head of the federal executive branch and is elected by the Electoral College. States
are led by a Governor, elected by statewide ballot for a 4 year term in most states.
 At the federal level, the President is supported by millions of people that work in the Bureaucracy such as
in the 14 Cabinet level positions along with the numerous agencies, departments, and commissions that
are charged with carrying out the laws.
 At the state level, the Governor is supported by other elected officials such as the Lieutenant Governor,
Attorney General, Auditor General, and State Treasurer, along with numerous other appointed
bureaucratic officials.
2.
Key Concepts:
A. The President is INDIRECTLY ELECTED. The voters make their choice and then the Electoral College
determines the actual winner of the election. The Electoral College is based on the popular vote state by
state.
B. The voters of the state directly elect their State Governor. In Pennsylvania, the Governor is elected for a
4 year term with a limit of 2 succeeding terms.
C. Roles of the Chief Executive
US PRESIDENT
Chief Executive
Chief Legislator (Legislative Powers)
Commander-In-Chief
Chief Diplomat
Chief Jurist (Judicial Powers)
Chief Economist (Financial matters)
Chief of State
Chief / Head of the Political Party
Leader of the Free World
PA STATE GOVERNOR
 CHIEF EXECUTIVE / HEAD OF STATE:
Execute the Laws / Enforce the State Constitution
/ Maintain law and order /Manage the
Bureaucracy / Leader of the State
 CHIEF LEGISLATOR – Veto and Line-Item
Veto / Propose laws / Prepare Budget
 CHIEF JURIST – JUDICIAL ROLE –
Clemency Powers such as the Pardon, Reprieve,
and Commutations
 MILITARY LEADER – Governor is
commander-in-chief of the state’s National Guard
 SPOKESPERSON FOR THE STATE
 LEADER OF POLITICAL PARTY
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D. THE EXCUTIVE BRANCH – No Single person can possibly execute all of these Roles. So the Chief
Executive gets a large staff and series of offices to help him called the Bureaucracy.
US PRESIDENT – FEDERAL BUREACURACY
1.) The Vice – President – serves as 2nd in the line
of succession and balances the Presidential Ticket.
Also serves as the President of the US Senate and
holds the tie-breaker vote.
2. The Cabinet

Agriculture

Commerce

Defense

Education

Energy

Interior

Justice

Labor

Health and Human Services

Homeland Security

Housing and Urban Development

State – Most powerful and 4th in line of










LIEUTENANT GOVERNOR – 2nd in command to the
Governor and elected from the same party as the Governor
1.) 1st in line of succession should the Governor, die, resign
or get impeached.
2.) Serves as the President of the PA Senate (tiebreaker vote)
and serves as the Chair of the Board of Pardons and the
State parole Board

ATTORNEY GENERAL – The state’s chief legal officer and
law enforcement officer so you must have a law degree to
serve in this role.
1.) AG provides legal advice on any matter to the Governor
and the state agencies. His opinions have the same effect
as law.
2.) AG represents the state in all legal cases and reviews all
legal documents and contracts for the state
3.) AG handles consumer protection issues through the
Consumer Affairs Office
4.) Serves on the Board of Pardons

AUDITOR GENERAL
1.) The “Watchdog of the State Treasury” – ensures that the
state receives all the money / revenue to which it is
entitled and that the money is disbursed properly. Power
to conduct AUDITS of each part of the state government.
2.) Make sure that state officials are not wasting state
resources

STATE TREASURER
1.) Oldest Independent executive office in PA
2.) The custodian for all public funds. The ST handles the
receipt, deposit, investment, and dispersal (payment of) of
the Commonwealth’s money
3.) Handles welfare and unemployment payments for the state
4.) Must also approve and sign for any long term loan taken
out by the state
succession
Transportation
Treasury
Veterans Affairs
3. Executive Office of the President
 Chief of Staff
 Press Secretary
 White House Office

Council of Economic Advisers

Council on Environmental Quality

STATE BUREAUCRACY
Some of these positions are independently elected and serve 4 year
terms.
Executive Residence
National Security Staff
Office of Administration
Office of Management and Budget
Office of National Drug Control Policy
Office of Science and Technology Policy
Office of the United States Trade
Representative
4. Independent Executive Agencies and
Departments
Alphabet Soup – CIA, FBI, DEA, FCC,
NTSB, SEC, EPA, IRS, NASA, et al.
Other Parts of the PA Bureaucracy under the direct control of the
Governor
Agriculture | Banking | Community and Economic
Development | Conservation and Natural
Resources |Corrections | Education | Environmental
Protection | Health |Labor and Industry | Military and Veterans'
Affairs | Public Welfare | Revenue | Transportation | List of State
Agencies
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3. Compare the US Executive with the PA State Executive
US – Federal Government
Topics
PA State Government
1. Chief
Executive –
Head of the
Executive
Branch
2. Term of
Office and
Maximum #
3.
Qualifications
4. Role
5. Legislative
Powers
6. Military
powers
7. Foreign
Policy Powers
8. Judicial
Powers
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JUDICIAL BRANCH - Compare and Contrast the Federal Judicial Branch with the PA Court System
1. BASIC TERMINOLOGY:
Jurisdiction – This is a legal term that refers to the type of cases that a court may hear. The court’s authority to
hear cases.
Original Jurisdiction: The authority of a court to hear a case “in the first instance” - to hear trials
Appellate Jurisdiction: The authority of a court to review a decision of a lower court.
Civil Cases: Disputes that are not criminal in nature but that involve 2 or more individuals or an individual
against a governmental entity or official
Criminal Cases: A case involving a violation of the crimes code
Summary Offenses: Low level violations of the criminal code that usually involve punishment in terms of a fine
or probation. EX: Loitering and curfew violations
Misdemeanors: A minor crime – the penalty is a fine or imprisonment for a short time, usually less than a year in
jail.
Felonies: A serious or major crime – the penalty can range from death to imprisonment for over 1 year in jail.
DIAGRAMS OF THE FEDERAL AND PA COURT SYSTEMS
US / FEDERAL COURT SYSTEM
PENNSYLVANIA COURT SYSTEM
JUDICIARY BASICS
1. The ROLE / FUNCTION of the court system is to interpret the laws and to resolve disputes.
2. It is an ADVERSARIAL SYSTEM
3. Federal Judges are appointed by the President and confirmed by a majority vote of the Senate.
4. Qualifications to be a Judge in Pennsylvania:
-Citizen of the United States
-Resident of the State
-Must be a member of the Bar of the Pennsylvania Supreme Court
 Exception: Magisterial District Justices do not have to be lawyers
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5.
Election: Judicial elections occur in odd-numbered years. A person is elected a judge in a state-wide or
county wide election by party designation. Judges run for reelection under the system of “Merit Retention”.
They run for reelection under “yes – no” vote without ballot preference as to political affiliation. However,
the mandatory retirement age is 70 years.
JUDICIARY BASICS – COMPARE US AND PA COURTS
US COURTS
To interpret the laws and to
resolve disputes and
guarantee Rule of Law
TOPICS
1. Role
PA COURTS
To interpret the laws and to
resolve disputes and
guarantee Rule of
Law.
JUDICIAL REVIEW
2. Main Power under
Checks and Balances
2. Highest Court
JUDICIAL REVIEW
3. # of Justices
4. Term of Office
5. Method of Selection –how
one becomes a judge
6. Jurisdiction
7. Mid-Level Court –
Appellate Jurisdiction
8. Trial Courts
9. Trial Court Jurisdiction
10. Lowest Courts
11. Jurisdiction of Lowest
Courts
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Read the following passage and answer questions #1 to 5 that follow.
Lettuce Lady Loses in Court
She tossed the lettuce, and a cop tossed her a ticket. Yesterday, a woman who says lettuce is not litter
tried to make her case to a county court judge, and she didn't come to court empty-handed.
Dawn Higgins doesn't like leafy spinach on her salad. "It looks like something that came off a tree."
So last October when she and her daughters stopped for a quick bite at McDonald's, and then pulled
into a nearby parking lot so she could eat, she picked off the leaves -- and tossed them out the car
window.
That's when police officer Thomas Mahalick spotted her. "She was throwing items out of her vehicle.
They were lettuce [leaves]." [Ms. Higgins] said: “it's not littering. It's lettuce." He eventually ended up
citing her for what were 6 leaves from her McDonald's salad -- no dressing.
After being found guilty of littering by the Magisterial District Judge, the dispute over whether lettuce
is litter was appealed to the Common Pleas Court. Higgins' attorney says the case is ridiculous. "Not
to use legalese, but it's a "de minimis infraction." The statute says the scattering of rubbish or refuse on
private property or roads or on any type of surface, but it doesn't define what rubbish is."
He says Pennsylvania case law provides only one precedent -- a case in which a cigarette was deemed
not to constitute "rubbish." "So our argument was simply that 6 leaves from a salad which is
biodegradable -- and may have blown onto the grass -- were even more minimal than a lighted
cigarette."
Her attorney says she may have been cited more for her attitude than her actions. "I did have a little
bit of an attitude, but who wouldn't? I think anyone in their right mind would have been [angry] just
like I was." He cited her $50 dollars, plus court costs, plus a $173 fine for those leaves. Probably the
most expensive McDonald's salad ever sold. The officer said, "If it would've been any other outcome,
it would've shown the public it's OK to litter." The judge agreed with the [officer], and Higgins was
ordered to pay the fines. All-together she's had to pay more than four hundred dollars.
Higgins says she'll appeal next to Superior Court. “I feel terrible. I think I got robbed."
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1. Which was the first court in which this woman’s littering charge was heard?
a. Superior Court
b. Magisterial District Judge (District Justice)
c. Criminal Court
d. Court of Common Pleas
e. Commonwealth Court
2. Based on the context of the article and Ms. Higgins’ lawyer’s comments, what is a “de minimus
infraction”?
a. an action for which the fine is less than $500
b. an action which is unworthy of the law’s attention
c. a law about littering
d. a law about smoking in public
e. failure to pay the minimum fine
3. Based on the context of the article what is “precedent”?
a. laws about minor crimes
b. laws about major crimes
c. a legal guideline establishing how other courts should interpret the law in cases with
similar issues or facts
d. the legal guidelines applied to Magisterial District Judges only
e. a rule about which court should handle a particular type of case
4. What appeals court would first handle this case?
a. Criminal Court
b. Magisterial District Judge (District Justice)
c. Commonwealth Court
d. Supreme Court
e. Court of Common Pleas
5. What issue was the basis for higher courts hearing Ms. Higgins’ challenge to her citation?
a. Whether the Magisterial District Judge had authority to rule on this case.
b. Whether the Court of Common Pleas had authority to rule on this case.
c. Whether or not a person is allowed to disagree with a police officer.
d. Whether or not a person is allowed to disagree with a judge.
e. Whether or not throwing away six spinach leaves was littering.
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