“Americans are a nation born of
an idea, not the place, but the
idea,created the United States
Government”.
Theodore H.White
The U.S. Constitution - the basic law

Federalism:
1.
principle of limited government;
2. division of powers between federal and
state governments

Federal government:
1.
3 main branches –Congress, President and
his team, Supreme Court and their
functions;
2.
Separation of powers among 3 branches
of government;
3.
System of checks and balances

1781 - the Articles of Confederation
were ratified
 1787 –Constitutional Convention met in
Philadelphia
 1788 – The Federalist Papers by A.
Hamilton and J. Madison
 1789 – The New Constitution was
adopted by the 13 states
 1791 – The Bill of Rights was added to
the Constitution

sets the basic form of government: 3 separate
branches, each one having powers over the
others;
 gives the U.S. a “federal” system of government:
a federal system is one in which the power to
rule is shared;
 specifies the powers and duties of each federal
branch of government, with all other powers
and duties belonging to the states;
 gives the ultimate power not to the President or
to the Congress or to the Supreme Court, or to
any political parties, but to “We, the People”, in
fact and in spirit.

Legislative: Congress and its
powers.
 2 - Executive: the President and his
powers.
 3 – Judicial: the Supreme Court and
its powers.
 4 – States and organization of their
governments.
 5 – How to amend the Constitution.
 6 - The Constitution is the supreme
law.
 7 – How to ratify the Constitution.

1–
1 – Freedom of religion, speech, the press and
assembly.
 2 – The right to have guns.
 3 – Housing soldiers.
 4 – Searches and warrants.
 5 – Rights of people accused of a crime and
protection of private property.
 6 – Right to a Fair Trial and witnesses.
 7 – Right to a Jury Trail.
 8 – Bails, fines, and punishments.
 9 – The people keep some rights.
 10 - The States keep some powers.

1.
2.
3.
4.
Federalism ( the principle of
limited government);
Separation of powers among 3
branches of government;
System of checks and balances to
restrict the powers of each
branch;
Respect for the Constitution.
The U.S. is
a representative
democracy
All government power rests
with the people who directs
policies by voting for
governmental
representatives
FIRST PRINCIPLE
Federalism - the principle of
limited government
The Constitution
The Federal
Government
LOCAL
Governments
The authority is divided
between
Executive
branch headed
by state governors
State
Governments
Legislative
Branch
Senate
House of Repr.
Judicial
branch
County courts
A new kind of federalism:
 instead of the absolute
sovereignty, the states would
retain a “residual sovereignty”
(James Madison) in all areas that
did not require national concern;
 Concurrent powers (A. Hamilton)
Federal
government
powers
State
governments
powers
The division of powers between
federal and state governments
Declare war;
Regulate
foreign commerce;
Regulate
interstate commerce;
Coin and
print money;
Conduct foreign
affairs
Conduct elections
and set qualifications
for resident voters;
Govern marriage
and divorce laws;
Regulate
intrastate commerce
POWERS AVAILABLE TO BOTH
FEDERAL AND STATE GOVERNMENTS
(CONCURRENT POWERS)
1. Tax and collect taxes
2. Set standards of public health
3. Establish courts
4. Make and enforce laws
5. Fund and regulate public
education
 The
individual states all have
republican forms of government
with a senate and a house
 All have executive branches
headed by state governors and
independent court systems
 Each state has its own constitution
 All must respect the federal laws
and not make laws that interfere
with those of the other states
 local
governments are created and
empowered by the state
 they exercise only those powers
clearly given to them by the state
legislature
 about half of the states have adopted
"home-rule" provisions for local
government
 Under home-rule, local governments
can exercise all powers not prohibited
to them
Separation of powers among
3 branches of government
helps
to avoid the tyranny of
concentrated power;
helps to increase governmental
efficiency and effectiveness: by
being limited to specialized
functions, the different branches of
government develop both an
expertise and a sense of pride in
their roles, which would not be the
case if they were joined together.
Federal
Government
Legislative
Branch
Makes laws
Congress
House
of RepresenTatives
435 repr.
Executive Branch
Administers
the country
The President and
the Cabinet
Senate
100 representatives
Judicial Branch
Interprets the laws
The Supreme
Court
14 departments
and
Vice-President
13 Federal
courts of
Appeal
94 District
Courts
Legislative
Branch
Oversight
power
Executive
branch
Judicial
Branch
Power of
Judicial
Review
It is made up of representatives
elected to Congress which includes
the Senate and the House of
Representatives
 The
legislature in a parliamentary system is a
parliament; the legislature in a presidential
system is a congress.
 In a parliamentary system, the executive and
the leaders of the administrative
bureaucracies are chosen from and are
accountable to the majority in Parliament.
 In a presidential system the executive and the
cabinet are entirely separate from the
legislative body.
 No one (an exception is the vice president)
can be a member of both the executive and
the legislative branch.
 Depending on party dynamics, the two
branches can be at odds over policy priorities
and legislative agenda.
To
make laws;
To change laws;
To watch government
expenditure;
To create new court systems;
To abolish existing ones
Congress
The House of
Representatives
435 repr.
2-year term
20 committees
The Senate
100
Senators
6-year term
16 committеes
◦ A. Congress has committees for the
same reason that any large organization
is subdivided into specialized groups or
divisions: to develop and use expertise in
specific areas.
◦ B. Committee types include standing,
joint, select and conference.
◦ C. Influence on committees grows
formally with seniority and informally
with increased expertise.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
A bill is introduced into one house of Congress by a
member.
The bill is studied by a committee of that house.
The bill is debated and voted on by that house.
The approved bill is introduced in the other house.
The bill is studied by a committee of that house.
The bill is debated and voted on by that house.
The bill is sent to a committee if there are
differences between the House and Senate
versions, and both houses must approve the
committee version of the bill.
The approved bill is sent to the President
The President signs or vetoes the bill.
Congress can override a veto by a 2/3 vote in each
house.
House of representаtives
The Bill is initiated,
discussed, studied,
voted, then
Sent to
4
3
2
1
President
Vetoes or
signs
The Senate
The bill is
studied,
debated and
voted
A Bill Becomes
5 a Law
Legislative
Branch
Oversight
power
Executive
branch
Judicial
Branch
Power of
Judicial
Review
prevents
waste and fraud;
protects civil liberties and
individual rights;
 ensures executive compliance
with the law;
gathers information for making
laws and educating the public;
 evaluates executive
performance.
Committee
inquiries and
hearings;
Formal consultations with and
reports from the president;
Senate advice and consent for
presidential nominations and for
treaties;
House impeachment proceedings
and subsequent Senate trials;
Informal meetings between
legislators and executive officials
It is responsible for administering the
laws passed by Congress
 Term
of Office: Elected by the people, through
the electoral college, to a four-year term;
limited to two terms. Salary: $400,000 per year
as of January 20, 2009
 Inauguration: January 20, following the
November general election.
 Qualifications: Native-born American citizen,
at least 35 years old, and at least 14 years a
resident of the United States.
 Chief Duty: To protect the Constitution and
enforce the laws made by the Congress.
In
the U.S., the president and
legislature are elected separately,
housed separately, they operate
separately – separation of powers.
In the parliamentary systems that
operate in most western
democracies, the national leader
is chosen by the parliament.
To
recommend legislation to
Congress;
 to call special sessions of
Congress;
 to deliver messages to Congress;
 to sign or veto legislation;
to appoint federal judges;
to appoint heads of federal
departments and agencies and
other principal federal officials.
to
appoint representatives to
foreign countries;
to carry on official business
with foreign nations;
to exercise the function of
commander-in-chief of the
armed forces;
 to grant pardons for offenses
against the United States.
Executive branch
President
Executive
office
The Cabinet
Independent
government
agencies




The purpose of the Cabinet is to advise the
President
The Cabinet meets at least once a week to
discuss matters that effect the United States
The 15 Secretaries from the executive
departments and the Attorney General are
nominated by the President, and they must be
approved (confirmed) by a majority vote (51
votes) of the Senate
Executive Department Secretaries and the
Attorney General serve as long as the
President is in office
There are 15 departments in the
executive branch:
Department of State (1789):
Works with other countries.
Department of the Treasury (1789):
Supervises the collection of taxes
and the printing of money.
Department of Defense (1947):
Oversees the armed forces.
Department of Justice (1870):
Enforces the U.S. Government's
laws.
Department of the Interior (1849)
Department of Agriculture (1862)
Department of Commerce (1903)
Department of Labor (1913)
Department of Health and Human Services
(1953)
Department of Housing and Urban
Development (1965)
Department of Transportation (1966)
Department of Energy (1977)
Department of Education (1979)
Department of Veterans Affairs (1988)
Department of Homeland Security (2003)
 Congress
has the power to make laws, but the
President may veto any act of Congress.
Congress, in its turn, can override a veto by a
two-thirds vote in each House.
 Congress can also refuse to provide funds
requested by the President.
 The House of Representatives controls
spending and finance, so the President must
have its agreement for his proposals and
programs.
 The President can appoint officials of his
administration, all federal judges but they
must be approved by the Senate.
 The
President can not declare war
without the approval of Congress.
 Any treatment in foreign affairs
first must be approved by the
Senate.
 The courts have the power to
determine the constitutionality of
all acts of Congress and of
presidential actions.
 The President negotiates treaties
with foreign countries, but the
Senate must approve them.
It is headed by the Supreme Court which
watches over the other two branches.
Its important function is to see whether
the law of Congress and the actions of
the President violate the constitution.
"The judicial power of the United States shall
be vested in one Supreme Court, and such
inferior courts as the Congress may from
time to time ordain and establish.“
Article III of the Constitution
Legislative
Branch
Oversight
power
Executive
branch
Judicial
Branch
Power of
Judicial
Review
The Supreme Court has the power
to declare laws and actions of the
federal, state, local governments
unconstitutional



The Supreme Court has original jurisdiction in
only two kinds of cases: A. those involving
foreign dignitaries and B. those in which a state is
a party.
All other cases reach the Court on appeal from
lower courts.
The power of judicial review is not specifically
provided for by the Constitution, it is a doctrine
stated in the Marbury vs. Madison case of 1803.
In its decision the Court held that "a legislative
act contrary to the Constitution is not law," and
that "it is emphatically the duty of the judicial
department to say what the law is."
Supreme Court
9 judges
No jury
Highest court
All decisions are final
Special
Courts
Court of
International Trade
Court of Federal
Claims
13 Circuit Courts of Appeals
A group of 3 judges
No jury
Higher court
Review district court decisions
94 District Courts
1 judge+ jury
Lower courts
Cases about federal laws and constitutional
rights
13 regional circuit courts of appeal and
the U.S. Court of Appeals for the Federal
Circuit created in 1891
 The courts of appeals review decisions
of the district courts within their areas
 The Court of Appeals for the Federal
Circuit has nationwide jurisdiction to
hear appeals in specialized cases

Congress fixes the boundaries of the
districts according to population, size,
and volume of work – 94 District courts.
 The only federal courts juries decide the
cases
 Hear cases about federal laws and
constitutional rights
 Most cases start and stop at this level

 Federal
courts do not hear cases
arising under the laws of individual
states
 But some cases over which federal
courts have jurisdiction may also
be heard and decided by state
courts
 Both court systems have exclusive
jurisdiction in some areas and
concurrent jurisdiction in others.
This right is given to any person who
thinks that
 His/her rights were violated;
 A rule of a law was not properly
followed;
 All the evidence was not available.
The judge may agree with
 The person and overturn the lower
court decision or
 The lower court and uphold the
decision.
Legislative
Branch
The Power of
Oversight
Review
Executive
branch
Judicial
Branch
The Power of
Judicial
Review
 Congress
can pass a law, the President can
sign it, but the Supreme Court can declare it
unconstitutional.
 Congress can pass a law, but the President
can veto that law.
 The President can veto a new law, but
Congress can override his veto with a twothirds vote of both houses.
 Congress passes the federal budget, but the
President must sign it.
 The President appoints Supreme Court
Justices and his cabinet members, but the
Senate must confirm them.






Supreme Court Justices serve for life, but
Congress can impeach and remove them.
The Supreme Court can declare a law
unconstitutional, but Congress can propose
an amendment to the constitution.
The President negotiates treaties with foreign
countries, but the Senate must approve
them.
The President negotiates treaties with foreign
countries, but the Supreme Court interprets
treaties.
The President controls the army, navy, and
air force, but Congress has the power to
declare war and provide money.
Federal Courts can send a person to prison,
but the President can grant pardons.
Edwards, George C. Government in America: People. Politics, and Policy. 10th ed. New
York, New York: Longman, 2008
Wilson, James American Government: Institutions and Policies. 7th ed. Boston, Houghton
Mifflin, 1998.
http://bensguide.gpo.gov/9-12/government/federalism.html
http://bensguide.gpo.gov/9-12/government/state/index.html
http://www2.census.gov/geo/maps/general_ref/cousub_outline/cen2k_pgsz/pa_cosub.pdf
http://www.usa.gov/
http://wps.ablongman.com/long_edwards_government_11/19/5025/1286463.cw/index.ht
ml
http://www.whitehouse.gov/
http://www.whitehouse.gov/sites/default/files/omb/egov/digital-government/digitalgovernment.html