POLITICAL SYSTEM

CONSTITUTION AND THE BILL OF RIGHTS

• Constitution of the USA: the fundamental law of the US federal system of government and a landmark document of the Western World. The oldest written national constitution in use; the Constitution defines the principal organs of government and their judications and the basic right of citizens.

• First `constitution': Articles of Confederation(1781)

• Creating by the Founding Fathers (Thomas Jefferson, George Washington, Alexander Hamilton, James Madison, John Jay, Benjamin Franklin) and adopted in March 1789 (during the Constitutional Convention in Philadelphia).

• consist of a preamble, 7 articles, 27 amendments

Four constitutional principles:

• popular control without majority rule

• the limitation of government power: it is derived from the people over whom it rules

• Federalism - a system of government in which the same territory is controlled by two levels of government (it the US federal and state governments)

• Tripartite government:

• expressed in the first three articles of the Constitution

• the power is divided between the legislative, the executive and the judiciary branches (the, so called, `separation of power')

AMENDMENTS:

• 2/3 of Congress proposes the amendment; it must be ratified within 7 years

• 27 altogether

• 1^st amendment: freedom of speech, religion, assembly

• 2^nd amendment: the right to bear arm

• 3^rd amendment: troops cannot be quartered in private homes without the owner's consent

• 4^th amendment: privacy rights (prohibition unreasonable searches)

• 5^th amendment: nobody care be tried twice for the same offence

• 6^th amendment: the right to public trial

• 7^th amendment: the right to trial by jury

• 8^th amendment: prohibit excessive punishes

OTHER IMPORTANT AMENDMENTS

• 13^th and 14^th amendments: abolished slavery in the US and grated the African American citizenship rights

• 18^th and 21^st amendments: prohibition of alcohol and repealing it

• 22^nd amendment: the same President can be elected only for two terms

• 15^th, 19^th, 22^nd amendments: securing voting rights

FEDERAL SYSTEM

• Powers of National Government Delegated

• levy tariffs and taxes

• regulate trade

• coin money

• maintain armed forces

• declare war

• establish post offices

• establish courts

• Concurrent powers:

• maintain law and order

• levy taxes

• borrow money

• take land for public use

• provide for public welfare

• Power of state government reserved

• tax citizens

• control public education

LEGISLATIVE BRANCH

• the legislative power is held by the Congress of the USA, consisting of the House of Representatives and the Senate, residing in the Capital

HOUSE OF REPRESENTATIVES:

• consist of 435 members, proportional representation of all states based on population (+6 non-voting members representing the District of Columbia, Commonwealth of Puerto Rico and other territories of the USA)

• elected each 2 years

• serves for 2 years

Speaker of the House (Rep. John Boehner)

• The Congress is made of two parties, the majority party chooses the Speaker and the majority leader (Rep. Eric Cantor). The minority chooses the minority leader.

• To became a representative:

• be at least 25 years old

• be a citizen of the USA for at least 7 years

• be a resident of one's district

• Committees: most of the work is done in committees; there are 26 of them, e.g. Agriculture, Workforce.

THE SENATE

• made up of 100 senators (2 per each state)

• each 2 years 1/3 stands up for re-election

• senator's term lasts 6 years

• Vice-President is the President of Senate

• To become a Senator:

• be at least 30 years old

• be a citizen of the USA at least 9 years

• be a resident of one's states

• The President of Senate: Joe Biden

• The House of Representatives:

• introduce legislation concerning the finances (also approve any treaty that concerns foreign trade)

• introduces impeachment charges

• approves appointments to the Vice Presidency

• The Senate:

• ratifies treaties

• tries impeached officials

• approves presidential nominations for high offices/ambassadors

Impeachment: an attack on the credibility of a witness for reasons relating to the prior inconsistent testimony or evidence of lying.

LEGISLATURE PROCEDURE

		Bill is rejected
Bill	Senate or House Committee First Reading	or
		Committee meeting
The House of Representatives Second Reading	the amended Bill	[possible amendments]
		Bill defeated
[possible amendments]	Third Reading: voting over the Bill	or
		The Bill goes to the Senate for the same procedure

If there are further amendments, join committee of the two Houses work out a compromise version.

		The Bill becomes law
The compromise version	The President signs or vetoes Bill
		The bill is sent back to the House. Presidential veto may be overridden by 2/3 voting for the bill in each house.

EXECUTIVE BRANCH

PRESIDENT

• chosen in the nationwide elections through an electoral college, out of the candidates suggested by the parties

• can serve max. two terms, four year each

• to stand for election: be native-born American, be at least 35

• presidential elections:

• held in the years divisible by 4 (e.g. 2012)

• primary election (mid-summer)

• nomination of the candidates at the party conventions

• general elections (November)

• meeting of Electoral College (December), each state chooses as many electors as it has senators and representatives, they choose the president from those who won the largest popular vote

• presidential term begins on 20 January

• presidential oath (at inauguration of the office)

• current president: Barack Obama

Functions and duties:

• Chief and leader: chief of state, chief executive, commander in chief, chief of the armed services, chief of his party, the leader of American nation

• Guardian and lawmaker: protect the constitution, guardian at the national economy, enforces the law made by the Congress, can veto bills

• advisor: can recommend some laws, call special sessions of the Congress, deliver messages to the Congress, grant pardons of offenders against the USA

• appoints: federal judges, heads of federal departments and agencies, and other principal federal officials, representative to other countries

• manages national affairs and foreign policy

• can be impeached and removed from the office for `high crimes' (Richard Nixon)

VICE PRESIDENT

• elected from the same party as the President

• chairman of the Senate

• first in line to take up the office in case of the President's death or disability (e.g. Lyndon B. Johnson on Kennedy's death)

• The Vice President: Joe Biden

EXECUTIVE DEPARTMENTS

• officials selected through the Civil Service system

• heads of 15 departments (secretaries) from the President's cabinet (advisory body)

• exception: head of the Justice Department is the Attorney General

• departments are divided into divisions, bureaus, offices and services

• The Department of State (John Kerry)

• DOS advices the President in the formulation and execution of foreign policy and promotes the long-range security and well-being of the USA

• The Department of Treasury (Neal S. Wolin)

• is responsible for the production of coin and currency, the disbursement of payments to the American public, the collection of taxes and the borrowing of funds necessary to run the federal government

• The Department of Defence (Leon E. Panelta)

• is responsible for providing the military forces needed to deter war and protect the security of the US

• The Department of Justice (Eric H. Holder Jr.)

• is responsible for the protection against criminals and subversion, ensuring healthy business competition, safeguarding the consumer and enforcing drugs, immigration and naturalization laws

• The Department of Labour (Seth D. Harris)

• promotes the welfare of the job seekers, wage earners and retires of the USA by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, etc.

• The Department of the Interior (Kenneth L. Salazar)

• manages the Nation's public lands and minerals, national parks, national wildlife refuges and western water resources and upholds Federal trust responsibilities to Indian tribes and Alaskan natives

• The Department of Health and Human Service (Kathleen Sebelius)

• function of the hospitals

• The Department of Education (Arne Duncan)

• promotes student achievement and preparation for global competitiveness by festering educational excellence and ensuring equal access to education

• The Department of Commerce (Rebecca Blank)

• encourages, serves and promotes the Nation's international trade, economic growth and technological advancement

• The Department of the Energy (Steven Chu)

• maintain a secure and reliable energy system that is environmentally and economically sustainable and is responsible for the Nation's nuclear weapons

INDEPENDENT AGENCIES

• CIA (Central Intelligence Agency) - co-ordinates data gathering and ensuring the national safety.

• USPS (United States Postal Services) - provides mail processing and delivering services to individuals and businesses within the USA.

• EPA (Environmental Protection Agency) - protect human health and safeguards the natural environment.

• The Federal Reserve System - the central bank of the USA maintains the safety and soundness of the Nation's economy. responding to the Nation's domestic and international . . . ? financial.

• NASA (The National Aeronautics and Space Admiration) - to pioneer the future in space exploration, scientific discovery and aeronautic research.

• National Foundation on the Arts and the Humanities - national policy of support for the humanities and the arts of the USA and for institutions which preserve the cultural heritage.

• Peace Corps - to help promote better mutual understanding between Americans and citizens of other countries.

• ONDCP (Office of National Drug Control Policy) - reduces illicit drug use, manufacturing and trafficking, drug-related crime and violence and drug related health consequence.

POLITICAL PARTIES

DEMOCRATS vs. REPUBLICANS

(donkey) (elephant)

The symbols originated In 1870s with the political cartoons of Thomas Nast.

There are many smaller parties, but Republicans and Democrats are the most important.

• Green Party

• Libertarian Party

• Independent American Party

• Marijuana Party

Democratic Party originated In 1790, as an Anti-Federalist Party of Thomas Jefferson favours active federal government liberal supported by ethnic and religious minorities

Republican Party (a.k.a GOP - Grand Old Party) originated In 1850s with A. Lincoln favours big business and industry, private initiative preaches little federal involvement in public life conservative supported by WASPS and the rich

National Convention parties meet every 4 years to nominate the presidential candidates and determine their policy.

• represented by National Committees.

• congressional campaign Committees raise funds to support candidates

• mid-term elections allow to express support of/dissatisfaction with the majority party

• in each midterm election, one-third of the 100 senators (who serve six year terms) and all 435 members of the House of Representatives (who serve for 2 years) are up for re-election.

`Red ` states vs. `Blue' states:

• red associated with Republicans and blue with Democrats Since 2000

• on average in 2012 Gallup Daily tracking 45% of all USA adults identified as Democrats or leaned Democrats and 41% identified as Republicans or leaned Republicans

• geographically, the partisan orientation of the states in 2013 shows Democrats maintaining a stronghold in the Northeast and on the Pacific Coast, while the Republican do best in the centre of the country and the South

Party ID by State 2012

Solid Democratic : NY, NJ

Lean Democratic: ME, PA, NM, OR, WA

Competitive:

Lean Republican: MS, OK

Solid Republican: AK, AL., North-West

FOREIGN & DOMESTIC POLICY

(agenda as of 12 Feb 2013)

Foreign affairs	Domestic affairs
gradual withdrawal of half of the troops from Afghanistan support for anti-Islamists In Africa	reduce pollution, prepare our committees for the consequences of climate change and speed the transition to more sustainable sources of energy

JUDICIAL BRANCH

(zdjęcie) Judicial Branch The Supreme Court Washington DC

	SUPREME COURT
Legislative Courts, Courts of Military Appeals, etc.	12 Courts of Appeal	Courts of Appeals for the Federal Circuit
Independent Regulatory Agencies	94 district courts	Specialized Courts vs. Claims Court, etc.

The Supreme Court:

• made of a Chief Justice (John G. Roberts, Jr.) and 8 associate judges, appointed for life by the President

• decides in cases:

• in which the state is a party

• concerning foreign diplomats

• as the ultimate court of appeal in the cases from the lower courts

• connected with the conformity of the government decisions with the Constitution

Courts of Appeal:

• review the cases from district courts, the US Tax Court and some federal administrative agencies

State Courts:

• handle criminal and civil cases

LAW ENFORCEMENT

• Law enforcement is in charge of the Department of Justice (the Executive Branch), headed by the Attorney General.

• supervises and directs the work of local attorneys and marshals, and operating federal penal and correctional institutions

• investigates violations of the law

• there are separate federal law enforcement agencies (or bureaus) for separate fields, e.g. drugs, firearms, immigration

The Federal Bureau of investigation (FBI):

• founded In 1908

• investigates all criminal matters not assigned to other law enforcement agencies, eg. kidnapping, assassination

• protects the state from terrorist attack, against foreign intelligence operations, high-technology crimes

• combats corruption, criminal organizations, major white-collar crimes and violent crimes

• supports other law- enforcement agencies (also international)

• protect civil rights

• bent on technology upgrade

CRIME PREVENTION:

• crime on the rise: arson, robbery, aggravated assault, violent crime, theft

• major cause of violence - gun ownership

• dangerous neighbourhoods: Camden, NJ, St. Louis, Chicago, Atlanta, Las Vegas, Philadelphia, Chattanooga, New Orleans, Miami.

• Top most dangerous cities 2012:

1.Detroit MI

2.St.Louis MO

3.Oakland CA

4.Memphis TN

5.Brimingham AL

6.Atlanta GA

7.Baltimore MD

8.Stockton CA

9.Cleveland OH

10.Buffalo NY

STATE AND LOCAL POLICE:

• state police: general jurisdiction of the area.

• sheriffs: detect and arrest criminals, administer county jails, execute court orders, may be assisted by deputies and constables

• The State Militia: consist of the reserve and National Guard.

• Municipal police: operate in large cities.

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