Overview of the American Government System and Structure
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National Capital - Washington, D.C.
Form of Government- Constitution-Based Federal Republic Suffrage - Universal at age 18 |
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1776 And The Declaration of Independence
The history of the United States began when it was part of a large British colony in North America. At the time there were thirteen colonies that were part of the present-day United States of America. They were Connecticut, Delaware, Georgia, Maryland, Massachusetts, New Hampshire, New York, New Jersey, Virginia, North Carolina, Pennsylvania, Rhode Island, and South Carolina. Representatives from the colonies came together at the Independence Hall in Philadelphia, Pennsylvania and signed the Declaration of Independence on July 4, 1776.
Some people believe that the thirteen colonies declared independence from Great Britain in 1776 and George Washington became the first president shortly thereafter. The reality is much different, and in fact, Washington was not elected to become the first president until 1789. The fight for independence began even before Thomas Jefferson put ideas down on parchment in 1776 and created the Declaration of Independence. Declaring freedom is one thing, but convincing King George III that independence was a good idea took many years of war to achieve. The war for independence was called the American Revolutionary War and it was fought between 1775 to 1783. Most of the fighting
came to an end after the British forces surrendered at Yorktown, Virginia in 1781. Unfortunately, it was not until 1783 that the Treaty of Paris was signed and the war officially came to an end.
The colonies didn't wait for the war to end though before they created their first constitution. This first attempt at a constitution was called the Articles of Confederation. It created a form of government that operated from 1781 to 1789. Unfortunately, the Confederation was a weak form of government that had many flaws. So, in 1787 Congress called for a convention of all the states to revise the way the government operated.
The history of the United States began when it was part of a large British colony in North America. At the time there were thirteen colonies that were part of the present-day United States of America. They were Connecticut, Delaware, Georgia, Maryland, Massachusetts, New Hampshire, New York, New Jersey, Virginia, North Carolina, Pennsylvania, Rhode Island, and South Carolina. Representatives from the colonies came together at the Independence Hall in Philadelphia, Pennsylvania and signed the Declaration of Independence on July 4, 1776.
Some people believe that the thirteen colonies declared independence from Great Britain in 1776 and George Washington became the first president shortly thereafter. The reality is much different, and in fact, Washington was not elected to become the first president until 1789. The fight for independence began even before Thomas Jefferson put ideas down on parchment in 1776 and created the Declaration of Independence. Declaring freedom is one thing, but convincing King George III that independence was a good idea took many years of war to achieve. The war for independence was called the American Revolutionary War and it was fought between 1775 to 1783. Most of the fighting
came to an end after the British forces surrendered at Yorktown, Virginia in 1781. Unfortunately, it was not until 1783 that the Treaty of Paris was signed and the war officially came to an end.
The colonies didn't wait for the war to end though before they created their first constitution. This first attempt at a constitution was called the Articles of Confederation. It created a form of government that operated from 1781 to 1789. Unfortunately, the Confederation was a weak form of government that had many flaws. So, in 1787 Congress called for a convention of all the states to revise the way the government operated.
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The American Constitution
James Madison, the principal author of the Constitution, is known as the “Father of the Constitution.” The Constitution was signed in 1787 in Philadelphia, Pennsylvania. But, the Constitution had to be ratified (agreed to) by 9 of the 13 state legislatures before it could begin to be used. Delaware was the first state to ratify the Constitution in 1787. The Constitution was ratified by the 9th state in 1788 and the country began to operate under the new Constitution in 1789. The laws enacted under the Constitution have created the system that we use today. The Constitution begins with a long sentence, called the preamble, which states exactly why the new government was being formed: "We the People of the United States, in order to form a more perfect Union, 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." |
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There are six basic ideas that are generally associated with American Constitution.Limited Government
Republicanism
Federalism
Popular Sovereignty
Checks and Balances
Separation of Powers
The first three of the seven articles of the Constitution describe the separation of powers:
- Article I of the Constitution defines the structure and responsibilities of the legislative branch of the government, which is headed by Congress. The primary responsibility of Congress is to make the laws of the nation.
- Article II of the Constitution defines the executive branch and the duties of the President. The President’s responsibility is to enforce the laws of the nation. The Constitution directs the President to "take Care that the Laws be faithfully executed..." The President also has to power to sign or veto legislation that has been passed by Congress.
- Article III of the Constitution defines the responsibilities judicial branch of government. The judicial branch consists of the court system, which is headed by the Supreme Court. It consists of nine justices who are appointed by the President for life. The Supreme Court's primary responsibilities are to ensure that the nation's laws are constitutional and to ensure that the rights of people are not violated.
Republicanism
Federalism
Popular Sovereignty
Checks and Balances
Separation of Powers
The first three of the seven articles of the Constitution describe the separation of powers:
- Article I of the Constitution defines the structure and responsibilities of the legislative branch of the government, which is headed by Congress. The primary responsibility of Congress is to make the laws of the nation.
- Article II of the Constitution defines the executive branch and the duties of the President. The President’s responsibility is to enforce the laws of the nation. The Constitution directs the President to "take Care that the Laws be faithfully executed..." The President also has to power to sign or veto legislation that has been passed by Congress.
- Article III of the Constitution defines the responsibilities judicial branch of government. The judicial branch consists of the court system, which is headed by the Supreme Court. It consists of nine justices who are appointed by the President for life. The Supreme Court's primary responsibilities are to ensure that the nation's laws are constitutional and to ensure that the rights of people are not violated.
The American Bill of Rights
The first 10 amendments to the Constitution were also written by James Madison. These first ten amendment are called the
Bill of Rights. Note- The actual wording is provided and is followed by a kid-friendly version of each amendment.
1st Amendment "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
This amendment protects the following freedoms:
2nd Amendment "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - This amendment protects the right to bear arms.
3rd Amendment "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."
-This amendment prohibits the government from quartering troops in private homes unless certain requirements are met.
4th Amendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
- This amendment protects the rights of citizens by preventing unreasonable searches and seizure of private property.
Note- The police need to have a search warrant that is issued by a judge in order to make most searches outside of public areas. The judge makes his or her decision based on probable cause (PC).
5th Amendment "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
- This amendment protects citizens from being prosecuted in the courts without due process.
7th Amendment "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
- This amendment provides that civil cases will be tried by a jury.
The first 10 amendments to the Constitution were also written by James Madison. These first ten amendment are called the
Bill of Rights. Note- The actual wording is provided and is followed by a kid-friendly version of each amendment.
1st Amendment "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
This amendment protects the following freedoms:
- freedom of religion
- freedom of speech
- freedom of the press
- freedom of assembly
- the right to petition the Government for a redress of grievances
2nd Amendment "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - This amendment protects the right to bear arms.
3rd Amendment "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."
-This amendment prohibits the government from quartering troops in private homes unless certain requirements are met.
4th Amendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
- This amendment protects the rights of citizens by preventing unreasonable searches and seizure of private property.
Note- The police need to have a search warrant that is issued by a judge in order to make most searches outside of public areas. The judge makes his or her decision based on probable cause (PC).
5th Amendment "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
- This amendment protects citizens from being prosecuted in the courts without due process.
7th Amendment "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
- This amendment provides that civil cases will be tried by a jury.
Two of the Seventeen Additional Amendments To The Constitution
More amendments have been added to the Constitution since 1791. These are among the most important amendments passed after the Bill of Rights. Note that the 27th Amendment was passed in 1992 and was the successfully added.
A few of the amendments are listed below:
13th Amendment "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." This amendment - prohibits slavery.
14th Amendment "guarantees equal protection of the laws" - prohibits depriving any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Note- This important amendment is often cited when the Supreme Court determines that certain laws are unconstitutional.
More amendments have been added to the Constitution since 1791. These are among the most important amendments passed after the Bill of Rights. Note that the 27th Amendment was passed in 1992 and was the successfully added.
A few of the amendments are listed below:
13th Amendment "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." This amendment - prohibits slavery.
14th Amendment "guarantees equal protection of the laws" - prohibits depriving any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Note- This important amendment is often cited when the Supreme Court determines that certain laws are unconstitutional.
The Three Branches of the Federal Government
The Legislative Branch
The Legislative branch of the United States Government is described in Article I of the United States Constitution. It gives them the critical task of making the laws of the nation. The actual structure of Congress came about as a result of an agreement called "The Great Compromise." This called for equal state representation in the Senate and representation based on population in the House of Representatives. There are a total of 535 members of Congress.
The United States Senate
One hundred of these members work in the United States Senate. Each state elects two senators to represent them for six year terms.
The United States Senate
One hundred of these members work in the United States Senate. Each state elects two senators to represent them for six year terms.
Bills that are introduced first to the Senate begin with an "S" and are followed by a number. Constitutionally speaking, the Vice-President
heads the U.S. Senate. In reality, he rarely does. Thus, the Constitution states that the president pro tempore will preside over the
Senate in the absence of the vice president.
The United States House of Representatives
The other 435 members are work in the United States House of Representatives. Citizens elect these members of Congress to serve
two year terms of office. As stated above, this part of Congress is different in that number of Representatives from each state depends
on the state population. The population is determined by a national census that takes place every ten years. Thus, some states that have fewer people have fewer Representatives in Congress and vice-versa. For example, Alaska and several other states have only one representative, while Texas has 36 representatives. California has the highest number of representatives with fifty-three. Bills that originate in the House of Representatives begin with the letters "H.R." and are followed by the bill number.
Example of Legislation Passed By Congress - The Social Security Act of 1935
This important law came about during the Great Depression. During this time many people lost their jobs and many businesses,
including banks, went bankrupt and out of business. In the case of banks, many people lost all of the money that they had saved in the
bank when it went out business. This left many people without jobs or savings. One way to overcome this huge problem was the creation of the Social Security system.
The Social Security Act of 1935 began in the U.S. House of Representatives as H.R. 7260. President Franklin D. Roosevelt signed it
into law on August 14, 1935. The Preamble to the Act states that "An act to provide for the general welfare by establishing a system of Federal old-age benefits..." The Act also provided for several other important benefits for citizens and the states.
A simplified explanation of this system is that workers pay a portion of their income to the Social Security Trust Funds. This money
accumulates over the decades as the person earns wages and pays into the system. Once the person reaches retirement age, around
age 66, they start to receive Social Security benefit payments. The amount that is paid to the retired worker each month depends on
several factors, but it is determined in large part by the amount that the worker contributed to the fund.
The average monthly benefit paid to Social Security recipients in January of 2015 was $1,328 per month.
heads the U.S. Senate. In reality, he rarely does. Thus, the Constitution states that the president pro tempore will preside over the
Senate in the absence of the vice president.
The United States House of Representatives
The other 435 members are work in the United States House of Representatives. Citizens elect these members of Congress to serve
two year terms of office. As stated above, this part of Congress is different in that number of Representatives from each state depends
on the state population. The population is determined by a national census that takes place every ten years. Thus, some states that have fewer people have fewer Representatives in Congress and vice-versa. For example, Alaska and several other states have only one representative, while Texas has 36 representatives. California has the highest number of representatives with fifty-three. Bills that originate in the House of Representatives begin with the letters "H.R." and are followed by the bill number.
Example of Legislation Passed By Congress - The Social Security Act of 1935
This important law came about during the Great Depression. During this time many people lost their jobs and many businesses,
including banks, went bankrupt and out of business. In the case of banks, many people lost all of the money that they had saved in the
bank when it went out business. This left many people without jobs or savings. One way to overcome this huge problem was the creation of the Social Security system.
The Social Security Act of 1935 began in the U.S. House of Representatives as H.R. 7260. President Franklin D. Roosevelt signed it
into law on August 14, 1935. The Preamble to the Act states that "An act to provide for the general welfare by establishing a system of Federal old-age benefits..." The Act also provided for several other important benefits for citizens and the states.
A simplified explanation of this system is that workers pay a portion of their income to the Social Security Trust Funds. This money
accumulates over the decades as the person earns wages and pays into the system. Once the person reaches retirement age, around
age 66, they start to receive Social Security benefit payments. The amount that is paid to the retired worker each month depends on
several factors, but it is determined in large part by the amount that the worker contributed to the fund.
The average monthly benefit paid to Social Security recipients in January of 2015 was $1,328 per month.
The Executive Branch
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The President of the United States
The President's office is referred to the "oval office" and it is located in the west wing of the White House. The White House is
located at 1600 Pennsylvania Avenue in Washington, D.C. and is perhaps the most famous address in America. The President has the authority to sign bills into law that have been passed by the Congress. If the President agrees with the law, he or she may sign it, making it law. The bill then becomes a "P.L." (public law) and is assigned a number. If the President does not like the bill, he or she has several options including the use of a veto. The President selects several qualified people to lead the various departments within the government. The leaders of these 15 executive departments are referred to as the "Secretary of" the departments that they head. The only exception is the Department of Justice, that is headed by the Attorney General of the United States.
The State of the Union Address
A yearly task for the President is to address Congress about how the country is doing and what policies and goals should be achieved.
This requirement is found in the Constitution under Article II and directs that the President "shall from time to time give to the Congress
Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient."
Several past Presidents wrote to Congress to fulfill this obligation. But starting in the early 1900s Presidents went back to President
Washington's method of speaking directly to Congress. Over time this came to be known as the State of the Union Address.
The State of Union Address is traditionally given in January. The President travels the short distance to the Capitol and speaks to a joint
session of Congress (the House of Representatives and the Senate). Many other important people are also present in the audience. The President's Cabinet secretaries, Supreme Court Justices, as well as the top military leaders are also present. Several ambassadors from friendly countries are usually invited to as well.
Interestingly, one Cabinet secretary is usually not invited to attend the State of the Union Address. Instead, he or she is located away from Washington, D.C. in a secure location. This is done to ensure that there is always a person who can assume the duties of the President in the unlikely event that the country is attacked and the leaders are unable to carry out their duties.
The Vice President of the United States
The Vice President of the United States is elected on the same "ticket" as the President. This means that the candidates for President
and Vice President are from the same political party. The primary responsibility of the Vice President is to be "ready at a moment's notice to assume the Presidency if the President is unable to perform his duties." A second major responsibility of the Vice President is that of President of the United States Senate. The Vice President does not usually reside over the Senate on a day-to-day basis, but he or she can cast a the deciding vote if there is a tie vote in the Senate. The Vice President has two offices that he uses to perform his duties and responsibilities. One of the Vice President's offices is located in the West Wing of the White House. A second office is located next door at the Eisenhower Executive Office Building.
The official residence of the Vice President is located at the United States Naval Observatory in Washington, D.C..
Electing a President and the Electoral College
Every four years in November Americans go to the polls and elect a President. The U.S. Constitution states that the election will be held on the Tuesday after the first Monday in November.
But first, the two major political parties, the Democratic Party and the Republican Party, determine who their candidates is going to be in the general election. This is done by having voters in all 50 states and the territories elect delegates who represent them at their respective political conventions. Political conventions are generally held in the summer before the November general election.
Their are two methods that are used to choose delegates- caucuses and primaries. Caucuses are local meetings where citizens can speak in favor of their desired candidates and then they vote on their favorite candidate. A primary mirrors the general election voting method in that citizens cast votes in private for the candidate of their choice. Delegates are then awarded based on the people's choice. Each party determines their own rules and procedures for nominating a candidate in the November general election. The Democratic Party awards delegates based on the percentage of votes that a candidate received. The Republican Party has a different set of rules. Some of their delegates are awarded based on the percentage that each candidate received, while others are "winner take all" primaries and caucuses.
The goal of each method is for each party to vote and determine which candidate the state will support at the party national convention. Party national conventions can be thought of as nominating conventions but with a huge pep-rally atmosphere.
The Democratic National Convention for 2016 was held in Philadelphia, Pennsylvania from July 25th to July 28th. The successful Democratic candidate needed 2,383 delegates to nominate them in order to become the candidate for the general election.
The Republican National Convention was held in Cleveland, Ohio from July 18th to July 21st. The Republican candidate needed
1,237 delegates to win the Republican nomination.
Primaries and caucuses some offer Americans their only opportunity to participate in the Presidential election. American territories and possessions outside of the United States are not allowed to vote in the general election. But, the major political parties allow people in these places to hold caucuses and send delegates to their national conventions. In the 2016 primary season residents in American Samoa, Northern Mariana Islands, the Virgin Islands, Guam, and Puerto Rico were able to participate and will send delegates to the conventions.
The candidates who are nominated by their political parties in July will be placed on the ballot for the November general election. It is
important to understand that there are several different political parties in the United States and more than two candidates running for
President.
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When Americans go into the voting booth they are not voting directly for the next President of the United States! Instead, voters are actually voting for electors who pledge to vote for specific candidates!
The United States Constitution dictates the procedures that will be used to determine who will be the next President.
Article II of the United States Constitution
Section 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
Twenty-Third Amendment to the U.S. Constitution
Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State...
There are 538 electors in the Electoral College. Each states has the same number of electors as the total number of Senators and Representatives in Congress. For examples, each state has two Senators. But the number of Representatives varies depending on the state's population. States with larger populations have more Representatives, states with fewer people have less. Seven states have smaller populations and have only one Representative in the House of Representatives. In accordance with the 23rd Amendment, the District of Columbia is thus allotted three electors. The 535 electors from the states plus the three from the District of Columbia brings the total to 538.
Each state is responsible for conducting their state's general election. Following the election, the Governor of each state creates a
“Certificate of Ascertainment” and announces the results of the election. This document includes the names of the candidates and
the electors who will represent them at a meeting that is held in December. The December meeting is necessary to complete the
process and to submit a “Certificate of Vote” to Congress.
On January 6th a joint session of Congress is held where certificates are read and votes are counted. Once this is completed the final results are announced by the Vice President. The winning candidate, called the President-elect, is sworn in and officially becomes President on January 20th.
Interestingly, the candidate who wins the popular vote, actual votes by the citizens, does not always win the election! How does this happen? Most of the states have "winner take all" rules regarding their electors and it can impact the final results of the election. For example, in the 2000 election Democrat Al Gore received 50,992,335 votes but only ended up with 266 electoral votes. His Republican rival, George W. Bush, received 50,455,156 votes and ended up with 271 electoral votes. The same thing had happened in the 1824, 1876, and 1888 elections!
That fact that this has happened so many times is perhaps the biggest criticism of the Electoral College.