U.S. Government (Quick Study: Academic) 1423218493, 9781423218494

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What Kind of Country Is the United States? “A Republic…if you can keep it!” —Benjamin Franklin I. The U.S. is a federal republic where the power to govern is based on the consent of the people and governmental power is established and limited according to the Constitution A. The federal government is established by Articles I, II, and III of the Constitution, which divides its powers into three separate branches: legislative, executive, and judicial; the power of the federal government is based on the sovereignty of its citizens to choose their representatives and to consent to their policy choices; the powers of the federal government are established and enumerated in the Constitution and based on the doctrine of separation of powers and a system of checks and balances: 1. The doctrine of separation of powers divides federal power into the legislative, executive, and judicial powers to ensure no one branch of government will tyrannize over another or over the liberty of the people 2. The right of each branch of government to limit or consent to the activities of another—known as the system of checks and balances—ensures that these separations are meaningful and that no branch of government may encroach on the powers of another B. The powers of the several state governments are established by their own constitutions and based on the sovereignty of each citizen; however, the Constitution places limitations on the power of state governments by making all federal laws supreme over state laws (Article VI, Clause 2), requiring all states to recognize certain civil rights and liberties (Fourteenth Amendment), and mandating all states guarantee a republican form of government (Article IV, Section 4, Clause 1) II. The powers of the federal and state governments A. Enumerated powers: The powers of the federal government as defined in Article I, Section 8, of the Constitution, such as the power to tax and borrow money; of these, certain powers can only be exercised by the federal government, such as declaring war, ratifying treaties, conducting foreign relations, and regulating interstate commerce B. Implied powers: Those federal powers not directly enumerated but established through an interpretation of Article I, Section 8, Clause 18 (the Necessary and Proper Clause) C. Concurrent powers: Powers that both the federal and state governments may exercise independently of each other, such as the power to tax, borrow money, and organize lower courts D. Reserved powers: The powers not directly enumerated or implied as federal are reserved to the state governments (Tenth Amendment); traditionally, these have been considered to be general police powers to legislate the health, welfare, and safety of citizens within a state E. Relations with other states: “Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State” (Article IV, Section 1) 1. Each state is bound to honor the laws of others 2. Each state must grant all “privileges and immunities” of the state to those from other states, such as recognizing marriages, property rights, and drivers’ licenses 3. Oversight of interstate transactions is vested in the federal Congress; NOTE: Oversight here means overseeing, not omission

WORLD’S #1 ACADEMIC OUTLINE

The Three Branches of the Federal Government I. Legislative: Makes the laws of the land; represented by two bodies—the House of Representatives and the Senate; together, these make up Congress II. Executive: Oversees the execution of the laws and the administration of government III. Judiciary: Interprets the laws of the land as stated or implied by the Constitution

The Legislative Branch – Congress I. The House of Representatives A. The federal body most directly democratic, as it is apportioned by population and elected directly by the people B. Originally had no fixed number of members but allowed each state a number of representatives proportional to its population, elected for a two-year term from districts established within the state 1. In 1911, the number of representatives was first fixed at 435 by Congress; the Constitution guarantees each state at least one representative 2. A 1964 Supreme Court decision mandated states apportion their districts equally to respect the idea of “one man, one vote” and ensure equal representation in all districts (Reynolds v. Sims) 3. Every 10 years, after the census is conducted, all states are required to reapportion their districts according to the revised state populations; in 2012, each House member will represent approximately 710,000 people C. Leadership positions in the House 1. Speaker of the House a) Elected by the majority party b) Presides over the House c) Principal leader (over majority leader) of party d) Third in line of succession (after vice president), in the event that the president and vice president are both unable to serve e) Assigns bills to committees f) Influential in assigning chairs and membership within committees 2. Majority leader: Also elected by the majority party, the majority leader is in charge of scheduling votes and helps to formulate policy 3. Majority “whip”: As the name implies, responsible for party discipline, keeping members in line on votes, and generally enforcing proper party behavior 4. Minority leader and minority “whip”: Perform the functions listed previously but for the minority party D. Powers of the House 1. Introduces legislation, which, if passed, moves on to Senate for approval 2. Originates all spending and taxation legislation, often referred to as “the power of the purse” 3. Has the sole power to indict the president on charges of “high crimes and misdemeanors,” known as impeachment 4. Approves by two-thirds vote any constitutional amendments prior to state ratification E. Structure of the House 1. Because the House of Representatives is so large, almost all early work is done by committees before being brought to the full House for a vote 2. Standing (permanent) House committees: 1

NOTE: These are the current House committees; the House can establish or dissolve committees and subcommittees as circumstances warrant a) Agriculture: http://agriculture.house.gov b) Appropriations: http://appropriations.house.gov c) Armed Services: http://armedservices.house.gov d) Budget: http://budget.house.gov e) Education and the Workforce: http://edworkforce.house.gov f) Energy and Commerce: http://energycommerce.house.gov g) Ethics: http://ethics.house.gov h) Financial Services: http://financialservices.house.gov i) Foreign Affairs: http://foreignaffairs.house.gov j) Homeland Security: http://homeland.house.gov k) House Administration: http://cha.house.gov l) Judiciary: http://judiciary.house.gov m) Natural Resources: http://naturalresources.house.gov n) Oversight and Government Reform: http://oversight.house.gov o) Rules: http://www.rules.house.gov p) Science, Space, and Technology: http://science.house.gov q) Small Business: http://smallbusiness.house.gov r) Transportation and Infrastructure: http://transportation.house.gov s) Veterans’ Affairs: http://veterans.house.gov t) Ways and Means: http://waysandmeans.house.gov u) Intelligence: http://intelligence.house.gov (a permanent select committee) 3. The major and most powerful of the standing (permanent) House committees are: a) Rules 1) Due to the size of the House, sets rules to limit and organize debate 2) Is closely linked to the speaker and majority party and serves their interests in forwarding a legislative agenda 3) Can delay or stop a bill from consideration by the whole House by not voting it out of committee 4) Can be overridden by a discharge petition signed by a minimum of 218 members (simple majority) b) Ways and Means 1) Oversees all federal taxation and revenue measures 2) Oversees Social Security, Medicare, welfare, and federal unemployment programs 3) Oversees trade and tariff regulations c) Appropriations: Decides whether bills that require federal spending will be funded 4. Additionally, the House can establish: a) Select committees: For a limited purpose, which may last for several Congresses, as needed b) Joint committees: Combining members from both House and Senate c) Conference committees: Temporary joint committees to resolve differences between House and Senate versions of a bill (see How a Bill Becomes a Law) II. The Senate A. Has two members from each state, regardless of population, who serve for six years; the terms of senators are staggered so that only one-third of the body is up for reelection every two years B. Designed to act as a check on laws representing the interests of the “few” (House districts) by having a clear overview of the “many” (the state as a whole) C. Leadership positions in the Senate 1. Vice president of the U.S. a) Officially “president” of the Senate b) Largely a ceremonial role, as it is usually a nonvoting position, but occasionally the most important vote in the Senate: in the rare event of a tie, the vice president casts the deciding vote 2. President pro tempore (“pro tem”) a) Almost entirely a ceremonial title b) Usually granted to the most senior member of the majority party c) Presides when the vice president is unavailable and signs legislation on behalf of the Senate d) Otherwise has the same power as any other senator

The Legislative Branch – Congress (continued) 3. Majority leader a) The true power in the Senate b) Elected by Senate members of his/her party c) The most visible member of the Senate d) Often meets with, and acts in concert with, the speaker of the house and the president 4. Minority leader and majority/minority “whips”: Function in much the same way as their House counterparts D. Powers of the Senate 1. Provides “advice and consent” (i.e., final approval) on presidential nominees for virtually all positions, including Supreme Court justices, federal court judges, ambassadors, secretaries of cabinet posts, etc. 2. Ratifies all treaties (by two-thirds vote) 3. Has the sole power to remove a president from office by approving articles of impeachment presented by the House by a two-thirds vote 4. Votes on all bills and legislation sent from the House; more often than not, the Senate amends such bills before passage, requiring a return to the House, which either votes for the amended bill or continues to revise it (see How a Bill Becomes a Law)

5. A single senator, wishing to block a vote on legislation, can hold the floor indefinitely, or filibuster, bringing all other work of the Senate to a halt a) A three-fifths vote for cloture (a call to close the issue and vote) by the entire membership of the Senate is the only way to halt a filibuster, short of giving the senator in question what he/she wants b) Based on a rule that allows unlimited debate on any measure, the filibuster reflects the power of each individual senator and of the minority in the Senate E. Structure of the Senate 1. Like the House, the Senate relies on committees to do most of the preliminary work prior to a vote on legislation 2. The majority of members of these committees represent the majority party 3. The chair of each committee is usually the senior majority member of that committee

The Executive Branch – President & Vice President I. The president A. Does not make laws but can issue executive orders, which are designed to implement those laws already on the books, as interpreted by the president B. Serves up to two 4-year terms 1. Until 1951, with the passage of the Twenty-Second Amendment, there was no legal limit on the number of terms a president could serve, but tradition held it to two, the number of terms George Washington served before retiring 2. Franklin D. Roosevelt’s unprecedented four terms (1933–1945) prompted Congress and the states to make the two-term tradition the law of the land C. The powers of the president, as enumerated in Article II of the Constitution, are to: 1. Serve as commander-in-chief of the armed forces 2. Commission officers 3. Convene Congress in special sessions 4. Grant reprieves and pardons (only in federal cases and barring impeachments) 5. Receive ambassadors and representatives of foreign governments 6. Oversee the faithful execution of the laws of the land 7. Appoint officials to lesser offices 8. Appoint ambassadors, federal judges, and high officials (all of which must be approved by the “advice and consent” of Congress) 9. Approve and veto legislation a) If the president does not sign legislation within 10 days, it automatically becomes a law b) However, if Congress adjourns before the president has had 10 days to consider a bill and he/she has not signed it, it will not become a law; this is known as a pocket veto 10. Make treaties (with congressional “advice and consent”) 11. Wield “executive power” as defined or implied in the Constitution and by tradition NOTE: Until 1973, the president could also unilaterally call up and deploy troops during wartime; after the Vietnam War, Congress passed, over President Richard Nixon’s veto, the War Powers Act, requiring congressional approval within 60 days of deployment D. Staff and offices of the president and White House 1. Chief of staff 2. Press secretary 3. Legal counsel NOTE: There is a subtle distinction between the legal counsel for the office of the president (also called the White House counsel) and counsel for the individual president occupying that office 4. Additional staffers, advisors, analysts, etc., are organized within the Executive Office of the President (EOP), containing various offices and councils and more than 2,500 employees performing specifically defined managerial tasks defined in their titles; the primary offices include:

4. Standing (permanent) Senate committees: NOTE: These are the current Senate committees; the Senate can establish or dissolve committees and subcommittees as circumstances warrant; as with the House, there are numerous special committees and subcommittees of limited duration a) Agriculture, Nutrition, and Forestry: http://ag.senate.gov b) Appropriations: http://appropriations.senate.gov c) Armed Services: http://armed-services.senate.gov d) Banking, Housing, and Urban Affairs: http://banking.senate.gov e) Budget: http://budget.senate.gov f) Commerce, Science, and Transportation: http://commerce.senate.gov g) Energy and Natural Resources: http://energy.senate.gov h) Environment and Public Works: http://epw.senate.gov i) Finance: http://finance.senate.gov j) Foreign Relations: http://foreign.senate.gov k) Health, Education, Labor, and Pensions: http://help.senate.gov l) Homeland Security and Governmental Affairs: http://hsgac.senate.gov m) Indian Affairs: http://indian.senate.gov n) Judiciary: http://judiciary.senate.gov o) Rules and Administration: http://rules.senate.gov p) Small Business and Entrepreneurship: http://sbc.senate.gov q) Veterans’ Affairs: http://veterans.senate.gov 5. One of the most powerful standing Senate committees is the Appropriations committee, which controls the actual dispersal of funds

a) Office of Management and Budget: http://www.whitehouse.gov/omb b) National Security Council: http://www.whitehouse.gov/administration/eop/nsc c) Council of Economic Advisors: http://www.whitehouse.gov/administration/eop/cea d) Domestic Policy Council: http://www.whitehouse.gov/administration/eop/dpc e) National Economic Council: http://www.whitehouse.gov/administration/eop/nec f) Office of the U.S. Trade Representative: http://www.ustr.gov g) Council on Environmental Quality: http://www.whitehouse.gov/administration/eop/ceq h) Office of Science and Technology Policy: http://www.whitehouse.gov/administration/eop/ostp i) Office of Administration: http://www.whitehouse.gov/administration/eop/oa E. The White House Cabinet consists of the heads of 15 federal agencies appointed by the president with the “advice and consent” of Congress, as well as many other key advisors 1. Established in Article II, Section 2, of the Constitution, the cabinet serves to advise the president in the execution of the laws 2. The departments represented are: a) Agriculture: Oversees farm economics; regulates food industry via research, consumer information, and dissemination of modern farming techniques b) Commerce: Promotes business and trade; administers patent and census bureaus; promotes sales of U.S. products abroad; oversees weights and measures programs, weather forecasting, and statistical analyses of U.S. industries c) Defense: Oversees all branches of the armed forces, including the Coast Guard, during wartime; coordinates all military activities among all the services; it is the largest, most expensive government agency, with the possible exception of Homeland Security d) Education: Oversees federal education programs and funding; however, most programs and funding are still under local jurisdiction e) Energy: Oversees research, development, energy conservation, etc.; regulates nuclear power for energy use f) Health and Human Services (originally Health, Education, and Welfare): Created when the Department of Education was formed as a separate cabinet post; oversees federal health and welfare programs g) Homeland Security: The newest cabinet-level office (est. 2002); oversees and coordinates domestic counterterrorism efforts, immigration, border security, and disaster preparedness; the Coast Guard, Citizen and Immigration Services, the Federal Emergency Management Agency (FEMA), and the Secret Service are all located within this department 2

h) Housing and Urban Development: Oversees federal programs for housing and urban renewal i) Interior: Oversees development of natural resources, public lands, and conservation j) Justice (Attorney General): Oversees all federal legal business, with separate divisions covering areas such as antitrust, civil rights, immigration, etc.; in charge of the U.S. Marshals Service, all U.S. attorneys, and the Federal Bureau of Investigation (FBI) k) Labor: Originally combined with Commerce; oversees federal workplace and employment programs and regulations l) State: The first executive agency, created in 1789, to oversee and administer foreign policy m) Transportation: Oversees all federal transportation policy and federal aid to transportation; includes the Federal Aviation Administration, the Federal Highway Administration, and the Federal Transit Administration n) Treasury: Collects and distributes federal revenues; agencies include: 1) Internal Revenue Service (IRS) 2) U.S. Mint 3) Bureau of Engraving and Printing 4) Bureau of Alcohol, Tobacco, Firearms, and Explosives o) Veterans Affairs: Oversees the administration of services and benefits for veterans, including hospital supervision, pensions, education programs, insurance, etc. 3. The vice president, White House chief of staff, U.S. trade representative, ambassador to the United Nations, and the heads of the Environmental Protection Agency, Office of Management and Budget, and Council of Economic Advisors are all cabinet positions II. The vice president A. Next in line for the presidency in the event that the president cannot serve; acts as president in event of presidential incapacity B. Originally designated as the second-place votegetter in the Electoral College; this often led to bitter opponents occupying the two offices and a totally opposite viewpoint empowered in the event of presidential incapacity; after the passage of the Twelfth Amendment, presidential and vicepresidential candidates began running as a single unit, thereby ensuring that the winning president and the winning vice president both had the largest number of votes C. Presides over the Senate but does not vote, except in the event of a tie D. Performs those duties relegated to him/her by the president, including serving on the cabinet

The Judicial Branch – Supreme Court IV. Some landmark Supreme Court cases

How a Bill Becomes a Law

I. History and structure of the Supreme Court A. The only court specified in the Constitution 1. Established in Article III 2. Congress is given the right to establish lower courts, but what these may be, how many, etc., is left vague B. The only federal branch that is composed of nonelected members 1. Justices are appointed to lifetime terms by the president with the “advice and consent” of Congress 2. This is so that justices are isolated from political pressure when deciding cases C. Currently, the Supreme Court has nine justices, including a chief justice 1. At various times, there have been as few as six and as many as ten justices 2. In 1937, Franklin D. Roosevelt, upset that the court was overruling much of his New Deal legislation, proposed adding one new justice for every justice over the age of 70 a) This would have allowed him to name six additional justices and given him an overwhelming majority in any decision b) The number of justices is set in law, not in the Constitution, giving Roosevelt an opportunity to propose the change to Congress c) Conservatives and many liberals in Congress decried this “court-packing” scheme as a violation of separation of powers, and it was quickly abandoned II. Leadership of the Supreme Court A. The chief justice is appointed specifically by the president to oversee the administration of the court and to lead their deliberations 1. Has the authority to preside over case conferences and to assign the writing of opinions 2. Beyond that, the role is largely symbolic but can be quite influential 3. Often viewed as the embodiment of the court, the chief justice’s personality, judicial outlook, and intellect can mold the court’s image in public opinion and set the tone for which decisions are made and how; thus, while having no specific powers to decide cases above those of his/her colleagues, the chief justice is considered “first among equals” III. Powers of the Supreme Court A. The first to adjudicate certain cases required by the Constitution, such as cases arising over treaties of the U.S., maritime and admiralty issues, interstate cases, and cases where an individual state or the U.S. is a party in the case B. Has both original and appellate jurisdiction 1. Original jurisdiction cases can only be first heard by the court and are defined in Article III, Section 2, of the Constitution; often, the court assigns a special master to hear evidence and decide original jurisdiction cases 2. Appellate jurisdiction cases are those that have passed through other lower federal courts (or, in some instances, a state’s highest court) and one side finds reason to appeal C. The court can also refuse to hear an appeal, which acts as a ruling that the last lower court to hear it acted within parameters that preclude further appeal (i.e., there was no reversible [legally unfair] action during the hearing) D. The justices vary in their understanding of how to interpret the Constitution; some justices favor a form of originalism, where an effort is made to constrain interpretation by only using the plain meaning of the Constitution’s text; other justices take a broader view, sometimes called the living Constitution, and attempt to adapt the meaning of the text to account for changes in politics and society 1. The interpretation of a majority of the court stands as the law of the land unless or until the court reverses itself, or the Constitution is amended

I. Introduction by senator or representative, where it is assigned a number (e.g., H.R. 123) that identifies it during the legislative process; after which, it is… II. Assigned to a committee* that determines if the bill is worthy of consideration; if so, it is… III. Assigned to a subcommittee* that studies the proposal, may hold hearings on it, and may amend it, and then it is… IV. Returned to the full committee, which may… A. Accept the bill as presented B. Hold its own hearings C. Make amendments, etc. D. After this “markup,” the final version of the bill is written, and the committee turns to… V. The House Rules committee, which sets a time frame for debate on the bill and determines the extent of amendments from the floor that will be allowed via a closed rule (severely limits amendments) or an open rule (allows for proposals from the floor; NOTE: The Senate, which does not have a Rules committee, allows open-ended debate and amendment procedure); after this, the committee reports the bill for the consideration of the entire House and it is set on the… VI. Calendar, the weekly schedule of business established by the majority leaders in consultation with the minority leaders; the scheduled bill now goes before the House or Senate for… VII. Debate, in which the duration is controlled by the committee chair and ranking minority member or their designates; during debate (subject to filibuster, open or closed rule, etc.), amendments are offered, accepted, or rejected; the bill, if passed, is then… VIII. Sent to the other legislative body (i.e., House or Senate) where debate continues; if, as is almost always the case, this second body alters the bill in any substantial way, it is returned to the issuing body; if the changes cannot be agreed on informally, the two bodies may form a… IX. Conference committee of delegates from both original committees who either initiated or altered the bill; a compromise bill is then reported out and voted on by both House and Senate; if adopted, it is sent to… X. The president, who will either: A. Sign the bill, passing it into law, or B. Veto the bill, which can be overridden by a two-thirds vote in each chamber (i.e., House and Senate) C. In rare instances, the president may refuse or postpone any action, or opt for a pocket veto in hopes that the circumstances that led to the bill will change *NOTE: Many bills are viewed as “gestures” by a particular member; others are viewed as too controversial or have other problems that are readily discernible to a majority of the committee or subcommittee; these bills are not acted on but instead are allowed to “die in committee”

A. Marbury v. Madison (1803): Itself a minor case of a denied presidential appointment, it established the principle of judicial review, giving the court the right to rule on the constitutionality of an act, law, etc. B. McCulloch v. Maryland (1819): Established the constitutional supremacy of the federal government over state governments as suggested by the implied powers doctrine C. Dred Scott v. Sanford (1857): While declaring the Missouri Compromise unconstitutional, it also established that slaves were not citizens of the U.S. D. Santa Clara County v. Southern Pacific Railroad (1886): Granted corporations the same protections as citizens under the Fourteenth Amendment E. Plessy v. Ferguson (1896): Declared separate but equal accommodations to enforce racial segregation F. Standard Oil Co. of New Jersey et al. v. U.S. (1911): U.S. can dissolve a trust when that trust is exercising “unreasonable restraint of trade” G. Schenck v. U.S. (1919): U.S. can restrict free speech, especially during wartime, when it is shown to present a “clear and present danger” H. Schechter v. U.S. (1935): Congress cannot delegate its power and authority to the president I. Dennis et al. v. U.S. (1951): Declared the Smith Act (which stated that it is a crime to advocate the overthrow of the government by force) constitutional; Yates v. U.S. (1957) modified this ruling to apply only to words connected to direct action in this endeavor J. Brown v. Board of Education of Topeka (1954): Laws enforcing segregation in schools are unconstitutional; states ordered to desegregate at “all deliberate speed” K. Roth v. U.S. (1957): Declared obscenity as that which appeals to “prurient interest” and has no “redeeming social importance” L. Mapp v. Ohio (1961): Federal exclusionary rule, stating that illegally obtained evidence cannot be used in a trial, is extended to the states M. Reynolds v. Sims (1964): State legislatures (and later congressional districts) must be proportional to the people represented to allow for equal representation N. Miranda v. Arizona (1966): Suspects must be informed of their rights under the law before being questioned about a crime O. Furman v. Georgia (1972): All death penalty statutes, in all states, were unconstitutional as written due to subjectivity and arbitrariness; rewritten state statutes brought the death penalty back within a few years P. Roe v. Wade (1973): Laws prohibiting abortion, except in the last trimester, are unconstitutional based on the Fourteenth Amendment’s implied right of a woman’s privacy in decisions about her body Q. University of California v. Bakke (1978): Universities can admit students on the basis of race in order to combat discrimination R. Webster v. Reproductive Health Services (1989): States can restrict access to abortions, so long as they do not impose restrictions that would, in effect, outlaw them entirely S. Harris v. Forklift Systems, Inc. (1993): Sexual harassment claims can be valid even when no severe economic or emotional damage occurs T. Bush et al. v. Gore et al. (2000): In a landmark 5–4 decision, the court overturned the ruling of the Florida State Supreme Court and ceded that state’s Electoral College votes, and the presidency of the U.S., to George W. Bush U. Lawrence v. Texas (2003): Explicitly overturned an earlier case that allowed states to regulate sexual conduct, such as enacting laws against sodomy V. Hamdan v. Rumsfeld (2006): Court found that the war crimes tribunal at Guantanamo Bay, Cuba (established by the Bush administration), lacked “the power to proceed because its structure and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949”

The Constitution & the Bill of Rights NOTE: The full text of the U.S. Constitution, along with the Bill of Rights, is contained in the U.S. Constitution QuickStudy® guide I. The Bill of Rights, the first 10 amendments to the Constitution, was not an afterthought A. It had always been intended to be part and parcel of the Constitution and to be ratified as soon as possible B. Congress felt it was vital to get the Constitution, the “rules” under which the country would operate, into place as soon as possible

C. The 10 amendments within the Bill of Rights were all directly tied to real or perceived abuses in the U.S. by the British Crown D. Adoption of the Constitution by many of the states was contingent on the guaranteed addition of the Bill of Rights E. The Constitution was adopted and ratified in June 1788 F. The Bill of Rights was adopted during the first Congress; it was ratified in 1791 3

PATH OF A BILL

HOUSE

SENATE

Introduction

Introduction

Committee

Committee

Subcommittee

Subcommittee

Committee Hearing & Markup

Committee Hearing & Markup

Rules Committee Senate Floor

House Floor Conference Committee

Adoption by Both Houses The President Veto House & Senate Floor

Approve

Veto Override Law

The Political Party System I. Brief history of party politics A. A political party is an organized group of people with similar views on the nature of government and the methods by which government should be run B. In the U.S., there were originally no political parties, as the founders considered them to be dangerous to the public good and desired politics to work by consensus; George Washington famously warned against “the spirit of party” in his Farewell Address in 1796 C. When John Adams, Alexander Hamilton, and their supporters—who became known as the Federalists—were perceived as overstepping the bounds of the Constitution and imposing too harsh a federal power over the people, the Democratic-Republican Party was formed 1. When he won the 1801 election, Thomas Jefferson became the first president of this new party 2. After 1800, the Federalists gradually declined and, until the 1824 election, the U.S. was virtually a one-party system D. The two-party system began with the founding of the Democratic Party in 1828 1. Andrew Jackson’s 1824 defeat for president enraged many; he won a plurality of electoral votes but, due to the number of candidates, not a majority; the House of Representatives gave the office to John Quincy Adams in what some considered a “corrupt bargain” 2. In 1828, Jackson won a landslide victory under the banner of the newly formed Democratic Party; opposition in Congress to Jackson’s imperious style as president quickly formed into the Whig Party (named after the British party that represented the “people,” as opposed to the monarch) 3. The Whigs became a major, if never dominant, force in politics; they did not become a majority party because numerous factional parties formed at the time over a number of local issues and one overriding national issue: slavery 4. In 1854, many of the smaller antislavery parties and former Whigs joined to form the new Republican Party, which quickly displaced the Whigs, leading to their demise; the 1860 election of Republican Abraham Lincoln to the presidency solidified that party’s standing E. The Republicans and Democrats have remained the dominant parties, but there are still party challengers 1. In 1912, Theodore Roosevelt’s Progressive (a.k.a., Bull Moose) Party took enough votes from Republican William Howard Taft to assure the victory of Democrat Woodrow Wilson 2. In 1920, Socialist Party candidate Eugene V. Debs garnered nearly 1 million votes; he campaigned while in prison for advocating opposition to the draft and World War I 3. In 1924, Robert M. La Follette and his Progressive Party secured 17% of the vote by running on a platform of state ownership of railroads and utilities F. Although there continued to be many small parties running for office, their effect would be minimal due to the Great Depression (and later, World War II and other national and international events)

Bureaus, Agencies & Organizations As the U.S. has grown, adding new laws and new commitments to the people, there has been a parallel growth in the number of bureaus and agencies required to administer and oversee these laws and commitments; while the heads of some of these agencies may change with each new presidential administration, the professional staffs that administer each rarely change— assuring continuity in both their operation and effectiveness; currently, the following exist, their titles summing up their purpose:

1. The collapse of the economy in 1929 brought many small factions together under the Democratic banner; Franklin D. Roosevelt promised and initiated the New Deal programs that overcame differences of race, religion, sectionalism, etc., because of the overriding need for jobs and economic survival; at this time, the current images of the two parties emerged: a) Republicans as champions of capitalism, economic growth, national defense, and the conservative running of government b) Democrats as champions of the working class, minorities, equal rights, civil rights and liberties, and the liberal running of government G. For over 50 years, there was no real challenge to this two-party system 1. The closest was the 1992 presidential run of Ross Perot as an independent; Perot garnered 19% of the vote, making him the most successful third-party candidate since Theodore Roosevelt in 1912 2. While the Reform Party never gained any presidential electoral votes, it did become a national presence and succeeded in getting several of its members elected to other positions, most notably Jesse Ventura as governor of Minnesota H. By the year 2000, dissatisfaction with the twoparty system brought about numerous third-party challenges 1. The Green Party of Ralph Nader was among the most prominent 2. The Libertarian Party, the Constitution Party, and others have candidates for president and vice president in every election 3. Although none of these gained more than 5% of the vote (the standard for federal funding), given the closeness of elections like George W. Bush and Albert Gore Jr. in 2000, they may have had an effect on the outcome 4. While not a new political party, the Tea Party movement helped to push the Republican Party to the right by supporting insurgent candidates in primaries during the 2010 midterm elections II. Party platforms A. A platform is a statement of purpose that lays out the party’s goals for the future, its philosophy, or reason for being B. It is not meant to be a step-by-step plan designed for immediate implementation but rather a general belief statement of how the party would have things in a perfect world C. Candidates who run under the party banner are expected to subscribe to the majority of platform points and the overall philosophy of the party D. Candidates are not bound to implement or subscribe to every plank (individual topic) in a platform E. The platform is written by a committee made up of members of the party; it operates in much the same way as any other proposal committee: 1. The committee members meet and present their points of view on a given topic 2. Then, they attempt to arrive at either a consensus or compromise position on disputed points 3. Last, they vote on which points are added to, subtracted from, or omitted completely from the platform 4. The majority vote rules

III. The politics of party A. Remember that the U.S. is a republic; its elected officials are, therefore, free to vote their own mind and conscience regardless of the ostensible will of the people who elected them; officials are also, by extension, free to vote against the platform, or will, of the party that supported them in the election B. Periodically, circumstances arise when individuals may feel compelled to vote against their own conscience and support the will of the people or party 1. During times of war, pacifists may vote for increased military spending or operations 2. A need to show a united front to a foreign power may lead to votes that strengthen the U.S. position even though, personally, those against that position may feel it is wrong 3. As the need for a national presence, through advertising, exposure, and influence (which come with the need for the power, organization, and financing that only a strong political party base can provide), grows ever greater to win an election, many find they must vote along strict party lines, regardless of their individual beliefs C. Party politics may hold great power, undercutting the ideals of both a republic and a democracy D. Party structures: Each party has committees at the local, state, and national levels, and they may have associated committees for legislative caucuses, electoral districts, or other electoral purposes; though the organizational structure varies by party and state, the descending order of responsibility is generally: 1. National committee 2. State committee 3. County committee 4. City committee 5. Ward committee 6. Precinct committee IV. The Electoral College A. Background 1. The people do not directly elect the president; moreover, the presidential election is not a national one 2. Rather, it is a state-by-state election in which citizens elect representatives in each state who are “pledged” to a particular candidate 3. These electors then meet and cast their state’s electoral votes to elect the president B. Reasoned discourse 1. It was assumed that, as each group of electors met with those from other regions, they would become aware of events, activities, etc., in these regions 2. This, in turn, might cause the electors to reevaluate whether their state’s choice for president would best serve the nation as a whole 3. Many states still allow their electors to do this, whereas others require that electors vote as mandated C. Framers of the Constitution 1. The framers of the Constitution, politicians themselves, were fearful that events of the moment, an eloquent (but unscrupulous) candidate, or any number of other factors might sway the people into a rash or unwise decision 2. The electors, however, assumed to be “educated citizens,” would, in conference, be able to see this problem and overcome it

• Centers for Disease Control and Prevention (CDC), under the Department of Health and Human Services (HHS): http://www.cdc.gov • Central Intelligence Agency (CIA): http://www.cia.gov; NOTE: The CIA is an independent U.S. government agency that provides national security intelligence to ranking government officials • Commodity Futures Trading Commission (CFTC): http://www.cftc.gov • Consumer Product Safety Commission (CPSC): http://www.cpsc.gov • Environmental Protection Agency (EPA): http://www.epa.gov • Equal Employment Opportunity Commission (EEOC): http://www.eeoc.gov 4

• Federal Bureau of Investigation (FBI), under the Department of Justice (DOJ): http://www.fbi.gov; NOTE: The FBI is the main investigative arm of the DOJ • Federal Citizen Information Center (FCIC): http://www.publications.usa.gov • Federal Communications Commission (FCC): http://www.fcc.gov • Federal Deposit Insurance Corporation (FDIC): http://www.fdic.gov • Federal Home Loan Mortgage Corporation (Freddie Mac), placed under conservatorship of the Federal Housing Finance Agency (FHFA): http://www.freddiemac.com

Bureaus, Agencies & Organizations (continued) • Federal Maritime Commission (FMC): http://www.fmc.gov • Federal National Mortgage Association (Fannie Mae), placed under conservatorship of FHFA: http://www.fanniemae.com • Federal Trade Commission (FTC): http://www.ftc.gov • Financial Industry Regulatory Authority (FINRA): http://www.finra.org; NOTE: Formerly, National Association of Securities Dealers (NASD) • Food and Drug Administration (FDA), under HHS: http://www.fda.gov • General Services Administration (GSA): http://www.gsa.gov • National Aeronautics and Space Administration (NASA): http://www.nasa.gov • National Credit Union Administration (NCUA): http://www.ncua.gov • National Endowment for the Arts (NEA): http://www.nea.gov • National Health Information Center (NHIC), under HHS: http://www.health.gov/nhic • National Institute of Standards and Technology (NIST), under the Department of Commerce: http://www.nist.gov

Post-9/11 Government The events of September 11, 2001, and the subsequent War on Terrorism have brought about many changes in the U.S. governmental structure I. The USA PATRIOT Act A. USA PATRIOT is an acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism B. The act was passed into law on October 26, 2001 (Public Law No. 107-56) C. Historical overview 1. The 9/11 terrorist attacks on the U.S., which resulted in approximately 3,000 deaths, prompted public outcry for meaningful legislation to prevent further attacks 2. 9/11 is considered to be the first significant attack on U.S. soil by a foreign entity since the War of 1812 a) The Civil War involved Americans vs. Americans b) The Japanese attack on Pearl Harbor (World War II) occurred before Hawaii was a state 3. Within a month of the attack, the Senate passed S. 1510 and the House of Representatives passed H.R. 2975; both of these, along with provisions from H.R. 3004 (Financial Anti-Terrorism Act), were included in H.R. 3162, which became the USA PATRIOT Act 4. H.R. 3162, sponsored by Representative F. James Sensenbrenner, was introduced on October 23, 2001, and passed on October 26, 2001, a record time of just four days a) H.R. 3162 went through all the steps necessary for passage into law, but due to its extraordinary circumstances, the process was expedited and the act was passed with minimal changes II. What is in the USA PATRIOT Act? A. The act is over 160 pages and changed some significant aspects of U.S. law: B. Title I: Enhancing Domestic Security Against Terrorism 1. Requires greater coordination and cooperation between civilian authority (attorney general) and military (Department of Defense) in the present environment 2. Authorizes development of a national network of electronic crimes task forces 3. Expands presidential power to confiscate property of suspected enemy aliens 4. Allows for secret judicial review of classified information or any matters that affect national security C. Title II: Enhanced Surveillance Procedures 1. Broadens authority to wiretap and use other electronic interceptions of communications 2. Allows a grand jury to share with federal authorities previously secret evidence and other protected materials 3. Broadens government authority over investigation and disclosure of previously private communications 4. Expands the scope of subpoenas for records 5. Permits delay of notification of any of the above actions, or others, if that notification will hinder investigation

• National Institutes of Health (NIH), under HHS: http://www.nih.gov • National Labor Relations Board (NLRB): http://www.nlrb.gov • Nuclear Regulatory Commission (NRC): http://www.nrc.gov • Office of Inspector General (OIG), under HHS: http://oig.hhs.gov • Peace Corps: http://www.peacecorps.gov • Postal Regulatory Commission (PRC): http://www.prc.gov • Securities and Exchange Commission (SEC): http://www.sec.gov • Small Business Administration (SBA): http://www.sba.gov • Social Security Administration (SSA): http://www.ssa.gov • Surface Transportation Board (STB), under the Department of Transportation: http://www.stb.dot.gov • U.S. Commission on Civil Rights (USCCR): http://www.usccr.gov • U.S. Postal Service (USPS): http://www.usps.com

6. Expands the number of district court judges who can hear applications for such orders 7. Broadens warrant scope and authority 8. Provides penalties for unauthorized release of information D. Title III: International Money Laundering, Abatement, and Anti-Terrorist Financing 1. Subtitle A: International Counter Money Laundering and Related Measures 2. Subtitle B: Bank Secrecy Act Amendments and Related Improvements 3. Subtitle C: Currency Crimes and Protection 4. Designed to strengthen, expand, and broaden the interpretation of new and existing laws involving the use and misuse of funds for both criminal and, especially, terrorist-related activities E. Title IV: Protecting the Border 1. Subtitle A: Protecting the Northern Border a) Authorizes expansion of manpower, surveillance, and investigation techniques b) Allows interdiction of potential threats to the U.S. entering from Canada 2. Subtitle B: Enhanced Immigration Provisions a) Broadens the scope of acts that can lead to either a denial of U.S. entry or deportation b) Broadens considerably the actions and punishments available to law enforcement and other agencies for “terrorist” activities c) Redefines certain formerly “criminal” activities as potentially “terrorist” d) Places certain agencies, such as the former Immigration and Naturalization Services, under Homeland Security authority e) Does not offer specific definitions of “terrorist” actions to maintain maximum flexibility 3. Subtitle C: Preservation of Immigration Benefits for Victims of Terrorism a) Preserves and enhances the rights of immigrants who entered the U.S. on or before September 11, 2001, whose life, lifestyle, or status may have been altered by the events of that day b) Establishes guidelines for investigation of any claims based on these alterations c) Prohibits any benefits to terrorists or their families F. Title V: Removing Obstacles to Investigating Terrorism 1. Authorizes substantial monetary rewards for information on suspected terrorist activities 2. Qualifies federal terrorism offenses as meriting DNA identification and analysis 3. Authorizes consultation and interchange of information between investigative agencies regarding electronic surveillance materials collected 4. Allows the FBI to request personal records of individuals and organizations under criminal investigation, if there is a perceived or alleged terrorist component 5. Revises Secret Service jurisdiction and grants the FBI authority over areas of fraud and computer-related activities that might fall under areas previously exclusive to the Secret Service 6. Allows for release of education records to the attorney general in cases of alleged terrorism 5

G. Title VI: Providing for Victims of Terrorism, Public Safety Officers, and Their Families 1. Subtitle A: Aid to Families of Public Safety Officers 2. Subtitle B: Amendments to the Victims of Crime Act of 1984 3. Provides expedited and increased compensatory funds to individuals and their families in the groups who are affected by terrorist acts, as opposed to purely criminal acts already covered H. Title VII: Increased Information Sharing for Critical Infrastructure Protection 1. An amendment to the Omnibus Crime Control and Safe Streets Act of 1968 2. Extends additional funding from the Bureau of Justice Assistance to law enforcement agencies for greater collection and dissemination of information regarding terrorist acts and suspected acts I. Title VIII: Strengthening the Criminal Laws Against Terrorism 1. Greatly expands both the definition of terrorism and suspected terrorism and the reach of the U.S. into foreign lands where U.S. facilities, businesses, etc., may be affected 2. Grants the attorney general much greater authority over terrorist offenses both within and outside of U.S. boundaries 3. Removes the statute of limitations on offenses that either result in or may have resulted in (even if such did not occur) death or serious bodily injury to another person 4. Expands maximum penalties for terrorist offenses 5. Makes attempts or conspiracies to attempt terrorism equal in penalty to successful acts of terrorism 6. Expands the authority of the Racketeer Influenced and Corrupt Organization (RICO) statute to include terrorist activity 7. Revises and strengthens penalties against computer fraud as it applies to terrorism and provides additional funding to agencies investigating the same 8. Prescribes new, strengthened penalties for possession and delivery systems of certain toxins and biological agents, especially, but not exclusively, among restricted persons J. Title IX: Improved Intelligence 1. Amends and expands the National Security Act of 1947 and the Foreign Intelligence Surveillance Act of 1978 to direct the Director of Central Intelligence (DCI) to share information with the attorney general and includes international terrorism within the scope of the act 2. Allows the attorney general and other agencies to defer required activity reports to Congress if it is part of an ongoing investigation



Post-9/11 Government (continued) 3. Requires the attorney general to share with the DCI any foreign intelligence uncovered in a criminal investigation 4. Directs study of means to track finances and resources of international terrorist organizations 5. Allows the attorney general to study feasibility of a biometric identifier– scanning system for use at consular posts and all points of entry to the U.S. 6. Authorizes interaction between the attorney general and state and local authorities in areas near military installations 7. Amends Crimes Against Charitable Americans Act of 2001 to require phone solicitors to promptly and fully disclose both the purpose of call and its ramifications 8. Places licensing of drivers who carry hazardous materials under scrutiny of secretary of transportation and attorney general, who will do background checks on applicants (if state requests it) 9. Directs grants to state and local facilities to enhance preparation and response to terrorism 10. Critical Infrastructures Protection Act of 2001 a) Defines critical infrastructure (CI) as “systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters” b) Declares that any disruption of CI will be “rare, brief, geographically limited in effect, manageable, and minimally detrimental to the economy, human and government services, and national security of the United States” c) Requires coordinated public-private partnership, including corporate and nongovernmental organizations, to achieve this d) Mandates a “comprehensive and effective program to ensure the continuity of essential Federal Government functions under all circumstances” e) Establishes the National Infrastructure Simulation and Analysis Center (NISAC) to support this continuity through studies of counterterrorism, threat assessment, and risk mitigation III. Reauthorizing the USA PATRIOT Act A. On May 26, 2011, President Barack Obama signed a four-year extension of key provisions of the USA PATRIOT Act, including the extension of provisions that allow the government to wiretap, search personal records, and initiate investigations of foreigners as part of the War on Terrorism Department of Homeland Security I. What is the Department of Homeland Security (DHS)? A. A cabinet-level office designed to coordinate many aspects of national security under one department, assuring interchange of ideas and information Content Editor: Zachary Courser, PhD

B. Proposed on May 2, 2002, by a bipartisan group from the Senate and House as a response to growing evidence that numerous agencies within the government had pieces of information that, taken as a whole, might have warned of the attacks on 9/11 C. Revised bill H.R. 5005 introduced by Representative Richard K. Armey on June 24, 2002 D. Signed by the president on November 25, 2002 (Public Law No. 107-296) E. Responsible for threat assessment and issuing alerts to the public National Terrorism Advisory System Alerts

Imminent Threat Alert Warns of a credible, specific & impending terrorist threat against the U.S. Elevated Threat Alert Warns of a credible terrorist threat against the U.S.

F. Focuses on key areas: 1. Border and transportation security 2. Emergency preparedness and response 3. Science and technology 4. Information analysis and infrastructure protection II. Components of the DHS A. Office of the Secretary 1. Privacy Office 2. Office for Civil Rights and Civil Liberties 3. Office of Inspector General 4. Citizenship and Immigration Services Ombudsman 5. Office of Legislative Affairs 6. Office of the General Counsel 7. Office of Public Affairs 8. Office of Counternarcotics Enforcement 9. Office of the Executive Secretariat 10. Military Advisor’s Office 11. Office of Intergovernmental Affairs B. Department components 1. National Protection and Programs Directorate 2. Science and Technology Directorate 3. Directorate for Management 4. Office of Policy 5. Office of Health Affairs 6. Office of Intelligence and Analysis 7. Office of Operations Coordination 8. Federal Law Enforcement Training Center 9. Domestic Nuclear Detection Office 10. Transportation Security Administration 11. U.S. Customs and Border Protection 12. U.S. Citizenship and Immigration Services 13. U.S. Immigration and Customs Enforcement 14. U.S. Coast Guard 15. Federal Emergency Management Agency 16. U.S. Secret Service C. Advisory panels and committees 1. Homeland Security Advisory Council 2. National Infrastructure Advisory Council 3. Homeland Security Science and Technology Advisory Committee 4. Critical Infrastructure Partnership Advisory Council 5. Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities 6. Task Force on New Americans 7. DHS Labor-Management Forum

Economic Globalization I. The 21st century presents many challenges to the U.S. and the entire world; along with globalization come unparalleled concerns and difficulties regarding the economy and financial markets NOTE: Of equal significance are the food supply, climate change, health care, and education—to name just some of the most significant issues facing 21st-century leaders—but addressing all these issues is beyond the scope of this guide, so only the issues that have resulted in notable changes to U.S. legislation as of this writing are included here II. Just as the USA PATRIOT Act and Department of Homeland Security reflect drastic measures taken to meet unprecedented national needs regarding terrorism and national security, the government’s financial rescue plan reflects equivalently drastic measures taken to attempt to prevent what has been called a “financial catastrophe” III. What is the government’s financial rescue plan (a.k.a., “bailout”)? A. The largest of its kind in U.S. history, this $700 billion plan (officially called the Emergency Economic Stabilization Act of 2008) does the following: 1. Gives the U.S. Treasury unprecedented authority to buy a wide range of troubled financial assets 2. Provides the federal government with an equity stake in companies that participate in the plan and limits executive pay 3. Enables the federal government to recoup losses from the financial industry after five years B. The plan became necessary after a series of events throughout September 2008, largely brought about by the subprime mortgage crisis, put U.S. and global financial markets in turmoil 1. 9/7/08: U.S. government places Fannie Mae and Freddie Mac, companies that together hold more than 50% of the country’s mortgages, under government conservatorship (similar to bankruptcy reorganization); Secretary of the Treasury Henry M. Paulson Jr. calls the move “crucial to avoid turmoil in the national and international economies” 2. 9/14/08: Merrill Lynch agrees to be acquired by Bank of America for $50 billion (half of its valuation in 2007) 3. 9/15/08: The Dow Jones industrial average drops more than 500 points (4.4%) as concerns of financial crisis mount; it is the worst one-day loss since 9/11; in addition, Lehman Brothers declares bankruptcy when it fails to find a buyer 4. 9/16/08: The Federal Reserve agrees to an $85 billion rescue of the American International Group (AIG), a huge insurer of financial institutions 5. 9/26/08: Federal regulators seize Washington Mutual, which is then bought by JPMorgan Chase almost immediately afterward; earlier, JPMorgan Chase bought Bear Stearns, saving it from bankruptcy 6. 9/29/08: Wachovia, the fourth largest U.S. bank (by assets), agrees to divest all of its banking subsidiaries to Citigroup in an all-stock transaction; the Federal Deposit Insurance Corporation (FDIC) guarantees coverage of any losses on the Wachovia banking portfolio greater than $42 billion, in exchange for $10 billion in preferred stock C. After debating the first version of the bailout plan (amendment to H.R. 3997) brought to Congress by President George W. Bush, the House rejected the plan (228 to 205); on the same day, the Dow dropped 778 points—its biggest point decline to date 1. A “sweetened” plan was brought back for debate in Congress (amendment to H.R. 1424), which: a) Increases FDIC coverage per bank depositor from $100,000 to $250,000 (through December 31, 2009) b) Gives $150 billion in tax breaks to individuals and companies c) Requires that employers and group health plans provide equal insurance coverage for mental health care as for physical care 2. The Emergency Economic Stabilization Act of 2008, as approved by the House (263 to 171), was signed into law by President Bush on October 3, 2008 IV. Soon after taking office, in February 2010, President Barack Obama signed into law a $787 billion stimulus package to invigorate the economy and stimulate job creation A. Thereafter, unemployment continued to be persistently high, averaging 9.6% during 2010 V. As of this writing, global financial challenges continue, and many experts call this the greatest economic and financial crisis since the Great Depression

U.S. $6.95 NOTE TO STUDENT: This guide is intended for informational purposes only and is not intended to influence readers’ beliefs or opinions. Due to its condensed format, this guide cannot cover every aspect of the subject; rather, it is intended for use in conjunction with course work and assigned texts. BarCharts, Inc., its writers, editors, and design staff are not responsible or liable for the use or misuse of the information contained in this guide. Furthermore, the information contained in this guide in no way expresses the political views or opinions of BarCharts, Inc. or any of its staff. All rights reserved. No part of this publication may be reproduced or transmitted in any form, or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without written permission from the publisher. Made in the USA Customer Hotline # 1.800.230.9522 ©2002–2011 BarCharts, Inc. 1115

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