American Government

Powers and responsibilities of the three branches of government

laws are rules - recognized as binding, enforced by a government

  • public policy - institutional actions by government in carrying out functions

  • Constitution establishes roles for each branch in law and public policy

  • legislative branch - makes laws

  • executive branch - enforces laws

  • judicial branch - interpret laws

  • legislative public policy - oversight investigations, impeachment, approving treaties, resolutions

  • executive public policy- executive orders, propose federal budget, recognize foreign nations

  • judicial public policy- amicus curiae briefs, writs of certiorari, judicial procedures, sentencing offenders

Political process and interaction of three branches

  • interactions range from working in concert to checks and balances

  • legislative checks on executive - veto override, impeachment, Senate approval of appointments and treaties, raise and govern military

  • legislative checks on judicial - creation of lower courts, determine Supreme Court appellate jurisdiction impeachment of judges
    executive checks on legislative - convene Congress, veto legislation

  • executive checks on judicial- appoint judges, issue pardons and reprieves

  • judicial checks on legislative - Chief Justice presides over impeachment trials of president, interpret laws

  • judicial checks on executive - judges not subject to removal by president, interpret and apply laws

  • interaction impacted by interest groups, political party control, public interest, media coverage, informal relationship among branch members

PUBLIC POLICY

Public policy in the branches and levels

  • federal executive public policy - State Department - advises president on foreign policy and directs embassies

  • federal legislative public policy -
    Congressional Budget Office - provides analyses of economic and budget data

  • state legislative public policy - Ohio
    Legislative Service Commission - assists in drafting legislation

  • state judicial public policy - Ohio Courts of Common Pleas - apply sentencing

  • local legislative/executive public policy - county commissions - tax abatements

  • policy may involve multiple levels and branches - collaboration or conflict

Methods used by individuals and organizations to engage government on public policy

  • campaign for candidates

  • provide information to executive branch

  • lobby members of a legislature

  • testimony to legislative committees

  • prepare briefs to present during judicial proceedings

  • comments during public meetings

  • conduct letter-writing campaigns

  • hold public demonstrations

  • must know proper level and branch to engage at various stages of making public policy

GOVERNMENT AND THE ECONOMY

Fiscal policies

  • expansionary - increased government spending and reduced taxes to increase aggregate demand

  • contractionary - decreased government spending and increased taxes to decrease aggregate demand

  • difficulties - much govt spending is fixed; expansionary policies could result in inflation and contractionary could result in recession; expansionary policies are popular, contractionary policies tend to be unpopular

  • government regulations - benefits prohibiting unfair business practices, consumer protection; costs - reduced corporate profits, slower econ. growth

Monetary policy to regulate money supply

  • monetary tools by Federal Reserve - open market operations, discount rate, reserve requirement

  • purchasing govt securities, reducing discount rate, reducing reserve requirement → increase money supply, decrease interest rates, encourage spending, foster expansion

  • selling govt securities, increasing discount rate, increasing reserve requirement → reduce money supply, increase interest rates, depress spending, foster contraction

ROLE OF THE PEOPLE

Responsibilities of citizenship

  • general responsibilities - respecting rule of law, paying taxes, accepting responsibility for one's actions

  • responsibilities associated with exercise of particular rights - privileges and immunities → respecting rights of others; free speech →civil discourse; bear arms→firearms training; jury trial→ serving on juries; right to vote → becoming informed on public issues

  • service - military service, community service, serving in public office

PUBLIC POLICY

Public policy in the branches and levels

  • federal executive public policy - State Department - advises president on foreign policy and directs embassies

  • federal legislative public policy -
    Congressional Budget Office - provides analyses of economic and budget data

  • state legislative public policy - Ohio
    Legislative Service Commission - assists in drafting legislation

  • state judicial public policy - Ohio Courts of Common Pleas - apply sentencing

  • local legislative/executive public policy - county commissions - tax abatements

  • policy may involve multiple levels and branches - collaboration or conflict

Methods used by individuals and organizations to engage government on public policy

  • campaign for candidates

  • provide information to executive branch

  • lobby members of a legislature

  • testimony to legislative committees

  • prepare briefs to present during judicial proceedings

  • comments during public meetings

  • conduct letter-writing campaigns

  • hold public demonstrations

  • must know proper level and branch to engage at various stages of making public policy

ROLE OF THE PEOPLE

Rights as protection from government

  • Bill of Rights - specific rights and unstated rights

  • 14th Amendment due process clause-doctrine of incorporation - Bill of Rights applies to state and local governments

  • many rights protect ability to participate in political process - speech, press, assembly, petition, suffrage, hold office

Individual rights are relative, not absolute

• exercise of rights must be balanced by rights of others and the common good

Free exercise of rights by all people

  • Historically, certain groups have not been able to fully exercise their rights - government has taken actions to protect their ability to participate

  • Constitutional amendments - suffrage to women; eliminated poll taxes used to restrict African Americans from voting

  • Executive branch - used troops to integrate schools and charge violators of open housing legislation

  • Legislative branch - passed civil rights and voting rights acts

  • Supreme Court - used due process and equal protection of 14th amendment to apply Bill of Rights to the states

GOVERNMENT AND THE ECONOMY

Fiscal policies

  • expansionary - increased government spending and reduced taxes to increase aggregate demand

  • contractionary - decreased government spending and increased taxes to decrease aggregate demand

  • difficulties - much govt spending is fixed; expansionary policies could result in inflation and contractionary could result in recession; expansionary policies are popular, contractionary policies tend to be unpopular

  • government regulations - benefits - prohibiting unfair business practices, consumer protection; costs - reduced corporate profits, slower econ. growth
    Monetary policy to regulate money supply monetary tools by Federal Reserve - open market operations, discount rate, reserve requirement

  • purchasing govt securities, reducing discount rate, reducing reserve requirement → increase money supply, decrease interest rates, encourage spending, foster expansion

  • selling govt securities, increasing discount rate, increasing reserve requirement → reduce money supply, increase interest rates, depress spending, foster contraction

OHIO'S STATE AND LOCAL GOVERNMENTS

Similarities and Differences between Ohio and U.S. Constitution

  • Similarities: separation of powers into 3 branches (executive, judicial, legislative); checks & balances; limited govt; bill of rights; popular sovereignty; elections

  • Differences: Ohio - citizens can directly vote on laws through initiative and referendum; judges are elected;

  • legislators are term limited

  • Differences: U.S. - Legislators vote on laws for citizens; judges are appointed; legislators do not have term limits

1851 Ohio Constitution changes to improve governing

  • Major executive officials and all judges were to be elected

  • District courts were added

  • Debt limitations were instituted

Role of Ohio citizens

  • state - taxes, National Guard, running for office, voting, signing petitions

  • local - organizing civic activities, attending meetings of local boards, joining community watch groups, serving in volunteer fire department

CIVIC INVOLVEMENT, PARTICIPATION AND SKILLS

Addressing a problem through the political process or public policy

  • political processes - acquisition of power and influencing decision making

  • public policy processes - institutional actions involved with government carrying out its functions

  • civic engagement - apply information literacy, problem-solving and communication skills to address societal problems

Political parties, interest groups and the policy

  • political parties - organizations whose members hold similar views - seek to determine public policy through winning elections and public office

  • interest groups - organizations whose members hold similar views - seek to influence public policy through the political and public policy processes media - means of mass communication political parties and interest groups use media to influence the political and public policy processes

Analyzing issues through credible sources

  • researching a civic issue - determining which sources of information are relevant, identifying the perspective, evaluating credibility of sources

  • credibility of sources: qualifications of writer; circumstances in which source material was generated; internal consistency and agreement with other credible sources; use of supporting evidence and logical conclusions; bias or unstated assumptions

Resolution of conflicts

  • persuasion- inducing others into accepting a point of view through reasoning and argumentation

  • compromise - making concessions

  • consensus building - working toward achieving general agreement

  • negotiation - settling differences through discussion of issues

BASIC PRINCIPLES OF THE CONSTITUTION

Principles of a federal republic

popular sovereignty - authority derived from the people; consent of governed limited government - government can only exercise powers granted to it; according to the rule of law

federalism - power is divided between a central authority and constituent units (national government and states)

separation of powers - distribution of powers among independent branches checks and balances - controlling government power - branches can restrain actions of other branches

Federalists and Anti-Federalists on limited government

  • Federalists: for Constitutional ratification; for the supremacy of the national government; for more powers given to the national government to address weakness of Articles (taxation, national executive and judiciary; for necessary and proper and supremacy clauses

  • Anti-Federalists: against Constitutional ratification; for supremacy of state governments; for the need of a national bill of rights to protect citizens from the powers of national government; and against the necessary and proper and supremacy clauses

  • Constitution ratified - Anti-Federalists achieved success through limitations of government in the Bill of Rights

Civil Liberties Protections in the Bill of Rights

freedoms guaranteed by 1st

Amendment: religion, assembly, press, petition, speech; right to bear arms;

: no unreasonable search and seizure, no warrants without probable cause;

  • no self-incrimination, protection against double jeopardy;

  • right to speedy and public trial by an impartial jury, right to be informed of the charges, the right to confront one's accusers), the right to counsel;

  • no cruel or unusual punishment;

  • and, any power not given to the federal government is given to the states or the people

CONSTITUTIONAL AMENDMENTS

Changing Constitutional Government

  • Article V - processes for amending Constitution - add to, modified, replaced, and/or voided provisions of the original and amendments

  • judicial review - Supreme Court has declared actions of other branches and states unconstitutional

  • Congress has build upon the framework of the Constitution - e.g., civil rights acts and voting rights acts

  • informal practices - changed how constitutional government has been implemented - e.g., legislative oversight of executive branch grew out of Congress' need for information to help draft new legislation

Reconstruction Amendments extended constitutional protections abolishing slavery;

: defining and extending citizenship to all

persons born or naturalized in the U.S.;

  • prohibiting the states from denying due process and equal protection of the law to all persons;

  • preventing the denial of voting rights based on race, color, or previous condition of servitude

  • did not achieve immediate equality because of Jim Crow laws

Civil Rights and Suffrage for Disenfranchised groups

  • Some amendments prohibited the denial of voting rights based on: race, color, previous condition of servitude; age (18-20 year olds); and gender

  • Poll taxes limited voting rights for African Americans and poor people

Constitutional Amendments altered the structure and functions of federal government

  • Electoral College: president chosen based on electoral votes from states - determined based upon number of each state's reps and senators

  • amendments altered Electoral College: separate balloting for president and vice president to avoid a tie

  • Amendments altered functioning of government: presidential term limits, presidential succession and disability