1.6 P2 Citizen Checks + Impeachment

Citizens Checks and Impeachment

Enduring Understanding

• The Constitution established a competitive policy-making process to ensure representation of the people’s will and the preservation of freedom.

Learning Objective

• Explain the implications of separation of powers and "checks and balances" within the U.S. political system.

Essential Knowledge

• The separation of powers and checks and balances provides multiple access points for stakeholders and institutions to influence public policy.

• Impeachment, removal, and other legal actions against public officials who abuse their power reflect the purpose of checks and balances.

Separation of Powers

Overview

• The separation of powers defines the structure of the U.S. government and signifies that the law-making process is long and complex.

• This complexity intentionally slows down the policymaking process, making it challenging for the government to act swiftly.

  • Positive Consequence: The system allows citizens many opportunities to influence law as it progresses from conception to implementation.

Example of Influencing Law

• If Congress passes a law a citizen disagrees with, that citizen has the opportunity to persuade the president to veto it.

Checks and Balances

Functionality

• Checks and balances ensure government accountability to the people and adherence to the law.

• Impeachment serves as a mechanism for addressing government officials who commit crimes or abuse their power.

Access Points in Policymaking

Complexity of Policymaking Process

• The U.S. government, as defined by the Constitution, has a complicated policymaking process that necessitates collaboration among various branches, institutions, and individuals to achieve goals.

Definitions

• Access Points: Opportunities or locations where stakeholders and institutions can engage with government entities.

• Stakeholders and Institutions: These include voters, interest groups, state and local officials, businesses, and non-profit organizations that have vested interests in government policies.

Access Points: Engaging With Congress

Engagement Methods

1. Meet with a Member of Congress: Discuss the effects of Congressional decisions on specific groups or interests.

   • Action: Contact your Congressman.

2. Vote: Elect Congressional members who align with your interests.

3. Join an Interest Group: Affiliate with groups that support similar interests as the Congress member.

4. Political Action Committees (PACs): Contribute to the reelection campaigns of Congressional members.

5. Media Attention: Employ dramatic actions such as protests or marches to capture Congress's attention (e.g., Civil Rights Movement).

Access Points: Engaging With the President

Engagement Methods

1. Direct Meeting: Meet one-on-one with the President to express concerns or interests.

2. Campaign Contributions: Donate to the President's reelection campaign.

Access Points: Engaging With the Federal Courts

Engagement Methods

1. Amicus Curiae Briefs: Submit briefs that provide information and evidence to influence court rulings.

2. Protests: Organize large demonstrations in front of the Supreme Court to draw attention to issues (although effectiveness may vary).

Implications of the Separation of Powers and Checks and Balances

Positive Implications

• The system provides numerous avenues for the public to influence policymaking.

  • Madison emphasized that the people serve as a critical check on the government.

Negative Implications

1. Gridlock: Disagreements between branches may result in an inability to pass legislation (e.g., Senate and House not compromising).

2. Refusal to Cooperate: Instances where one branch might not work with another on impactful matters, often seen when opposing parties control different legislative houses.

Impeachment

Overview of Impeachment Process

• The Constitution outlines procedures for indicting (impeaching) and potentially removing officials for crimes or abuses of power.

• **Grounds for Impeachment: **

  • Treason: Actions that betray the government.

  • Bribery: Acceptance of money or gifts for political favors.

  • High Crimes and Misdemeanors: Serious offenses against the nation and breaches of public trust.

• Impeachment is the formal process of charging a public official, who then undergoes a trial with potential removal from office upon conviction, reinforcing that no one is above the law.

Impeachment Protocol by Legislative Body

House of Representatives

• Has the sole authority to initiate impeachment proceedings against the President.

  • Process: Requires a simple majority vote from the House Judiciary Committee to bring charges and a simple majority vote for impeachment.

Senate

• Has the exclusive responsibility to conduct trials for impeachments.

  • Conviction Requirement: A two-thirds majority is necessary to convict a President, which results in removal from office (this has never occurred).

Federalism

Enduring Understanding

• Federalism illustrates the dynamic distribution of power between national and state governments.

Learning Objective

• Explain how societal needs shape the constitutional allocation of authority between national and state governments.

Essential Knowledge

• The exclusive and concurrent powers of national and state governments elucidate the negotiations surrounding power distribution.

• Power distribution is influenced by societal needs and is manifested through grants, incentives, and aid programs, including federal revenue sharing, mandates, categorical grants, and block grants.

Article 4 of the Constitution

• The Constitution specifies that no person held in service or labor in one state, under its laws, may escape such obligations when moving to another state.

  • This includes the Fugitive Slave Clause, which allowed slave owners to reclaim escaped enslaved individuals who fled to free states.

• The necessity of this compromise was critical for the creation of the United States, as many framers were against such provisions.