Hist 221 Test 2: day 6

The New Legislative Branch

• The legislative branch is bicameral, consisting of two houses: House of Representatives and Senate.

• House of Representatives

  • Members serve two-year terms, making it the shortest term in Congress.

  • Not all 435 members are up for re-election every two years.

• Senate

  • Senators serve six-year terms, the longest in Congress.

  • Every two years, one-third of the Senate is up for election.

The Presidency

• The president serves a four-year term with no original limit on the number of terms.

• The two-term tradition began with George Washington, who chose not to run for a third term.

• Franklin D. Roosevelt broke the tradition by being elected four times.

• After Roosevelt's terms, a constitutional amendment was passed limiting presidents to two full terms.

Judicial Branch

• Federal judges, including Supreme Court justices,

  • Nominated by the President and confirmed by the Senate.

  • Serve for indefinite terms, typically until death or resignation.

• Judges can be impeached based on misconduct or issues.

• The Supreme Court has the power to rule on the constitutionality of laws, a power established by tradition.

Checks and Balances

• Presidential Veto Power

  • The President can veto legislation; Congress can override with a two-thirds vote.

• Judicial Review

  • Supreme Court can declare laws unconstitutional, influencing legislative action.

• Impeachment is another check where Congress holds the power to impeach the President or federal judges.

Federalist Era

• The new government began operating under the Constitution in 1789.

• This decade is called the Federalist Era, marked by support for a centralized government, led by Federalists like George Washington and John Adams.

• Opposition to the Federalists led to the formation of the Jeffersonian Republicans (not the present-day Republican Party).

Washington's Presidency

• Washington established several precedents, including the formation of the Cabinet.

• Cabinet Members

  • Thomas Jefferson: Secretary of State

  • Alexander Hamilton: Secretary of the Treasury

• Washington was inaugurated in New York, and the capital later moved to Washington, D.C.

Judicial Branch Structure

• The Constitution is vague about the judicial branch, stating Congress will create a superior court and lower courts.

• The Judiciary Act of 1789 organized the lower courts and established federal judicial systems.

• The first Supreme Court Justice was John Jay.

Bill of Rights

• Many argued for a Bill of Rights to guarantee individual liberties, leading to the first ten amendments.

• The debate over rights included ensuring specific freedoms and limitations on government power.

• Important Amendments

  • First Amendment: Freedom of speech, religion, press.

  • Second Amendment: Right to bear arms, with ongoing controversy.

  • Fourth Amendment: Protection against unreasonable searches and seizures.

  • Fifth and Sixth Amendments: Rights in criminal trials, including the right to not self-incriminate.

  • Tenth Amendment: Powers not delegated to the federal government are reserved to the states.

Hamilton's Financial Plan

• The U.S. was in debt after the Revolutionary War; Hamilton proposed a solution.

• Assumption of Debt

  • Hamilton wanted to assume federal and state debts to stabilize the economy.

  • Controversial as some states had already paid off their debts.

• Establishment of the Bank of the United States

  • Proposed to centralize national finances and promote economic growth.

  • Led to debates over whether it was constitutional, with Jefferson arguing against it.

Interpretation of the Constitution

• The Federalists (supporters of Hamilton) favored a broad interpretation, allowing implied powers.

• The Jeffersonians (opponents) argued for a narrow interpretation, restricting powers not explicitly stated in the Constitution.

• This debate over interpretation will shape U.S. governance and the power dynamics of federalism.

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more detailed below

The New Legislative Branch

The legislative branch of the United States government is bicameral, comprising two houses: the House of Representatives and the Senate.

House of Representatives

• Composition and Terms: The House consists of 435 members, each serving two-year terms, making it the shortest term in Congress. The number of representatives for each state is determined by its population, with the total number adjusted every ten years following the census.

• Elections: Not all 435 members are up for re-election every two years; instead, all members face election during the even-numbered years, creating a dynamic environment for political shifts.

• Responsibilities: The House has exclusive powers, including the ability to initiate revenue bills and impeach federal officials.

Senate

• Composition and Terms: The Senate is made up of 100 senators, with each state represented by two senators serving six-year terms, the longest in Congress. This staggered election ensures continuity, with one-third of the Senate up for election every two years.

• Responsibilities: The Senate has the unique role of confirming presidential appointments, such as federal judges and Cabinet members, and ratifying treaties.

The Presidency

• Term Limitations: The president serves a four-year term, with no original limit on the number of terms they could serve. The two-term tradition, established by George Washington, was later codified by the 22nd Amendment after Franklin D. Roosevelt was elected four times.

• Powers and Responsibilities: The president acts as the head of state, commander-in-chief of the armed forces, and the chief diplomat, responsible for shaping foreign policy and representing the U.S. internationally.

Judicial Branch

• Structure: Federal judges, including Supreme Court justices, are nominated by the President and confirmed by the Senate. They serve for lifetime appointments, typically until death or resignation, which allows them to operate independently of political pressures.

• Powers: The Supreme Court possesses the power of judicial review, empowering it to declare laws unconstitutional, a principle established in Marbury v. Madison (1803).

Checks and Balances

• Presidential Veto Power: The President has the authority to veto legislation passed by Congress; however, Congress can override a veto with a two-thirds majority in both houses, showcasing the balance of power.

• Judicial Review: This allows the Supreme Court to influence legislation and protect civil liberties by reviewing the constitutionality of laws.

• Impeachment: Congress holds the power to impeach the president or federal judges, a significant check designed to maintain accountability in government.

Federalist Era

• The new government began operating under the Constitution in 1789, ushering in a period known as the Federalist Era. This time was characterized by support for a centralized government, primarily by Federalists like George Washington, Alexander Hamilton, and John Adams.

• Opposition: The opposition to Federalist policies led to the emergence of the Democratic-Republican Party, founded by Thomas Jefferson and James Madison, advocating for states' rights and a more agrarian-based economy.

Washington's Presidency

• Cabinet Formation: Washington established the first Cabinet to advise him, including prominent figures like Thomas Jefferson (Secretary of State) and Alexander Hamilton (Secretary of the Treasury), setting a precedent for future administrations.

• Capital Relocation: Washington was inaugurated in New York City, but the nation's capital moved to Washington, D.C., in 1800, serving as a symbol of the federal government's strength and independence.

Judicial Branch Structure

• The Constitution's vagueness regarding the judicial branch prompted the Judiciary Act of 1789, which organized federal courts and established the legal framework for the judiciary. John Jay became the first Chief Justice of the United States.

Bill of Rights

• The demand for a Bill of Rights emerged to protect individual liberties and limit government power, leading to the ratification of the first ten amendments to the Constitution in 1791.

• Significant Amendments: The First Amendment guarantees freedoms concerning religion, speech, assembly, and the press. The Second Amendment protects the right to bear arms, while the Fourth Amendment safeguards against unreasonable searches and seizures. The Fifth and Sixth Amendments ensure rights in criminal trials, including protection against self-incrimination and the right to counsel. The Tenth Amendment reserves powers not delegated to the federal government to the states.

Hamilton's Financial Plan

• In response to national debt following the Revolutionary War, Alexander Hamilton proposed a comprehensive financial plan aimed at restoring the nation's credit and fostering economic growth.

• Assumption of Debt: Hamilton advocated for the federal government to assume both federal and state debts, a controversial move as some states had already settled their obligations.

• Bank of the United States: He proposed establishing the Bank of the United States to centralize and manage the nation’s finances, igniting debates over its constitutionality. Jeffersonian Republicans opposed this, arguing for a strict interpretation of the Constitution.

• Interpretation of the Constitution: The Federalists supported a broad interpretation allowing for implied powers, while Jeffersonians favored a narrow view, restricting government authority to that explicitly stated in the Constitution. This ongoing debate laid the foundation for future governance structures and federalism debates.