Civics and Government Notes

Civics and Government

Types of Historical and Modern Governments

  • Governments are institutions that:
    • Make laws
    • Interpret laws
    • Implement laws
    • All for the people in a community.
  • These processes:
    • Maintain order in society
    • Provide security for citizens
  • Citizens in the United States influence the government by electing leaders.
  • The U.S. government is designed to protect citizens' rights and freedoms.
  • Four basic types of governments throughout history:
    • Oligarchy
    • Monarchy
    • Dictatorship
    • Democracy
Oligarchy
  • Power is held by a small group of people.
  • Members are usually from the upper class (nobles, military officers).
  • They are not elected by citizens.
  • Rulers exercise power in their own interests, not for society at large.
Monarchy
  • Power is held by a king, queen, emperor, or empress.
  • The leader rules until death, then leadership is passed to heirs.
  • Traditional monarchy: leader has absolute power.
  • Constitutional monarchy (e.g., Great Britain, Netherlands):
    • Ruler's powers are limited by laws (written or unwritten).
    • Modern constitutional monarchies: ruler has little power and mainly serves as a ceremonial head of state.
Dictatorship
  • A single leader exercises absolute power over nearly every aspect of life.
  • The leader (dictator) is not bound by rules and can change laws at will.
  • Elections, if permitted, are meaningless because no transfer of power is allowed.
Democracy
  • Citizens exercise power on their own behalf.
  • The earliest democracy was established in Athens, ancient Greece (510 BCE).
    • This was a direct democracy where all citizens participated directly in making laws and in the government.
  • Today's democracies are representative democracies as they are in much larger nations.
    • Citizens elect representatives to carry out the functions of government.
    • Every citizen has a voice, either directly or through elected representatives.
  • Republic: head of state is a person elected by voters (not a hereditary constitutional monarch).
Parliamentary vs. Presidential Democracy
  • Parliamentary democracy (e.g., Australia, Great Britain, Canada):
    • Government leaders are chosen by the political party that holds a majority of seats in the legislature (parliament) based on elections.
    • If no party holds a majority, several parties may form a coalition government.
    • Executive power is exercised by a prime minister, premier, or chancellor, assisted by cabinet members.
    • The prime minister is the head of the government and leader of the political party with the most seats in parliament.
    • The government remains in office as long as the parliament supports its policies.
  • Presidential democracy (e.g., United States and France):
    • Headed by a powerful chief executive (president) elected by the voters, generally for a set number of years.
    • The president is separate from the legislature and exercises considerable independent power, but actions are limited by the constitution and other laws.

Basic Principles of American Constitutional Democracy

  • The founders based their ideas on principles developed by earlier thinkers in Great Britain and Europe.
Natural Rights
  • Individuals have certain rights simply by being human beings.
  • Rights are derived from nature, not granted by a ruler or law.
  • Rights are absolute and not revocable.
  • The idea dates back to the European Enlightenment (17th and 18th centuries).
  • John Locke (1632-1704) stated that the government's duty is to protect people's rights to life, liberty, and property.
  • The Declaration of Independence states that people are "endowed by their Creator with certain unalienable Rights," including life, liberty, and the pursuit of happiness.
Popular Sovereignty
  • The government derives its power from the consent of the governed.
  • People subject to the government's decisions have the right to a voice in deciding how those decisions are reached.
  • This was a fundamental belief of the 18th-century American colonists.
  • Following the Revolutionary War, the idea of popular sovereignty was one of the bases on which the government of the United States was founded.
  • The people, through their elected representatives, have a voice in how governmental decisions are made.
Constitutionalism
  • A way of thinking that combines the ideas of limited government and the rule of law.
  • These ideas are found throughout the U.S. Constitution.
  • The government is entitled to exercise certain powers, but its powers are limited to protect citizens' rights.
  • Limited government: government's powers are spelled out and limited by laws and the Constitution.
  • Rule of law: neither citizens nor government officials are permitted to break the laws or violate the Constitution.
  • Constitutionalism was written into the Preamble of the U.S. Constitution. The Preamble states that the government is given the powers needed to protect the people, but that its powers are limited and cannot be used unjustly against the citizens.
Majority Rule and Minority Rights
  • Because the U.S. government is based on the consent of the governed, majority rule is an important basic concept.
  • Decisions are made by a vote of more than half of the people who participate, whether it is an election or an act of the legislature.
  • The founders were aware that a majority might abuse its power and might not respect the rights of a minority.
  • Majority rule needs to be limited so that minority rights are guaranteed.
  • Those with unpopular views, whether they are individuals or minority groups, must be protected from oppression by the majority.
  • One way this protection is granted in the United States is by the Bill of Rights, which protects the basic rights of individual citizens.
Federalism
  • An important principle that provides for the separation of powers and functions between the federal government and the governments of the states.
  • The federal government exercises supreme power throughout the country.
  • It has exclusive control over issues such as:
    • Declaring war
    • Making treaties with other countries
    • National defense
    • Regulating trade
  • The state governments control:
    • Functions that are not assigned to the federal government
    • Local issues covered by state and local laws
  • The Tenth Amendment to the U.S. Constitution grants powers to the states that the Constitution has not assigned specifically to the federal government.

Structure and Design of the U.S. Federal Government

  • The structure of the U.S. federal government is based on the separation of powers.
  • The Constitution divides the federal government into three branches:
    • Executive branch (the president)
    • Legislative branch (Congress)
    • Judicial branch (the court system)
  • This division prevents any one branch of the government from having too much power.
  • If one branch abuses its power, the other two are available to restrain it.
  • This is known as a system of checks and balances.
  • The division of government into three branches was first proposed by the French political philosopher Montesquieu in the 18th century. He believed that this division of power promoted liberty.
  • The idea of separation of powers is one of the main components of modern constitutional government.
Checks and balances
Legislative Branch
  • The Congress has the House of Representatives and Senate
  • Checks the Executive Branch:
    • Congress approves presidential nominations and controls the budget.
    • It can pass laws over the president's veto and can impeach the president and remove him or her from office.
  • Checks the Judicial Branch:
    • The Senate confirms the president's nominations.
    • Congress can impeach judges and remove them from office.
  • House and Senate can veto each other's bills.
Executive Branch
  • The president has the Executive office and cabinet departments and independent government agencies.
  • Checks the Legislative Branch:
    • The president can veto congressional legislation.
  • Checks the Judicial Branch:
    • The president nominates judges.
Judicial Branch
  • The Courts has Supreme Court, Courts of Appeal, and District Courts.
  • Checks the Legislative Branch:
    • The Court can declare laws unconstitutional.
  • Checks the Executive Branch:
    • The Court can declare presidential acts unconstitutional.
Branches of the US Government
  • The legislative branch, which is Congress, makes the laws.
  • The executive branch is the president and the members of his or her administration. The president is elected separately from the members of Congress.
  • The executive branch is responsible for enforcing the laws. It also has the power to veto acts of Congress, thus limiting the power of the legislative branch.
  • The judicial branch, which is the court system, is responsible for interpreting the laws.

The Legislative Branch

  • The legislative branch, the U.S. Congress, is composed of two houses:
    • The House of Representatives (lower house)
    • The Senate (upper house)
  • These two houses are equal in power but differ in how they are elected and the number of members.
  • Members of the House are elected from districts that each include a roughly equal number of voters.
  • The districts are redrawn ("reapportioned") every 10 years based on the results of a census.
  • States with larger populations contain more electoral districts and therefore elect more members to the House.
  • Members of the House serve two-year terms.
  • In the Senate, each state is represented by two senators, regardless of the state's population.
  • States with small populations have the same number of votes in the Senate as states with large populations.
  • Senators are elected by all the voters in a state and serve six-year terms, with one-third up for election every two years.
  • The Speaker of the House is the presiding officer of the House and is elected by the members.
    • He or she is typically the leader of the majority party.
  • The powers of Congress are listed in Article I of the U.S. Constitution.
  • These listed powers are called enumerated powers, although the elastic clause allows Congress to stretch its powers to fit specific situations as needed.
  • Some of the enumerated powers held by Congress include:
    • The power to tax
    • To regulate commerce and the currency
    • To introduce bills
    • To declare war
    • To maintain the army and navy
    • To admit new states into the Union
    • To approve treaties
    • To impeach the president
  • Most of these powers are shared by both houses; however, some are assigned to either the Senate or the House only.

The Executive Branch

  • Includes the president, the vice president, and the agencies that enforce the laws of the United States.
  • The president is elected by the people for a four-year term and may serve no more than two terms.
  • Article II of the Constitution outlines the responsibilities of the president, which include:
    • Serving as commander-in-chief of the armed forces
    • Appointing judges to the Supreme Court
    • Nominating major executive officers
    • Executing and enforcing laws enacted by Congress
    • Vetoing bills sent by Congress as he sees fit. Congress can override the president's veto of a law with a two-thirds vote of both houses.
  • The U.S. Constitution gives the president the power to negotiate and sign treaties with other countries. These treaties must be ratified by a two-thirds vote of the Senate.
  • The Constitution also requires the president to give Congress information regarding the State of the Union, which is traditionally an address to a joint session of Congress each year in January.
  • The Constitution established three qualifications for being elected president:
    • A candidate must be at least 35 years old
    • Must be a natural-born citizen of the United States
    • Must have lived in the country for a minimum of 14 years.
  • The vice president assumes the presidency if the president is unable to complete a term.
  • The vice president also serves as president of the Senate, where his or her vote may be needed to break a tie.
  • Other vice presidential duties are assigned at the president's discretion.
  • The Speaker of the House is third in line to succeed the president, following the vice president.
Oath of Office
  • The president must swear that he will faithfully execute the Office of the President of the United States, and will to the best of his Ability, preserve, protect and defend the Constitution of the United States.

The President's Cabinet

  • The cabinet is a group whose role is to advise the president on subjects related to each member's office.
  • This group includes:
    • The Vice President of the United States
    • The heads of executive departments
  • Including the Attorney General and the secretaries of:
    • Agriculture
    • Commerce
    • Defense
    • Education
    • Energy
    • Health and Human Services
    • Homeland Security
    • Housing and Urban Development
    • Interior
    • Labor
    • State
    • Transportation
    • Treasury
    • Veteran's Affairs
  • Each of these officials is appointed by the president and then confirmed by the Senate and is responsible for running a major federal agency and for carrying out the day-to-day operations of the federal government.
  • Each cabinet member takes the title of "Secretary" of his or her department, with the exception of the head of the justice department, who is known as the Attorney General.
  • Following the vice president, the Speaker of the House, and the Senate President pro tempore, the cabinet members are included in the line of succession to the presidency in the order in which their departments were created.
  • The departments and agencies preside takes responsibility for a different set of government functions.
    • The Department of Agriculture is responsible for ensuring the safety of food and regulating farming.
    • The Department of Commerce is responsible for improving the living standards of the citizens of the country through economic development, and for regulating trade, banking, and the economy. The Census Bureau is a part of this department, as is the Patent and Trademark Office.
    • The Department of Defense (DOD) is the largest government agency and includes the armed forces of the United States. This department, which is headquartered at the Pentagon in Washington, D.C., helps protect the security of the country.
    • The Department of Education is responsible for promoting student achievement and making sure that all students have equal access to a quality education. This department administers financial aid for students and gathers data on schools in order to guide improvements for education in the United States.
    • The Department of Energy regulates utilities and is responsible for ensuring the security of the country's power supplies. It also promotes new technology to conserve energy resources. The department provides funds for scientific research in this area.
    • The Department of Health and Human Services includes the Food and Drug Administration (FDA), the Centers for Disease Control (CDC), and the National Institutes of Health and Administration on Aging. This department works to ensure the health of U.S. citizens and administers Medicare and Medicaid, which provide health insurance to approximately 25% of Americans.
    • The Department of Homeland Security was established following the terrorist attacks of 2001 and is responsible for security within the United States, and for patrolling the borders. This department was created by combining 22 executive branch agencies. It includes the Immigration and Naturalization Service, the U.S. Secret Service, the U.S. Coast Guard, and the Transportation Security Administration.
    • The Department of Housing and Urban Development (HUD) promotes affordable home ownership for U.S. citizens and makes sure that there is no discrimination against those trying to purchase a home. It provides mortgage and loan insurance, administers public housing, and offers assistance to the homeless.
    • The Department of the Interior works to protect, conserve, and nurture national resources, including national parks and wildlife. This department manages about 20% of the land in the United States and protects endangered species. Agencies such as the Fish and Wildlife Service and the Bureau of Indian Affairs fall under the responsibility of this department.
    • The Department of Justice is the largest law office in the world. It is responsible for enforcing the laws and for protecting the interests of U.S. citizens. It works to ensure public safety, control crime, and seek justice for individuals who are guilty of committing crimes. It includes a total of 40 organizations, including the Federal Bureau of Investigation (FBI), the Federal Bureau of Prisons, and the Drug Enforcement Administration (DEA).
    • The Department of Labor enforces labor laws in the United States and protects the safety and rights of workers. The programs of this department deal with job training, minimum wage levels, unemployment insurance, and discrimination in hiring. The Occupational Safety and Health Administration (OSHA) and the Bureau of Labor Statistics are part of this department.
    • The Department of State is responsible for diplomatic relations with other countries and works to develop and implement the foreign policies of the president. This agency and its representatives reflect the United States as part of the worldwide community. The Secretary of State, who leads this department, is the president's top advisor on foreign policy.
    • The Department of Transportation is responsible for maintaining and ensuring the safety of the nation's transportation network. It was responsible for establishing the Interstate Highway System, and it includes the Federal Highway Administration, the Federal Aviation Administration, and the National Highway Traffic Safety Administration.
    • The Department of the Treasury collects taxes, manages federal finances, produces coins and currency, and oversees the financial and economic stability of the United States. It works with other agencies, with the governments of foreign countries, and with international financial institutions to raise the standard of living and encourage economic growth worldwide.
    • The Department of Veterans' Affairs offers medical care for veterans who are wounded or ill and administers benefits to those who have served in the armed forces and to their families.

The Judicial Branch

  • The judicial branch of the federal government includes the Supreme Court, the most powerful court in the country, whose responsibility is to determine whether or not laws are constitutional. This process is called judicial review.
  • The judicial branch is responsible for determining the meaning of laws and whether or not laws have been followed.
  • The Supreme Court is composed of nine justices who are appointed by the president and confirmed by the U.S. Senate. The justices serve for life.
  • The Chief Justice is the head of this elite group; the others are known as associate justices. The exact number of justices is determined by Congress.
  • Although there have been nine members since 1869, this number had formerly been as low as six.
  • A decision is reached when a majority of these justices agree.
  • One responsibility of the Chief Justice is to administer the oath of office at presidential inaugurations. Another is to preside over impeachment hearings.
  • According to Article III of the Constitution, the Supreme Court is empowered to rule on cases that involve a state and citizens from a different state, controversies between states, and patent and copyright issues.
  • Because the Supreme Court's responsibility is to interpret what a law means, it generally does not hold trials. The justices may, however, accept legal briefs, hear arguments, or ask questions of the parties in the case.
  • In addition to the Supreme Court, the judicial branch also includes the United States district courts and United States courts of appeal. The district courts try most federal cases. The courts of appeal are responsible for reviewing appealed district court cases. These courts must abide by the decisions and interpretations of the Supreme Court. Once the Supreme Court makes a ruling or interprets a law, the inferior courts must apply this interpretation to other cases.

Amending the Constitution

  • According to Article V of the U.S. Constitution, the Constitution can be modified. Only 27 changes have been made despite the fact that thousands have been proposed. These changes or additions to the Constitution are called amendments. The fact that the Constitution can be modified allows the government to adapt to changes that take place in the country.
  • The amendment process, which is spelled out in Article V of the Constitution, begins one of two ways. Either Congress or a group of state legislatures can propose a change. The president plays no role in the process.
  • The proposed amendment is presented to the states in the form of a joint resolution. Each state governor then submits the amendment to his or her state legislature.
  • After an amendment has been proposed, three-fourths of the state legislatures must ratify, or approve, the change before it becomes law.
  • The only amendment to have been ratified by all 50 states was the Twentieth Amendment. This amendment set the beginning and ending dates for presidential and congressional terms.
The Constitutional Amendment Process
  • Proposed by Congress with 2/32/3 votes of both houses Ratified by 3/43/4 of state ratifying conventions OR Proposed by convention called by Congress on application of 2/32/3 of state legislatures Ratified by 3/43/4 of state legislatures OR Ratified by 3/43/4 of state legislatures Ratified by 3/43/4 of state ratifying conventions

The Bill of Rights

  • The first 10 amendments to the Constitution, which were proposed and ratified by the First Congress, are known as the Bill of Rights.
  • These amendments were proposed by James Madison in 1789 because several states wanted the Constitution to provide stronger protection for individual liberties.
  • The amendments in the Bill of Rights place specific restrictions on the government's power and guarantee certain rights and civil liberties to the citizens.
  • These civil liberties include:
    • Freedom of religion
    • Freedom of speech
    • Freedom of the press and assembly
    • Freedom from unreasonable searches and seizures
Bill of Rights Amendments
  • Amendment I: Freedom of religion, speech, the press, assembly, and petition
  • Amendment II: Right to keep and bear arms in order to maintain a well-regulated militia
  • Amendment III: No quartering of soldiers in private homes without the owner's consent
  • Amendment IV: Freedom from unreasonable searches and seizures
  • Amendment V: Right to due process of law; freedom from self-incrimination and double jeopardy
  • Amendment VI: Rights of accused persons, such as the right to a speedy and public trial by jury
  • Amendment VII: Right of trial by jury in civil cases
  • Amendment VIII: Freedom from excessive bail and from cruel and unusual punishments
  • Amendment IX: Rights in addition to those stated in the Constitution
  • Amendment X: Powers reserved to the states

Citizens' Rights and Civic Responsibilities

  • The Bill of Rights guarantees certain civil rights of American citizens.
  • Other rights protected by the federal government but not included in the Bill of Rights are economic rights. These include the right to own property or a business.
  • The government also protects people from discrimination by enacting laws that ensure equal treatment of people regardless of race, religion, age, or gender.
  • American citizens have responsibilities to their country and community as well.
  • Civic responsibilities are key to making a democratic system of government work.
  • Civic responsibilities include:
    • Paying taxes
    • Registering for military service
    • Performing jury service
    • Obeying federal, state, and local laws
  • Paying taxes provides the government with the funds needed to provide public goods and services, such as schools, law enforcement, roads, and parks.
  • Serving on juries enables those accused of crimes to have a trial before a jury of their peers, as guaranteed by the Bill of Rights.
  • Registering for military service helps to protect the country.
  • Civic responsibilities also include voting.
  • Because the United States is a democracy, it is important for people to voice their opinions by voting.
  • Citizens who have reached the age of 18 can register to vote and thus help select government officials and influence government policy.
  • Of the 27 amendments to the Constitution, four address who is able to vote. These amendments stipulate that citizens must be 18 years old or older and may be men or women of any race. The amendments also guarantee that citizens are not required to pay a special tax in order to vote.

Political Parties

  • Political parties are organizations that seek power and influence within the government.
  • The members of a party share similar opinions and ideas about many issues.
  • The members of a party choose a candidate to run for a government office and work to gain public support and votes for their chosen candidate.
  • In the early years of the United States, there were political parties that were different from the ones we see today. The issues they faced were different from the ones that are the focus of politics today.
  • The first political parties were established by people who had differing visions for the future of America.
    • Thomas Jefferson wanted the federal government to play a less active role. He wanted the powers of the president to be limited, and he wanted the United States to have a close relationship with France.
    • Alexander Hamilton, on the other hand, believed that the United States should have a strong federal government. He also wanted the country's president to be strong. He believed that the country should have a strong relationship with Great Britain.
  • Today in the United States, the two main political parties are the Democrats and the Republicans.
  • Each of the two main parties includes people with a range of different viewpoints. However, each one also has a central core of defining beliefs.
Democrats
  • Are more liberal, or left wing.
  • Support a broad, more active role for the federal government.
  • Support laws favoring workers and strong, government-run social programs.
Republicans
  • Are more conservative, or right wing.
  • Generally favor the rights of the states rather than the federal government.
  • Support policies that favor business owners and managers and private solutions to social problems.

Political Campaigns, Elections, and the Electoral Process

  • In the United States, presidential elections are held every four years on the first Tuesday of November.
  • Elections for senators and representatives are held at the same time.
  • Senators and representatives are also elected in "off-year" elections, which take place midway through the four-year presidential term.
  • In advance of the main "general" elections, political parties hold a series of primary elections. In these elections, candidates from the same party for the same office run against one another to determine which one will be the party's nominee in the general election.
  • Despite the fact that millions of citizens vote for their favored candidates in these elections, the president is not elected directly by the people. Rather, the citizens elect members of the Electoral College, which is the formal body that actually elects the president.
  • The number of electors for each state is equal to the number of senators and representatives from that state in Congress.
  • These electors cast votes for the presidential candidates. In order to win the presidency, a candidate must receive at least half of the electoral votes.
  • Generally, the candidate who receives the majority of the citizens' votes within a state receives all of the electoral votes for that state. Because of the way the Electoral College works, a candidate who receives a majority of citizens' votes nationwide may still fail to gain a majority of electoral votes and thus lose the presidency.

Contemporary Public Policy

  • Public policy is whatever course of action a government adopts regarding a given issue.
  • The actions taken may include passing laws, enforcing rules or regulations, and providing funding or other resources.
  • Most of the public policies of the United States are implemented through the executive branch of the government.
  • When deciding upon a public policy, it must be determined who will benefit from the policy and who will be responsible for the costs.
  • Some major categories of public policy include:
    • Criminal justice
    • Culture and society
    • Economic affairs
    • Education
    • The environment
    • Government operations
    • Health
    • Social welfare
    • Foreign affairs and national security
  • Interest groups try to influence public policy by providing information and education on an issue, by advocating for the issue in public speeches or the media, or by organizing campaigns to influence lawmakers to support their cause.
  • Because a democracy is government by the people, interest groups have an important influence on the shaping of public policy.