Key Concepts in U.S. Government and Politics

Legislative Branch

• House of Representatives:
  • Elected directly by the people every 2 years.
• Senate:
  • Originally chosen by state legislatures, now directly elected every 6 years (17th Amendment).

Election and Appointment Processes

• Executive Branch:
  • President: Elected through the Electoral College.
• Judicial Branch:
  • Supreme Court & Federal Courts: Appointed by the President and confirmed by the Senate.

Key Constitutional Clauses

• Commerce Clause:
  • Empowers Congress to regulate trade:
  • Between states.
  • With foreign nations.
  • With Native American tribes.
• Necessary & Proper Clause (Elastic Clause):
  • Permits Congress to create laws essential to execute its lawful powers.
• Supremacy Clause:
  • Establishes that the Constitution and federal laws are the highest rule of law, superseding state laws in conflicts.

Federalism

• Dual Sovereignty:
  • Federal and state governments each possess distinct authority.
• Reserved Powers:
  • Powers exclusive to the states (e.g., education, election processes).
• Concurrent Powers:
  • Shared powers between federal and state governments (e.g., taxation, infrastructure).

Campaign Finance

• Hard Money:
  • Direct donations to individual candidate campaigns, heavily regulated.
• Soft Money:
  • Donations to political parties or outside groups, often less regulated.

Presidential Nomination & Election Process

• Candidates compete in primaries and caucuses for delegates.
• Major parties nominate candidates at national conventions.
• The general election outcome is determined by the Electoral College.

Congressional Districting

• District lines are redrawn post-census every 10 years.
• Managed mainly by state legislatures, occasionally by independent commissions.

Structure of the Executive Branch

• Components:
  • President
  • Vice President
  • Executive Office of the President
  • Cabinet departments
  • Independent agencies

Oversight Over Bureaucracy

• Congress's Role:
  • Conducts hearings, investigations, and manages budgets to oversee.
• President's Influence:
  • Appointments and executive orders.

Presidential Powers

• Constitutional Powers:
  • Commander-in-Chief of the military
  • Veto legislation
  • Negotiate treaties (with Senate consent)
  • Appoint officials.
• Inherent Powers:
  • Powers not explicitly listed but necessary for governance (e.g., executive orders).

Congressional Procedures: House vs. Senate

• House of Representatives:
  • More rules and structured.
  • Limited debate time.
  • Stronger leadership (Speaker of the House controls).
• Senate:
  • Fewer procedural restrictions.
  • Unlimited debate possible (filibuster).
  • Senators have more individual authority.

Types of Law

• Criminal Law:
  • Government prosecution for violations of law.
• Civil Law:
  • Disputes between individuals or organizations (contracts, family law).
• Public Law:
  • Laws governing the relationship between individuals and the government (constitutional law).

State Governors

• Execute state laws, propose budgets, and possess veto power.
• Powers vary across states.

State Legislatures

• Function similar to Congress at the state level, passing laws and setting budgets.
• Generally bicameral, except Nebraska which is unicameral.

Relationship Between State & Local Governments

• Local governments derive authority from state legislation.
• States outline local government structures and powers.

Local Government Finance

• Funded mainly via property and sales taxes with some aid from state and federal sources.
• Funds are allocated for schools, police, roads, etc.

Federalist 78

• Written by Hamilton:
  • Advocates for an independent judiciary.
  • Judges should serve for life under good behavior.
  • Courts must preserve the Constitution through judicial review by nullifying unconstitutional laws.