Comprehensive Foundations of American Government Study Guide

Classification and Structure of Government Types

Governments are classified by where the power resides and the relationship between the legislative and executive branches. In a Parliamentary system, citizens elect a legislature. The executive leader, known as the Prime Minister, is chosen directly from the members of the parliament or legislature. Consequently, the Prime Minister is part of the legislative branch. A critical feature of this system is that the Prime Minister must resign if they lose the support of the people or the legislature. Conversely, a Presidential system is a form of government in which the executive and legislative branches are separate, independent, and coequal entities.

Regarding the distribution of power, a Unitary government is a state governed as a single power where the central government is ultimately supreme. Any administrative divisions exercise only the powers that the central government chooses to delegate. This is the format used by many countries globally. A Federal system is a system of government in which the national and state governments share power. In a Confederate system, smaller governments hold the majority of the power, rather than the central government. In this arrangement, individual states hold significantly more power than the central government.

Democratic systems are categorized by citizen participation. In a Direct Democracy, everyone gets a chance to vote on every issue. This originated in Ancient Greece, where everyone voted. If taken to an extreme or if government fails, this can lead to Anarchy, which is defined as the absence of government or a state of chaos. An Indirect Democracy, also known as a Republic form, is a system where the people elect representatives to make decisions on their behalf.

Theoretical Foundations and Philosophies of the State

There are several theories regarding the origin of the state. The Divine Right theory suggests that the power to form a state comes directly from God. The Force theory posits that the state was born out of force or coercion. The Social Contract theory asserts that people give up certain individual rights in order to be protected and to establish a state or government. This is based on the premise that it is the will of the people to do this and that they are willing participants in this exchange.

For a state to exist, it must possess four specific characteristics. First is Territory, meaning it needs established borders and land. Second is Government, the agency through which the state exerts its will. Third is Population, referring to the number of people living in the area. Fourth is Popular Sovereignty, which means the government operates through the consent of the people. These concepts are reflected in the Preamble to the Constitution, often remembered through the Schoolhouse Rock Song, which outlines goals such as: establish justice, promote the general welfare, ensure domestic tranquility, provide for the common defense, and secure liberty. It is noted that the American Declaration of Independence served as an inspiration for the French during the French Revolution.

Several philosophers shaped American governing principles. Montesquieu advocated for three branches of government with a system of Checks and Balances and the Separation of Powers. Rousseau was a major supporter of the Social Contract Theory. Thomas Paine wrote Common Sense, which was the first significant call for American independence. Thomas Hobbes believed that people are naturally wicked and that human nature is selfish; therefore, he supported an absolute monarchy. John Locke argued that while human nature might be selfish, the people have the right to overthrow the government if it becomes necessary.

The Constitutional Framework and Foundational Documents

The United States Constitution serves as the primary source document for the country. It contains the fundamental laws setting out the principles, structures, and processes of government. Prior to the Constitution, the United States was governed by the Articles of Confederation. This document was eventually replaced because it was a "hot mess" of a government; it did not give the central government the power to tax or raise an army, and it lacked both a judicial and an executive branch. Its weaknesses were demonstrated by events such as Shays' Rebellion, which occurred before the Constitutional Convention.

During the creation of the Constitution, two major plans were proposed. The Virginia Plan, known as the "Big State Plan," proposed a bicameral legislature where each state would have votes and representatives based on its population size. This led to the creation of the House of Representatives. The New Jersey Plan, known as the "Small State Plan," proposed a unicameral legislature where each state received exactly one vote. This concept is reflected in the US Senate. The Connecticut Compromise, also known as the Great Compromise, was the end result used today, combining elements of both the Virginia and New Jersey Plans.

Article V and the Amendment Process

Article V of the Constitution outlines the process for making changes to the document. There are $4$ methods of amending the Constitution, though only $2$ have ever been used in practice. The first commonly used method is a $2/3$ vote in Congress followed by a $3/4$ vote of the state legislatures. The second method involves a $2/3$ vote of Congress followed by a $3/4$ vote of state conventions.

The Bill of Rights and Civil War Amendments

The first ten amendments are known as the Bill of Rights. The $1\text{st}$ Amendment covers the freedom of religion, assembly, press, petition, and speech (abbreviated as RAPPS). The $2\text{nd}$ Amendment establishes the right to bear arms. The $3\text{rd}$ Amendment prohibits the quartering of troops in private homes. The $4\text{th}$ Amendment protects against illegal search and seizure. The $5\text{th}$ Amendment details the rights of the accused, including Miranda rights, the right to remain silent, and the right to Due Process. The $6\text{th}$ Amendment guarantees the right to a speedy trial and an attorney. The $7\text{th}$ Amendment provides the right to a trial by jury in civil cases. The $8\text{th}$ Amendment protects against cruel and unusual punishment or excessive bail. The $9\text{th}$ Amendment states that citizens have rights not specifically listed in the Constitution. The $10\text{th}$ Amendment stipulates that powers not given to the federal government belong to the states.

Following the Civil War, three specific amendments were passed. The $13\text{th}$ Amendment freed slaves. The $14\text{th}$ Amendment defined national citizenship and forbade states from restricting the basic rights of citizens or other persons. The $15\text{th}$ Amendment prohibits the federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude."

Additional Amendments Expanding Rights and Regulation

Several amendments focused on expanding voting rights and clarifying executive operations. The $19\text{th}$ Amendment granted women the right to vote. The $22\text{nd}$ Amendment set term limits on presidents, restricting them to $2$ terms. The $24\text{th}$ Amendment abolished poll taxes. The $25\text{th}$ Amendment established presidential succession to determine who replaces the president in case of death or disability, specifying the Vice President as first, followed by the Speaker of the House. The $26\text{th}$ Amendment lowered the voting age to $18$.

System of Checks and Balances

The United States utilizes a system of Checks and Balances to ensure no single branch becomes too powerful. The Legislative Branch writes laws and has the power to confirm or reject appointments made by the executive, including judges. The Executive Branch enforces laws, can veto legislation, and appoints judges. The Judicial Branch interprets laws and holds the power of Judicial Review, allows it to declare acts of the legislative or executive branch to be unconstitutional.

Political Parties and Voter Behavior

Political socialization is the process by which individuals develop their political opinions. Historically, the United States has maintained a two-party system since the beginning of its history, a tradition that is promoted by the government and accepted as being too difficult to change. In terms of voter breakdown, those who are members of Unions or minorities typically vote Democrat. Those who are wealthy business people or more religious typically vote Republican.

Interest groups play a role by giving money to candidates to push specific agendas, a process overseen by the FEC (Federal Election Commission), which regulates campaigns and elections. Campaign regulation groups put limits on how much money is given to campaigns and monitor the contributors. Furthermore, the internet has become a useful tool for democracy.

Voter Qualifications and Suffrage

Citizenship carry both rights and responsibilities, including voting, the right to petition, jury duty, and paying taxes. To be qualified to vote, an individual must be at least $18$ years old, a registered resident, and a US Citizen. Groups that generally cannot vote include felons currently in jail or serving a sentence (though it is permissible if they are on parole), resident aliens, the mentally incapacitated, and dishonorably discharged veterans. Voter apathy occurs when people do not vote because they do not care or do not believe their vote will matter, though the guide emphasizes that "YOUR VOTE MATTERS."

Throughout history, suffrage has expanded through the $13\text{th}$, $14\text{th}$, $15\text{th}$, $19\text{th}$, $23\text{rd}$, $24\text{th}$, and $26\text{th}$ Amendments, as well as various Civil Rights Acts and Voting Rights Acts. These measures worked to eliminate Jim Crow laws, such as literacy tests and poll taxes, which were designed to stop people from voting.

The Legislative Branch

The Legislative branch consists of two chambers that represent the same people. The House of Representatives has $435$ members who serve $2$ year terms. The Senate has $100$ members ( $2$ each state) who serve $6$ year terms. The Senate is a continuous body because elections for its members are not held all at the same time. Gerrymandering or redistricting occurs when congressional districts are drawn to the advantage of a certain party, which is considered unfair disenfranchisement and is usually performed by state legislatures.

In the Budget Process, the Federal Budget acquires money through taxes and borrowing. The majority of this money is spent on military and social programs like Social Security, categorized as discretionary spending. The Impeachment Process gives the House of Representatives the power to start procedures and bring charges against a member of the executive branch or a Supreme Court justice, while the Senate has the power to remove them from office.

Committees are special groups within the legislative branch that do the majority of the work through a division of labor. Standing committees are permanent, Joint committees include members of both chambers, Select committees are temporary and deal with current events, and Conference committees work to finalize bills. The bill-making process generally starts in the House, goes through a committee, to the floor, then to the Senate to start the process over again.

The Executive Branch and Foreign Policy

The President is elected via the Electoral College, which has a total of $538$ votes; a candidate needs $270$ to win. If no winner is found, the President is chosen by the House of Representatives. Third parties can cause problems in this system, and since every state has the same power relative to its electors, the popular vote winner does not always win the presidency. Qualifications for the Presidency include being at least $35$ years old, having been a citizen for $14$ years, and being a natural-born US Citizen. The order of succession is: Vice President, Speaker of the House, President Pro Tempore, Secretary of State, and Secretary of the Treasury.

The President's foreign powers include making executive agreements, recognizing other nations, and signing treaties, though treaties must be ratified by $2/3$ of the Senate. However, a President can pull out of treaties without Senate approval. While the power to declare war belongs to Congress, Presidents have made undeclared war in Korea, Vietnam, Iraq, and Afghanistan. The War Powers Resolution was meant to limit the President's war power with three provisions: the President must report to Congress within $48$ hours of deploying troops, must end the use of force within $60$ days unless Congress authorizes more time, and Congress may end military action at any time.

Executive agencies such as the FEC, USPS, SEC, EPA, and FCC (which regulates airwaves for TV and radio) help the President enforce and execute laws. International organizations include the UN, a group of nations working together to maintain peace and security, and agreements like NAFTA/USMCA, joined to promote trade in North America and strengthen the economy. Governments can also use an Embargo to prevent products or goods from reaching another country.

The Judicial Branch and Legal Precedents

There are three levels of federal courts: District, Appellate, and the Supreme Court. Most cases start and are heard in District Courts, while very few make it to the Supreme Court. The Supreme Court issues three types of opinions: a Majority opinion (the official opinion explaining the reasoning), a Concurring opinion (written to add support to the majority), and a Dissenting opinion (written by those in the minority). Judicial Review, established by Marbury v. Madison, is the power of the Supreme Court to declare actions or laws unconstitutional.

Significant Supreme Court precedents include:

1. Marbury v. Madison: Established Judicial Review.
2. McCulloch v. Maryland: Established that the national government is superior to state governments regarding taxes on the Bank of the US.
3. Schenk v. United States: Ruled that the $1\text{st}$ Amendment is limited during war; speech is not protected if it presents a "clear and present danger" (e.g., shouting "fire" in a theater).
4. Dred Scott v. Sandford: Dealt with slave rights and slave states.
5. Plessy v. Ferguson: Established that "separate but equal" was acceptable.
6. Brown v. Board of Education: Overturned Plessy, ruled "separate but equal" is not okay, and desegregated schools.
7. Miranda v. Arizona: Established Miranda Rights, requiring the accused to be informed of their rights upon arrest.
8. Gibbons v. Ogden: Established the right to regulate interstate commerce.
9. Gideon v. Wainwright: Protected the $6\text{th}$ Amendment, ensuring the right to a lawyer in court proceedings.

State and Local Governments

State Constitutions contain fundamental laws and are generally longer and easier to edit than the US Constitution. The oldest form of city government is the Mayor-Council Government, consisting of an elected mayor as chief executive and an elected council as the legislative body. State and local funding relies heavily on property taxes, which pay for schools, police, fire, and education departments.

Citizens can participate in state lawmaking through three procedures. A Recall is a special election where citizens vote to remove a public official from office. A Referendum is a way for citizens to vote on state or local laws. An Initiative is a procedure where a voter comes up with an idea to propose new laws or state constitutional amendments.