U.S. Government: Constitution, Branches, and Processes

Posted on Dec 25, 2024 in Law & Jurisprudence

Major Constitutional Articles and Provisions

  • Article I: Legislative Branch – Creates Congress (House & Senate), outlines powers (tax, regulate commerce, declare war), and processes (impeachment, lawmaking).
  • Article II: Executive Branch – Defines presidential powers (commander-in-chief, treaties, appointments) and duties (State of the Union).
  • Article III: Judicial Branch – Establishes the Supreme Court and lower courts, jurisdiction, and trial processes.
  • Article IV: State Relations – Full Faith and Credit Clause; extradition; admitting new states.
  • Article V: Amendment Process – 2/3 Congress or states propose, 3/4 states ratify.
  • Article VI: Supremacy Clause – Constitution > federal laws > state laws.
  • Article VII: Ratification – 9/13 states needed to ratify the Constitution.

Judicial Review vs. Activism

  • Judicial Review: The power of courts to determine if laws/actions are constitutional (established in Marbury v. Madison).
  • Judicial Activism: When judges interpret the Constitution in a way that reflects contemporary values or policy needs, sometimes seen as “legislating from the bench.”

Committees

Bill to Law Process

  1. Bill introduced → Committee → Debate → Vote → Other Chamber → President.
  2. Committees handle bills, hold hearings, and mark up (revise) legislation.

Types of Committees

  • Standing: Permanent, focus on specific areas (e.g., Education, Finance).
  • Select: Temporary, investigate specific issues.
  • Joint: Members of House & Senate, focus on broad topics.
  • Conference: Resolve House-Senate differences on bills.

Functions: Oversee agencies, hold hearings, amend bills, and kill or advance legislation.

Amendment Process

  • Amendment 9: Rights not listed in the Constitution still exist (unenumerated rights).
  • Amendment 10: Powers not given to the federal government are reserved for states/people (states’ rights).
  • Amendment 14: Citizenship, Due Process (applies Bill of Rights to states), Equal Protection Clause.
  • Amendment 17: Direct election of U.S. Senators (before this, state legislatures chose senators).

Gerrymandering

  • Definition: Redrawing district boundaries to benefit a political party or group.
  • Techniques:
    • Packing: Concentrating opposing voters in one district.
    • Cracking: Splitting opposing voters across districts to dilute their influence.
  • Effects: Undermines representation and competitiveness in elections.

Power of Congress

Leadership

  • House: Speaker of the House → Majority/Minority Leaders → Whips.
  • Senate: Vice President (presides), President Pro Tempore, Majority/Minority Leaders.

Representation

  • Delegate: Vote based on constituents’ wishes.
  • Trustee: Vote based on personal judgment.
  • Politico: Mix of both.

Jobs

  • Make laws, declare war, oversight of the executive branch, budget control, impeachment.

House vs. Senate

  • House: 435 members, shorter terms (2 years), more rules, focus on revenue bills.
  • Senate: 100 members, longer terms (6 years), fewer rules, focus on treaties and confirmations.

Filibuster

  • Definition: Senate tactic where debate is prolonged to delay or block a vote.
  • Cloture: A 60-vote supermajority can end a filibuster.
  • Purpose: Protect minority party interests, but criticized for stalling legislation.

Incumbency Effect

  • Definition: Current officeholders are more likely to win re-election due to:
    • Name recognition
    • Fundraising advantage
    • Constituency services (casework)
    • Gerrymandered districts.

Executive Powers

Executive Orders

  • Directives issued by the president to manage operations of the federal government.
  • Do not require congressional approval but can be overturned by courts or future presidents.

Roles

  • Chief Executive: Enforces laws.
  • Commander-in-Chief: Leads military.
  • Chief Diplomat: Treaties, foreign relations.
  • Legislative Leader: Proposes bills, veto power.
  • Head of State: Ceremonial leader.

Limits

  • Congressional oversight, funding control, impeachment, and judicial review.

Commerce Clause Issues

  • Commerce Clause: Congress regulates interstate commerce.
  • Expansion: Used to justify federal power over many areas (e.g., Civil Rights Act).
  • Controversy: Critics argue it leads to federal overreach (U.S. v. Lopez limited its scope).

Branches: Interactions

  • Checks and Balances: Each branch limits the others (e.g., veto, judicial review).
  • Legislative on Executive: Override vetoes, impeach president, confirm appointments.
  • Executive on Legislative: Veto laws, executive orders.
  • Judicial on Both: Strike down unconstitutional laws/actions.
  • Cooperation: Branches must collaborate for policymaking, but conflicts can lead to gridlock.

Federalism

  • Definition: Division of power between federal and state governments.
  • Types:
    • Dual Federalism: Clear division (layer cake).
    • Cooperative Federalism: Shared responsibilities (marble cake).
    • New Federalism: Power shifts back to states (devolution).
  • Significance: Balances power but can cause conflicts (e.g., federal mandates).