AWOL - Dominant Perspective Basics of US Govm't

Basics of the US System of Government
According to the Dominant Perspective

1. Constitution: The US system of government is based on a written constitution which is “the highest law of the land”. In other words, the U.S. is “a nation of laws” where everyone has to follow the published rules. This contrasts with the “bad old days” of a King who could just change the rules to suit his own situation and desire for unlimited power.
2. Federalism: The US system divides power between the national, state, and local governments who all make policy choices. This contrasts with France or China – in which stronger centralized governments make policy which “lower” governments
3. Checks & Balances: The US constitution set up a system in which 3 Branches of government limit each others powers. This was intended to prevent the situation of “power corrupts, absolute power corrupts absolutely”.
4. Separation of Powers – Each of the 3 branches has separate powers.
5. Legislative Branch –Article 1 of the Constitution - The Congress – Is bicameral – the Senate (100 people 2 from each state even Nebraska) and the House of Representatives (435 voting members – depends on state population according to Census). Powers include making laws, taxing, approving treaties, approving appointments to Supreme Court.
6. Executive Branch – Article 2 of the Constitution – The President – Now limited to 2 4 year terms (amendment). Powers include negotiating treaties, signing legislation, vetoing legislation, appointing applicants to the Supreme Court.
7. Judicial Branch – Article 3 of the Constitution – 9 members – Powers include (since Marbury vs Madison) the claim as the highest interpreter of the Constitution (decides what laws are legal and what laws are illegal).
8. Checks & Balances include:
a. The President can check the Congress by vetoing legislation (but the Congress can override the veto with a 2/3rds majority).
b. The President can influence the Supreme Court by appointing its new members.
c. The Supreme Court can check the Congress and the President by declaring actions and legislation unconstitutional and by interpreting the existing laws how it wants.
d. The Congress can check the President by refusing to approve appointments, by overriding vetoes, by negating treaties, by refusing to declare war, by refusing to raise more money, by refusing to spend money.
e. The Congress can check the Supreme Court by creating Constitutional Amendments.
9. Limited Government - The Constitution (esp the Bill of Rights) limits government and protects the rights of the people from government interference and oppression. Actually a major goal of the Constitution is to limit government to limit democracy - the Constitution was set up in such a way as to limit the power of ordinary people to use government to create a more equal society. For instance, if the House of Representatives (the part of government most controlled by the people) voted to divide rich peoples estates the Senate could negate that. Or if the Senate passed it, the President could veto it. Or if the President signed it the Supreme Court could declare it unconstitutional.
10. Electoral College – A way of making sure that a President has broad support across the country, not just in a single region. (Actually a screwed up attempt to ensure that the regular people didn’t get to pick the President).
11. Republic not a democracy.