Political System and Process This section will cover all potential essay questions related to politics in the USA

The USA: Political System and Process System of Government: Check and Balances

Today we will… Identify the three branches of government and their purpose. Analyse the powers of the President Evaluate the limitations on the President

Success Criteria Create a summary diagram of the US System of Government. Analyse the powers of the President in detail Evaluate the limitations on the President in detail

World Powers Essays All of the essays in this section of the course are “generic” in style – they will not specifically reference the USA in the exam. It is your job to learn the terminology of this section well enough to know what an exam question is asking about!

USA Politics: potential essays… The political system provides an effective check on the government. Discuss. (20 marks) Analyse the ways in which a group you have studied influences decision making. (12 marks) Analyse the political rights and responsibilities of citizens in the world power you have studied. (12 marks) Remember that other questions may come up in the exam but we cannot predict…you have to learn the content of the course and then adapt on the day of the exam to suit the questions asked.

The US System of Government Federal Government buildings: The White House (residence of the President), the Supreme Court (highest court in USA) and Congress (law making or legislative assembly). The following slides contain details on the structure of the US Government. Although you won’t get a question asking you to describe the government, it is crucial that you have a solid understanding – you should know a lot of this from National 5.

The US System of Government In 1787, the US Constitution was written. It has been enforced since 1789 and is still crucial today (although since 1787 there have been 27 amendments made to it). The Constitution is basically a SET OF RULES by which the country is governed. It is also referred to as the SUPREME LAW of the USA. The first 10 amendments (changes) the constitution are known as the BILL OF RIGHTS. These outline the rights all citizens should have, including freedom of speech, which we will look at later. Page 1 of the original US constitution

The US System of Government KNOWLEDGE The US System of Government The constitution states that government should be split into different LEVELS. This is related to the SEPARATION OF POWERS which we will look at shortly. Federal level – this is the government for the whole country. Passes laws and makes decisions which apply to all Americans (split into three branches). State level – each of the 50 states has its own state government which passes laws and makes decisions which apply to that state only (structure is similar to that of federal government). Local/County level – governments which make local decisions in relation to schools etc. At Higher level we will focus mostly on the Federal Government

The US System of Government The original articles of the Constitution explained how the US Government should be structured. The founding fathers (the people who drafted the constitution) believed that no one person or group should ever have too much control, so they stipulated that the US government should be split into 3 BRANCHES. Article 1 of the Constitution outlined the Legislative Branch (two parts of this). Article 2 – the Executive Branch. Article 3 – the Judicial Branch. See the branches on the next slide Page 1 of the original US constitution

Federal Government in the USA (The government for the whole country) KNOWLEDGE The Legislature The Executive The Judiciary Explains and interprets the laws and the constitution Makes the country’s laws Administers the country https://www.youtube.com/watch?v=HuFR5XBYLfU Congress House of Senate Representatives The President and The Vice-President The Supreme Court Appointed by the President with the advice and consent of the Senate Elect Elect Voters

The US System of Government KNOWLEDGE The US Federal Government There are three parts to the US Federal Government: 1. The Executive is the office of the President and Vice President. The role of the President is to oversee the running of the country and suggest new laws to improve the USA. 2. The Legislative is the law making part of the Federal Government. Representatives from all 50 States meet at Congress (in Washington DC). There are two types of representatives in Congress: Senators and Congressmen/women. 3. The Judiciary is the court. The highest court in the USA is the Supreme Court to which Americans can appeal if they feel their constitutional rights have been denied. The Supreme Court also has the power to interpret laws.

President would be elected indirectly by the people It is said that the American Constitution is built on three great principles: compromise, compromise, compromise. KNOWLEDGE Compromise 1 Power was to be divided between the Federal (national) Government and the different states. Compromise 2 Congress was to be made up of two houses: the Senate and the House of Representatives. In the Senate there would be equal representation of all the states and in contrast the HOR would have representation proportional to the population of each state. Compromise 3 President would be elected indirectly by the people

The US System of Government Federal Principles of Government in the USA: The Separation of Powers The US Constitution details the way in which government must operate. The writers of the US Constitution wanted power to be shared, so the Constitution states that there will be a ‘separation of powers’ between the Federal Government (whole of US) and each of the 50 State Governments. For example, the Federal Government based in Washington has power over the armed forces, foreign policy and the currency. State Governments (e.g. Texas) have power over everything not reserved for the Federal Government including education, use of the death penalty and the age for marriage or driving. KNOWLEDGE Texas State capitol building

Principles of Government in the USA: CHECKS AND BALANCES: The US Constitution includes a series of checks and balances to reinforce the separation of powers. These checks create a balance of power, where no one branch of government has too much authority. Congress can check the power of the President and the Supreme Court can check the power of Congress. Likewise, the President has the ability to balance the power of the other branches. This ensures that no one branch of government becomes too powerful. KNOWLEDGE

Principles of Government in the USA KNOWLEDGE CHECKS AND BALANCES: Another example is that the Constitution cannot be changed unless: three-quarters of the States agree (38/50 state governments) two-thirds of representatives in Washington agree (290/435 Representatives + 66/100 Senators) the President agrees. In practice, the separation of powerS means that the Federal and State Governments must work together to run the country. In addition, the three parts of the Federal Government check and balance each other.

The Powers of the President KNOWLEDGE Article 11 of the US Constitution defines the powers of the US President. It states those powers the President can use without Congressional approval and those where he must seek Congressional approval. 1. Commander-in-Chief of the armed forces. Presidents have the responsibility for defending the USA (response to ISIS) including ordering troops overseas. However, only Congress can declare war e.g. in Iraq or Afghanistan. Treaties must also be approved by the Senate. 2. Power of appointment. The President appoints thousands of people to help run the country. These include members of the US Cabinet (e.g. Sec. of State John Kerry, etc.). However, nominations for overseas ambassadors and Supreme Court judges (Sonia Sotomayor ) must have the approval of the Senate.

The Powers of the President 3. Legislative Agenda Every January the President speaks to Congress in the State of the Union Address. As well as reviewing the previous year, the President outlines spending plans and any proposals for legislation. Note: Presidents cannot introduce legislation, only members of Congress have this right. Congress also controls the budget. 4. Power of veto. Before legislation becomes law, Bills must be signed by the President. If, however, the President disagrees with a new law he can refuse to sign e.g. Bush vetoed Stem Cell Research Bill 2006, Child Health Bill 2007 and ban on water torture 2008. Obama vetoed 12 bills…Trump has yet to veto a bill. Note: Congress has power to override the Presidential veto if a Bill is passed by two-thirds of the representatives of both Houses. https://www.youtube.com/watch?v=75U4UiaknpQ Obama's final State of the Union KNOWLEDGE Trump's State of the Union in 4 minutes

The Powers of the President KNOWLEDGE Powers of the President continued Pocket veto. A ‘pocket veto’ or indirect veto is where a Bill remains unsigned by the President and there is insufficient time (i.e. less than 10 days before Congress adjourns) for Congress to reject the Presidential veto. Example: Obama returned a Bill unsigned to increase defence spending in 2009. Trump has yet to veto a bill. 5. Executive Orders (EOs). The President can bypass Congress on certain occasions by issuing Executive Orders. EOs, in effect, allow the President to makes laws without Congressional approval. Under Bush, 262 Eos were issued. Obama issued 276 Eos during his 8 year term including a review of the Guantanamo detainees and the ending unlawful interrogation techniques. Between Jan 2017 and November 2018 Trump has issued 131 Executive Orders although some (referring to immigration) have been declared unconstitutional by the Supreme Court. Note: Congress can impeach or remove a President if they suspect any wrongdoing although use of this power this is very rare.

Congress Commander-in-Chief of the Armed Forces Power of Appointment PRESIDENTIAL POWER LIMTED BY… LIMITATION Commander-in-Chief of the Armed Forces Congress Only Congress can officially declare war; International Treaties must be approved by the Senate Power of Appointment (specifically the Senate) The Senate must approve, by majority, of all Cabinet Apps, Supreme Court Apps & Overseas Ambassadors Legislative Agenda Congress and/or Supreme Court Only Congress can actually pass laws. The Supreme Court can overturn any laws it deems unconstitutional. Power of Veto Congress can overturn a Presidential Veto is 2/3rds of BOTH houses vote to do so. Executive Orders Supreme Court/Judiciary The Supreme Court and Federal Courts can overturn any laws they deem unconstitutional. KNOWLEDGE

The Powers of the President Task KNOWLEDGE Find real-life examples of the following for G.W. Bush, Obama and Trump: Presidential Commander in Chief orders (Bush war on terror? Obama orders Osama dead?) Presidential Appointments Presidential Vetoes or Pocket Vetoes Presidential Executive Orders Try to include detail as you will use these examples in essays!

The Powers of the President As the only person elected by all Americans, Presidents have enormous power. In particular, popular Presidents with a like-minded Congress, have used their support to increase their power. After the 9/11 attacks, Bush extended the power of the Presidency by creating the Department of Homeland Security. In order to fight terrorism, Bush argued, it was necessary for the President to have greater powers of surveillance, arrest and detention. But with the passing of the Patriot Act (2001), some commentators argued that Presidential power had gone too far as this Act gave the Attorney General (on behalf of the President) the power to arrest anyone the authorities suspected of terrorism even if the courts disagreed. Note: In 2005, Congress refused to renew some parts of the Patriot Act although much of it remains in place today.

The Powers of the President The Supreme Court The Supreme Court can also act as a check against the power of the President. This is because the Supreme Court has the power of judicial review and it can decide that any law passed by the President and Congress is unconstitutional and therefore it cannot be applied anywhere in the USA. A decision of the Supreme Court cannot be appealed by any other court. Examples of Landmark rulings: Affordable Care 2012 In June 2012 the US Supreme Court upheld the Affordable Care Act, which allowed the Federal government to force states to enforce the provisions of the Affordable Care Act, so-called "Obamacare." “Muslim” Travel Ban 2017 President Trump attempted to issue an Executive Order banning the travel of citizens from particular, mainly Islamic, countries (such as Iraq etc) into and out of the USA. The Supreme Court overturned this as it is unconstitutional and against human rights.

Example The President can propose changes in law but it is Congress to pass these changes and present laws on behalf of the president. However the President must sign laws. If the president refuses to sign laws and uses the veto it could be difficult for Congress to pass the new law. Having said this, if the law is passed by Congress and signed by the President, the Supreme Court can still deem it unconstitutional and prevent it from being upheld in the USA.

Membership of the Supreme Court The Supreme Court- Appointments If a Supreme Court judge retires or dies, the incumbent President can nominate a replacement. There are 9 Supreme Court Judges in total. In August 2009 Sonia Sotomayor became the first Hispanic Justice on the Supreme Court after the Senate approved President Obama's nomination of her. In January 2016 Obama nominated Merrick Garland to the Supreme Court. However the Republican dominated Senate refused to approve his pick and it became the longest running stand off in Presidential appointment history. Eventually Obama’s term in office came to an end and Trump has been able to nominate a candidate for the open SC space. Elena Kagan became President Obama's second appointment to the Supreme Court. Judges though are not supposed to be partisan party appointees.

Executive Branch Judicial Branch Legislative Branch Executive Branch Judicial Branch Checks on the executive Power to declare war May override presidential vetoes Senate approves appointments Checks on judiciary Senate approves federal judges Power to initiate constitutional amendments Checks on legislator Vice President is the President of the Senate Power to use veto Power to appoint judges Pardon power Guardians of the constitution Judicial review- ability to declare a law unconstitutional Checks decisions made by the president follow the rules laid down by the constitution

Video Clips https://www.youtube.com/watch?v=HuFR5XBYLfU – 3 branches http://www.youtube.com/watch?v=zqAMkDstPiU - Obama’s speech after death of Osama Bin Laden http://www.youtube.com/watch?v=JhmdEq3JhoY, http://www.youtube.com/watch?v=Be6tunbRcs8 – “Bushisms” – errors made by President George Bush President

The US System of Government State Governments Each State has a system of government similar to the Federal Government. For example California has: A Governor (Jerry Brown, above) who runs the State and suggests new laws or spending plans A legislative building with two law making bodies – the State Assembly and State Senate. As with the Federal Government, the State Assembly members and State Senators must agree before decisions become law. The California Legislative meets in Sacramento - the State capital. A State Supreme Court which is the highest court of appeal in California and interprets State laws.

The US System of Government County/Municipal Governments We won’t go into local government in detail but it is good to know some of the basics. Below state level – most states have two further tiers of local government - county and municipal governments In the city of Los Angeles in the state of California, there are 58 county governments and one municipal government. The current mayor of LA is Eric Garcetti (right). County and Municipal governments deal with local issues such as police, roads, water, schools etc. Our equivalent would be local authorities.

World Powers – Essay 1 The political system provides an effective check on the government. Discuss with reference to a world power you have studied. (20 marks) AKA – THE POWERS OF THE PRESIDENT ESSAY In this essay, you would discuss the POWERS of the PRESIDENT and also the LIMITS TO THE PRESIDENT’S POWER (ie the Checks on the Powers of the President) Best approach would be to take four powers of the President, and within each paragraph describe the powers and the limits (checks) on powers In the exam this question could be worded various ways…anything that refers to powers of government, checks, limits to government etc. will probably be similar to this one. Essay Plan is on the Blog