Applying for US Citizenship A Guide on What You Need to Know

The US Government Is the government of the US a democracy? Is the government of the US a republic? Defined by the US Constitution The US government has been referred to as a democracy and at times a republic. Most have heard it referred to as a democracy. If you do not recall the mention of the US as a republic, just recite the Pledge of Allegiance and you will come to line, “…and to the republic, for which it stands.” So which one is it? Democracy is defined as – government by the people; a form of government in which the supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system. Republic is defined as – a state or country in which the supreme power rests in the body of citizens entitled to vote and is exercised by representatives chosen directly or indirectly by them. So now which one is it? Eugene Volokh, a teacher at the UCLA School of Law writ an article for the Washington Post basically stating that it can be considered both a Democracy and a Republic. The US Government is

US Constitution This document defines the US Government. It is the supreme law document for all laws and policies to be built on. It establishes the rights of the citizens. It formulates the structure of the US Government into 3 Branches The US Constitution is the governing document for the function and structure of the US Government. It is the supreme law document for all laws and policies to be formulated by. It establishes the rights of the citizens. It formulates the structure of the US Government. The US Constitution provides the framework for how the US Government is to be set up and how it is to function. It is the foundational document for the US Government.

3 Branches of the US Government Executive President Vice President Cabinet The Executive branch is made up of the President, Vice President and the Cabinet. The President is the leader of the country, the federal government and the Commander in Chief of the US Armed Forces. The President serves a 4-year term and can only be elected as president 2 times The Vice President (VP) supports the President and is a member of the President’s Cabinet. The VP also serves a 4 year term, but there is no limit as to how many terms a VP can serve. Should something happen to the President to prevent them from serving as president, the VP becomes President for the remainder of the 4 year term. The Cabinet is made up of the VP and heads of executive departments such as the Secretary of State. Cabinet members are nominated by the President but must be approved by a majority vote from the Senate. This branch executes or acts on the law

3 Branches of the US Government Legislative House of Representatives Senate This branch is collectively referred to as Congress and is responsible for making laws The Legislative branch is made up of 2 parts – The House of Representatives and the Senate. Both are collectively called the Legislature or more commonly Congress. The members of Congress are elected officials from each state to represent the interests of the citizens of their respective states The House of Representatives or House for short, is made up of elected officials from each state. Each state is allowed a certain number of representatives based on that state’s total population. They are elected to a 2 year term and there is no limit to the number of terms they can serve. The Senate is made of 2 elected officials or Senators from each state. They are elected to a 2 year term and there is no limit to the number of terms they can serve.

3 Branches of the US Government Judicial Supreme Court Federal Courts This branch upholds and/or passes judgement on laws The Judicial branch is the court system which includes federal courts and the highest court in the US – the Supreme Court. The Supreme Court judges or justices are nominated by the President, but must be approved by the Senate by a majority vote. Congress determines how many Justices reside on the Supreme Court. Currently there are 9 justices. The justices have no fixed term and serve until they die, retire or are removed for another reason.

Checks and Balances Congress makes Laws – President can veto. Supreme Court Justices nominated by the President. Supreme Court Justices can declare acts by the President unconstitutional. Cabinet members & Court justices nominated by the President. - Senate approves. There is a system of Checks and Balances in place so that not all parts of the government have authority / power over another branch. Congress makes Laws – President can veto or overturn Congress’ approval of the law. Supreme Court Justices are proposed/nominated by the President. Supreme Court Justices can declare acts by the President unconstitutional. Cabinet members & Court justices are nominated by the President. - Senate has to approve the nomination by a majority vote before the nominee can be a Cabinet Member/Court Justice

Right to Vote Only white men voted in elections prior to 1870. In 1870, the 15th amendment was passed providing the right to vote regardless of race or color Women were able to vote with the ratification of the 19th amendment. The right to vote for elected officials changed over time. Initially, the vote was not available to women and slaves. In 1870, after the Civil War and after the freeing of slaves, the 15th amendment was established which provided the right to vote to former slaves…not women, but just men. Women were given the right to vote 50 years later with the approval and introduction of the 19th amendment.

Right to Freedom of Religion The First Amendment 1962 – Engle vs Vitale – No prayer in public schools. 1963 – School District of Abington Township v. Schempp – No bible reading & prayer in public schools. The first amendment covers the freedom of speech and religion. When it addresses religion it states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. However, there have been Supreme Court cases that have been decided that may seem counter to the language in the constitution. 1962 – Engle vs Vitale – No prayer in public schools. The pledge of allegiance or a prayer that would infer one’s dependence on God violates the Establishment Clause of the 1st Amendment. 1963 – School District of Abington Township v. Schempp – No bible reading & prayer in public schools. Establishment Clause of the 1st Amendment - Congress shall make no law respecting an establishment of religion.

Right to Bear Arms 2nd Amendment - A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Is it a Militia, individual or both? Supreme Court case and several Court of Appeals cases have been heard on this topic. The 2nd Amendment - A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. The ongoing debate with the 2nd Amendment is trying to discern if it is referring to a Militia, individual or both. 2010 McDonald v. City of Chicago – Citizens have the right to bear arms for self-defense according to the 2nd Amendment. The ongoing debate on this topic is brought up every time there is a devastating shooting of innocent people like in a school or place of employment.

Sources Branches of Government. USA.gov website https://www.usa.gov/branches-of-government How to become a US citizen. USA.gov website https://www.usa.gov/become-us-citizen Constitutional Principles and Provisions from American Government and Politics in the Information Age - Chapter 2 Publisher: Flat World Knowledge. Is the United States of America a republic or a democracy? The Washington Post Eugene Volokh May 13, 2015. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/13/is-the-united-states-of-america-a-republic-or-a-democracy/ Facts and Case Summary - Engel v. Vitale http://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-engel-v-vitale What are the most famous US Supreme Court cases? http://www.answers.com/Q/What_are_the_most_famous_US_Supreme_Court_cases