I. Overview of United States Form of Government: Concept of Federal Constitutional Republic
I. Overview of United States Form of Government: Concept of Federal Constitutional Republic
The United States of America (USA), commonly known as the United States (U.S. or
US) is a country under a system called FEDERAL CONSTITUTIONAL REPUBLIC
form of government.
“FEDERAL” means that the power is divided into
two sets, one for national and the other for state or
local government.
“CONSTITUTIONAL” refers to the fact that
government in the United States is based on a
Constitution which is the supreme law of United
States. The Constitution not only provides the
framework of how the federal and state
governments are structured but also places
significant limits on their powers.
“REPUBLIC” is a form of government in which
the people hold power, but elect representatives to
exercise that power. As a republic, the ultimate
power within the American system rest to the people. This power is exercised through
regular, scheduled election in which voters select the President, members of the Congress
and various state and local officials.
The Constitution embodies these principles:
Limited Government - The principle that the power of the government is limited
by the Constitution; a system of government in which the government is given
only the powers specifically listed in written documents.
Separation of Powers - There are three branches of government, each with its
own powers and duties.
o The Legislative Branch to make the laws. Congress is made up of two
houses, the Senate and the House of Representatives.
o The Executive Branch to enforce the laws.
o The Judicial Branch to interpret the laws.
Checks and Balances - Each branch checks the powers of the other two
branches.
Federalism - Power is divided between the federal government and the state
governments.
How federal, state, and local governments interact?
The Constitution not only defines the structure and powers of the federal government, but
also contains general provisions regarding state government. Each state, in turn, has its
own constitution which contains provisions for local governments within the state.
States governments have the power to make laws that are not granted to the federal
government or denied to the states in the U.S. Constitution for all citizens. These include
education, family law, contract law, and most crimes. Unlike the federal government,
which only has those powers granted to it in the Constitution, a state government has
inherent powers allowing it to act unless limited by a provision of the state or national
constitution.
A local government is chartered according to its state’s constitution. Just as the policies
enacted by the state government must not conflict with federal law, a local government is
subject to the legal environment created by the state’s constitution and statutes.
PEOPLE OF THE UNITED STATES
Taxation
Conducting election
Coining money Borrowing
Establishing local
money
Declaring war government
Lawmaking and
Raising armies Providing for public
enforcement
Regulating Power of
safety, health and
interstate and welfare
eminent domain
foreign commerce Ratifying
Chartering banks
constitutional
Conducting foreign and corporation
amendments
affairs Establishing
Regulating intrastate
Establishing courts
commerce
inferior courts
Regulating the mail
CONCURRENT POWERS
II. THE FEDERAL GOVERNMENT
Members of Congress in both houses are elected by direct popular vote. They don’t use
the Electoral College which is used in presidential elections. Senators are elected via a
statewide vote and representatives by voters in each congressional district.
House of Representatives
The Senate
1.To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for
the common defense and general welfare of the United States; but all duties, imposts and
excises shall be uniform throughout the United States;
2. To borrow money on the credit of the United States;
3. To regulate commerce with foreign nations, and among the several states, and with the
Native American tribes;
4. To establish a uniform rule of naturalization, and uniform laws on the subject of
bankruptcies throughout the United States;
5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard
of weights and measures;
6. To provide for the punishment of counterfeiting the securities and current coin of the
United States;
7. To establish post offices and post roads;
8. To promote the progress of science and useful arts, by securing for limited times to
authors and inventors the exclusive right to their respective writings and discoveries;
9. To constitute tribunals inferior to the Supreme Court;
10. To define and punish piracies and felonies committed on the high seas, and offenses
against the law of nations;
11. To declare war, grant letters of marque and reprisal, and make rules concerning
captures on land and water;
12. To raise and support armies, but no appropriation of money to that use shall be for a
longer term than two years;
13. To provide and maintain a navy;
14. To make rules for the government and regulation of the land and naval forces;
15. To provide for calling forth the militia to execute the laws of the union,
suppress insurrections and repel invasions;
16. To provide for organizing, arming, and disciplining, the militia, and for governing
such part of them as may be employed in the service of the United States, reserving to the
states respectively, the appointment of the officers, and the authority of training the
militia according to the discipline prescribed by Congress;
Special powers
The Constitution also gives each house of Congress some special exclusive powers.
Each year, thousands of bills are introduced in Congress, but only a few hundred are passed into
law. The following is a summary of how a bill makes its way from draft to being signed into law
by the President.
If both chambers approve the conference committee bill, it goes to the President for signature.
The President has four options:
(2) Take no action while the Congress is in session, in which case the bill becomes law after ten
days;
(3) Take no action while a Congress is in final adjournment, in which case the bill dies; or
(4) Veto the bill. If the President vetoes a bill, Congress may attempt to override the veto. This
requires a two-thirds vote by both the House and Senate. If either fails to achieve a two-thirds
majority in favor of the legislation, the bill dies. If both succeed, the bill becomes law. In
addition to creating laws, one of the most important activities of Congress is oversight of the
Executive Branch. Congress may hold hearings to investigate the operations and actions of the
Executive Branch to ensure that it is carrying out the law with integrity.
EXECUTIVE BRANCH
Key roles of the executive branch include:
President
o The president leads the country. He or she is the head of state, leader of the
federal government, and Commander in Chief of the United States Armed Forces.
The president serves a four-year term and can be elected no more than two times.
o Article II, Section 1, Clause 5 of the Constitution sets three qualifications for holding the
presidency. To serve as president, one must:
be a natural-born U.S. citizen of the United States;
be at least thirty-five years old;
be a resident in the United States for at least fourteen years.
o A person who meets the above qualifications would, however, still be disqualified
from holding the office of president under any of the following conditions:
Under the Twenty-second Amendment, no person can be
elected president more than twice. The amendment also
specifies that if any eligible person serves as president or
acting president for more than two years of a term for
which some other eligible person was elected president,
the former can only be elected president once.
Under Article I, Section 3, Clause 7, upon conviction in
impeachment cases, the Senate has the option of
disqualifying convicted individuals from holding federal
office, including that of president.
Under Section 3 of the Fourteenth Amendment, no person
who swore an oath to support the Constitution, and later
rebelled against the United States, can become president.
o Power of the President
Appoint SC justices and lower federal courts
Commander-in-chief in the military
Titular head of the state
Negotiating international treaties
Declaring federal workforce that observe holiday
Granting pardon
Executive order
Establishing new program, offices
Vetoing legislations passed by the congress
o The President, Vice President and all civil Officers of the United States, shall be
removed from Office on Impeachment for, and Conviction of Treason, Bribery,
or other high Crimes and Misdemeanors.
o
PRESIDENTIAL SUCCESSION
Vice president
o The vice president supports the president. If the president is unable to serve, the
vice president becomes president. The vice president can be elected and serve an
unlimited number of four-year terms as vice president, even under a different
president.
o Vice president-assume presidency if President died, impeached or incapacitated
o The vice president of the United States is the second-highest officer in
the executive branch of the U.S. federal government, after the president of the
United States, and ranks first in the presidential line of succession.
o The vice president is also an officer in the legislative branch, as president of the
Senate. In this capacity, the vice president presides over Senate deliberations (or
delegates this task to a member of the Senate), but may not vote except to cast a
tie-breaking vote. The vice president also presides over joint sessions of
Congress.
o The vice president is indirectly elected together with the president to a four-year
term of office by the people of the United States through the Electoral College.
Section 2 of the Twenty-fifth Amendment, ratified in 1967, created a mechanism
for intra-term vice presidential succession, establishing that vice presidential
vacancies will be filled by the president and confirmed by both houses of
Congress. Previously, whenever a vice president had succeeded to the presidency
or had died or resigned from office, the vice presidency remained vacant until the
next presidential and vice presidential terms began.
2) To preside over and certify the official vote count of the U.S. Electoral
College.
Candidates from each political party campaign throughout the country to win the favor of their
party members.
Primaries and caucuses are methods that political parties use to select candidates for a
general election.
Primary: A primary is a state-level election where party members vote for the best
candidate that will represent them in the general election. Party candidates selected in a
primary then run against each other in a general election. 34 U.S. states conduct primary
elections.
There are several types of primaries in the U.S. system like Closed primary, Semi-closed
primary, Open primary and Semi-open primary.
Causus: A caucus is a local meeting where registered members of a political party in a
city, town or county gather to vote for their preferred party candidate and conduct other
party business. A caucus is a substitute for a primary election to select delegates to the
national party convention. 16 states hold caucuses to determine political party
candidates.
Once the primaries and caucuses are completed in each state, a national convention is held
in which a party’s nomination for president is formally announced to the public. During
the convention, the elected delegates cast their vote for a party candidate and the candidate
with the most delegates gets the party’s nomination. The end of the convention marks the
beginning of the general election process.
Each party holds a national convention to finalize the selection of one presidential
nominee. At each convention, the presidential candidate chooses a running-mate (vice
presidential candidate).
Step 3: General Election Campaigning
General election campaigning begins after a single nominee is chosen from each political
party, via primaries, caucuses, and national conventions.
These candidates travel the country, explaining their views and plans to the general
population and trying to win the support of potential voters. Rallies, debates, and
advertising are a big part of general election campaigning.
Usually in November.
Many modern voters might be surprised to learn that when they step into a ballot box to
select their candidate for president, they actually are casting a vote for fellow Americans
called electors.
People in every state across the country vote for one president and one vice president.
When people cast their vote, they are actually voting for a group of people known
as electors.
The voters of each state, and the District of Columbia, vote for electors to be the
authorized constitutional members in a presidential election. These voters form
the electoral college.
An elector is a member of the electoral college. These electors, appointed by the states, are
pledged to support the presidential candidate the voters have supported.
Even though the majority of people of USA vote for a candidate, that does not mean that
he/she will win the Presidential election. There are instances where candidate who won the
popular vote lost the election.
To win the election, a candidate need to secure more than 270 electoral votes.
Usually in December.
The US the president is elected by the institution called the Electoral College.
The Constitution only states that the candidate who receives a majority of votes in the
Electoral College becomes president. It says nothing about the popular vote.
The intent of the framers was to filter public opinion through a body composed of wiser,
more experienced people; the framers did not want the president to be chosen directly by
the people.
Each state gets a certain number of electors, based on each state’s total number of
representation in Congress.
Each of the 50 US states, and the capital Washington DC (a district which does not belong
to any state) have a set number of electors which reflects their size. California is the most
populated (over 38 million people) and has 55 electoral votes – more than any other. On
the other hand a state such as Montana, which is geographically large but has a relatively
small population (just over one million people) – only has three electors.
Aside from Maine and Nebraska, if a candidate gets the most votes within a state they
receive that state’s full quota of electoral college votes.
Each elector casts one electoral vote following the general election.
There are a total of 538 electoral votes.
The candidate that gets more than half (270) wins the election.
Special Situations
Winning the Popular Vote but Losing the Election
It is possible to win the Electoral College but lose the popular vote. This happened in 2016, in
2000, and three times in the 1800s.
If no candidate receives the majority of electoral votes, the vote goes to the House of
Representatives. House members choose the new president from among the top three candidates.
The Senate elects the vice president from the remaining top two candidates.
The Cabinet
o The Cabinet of the United States is part of the executive branch of the federal
government of the United States.
o The Cabinet's role, inferred from the language of the Opinion Clause (Article II,
Section 2, Clause 1) of the Constitution, is to serve as an advisory body to
the president of the United States.
o Additionally, the Twenty-fifth Amendment authorizes the vice president, together
with a majority of certain members of the Cabinet, to declare the president
"unable to discharge the powers and duties of his office". Among the senior
officers of the Cabinet are the vice president and the secretary of state and other
heads of the federal executive departments, all of whom—if eligible—are in
the line of succession
o All federal public officials, including Cabinet members, are also subject
to impeachment by the House of Representatives and trial in the Senate for
"treason, bribery, and other high crimes and misdemeanors".
o Cabinet members are nominated by the president and must be approved by a
simple majority of the Senate—51 votes if all 100 Senators vote. Each official
receives the title Secretary, except the Attorney General who leads the
Department of Justice.
o Cabinet members serve at the pleasure of the President and may be dismissed at
any time and they are constitutionally prohibited from being members of
congress.
JUDICIAL BRANCH
Courts and judges make up the judicial branch of our government. There are three
separate court levels in this branch, District
Courts, Court of Appeals, and the Supreme
Court.
Supreme Court
The Supreme Court is the highest court in the land. Its decisions are final, and no
other court can overrule those decisions.
The members of the Court are referred to as “justices” and, like other federal judges;
they are appointed by the President and confirmed by the Senate for a life term. The
Constitution sets no requirements for Supreme Court justices, though all current
members of the court are lawyers and most have served as circuit court judges.
Justices are also often former law professors.
The Supreme Court of the United States is the court of last resort. It generally hears
appeals from the courts of appeals and sometimes state courts, operating
under discretionary review, which means that the Supreme Court can choose which
cases to hear, by granting writs of certiorari. There is therefore generally no basic
right of appeal that extends automatically all the way to the Supreme Court. In a few
situations (like lawsuits between state governments or some cases between the federal
government and a state) it sits as a court of original jurisdiction.
Courts of Appeals
There are 13 appellate courts that sit below the U.S. Supreme Court, and they are called
the U.S. Courts of Appeals.
The 94 federal judicial districts are organized into 12 regional circuits, each of which has
a court of appeals. The appellate court’s task is to determine whether or not the law was
applied correctly in the trial court. Appeals courts consist of three judges and do not use a
jury.
A court of appeals hears challenges to district court decisions from courts located within
its circuit, as well as appeals from decisions of federal administrative agencies.
In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to
hear appeals in specialized cases, such as those involving patent laws, and cases decided
by the U.S. Court of International Trade and the U.S. Court of Federal Claims.
District Courts
The nation’s 94 district or trial courts are called U.S. District Courts. District courts
resolve disputes by determining the facts and applying legal principles to decide who is
right.
Trial courts include the district judge who tries the case and a jury that decides the case.
Magistrate judges assist district judges in preparing cases for trial. They may also conduct
trials in misdemeanor cases.
The district courts are the general trial courts of the federal court system. Each
district court has at least one United States District Judge, appointed by the
President and confirmed by the Senate for a life term. District courts handle trials
within the federal court system – both civil and criminal. The districts are the same
as those for the U.S. Attorneys, and the U.S. Attorney is the primary prosecutor
for the federal government in his or her respective area.
Duties of judiciary:
• to explain the meaning of the Constitution, laws of the United States and treaties;
• to settle legal disputes between citizens of different states;
• to settle legal disagreements between two or more states;
• to settle legal questions between states and the federal government;
• to settle legal disagreements between individuals and the federal government;
• to settle disagreements between states and foreign governments or their citizens; and,
• to naturalize persons as United States citizens.
State Government
Under the Tenth Amendment to the U.S. Constitution, all powers not granted to the
federal government are reserved for the states and the people. All state governments are
modeled after the federal government and consist of three branches: executive,
legislative, and judicial. The U.S. Constitution mandates that all states uphold a
“republican form” of government, although the three-branch structure is not required.
STATE
GOVERNME
NT
STATE
SUPREME
SENATE COURT
GOVERNOR
STATE
LIEUTENANT APPEALS
House of
Representatives/ GOVERNOR COURTS
House of Delegates/
state assembly.
Executive
The executive branch of each state is responsible for administering the day-today
operations of government, providing services and enforcing the law.
In most states, the other leaders in the executive branch are also directly elected,
including the lieutenant governor, the attorney general, the secretary of state, and auditors
and commissioners. States reserve the right to organize in any way, so they often vary
greatly with regard to executive structure. No two state executive organizations are
identical. Positions not filled by election are usually filled by appointment by the
governor.
Legislative
All states have a popularly elected legislature consisting of two chambers, except
Nebraska, which has a single-chamber legislature.
Legislators are elected from single-member districts and typically serve a two-year or
four-year term.
The names of the chambers vary by state. In most states the upper chamber is called the
senate, while the lower chamber may be called the House of Representatives, House of
Delegates, or state assembly.
In 41 of the 49 states with lower houses, the lower house is called the “House of
Representatives”. The name “House of Delegates” is used in Maryland, Virginia, and
West Virginia. California and Wisconsin call their lower house the “State Assembly”.
Nevada and New York simply call the lower house the “Assembly”. And New Jersey
calls its lower house the “General Assembly”.
Primary duties of the legislature include enacting new laws, approving the state’s budget,
confirming appointments to the executive or judicial branches, and conducting oversight
of executive branch operations.
In many smaller states, legislators serve part-time and receive only nominal
compensation. They may meet just a few weeks or months of the year before returning to
their full-time occupations. In larger states, legislators serve year-round and receive the
compensation and benefits of a full-time job.
All 50 states have legislatures made up of elected representatives, who consider matters
brought forth by the governor or introduced by its members to create legislation that
becomes law. The legislature also approves a state’s budget and initiates tax legislation
and articles of impeachment. The latter is part of a system of checks and balances among
the three branches of government that mirrors the federal system and prevents any branch
from abusing its power.
Judicial
State judicial branches are usually led by the state supreme court, which hears appeals
from lower-level state courts. Court structures and judicial appointments/elections are
determined either by legislation or the state constitution.
State court systems have jurisdiction over matters not covered by federal courts,
including most civil cases between parties in the same state, criminal cases where
violations involve state or local laws, family law, and issues relating to the state
constitution.
The highest court in each state is the State Supreme Court.. Justices are typically
elected to lengthy terms, but do not serve for life. The high court usually has only
appellate jurisdiction—reviewing decisions by lower courts —and its decisions in turn
may be appealed to the U.S. Supreme Court. The structure of lower state courts varies
widely by state. Some states have separate courts for civil and criminal matters, and all
states have some form of local municipal or county courts to handle minor offenses and
small claims.
The Supreme Court focuses on correcting errors made in lower courts and therefore holds
no trials. Rulings made in state supreme courts are normally binding; however, when
questions are raised regarding consistency with the U.S. Constitution, matters may be
appealed directly to the United States Supreme Court.
As sovereign entities within the framework of the U.S. federal system, each state has its own
constitution, elected officials, and governmental organization. States have the power to make and
enforce laws, levy taxes, and conduct their affairs largely free from intervention from the federal
government or other states. State governments have primary responsibility for providing many
important services that affect the everyday lives of their residents. These include:
• Setting educational standards and establishing methods for funding public education;
• Creating and overseeing non-federal courts and the criminal justice system;
• Administering publicly funded health, housing, and nutrition programs for low-income and
disabled residents;
• Managing state parks and other lands for recreation and environmental conservation purposes;
LOCAL GOVERNMENT
Local government in the United States refers to governmental jurisdictions below the
level of the state. Most states and territories have at least two tiers of local
government: counties and municipalities.
The locality which houses the county’s main offices is known as the county seat. In areas
lacking a municipal or township government, the county government is generally
responsible for providing all services.