American Part

American politics and government

I. The Constitution of the United States of America(1) Who drafted the Constitution? May of 1787 Constitutional Convention delegates from 12 states (Rhode Island refused to sen

d representatives)

Constitutional Convention of 1787

representatives:

(a) their economic position (b) intellectuals; enlightened human beings (c) rich experience in government

[Question: Could they really represent “the people”?]

George Washington Alexander Hamilton James Madison Benjamin Fanklin

(2) The foundamental questions to be answered:

How does a large, complex society maintain order and yet still uphold individual freedom?

How much individual freedom should be allowed?

How much direct rule should be accorded to the people (whoever they are)?

How much---and what kind of ---power should be allotted to a central government?

How can a constitution ensure that excessive, or arbitrary, power will not converge in the single individual?

(3) Disagreements among different states “large state” plan VS “small state” plan

compromise:

northern states VS southern states

compromise:

(4)Seven articles and the Bill of Rights

Seven articles and the Bill of Rights:The first three provided for and explaied the branches of national governme

nt: the legislative, the presidency, and the courts.Article 4 dealt with relations among states and between the states and the n

ational government.Article 5 explained the way in which amendments to the Constitution were t

o be made.Article 6 spoke to the nature of the Union and the Constitution, which is des

cribed as “the supreme law of the land”.Article 7 provided for the establishment of the Constitution upon the ratificati

on (批准，认可 ) of the nine states.

In 1791, James Madison drew up the first ten amendments, which guarantee individuals such rights as the right to keep and bear arms, the right to speedy and public trial, and the right of trial by jury. More importantly, the ten amendments provide American citizens the freedom of belief, the freedom of speech, the freedom of the press, and the freedom of assembly. Known as the Bills of Rights, these amendments are usually considered part of the original document.

II. Principles

Federalism

Civilian Supremacy in Military Matters

Judicial Review

Separational of Power

Popular Sovereignty

Protection of Individual Rights

Rule by law

III. The Federal Government

The three branches—the Executive, headed by the president; the Legislative, including both houses of Congress (the Senate and the House of Representative) and the Judicial, headed by the Supreme Court.

The Constitution limits the powers of each branch, “System of Checks and Balances”.

  If any law passed by the Congress and signed b

y the president conflicts with the Constitution, it may be held unconstitutional by the Supreme Court.

The powers of the federal government and the state governments are limited by constitutional guarantees of civil liberties (The Bill of Rights).

The powers given to the federal government:

the right to make war, to tax, to borrow and coin money, to regulate its value, to regulate commerce between the states, to maintain a postal system.

Each state government may also tax and borrow money, control education, regulate corporations and business, determine election procedures, and regulate local governments.

1. The Executive Branch and the President.

The executive branch consists of 15 departments and many independent agencies.

·The president, chief executive, the most important figure of the government:

1). The head of the government. 2). Negotiates foreign treaties. 3). Appoints government officials, ambassadors, judg

es and department heads. 4). Commands the armed forces. 5). Sends and receives diplomatic officials. 6). Sees to it that laws are carried out. 7). The leader of his political party. 8). Submits a “State of the Union Message”, budget

message. 9). Introduces legislative bills into Congress.

·The president should be a citizen born in the U.S. territory, at least 35 years old.

Salary $200,000Work-related expenses $50,000Tax-free travel $40,000

The White House, official presidential residence. White House Staff, National Security Council, the Central Intelligence Agency located there.

·The president’s powers are not unlimited:

The legislature does not have to enact the legislation proposed by the president.

To get the approval by two thirds of the Senate to put a treaty into effect.

2. The Legislative Branch—Congress.

Congress is the legislative branch made up of two houses: the Senate and the House of Representatives.

The Senate has 100 voting members, six year terms, 35 years, a U.S. citizen 9 years, a resident in the state.

The House of Representatives has 435 voting members, 26 years old. U.S. citizen 7 years, resident in the state, two-year terms.

A senator is chosen by voters from the entire state.

Representatives are elected by the voters from the geographic area within each state.

 ·The annual session of Congress begins

on Jan. 3rd each year. Two sessions each term.

·The functions of the U.S. Congress:

1) Defense and foreign affairs. Citizenship and naturalization. 

2) The regulation of commerce with foreign countries and among the states. 

3) The power to collect taxes to pay debts, to provide for the common defense and general welfare.

4) The Chief Function is to: Make laws.

·A bill, legislative proposal.

The bills are sent to a legislative Congress works. The Library of Congress provides experts for research and analysis.

  The committee holds a hearing on the bill. After the hearing, the recommendations of a bill

are reported to the house by the committee.

The bill is debated on the floor of each house. The proposed law goes to the White House fo

r presidential action. The president may approve the bill and sign;

Or may not sign; or may veto. The president may be removed from office if

he is impeached. The government officials may also be impeac

hed.

3. The Judiciary and Legal System.

·The Supreme Court. A Chief Justice and 8 other judges, life terms by

the president with the consent of the senate. Salary $62,500 ·The Justices are supposed to withdraw from all

political activities. ·All lower courts follow the rulings of the

Supreme Court.

·The major powers of the Supreme Court:

1) Interprets laws 2) Can hear appeals from any federal court case

s.  3) Can hear appeals from state court cases that i

nvolve the Constitution or national laws.  4) May declare a law unconstitutional. 5) May declare a presidential act unconstitutiona

l.

·The powers of the Supreme Court can be limited by:

1) The President: appoints judges2) Congress: approves the appointments

of judges

·Congress has the power to:

1). Set up federal courts. 2). Impeach and convict federal judge 3). Propose an amendment of the Constitution.

 ·Criminal and civil cases are under the ru

le of federal courts:

IV. Political Parties and Elections

1. The two-Party System.  The Democratic Party and the Republican Party.

In 1874, artist Thomas Nast drew a donkey representing the Democratic Party and an elephant representing the

Republican Party.

Several minor Parties:

·The Democratic Party was founded in 1828, representing the interests of the slave-owners. (Thomas Jefferson was the leader)

·Republican Party was a party of the northern capitalists.

·In February, 1856, the National Congress of the Republican Party was held in Pittsburgh.

  ·In 1860, the Republican candidate, Abraham

Lincoln was elected President and Civil War broke out.

  ·After the Second World War, the two parties

have held the presidency in turn.

·The two major parties gradually lost their differences:

1) Each political party is actually a loose association of the Party organizations.

 2) Each party is more interested in winning

elections than in putting across a particular policy or law.

·The Democratic and Republican national committees and the functions:

1). Organize the Party’s national meetings.2). Assist in election campaigns.3). Provide services4). Help in various activities.

No special requirements for membership:

1) No membership card2) No dues3) No initiation ceremonies.4) Not required to attend meetings.5) Do not have to vote for party candidates6) Do not have to give money to pay of par

ty expenses.

2. Voting and Elections.

·Voting for: a Representative a Senator the governor the major holders of public offices

 ·Voting age: 18 years old.

Two step process:

1) Registering to vote

2) Casting the ballot.

3. Electing President

1) The major parties hold conventions to choose candidates for President and Vice President. And to determine the parties platforms.

2) The campaigning stage. radio, television, newspapers, and personal com

munications.  3) Choose a slate of presidential electors who m

ake up the Electoral College.

·The “winner-take-all” principle:

* The candidate with the most votes in a state wins all of that states electoral votes.

 * The candidate who wins the majority

of the Electoral College votes will be the president.

4) The electors meet in their state capitals and cast their votes for president and Vice President in Dec.

5) When the new Congress assembled on Jan. 6, the electoral votes are counted in a joint session of the two houses. 

6) The House of Representatives will choose one for president by a majority vote. 

7) The Senate will choose one to be Vice President.