WHAT KIND OF COUNTRY IS THE UNITED STATES? "A Republic if you can keep it!" -Benjamin Franklin I For much of V.S history, there has been debate as to whether the V nited States is a republic or a democracy There are many differences; listed below are the most important A.Republic: A system where the people elect representatives who are free to act on their own based on their personal beliefs, conscience or other factors to what they feel is right B Democracy: A system where the representative is expected to obey the mandate of those who elected himlher, be it hislher district, state nation (depending on the office), regardless ofhislher own personal beliefs II There is a radical difference between the world of the founding fathers and the modern world A Their idea of a republic was based on a centuries old idea that the people elect the most educated and wisest from amongst them These representatives use this wisdom and education on the public behalf since the people are both less wise and farther away from the center of power and the details of government B As people became better educated and communication allowed more immediate access to information, their influence became stronger C Although the framers of the Constitution believed in a republic, it has developed into more of a democracy, as politicians cite the desires of their constitueQts as the reason for positions D In modem times, many Congressmen/women have taken positions contrary to their constituents in areas about which they have felt strongly Subjects such as impeachment, gun control, abortion, etc., have often led to are-awakening of the spirit of the "republic." As declared in the Constitution of the United States: I FEDERAL POWERS A Overall powers necessary for national sovereignty are given to Congress These include, but are not limited to: I Inherent Powers: Integral to national sovereignty a Conduct foreign policy b Declare and pursue war c Make and enforce treaties d.Establish and maintain diplomatic relations, etc Delegated Powers: Not inherent, but assigned to national policy for cohesion and interaction between the component parts (states) a Coinage of money b.lnterstate commerce, etc Implied Powers: Based upon the right to " make all laws which shall be necessary and proper for carrying into execution (Congress's) powers" (Article I, Sec - U.S Constitution) that are "naturally" part of delegated/inherent powers a McCulloch v Maryland: For example, in this landmark case, court ruling was, in essence, that, because coinage is a national power, there must be some vehicle for its handling, distribution and maintenance, and thus, a national bank is implied Powers to Expand the Central Government: Need for a strong central government is pre-eminent a The "national supremacy" clause (Article VI) makes the Constitution, and all laws deriving from it, the "supreme law ofthe land " b The national government has the power to all that is "necessary and proper" in the waging and conduct ofwar c The "commerce" clause (Article I, Sec 8) grants broad powers over economy, personal activities, etc., affecting trade crossing state! international lines d Taxation (Article I, Sec 8): Congress has "Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the Defence [sic} and general Welfare of the United States " (but all these shall be uniform throughout the U.S.) II THE POWERS OF THE STATES A.Reserved Powers: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." (10th Amendment [Bill of Rights) to the U.S Constitution) This is the most commonly quoted phrase by those who hold states' rights above federal B Concurrent Powers I Not shared powers, but those that are available to both state and federal government EX: taxation, right to charter corporations, ability to borrow money, etc C Relations with Other States: "Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State (Article IV - U.S Constitution) I Each state is bound to honor the rules of others The article goes on to rule that each state must grant all "privileges and immunities" of the state to those from other states and, conversely, cannot grant such to, say, fugitives from another state (who must be returned) Oversight of interstate transactions is vested in the federal Congress INOTE: Oversi.:ht here means "overseeing," not "omission "j Majority Leader a Since the Speaker is, ostensibly, the "speaker" for all members of the House, the Majority Leader works closely with the Speaker in most decisions Majority " Whip" a As the name implies, responsible for party discipl ine keeping members " in line" and generally enforcing "proper" party behavior Minority LeaderlMinority " W hip" a Perfonn the same functions as above for the minority pa rty D.Powers of the House I Introduces legislation, which, if passed, moves on to Senate for approval Originates revenue raising measures Sole power of impeachment Approves by 'I, vote any const itutional amendments prior to state ratification E Structure of the House I Because the House of Representatives is so large, almost all early work is done by committees before being brought to the fu ll House for a vote Standing (Permanent) House Committees Agriculture Ii 1\ Appropriations il [[ \ Armed Services I 11 Budget I rei Education and Labor r[11 Energy and Commerce Jill '11 r \ 11111 'I Financial Services It [1 I Foreign Affairs Homeland Security I [[ House Administration THE THREE BRANCHES OF GOVERNMENT I LEGISLATIVE: Makes the laws of the land, represented by two bodies, the House of Representatives and the Senate (together, these make up Congress) II EXECUTIVE: Oversees the management of government III JUDICIARY: Interprets the laws of the land as stated, or implied, by the Constitution , h III 'II II III I'll 1[llll} Veterans Affairs il[[l 1 r1 I Ways and Means Committee THE LEGISLATIVE BRANCH - CONGRESS I THE HOUSE OF REPRESENTATIVES - T HE "LOW ER" HOUSE A The most direct relationship to a democracy B Originally had no fixed number of members but allowed each state a number of representatives proportional to its population, elected for a two-year term from districts established within the state l In 1929, the number of representatives was fi xed at 435 with each state having at least one representative A 1964 Supreme Court decision mandated states apportion their districts equally to preserve the concept of "one man, one vote" and avoid the possibility of more powerful districts controlling the vote This allows each representative to represent a relatively small area, with a reiatively cohesive view C Leadership positions within the House I Speaker of tbe House a Elected by the majority party b.Presides over the House c Principal leader (over Majority Leader) of party d Third in line of succession (after Vice President), in event both President and V,P are simultaneously incapacitated e Assigns bills to committees f Important in assigning membership within committees hill' I III III 111 'I 1H\U [NOT E: These are the current House Commillee The House can establish or disso/,'e, commillees and/or subcommittees as circumstances warrant.) The major and most powerful of the standing (permanent) House Committees are: a Rules C ommittee I Sets rules for debate ii Can "kill" a bill by not voting it out of committee iii Can be overridden by a "discharge petition" signed by a minimum of 18 members (absolute majority) b Ways and Means C ommittee i Oversees federal revenue measures ii Has authority over borrowing money (National Debt) iii Oversees Social Security programs iv Oversees trade and tariff regulations c Appropriations i Oversees the "raising of revenues" provision (this committee' s most important function) Additionally the House can establish: a Select Committees: f or a limited purpose, which may last for several Congresses, as needed b.Joint Com mittees: Combining members from both House and Senate c Conference Committees: Joint committees to resolve differences between House and Senate versions of a bi ll [see How a Bill Becomes a Law] Branch II THE SENATE - THE "UPPER" HOUSE A.Has two members from each state, regardless of population who serve for six years Designed to act as a check on laws representing the interests of the "few" (district) by having a clear overview of the "many." the state as a whole e Leadership Positions in the Senate I The Vice President of the United States a Officially "President" of the Senate b Largely ceremonial role as this is a non-voting position except: i In the event of a tie (50/50) the Vice President casts the deciding vote ii Paradoxically, the least and most important Senate position President Pro Tempore ("Pro Tem") a Almost entirely a ceremonial title b Usually granted to the senior member of the majority party c Presides when the Vice President is unavailable d Otherwise, has the same power as any other Senator Majority Leader a The true power in the Senate b.Elected by Senate members ofhislher party c The most visible member of the Senate d Often meets with and acts in concert with the Speaker of the House andlor the President Minority Leader & Majority/Minority "Whips" a Function in pretty much the same way as their House counterparts D Powers of the Senate I Provides "advice and consent" (i.e.• final approval) on presidential nominees for virtually all positions including Supreme Court Justices, Federal Court Judges Ambassadors Secretaries of Cabinet posts etc Ratifies all treaties (by 7', vote) Sole power to try impeachments Votes on all bills and legislation sent up from the House a More often than not "amends" such bills before passage, requiring a return to the House, which either votes for the amended bill or continues to revise it [see How a Bill Becomes a Law] The Filibuster a A single Senator wishing to block a vote on legislation, can hold the floor indefinitely bringing all other work of the Senate to a halt i A Y, vote for cloture (a call to close the issue and vote) by the entire membership of the Senate is the only way to halt a filibuster, short of giving the Senator-in-question what he/she wants E The Structure of the Senate I Like the House, the Senate relies on committees to most of the preliminary work prior to a vote on legislation Majority membership on these committees goes to the majority party The chairman of each committee is, usually, the senior majority member of that committee Standing (Permanent) Senate Committees Agriculture, Nutrition and Forestry I!, null Appropriations illll'"~'!l'l'.!' Armed Services I' III I· I • Banking, Housing and Urban AtTairs hi ) Budget hltp ,d~ ... circumstances warrant As with the House b Commerce: Promotes business and trade; there are numerous special committees and/or subcommit administers Patent and Census bureaus; tees oflimited duration.]... j Justice (Attorney General): Oversees all federal D.Staff and Offices of the PresidentlWhite House legal business, with separate divisions covering I Chief of Staff areas such as: antitrust... www.dhs.gov Housing and Urban Development (HUD) www.hud.gov Interior (001) www doi.gov Justice (DOJ) www.usdoj.gov Labor www.dol.gov State www.state.go Transportation (DOT) www.dot.gov Treasury www.ustreas.gov