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TOPIC 64. THE USA INSTITUTIONS. THE CONSTITUTION. TERRITORIAL ORGANIZATION…
TOPIC 64. THE USA INSTITUTIONS. THE CONSTITUTION. TERRITORIAL ORGANIZATION. THE PRESIDENT. THE CONGRESS. POLITICAL PARTIES AND ELECTORAL SYSTEM
CONCLUSION
This topic explores the historical development of the United States Of America's institutions isnce the very beginning until the late XXth century, but it also describes major events such as The Constitutional Convention of 1787, the U. S. congress formation, the US Federal GOvernment with al its branches, the USA President's responsibilities and limitations, the electoral system, the department of the interior, and the US divisions into States, Counties, Cities and Insular Areas.
- It allows students to understand the historical processes underpinning each event and it also attempts to improve the learner's ability to analyse and evaluate various historical trends.
INTRODUCTION
- Britain's American colonies broke with the mother country in 1776 and were recognised as the new nation of the United States of America following the Treaty of Paris in 1783. The success of the Revolution gave Americans the opportunity to give legal form to their ideals as expressed in the Declaration of Independence, and to remedy some of their grievance through state constitutions.
- The new constitutions showed the impact of democratic ideas. None made any drastic break with the past since all were built on solid foundation of colonial experience and English practice. But each also was encouraged by the spirit of republicanism. Naturally, the first objective of the framers of the state constitutions was to secure those unalineable rights whose violation had caused the former colonies to repudiate their connection with Britain.
- Each constitution started with a declaration or bill of rights (Virginia also included a declaration of principles, such as popular sovereignity). All of them paid allegiance to the 3-branch structure of government (executive, legislative and judiciary), each checked and balanced by the others.
- In National politics, Southerners chiefly sought protection and enlargement of the interests represented by the cotton-slavery system. An earlier antislavery movement had won its last victory in 1808 when Congress abolished the slave trade with Africa. Thereafter, an abolitionist movement emerged in the 1830s to end slavery.
With the election of Abraham Lincoln, the Southern states decided to protect their own interests, making a secession from the union. These states sent delegates to Montgomery and adopted a provisional constitution for the newly formed Confederate States of America. These events ended up on a civil war, a conflict combined with the Napoleonic Age and the new Machine age.
Another traumatic experience was the Great Depression of the 1930s, when the stock market crashed and wiped out 40% of the paper values of common stock, increasing unemployyment.
World wars and the end of Cold War in 1991 made the USA the world's most powerful nation state with an economy marked by steady growth, low unemployment and inflation and rapid advances in technology.
USA INSTITUTIONS
federal government comprises 3 branches defined by the U.S. constitution:
- The congress = legislative power
- the president = executive power
- the Federal Courts (9 supreme) = judicial power
Powers and duties = defined by
Acts of Congress, function under the principle of Checks and Balances (which means they're empowered separate branches induced to share power)
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THE CONSTITUTION
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affirms that the GOV of US exists to serve its citizens
The Constitution of the USA is the supreme law which superseded the Articles of Confederation
(7 originally). It delineates the national frame of government
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STRUCTURE
(7 ARTICLES)
- articles 1-3. Separation of powers in 3 branches: the legislative consisting of bicameral congress; the executive power consisting of the president and subordinate officers; and the judicial power consisting of the Supreme Court and other federal courts.
- Articles 4-6: embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment.
- Article 7, which establishes the procedure subsequently used by the 13 states to ratify it: only 9 states needed. It is the oldest written and codified national constitution in force.
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AMENDMENTS
since the constitution came into force in 1789, it has been amended 27 times to meet the needs of a nation that has profoundly changed since the 18th c.
- the first 10 amendments = Bill of Rights
, which protects people's freedoms and rights, limits government power. Includes rights such as free speech, owning guns, privacy, fair trials, and protection against cruel punishment.
- The later 17 amendments expand personal civil rights protections, address issues related to federal authority or modify government procedures.
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TERRITORIAL ORGANISATION
- 50 states, 1 federal district (Columbia) and 5 insular areas which are major self-governing territories
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(US Virgin Islands).
- states = principal political divisions in the country
- Each state holds jurisdiction over a defined geographic territory, where it shares sovereignty with the federal government
- Each state has presidential electors equal to their number of representatives and senators in congress
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USA observes tribal sovereignty of the American Indian nations to a limited degree. American Indian = US citizens and tribal lands are subject to the jurisdiction of the US congress and the federal courts. They have autonomy but are not allowed to make war nor have their own currency.
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Insular areas = not part of the US continental territory, but their native-born inhabitants have been extended by congress citizenship rights to all inhabited territories (with the exception of American Samoans who are US nationals but not citizens. They are free to seek employment within the USA but cannot vote for federal elections). They can vote and run for office in any US jurisdiction in which they're residents.
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STATE GOVERNMENTS
responsible for statewide concerns such as public safety; they can create laws, manage budgets and oversee state services
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- all are modelled after the Federal Government and consist of 3 branches (the executive power is held by governors who people directly elected in every State. All states have a bicameral legislature made up of the senate and the house of representatives/delegates for the legislative branch; and the state judicial branches are usually led by the State supreme Court that focuses on correcting errors made in lower courts)
- The U.S. Constitution mandates that all states uphold a republican form of government.
LOCAL GOVERNMENTS
focus on community-specific needs, such as local police.
- They generally include 2 tiers
counties or boroughs (Alaska) or parishes (Louisiana) that are divided into smaller administrative units called townships typically governed by a board of supervisors and even other elected officials such as a township clerk.
municipalities or cities/towns that can be structured in many ways as they vary greatly in size.
- Municipal governments are generally organised around a population centre and correspond to the geographical designations used by the United States Census Bureau for reporting housing and population statistics.
- They generally take responsibility for parks and fire departments, transportation, housing and emergency medical services, municipal courts, and public works.
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THE CONGRESS
is the legislative branch, the law-making part of the federal government
- Its members are directly elected by the people.
it has authority over:
- financial and budgetary policy, regulating foreign & interstate commerce
- national defense, including the exclusive power to declare war, to raise and maintain the armed forces and to make rules for the military.
- establishing post offices and roads, issue patents and copyrights, fix standards of weights and measure, establishing Courts inferior to the supreme court and make all laws necessary for carrying into execution the foregoing powers.
- investigating and overseeing the executive branch
- implied powers deriving from the Constitution's Necessary and Proper Clause which permits the congress to make all the laws needed.
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is affected by representative interest groups.
Lobbyists play a significant role in testifying before congressional hearings and in mobilizing opinion on selected issues
it consists of 2 houses with representatives from all 50 states:
- The House of Representatives (the lower chamber representing the people. It's Responsible for initiating revenue bills and holds the power of impeachment over federal officials. Members hold hearings, develop policies and vote on laws)
- The Senate (the upper chamber Holds the exclusive power to confirm presidential appointments, approve federal officials, ratify treaties, and conduct impeachment trials, representing each state equally having 2 senators)
they must assemble at least once a year, both chambers have an equal role in the enactment of legislation.
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POLITICAL PARTIES
DEMOCRATIC PARTY
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philosophy of modern liberalism advocates socioeconomic equality. It seeks to provide government intervention and regulation in the economy
REPUBLICAN PARTY
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the philosophy centers around socioeconomic independence and a capitalist economic system.
- It is also known for its anti-abortion effects, pro-gun laws, anti-regulatory policy, and reduction of government intervention in the economy as well as privatised health care.
believes in lower taxes, less social programs, and personal liberty
INDEPENDENTS
+100 registered political parties in the USA with different blends of political viewpoints. Most of them fall under Republicans and Democrats with variations or under other ideological umbrellas such as Progressive, Libertarian, Conservative, Socialist, etc.
- They are either underfunded or under supported and highly suppressed.
- Nearly 44% of politically active citizens prefer to identify as Independent because of this suppression.
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ELECTORAL SYSTEM
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Federal and many state elections occur on the first Tuesday after the first Monday in November of even-numbered years.
are held for government officials at the:
- federal: every 4 years, the president and vice president are elected indirectly by people through the Electoral College. They include voting for members of the Congress
- state level, many elective offices in each state have at least an elective governor and legislature. Positions such as Attorney General, Secretary of State, and other officials may also be elected during state elections.
- local level include positions such as mayors, city council members, county commissioners, and school board members
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Voting methods
most common: first-past-the-post system, where the highest-polling candidate wins the election. It only requires a plurality of votes to win.
since 2002, instant-runoff voting where voters rank the candidates in order of preference. Ballots assigned to the eliminated candidate are recounted and assigned to those of the remaining candidates who rank next in order of preference on each ballot.
levels of elections
- Article I established that elections for congressional offices can be held at different times.
- Article II requires that the election of the US president by the Electoral College must occur on a single day throughout the country;
- Congressional and presidential elections take place simultaneously every 4 years and
- the intervening congressional elections, which take place every 2 years, are called midterm elections. It aims to elect 435 members of the House of Representatives and 35 of the Senate
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