0% found this document useful (0 votes)
26 views33 pages

USA Pol Sci

The document outlines the history and growth of the U.S. Constitution, detailing its transition from the Articles of Confederation, key events leading to its creation, and the evolution of federal authority. It highlights the Constitution's structure, including the separation of powers, checks and balances, and the Bill of Rights, while discussing the impact of federalism and key Supreme Court cases. Additionally, it covers the powers and responsibilities of the presidency in relation to law enforcement, military authority, and foreign relations.

Uploaded by

Rohit Sharma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
26 views33 pages

USA Pol Sci

The document outlines the history and growth of the U.S. Constitution, detailing its transition from the Articles of Confederation, key events leading to its creation, and the evolution of federal authority. It highlights the Constitution's structure, including the separation of powers, checks and balances, and the Bill of Rights, while discussing the impact of federalism and key Supreme Court cases. Additionally, it covers the powers and responsibilities of the presidency in relation to law enforcement, military authority, and foreign relations.

Uploaded by

Rohit Sharma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 33

History and Growth of the U.S.

Constitution:

 Transition from Confederation: The U.S. Constitution was created to address the weak
central authority under the Articles of Confederation [1]. The goal was to establish a
strong central government while respecting state autonomy [2].

 Key Issues Under the Confederation: States retained powers not expressly delegated to
Congress, national power resided only in Congress, and each state had one vote
regardless of size or population [3]. Limitations of the confederation included difficulty
amending the document, supermajority requirements, and limited powers regarding
taxation and military authority [4].

 Key Events and Plans in Constitution's Creation:

o Shays' Rebellion exposed economic issues and federal government's inaction [5].

o The Virginia Plan proposed a bicameral legislature with representation based on


population [6].

o The New Jersey Plan advocated for equal state representation in a single-house
Congress [7].

o The Hamilton Plan suggested a strong central government with a bicameral


legislature [8].

o The Great Compromise (Connecticut Compromise) established proportional


representation in the House and equal representation in the Senate [9].

 Ratification and Early Amendments:

o Delaware was the first state to ratify the Constitution on December 7, 1787 [10].

o The Constitution took effect on March 4, 1789 [11].

o The Bill of Rights (first ten amendments) was added to protect individual
liberties [12].
 Amendments and Evolution: The U.S. Constitution has been amended 27 times [13].
Presidential elections shifted from indirect to direct through convention [13].

 Growth of Federal Authority:

o Federal power has expanded through judicial interpretation, amendments, and


congressional laws [14].

o The Supreme Court's interpretations have increased federal power [15].

o Chief Justice Marshall's doctrine of implied powers grants powers implied in the
enumerated ones [15].

o The "necessary and proper" clause has been used to justify powers not
specifically listed [16].

o Constitutional amendments, including the 13th, 15th, 16th, and 17th


Amendments, have expanded federal authority [17].

o The Civil War validated the federal government's power over states [18].

o Presidential regulations, particularly during emergencies, have broadened federal


powers [19].

o Federal grants-in-aid have contributed to increased federal control through


funding [20].

 Federalism and Division of Powers: The Constitution divides powers between the
federal government and the states, with residuary powers belonging to the states [21].
The federal center has become powerful through the doctrine of "Implied Powers" [21].

Salient Features of the American Constitution:

 Preamble: Establishes that power comes from the citizens, aims to form a more perfect
union, establish justice, and secure liberty [1].

 Articles:

o Article I establishes Congress with the Senate and House of Representatives and
vests all legislative powers [2].
o Article II vests executive power in a President of the United States [2].

o Article III creates the Supreme Court and establishes the judicial branch [2].

o Articles IV-VII cover federal-state relationships, amendment procedures, the


supremacy clause, and ratification [2].

 Written and Ratified Constitution: The U.S. Constitution is brief with only 7 articles and
27 amendments [3]. Framers left details to be filled by Acts of Congress [3]. Conventions
and customs have changed its nature considerably [3].

 Rigidity and Adaptability: The U.S. Constitution is one of the most rigid constitutions in
the world with a cumbersome amendment process requiring ratification by three-
fourths of the states [4]. Despite its rigidity, it has adapted to industrial revolution, wars,
and economic crises [4].

 Federal Character: There is a constitutional division of powers between the federal


government and federating units [5]. Powers not delegated to the federal government
are reserved to the states [5].

 Supremacy of the Constitution: The Constitution is the supreme law of the land, and
neither the federal government nor the states can override it [6]. The Supreme Court
can invalidate unconstitutional laws [6].

 Separation of Powers: Legislative power is vested in Congress, executive power in the


President, and judicial power in the Supreme Court [7].

 Checks and Balances: The President can veto bills passed by Congress [8]. The Senate
shares appointment powers and must ratify treaties [8]. Courts can declare laws and
executive actions unconstitutional [8].

 Bill of Rights: The first ten amendments protect essential freedoms and are enforceable
through the judiciary [9]. These rights cannot be modified or suspended except by
constitutional amendment [9].
 Judicial Review: The Supreme Court acts as the guardian and custodian of the
Constitution [10]. Courts can declare legislation or executive action null and void [10].

 Republicanism: The U.S. has an elected President, unlike a hereditary monarch [11]. The
Constitution derives its authority from the people [11].

 Presidential Form of Government: All executive powers are vested in the President with
a fixed four-year term [12].

 Dual Citizenship: Americans hold citizenship of both the U.S. and their state of
domicile [13].

 Popular Sovereignty: The Preamble begins with "We the people," attributing
sovereignty to citizens [14].

 Bicameral Legislature: The Senate is more powerful than the House of Representatives,
with legislative, executive and judicial powers [15].

American Federalism
Core Concepts of American Federalism:

 Definition: Federalism in the United States involves a division of powers between a


central (federal) government and regional (state) governments [1].

 Constitutional Basis: The U.S. Constitution outlines the structure and principles of
American federalism, though the balance of power has evolved significantly since its
inception [2].

 State Importance: States remain central to the American political system, retaining
autonomy compared to local governments in more centralized systems [3].

II. Division of Powers:


 Enumerated Powers: The Constitution explicitly grants certain powers to the federal
government [4].

 Implied Powers: The federal government also possesses implied powers, logically
related to the enumerated powers but not explicitly mentioned [4].

 Reserved Powers: Powers not delegated to the federal government, nor prohibited to
the states, are reserved to the states respectively, or to the people [1].

 Concurrent Powers: Some powers are exercised concurrently by both federal and state
governments [5].

III. Evolution of Federal Authority:

 Constitutional Shift: The federal government's powers have increased significantly since
the Constitution's creation [2].

 Key Factors: Judicial interpretation, constitutional amendments, and congressional laws


have expanded federal reach [2]. Presidential regulations, emergencies, and leadership
have further centralized power [2].

 Judicial Interpretation: The Supreme Court has played a significant role in interpreting
the Constitution to expand federal powers, sometimes at the expense of the states [4].

 Doctrine of Implied Powers: Chief Justice Marshall developed this doctrine, granting
powers implied in enumerated ones [4].

 McCulloch v. Maryland (1819): This landmark case established that the national
government has implied powers that go beyond enumerated ones [6]. The Supreme
Court ruled Congress could create a national bank that states couldn't tax, using the
"necessary and proper" clause to justify powers not specifically enumerated [6].

 Supremacy Clause: Article VI declares the Constitution and federal laws "shall be the
supreme Law of the Land," limiting states' ability to hamper constitutional laws enacted
by Congress [7].

 Commerce Clause Expansion: The Constitution empowers the federal government to


regulate commerce with foreign nations and among the states, giving Congress power to
control transport and communication [8]. In Gibbons v. Ogden (1824), Marshall ruled the
federal government has exclusive jurisdiction over interstate commerce [8].
 General Welfare: Congress derived authority to pass social legislation like old age
insurance schemes. Through taxation powers, Congress gained authority over the
Central Bank [9]. In Fletcher v. Peck (1810), the Supreme Court ruled state laws could be
invalidated if they violated the U.S. Constitution [9].

 Rights Expansion: In Griswold v. Connecticut (1965), the Supreme Court ruled states
cannot prohibit contraception, protecting privacy rights under the Constitution [10]. Roe
v. Wade (1973) found states cannot impose strict limits on abortion, with the Due
Process Clause of the Fourteenth Amendment providing for the right to privacy [10].

 Constitutional Amendments: Several amendments have expanded federal


authority [11].

 13th Amendment: Ended slave trade [11].

 15th Amendment: Gave judicial review authority over States' legislation [11].

 16th Amendment: Authorized Congress to levy income taxes of all kinds [11].

 17th Amendment: Established direct election of Senators by the people [11].

 Civil War Impact: The Civil War established that no state could leave the Union,
confirmed the federal right to impose its will on states, and led to Southern states being
ruled by military governors from Washington (1865-1877) [12].

 Presidential Regulations: Presidents have issued rules widening federal government


powers [13].

 International Relations Impact: National security priorities, resource control, domestic


control, and infrastructure development have expanded federal authority [14].

 Post-WWII Federal Expansion: Government controlled the economy to support military


needs, becoming a major provider of healthcare, education, and employment [15].

 Leadership and Emergencies: Economic depressions, the Cold War, and recessions have
prompted greater federal intervention [16].

 Federal Grants-in-Aid: Federal grants require states to spend money for a specific
purpose, contribute matching funds, and establish suitable administrative agencies [17].

 Federal Control Through Funding: The government has the right to impose standards,
regulations, inspections, and audits, and grants can be withheld if states don't meet
national standards [18].
 Interstate Federal Organizations: Many interstate federal organizations facilitate
cooperation and uniform policies under federal direction, without encroaching upon
state autonomy or vitality [19].

 Federal Legislation Impact: Acts like the Equal Opportunity Act (1964), Mass Transit Act
(1964), Education Acts (1965), and Housing Act (1968) addressed various social and
economic issues, often with implications for state and federal roles [20].

IV. State Powers Preserved:

 Taxation: States collect taxes and borrow money [21].

 Infrastructure: States build roads and provide essential services [21].

 Regulation: States regulate intrastate business and issue licenses [21].

 Law Enforcement: States control police, civil and criminal law [21].

 Education: States maintain control over educational systems [21].

V. Examples of Jurisdiction in Federal and State Courts:

 Federal Courts:

 Crimes under statutes enacted by Congress [5].

 Most cases involving federal laws or regulations (e.g., tax, Social Security, broadcasting,
civil rights) [5].

 Matters involving interstate and international commerce, including airline and railroad
regulation [5].

 Cases involving securities and commodities regulation, including takeovers of publicly


held corporations [5].

 Admiralty cases [5].

 International trade law matters [5].

 Patent, copyright, and other intellectual property issues [5].

 Cases involving rights under treaties, foreign states, and foreign nationals [5].
 State law disputes when “diversity of citizenship” exists [5].

 Bankruptcy matters [5].

 Disputes between states [5].

 Habeas corpus actions [5].

 Traffic violations and crimes occurring on certain federal property [5].

 State Courts:

 Crimes under state legislation [5].

 State constitutional issues and cases involving state laws or regulations [5].

 Family law issues [5].

 Real property issues [5].

 Landlord and tenant disputes [5].

 Most private contract disputes (except those resolved under bankruptcy law) [5].

 Most issues involving the regulation of trades and professions [5].

 Most professional malpractice issues [5].

 Most issues involving the internal governance of business associations, such as


partnerships and corporations [5].

 Most personal injury lawsuits [5].

 Most workers’ injury claims [5].

 Probate and inheritance matters [5].

 Most traffic violations [5].

 State or Federal Courts (Concurrent Jurisdiction):

 Crimes punishable under both federal or state law [5].

 Federal constitutional issues [5].

 Certain civil rights claims [5].

 “Class action” cases [5].

 Environmental regulation [5].


 Certain disputes involving federal law [5].

VI. Key Supreme Court Cases and Doctrines:

 Doctrine of Implied Powers: Established by Chief Justice Marshall, allowing the federal
government to exercise powers not explicitly listed but implied by the enumerated
powers [4].

 McCulloch v. Maryland (1819): Affirmed the national government's implied powers


beyond those explicitly listed [6].

 Gibbons v. Ogden (1824): Affirmed federal government's exclusive jurisdiction over


interstate commerce [8].

 Fletcher v. Peck (1810): Ruled state laws could be invalidated if they violated the U.S.
Constitution [9].

 Griswold v. Connecticut (1965): Ruled states cannot prohibit contraception, protecting


privacy rights under the Constitution [10].

 Roe v. Wade (1973): Found states cannot impose strict limits on abortion, citing the
Fourteenth Amendment's Due Process Clause for the right to privacy [10].

 Cooper v. Aaron (1958): The Court ruled unanimously that only federal courts can
decide when the Constitution is violated and that states cannot nullify decisions of
federal courts [22].

VII. Contemporary Aspects:

 Interstate Organizations: These organizations facilitate cooperation and consistent


policies under federal direction while preserving state autonomy [19].

This detailed overview encapsulates the core tenets, historical evolution, and significant legal
and political facets of American federalism, as evidenced in the provided documentation.
American Presidency
Executive Powers

 Head of Administration: The President is responsible for enforcing federal laws and
treaties, with all executive actions taken in their name [1].

 Constitutional Protector: The President is responsible for protecting the Constitution


and guaranteeing Republican government to every state [1].

 Crisis Management: The President can act independently if domestic violence


endangers federal laws, property, or interstate commerce [1].

II. Commander-in-Chief

 Military Authority: The President appoints military officers with Senate consent and is
responsible for national defense [2].

 War Powers: The President can make war unavoidable through administrative actions.
President Truman took action in Korea without Congress authorization [2].

 Modern Conflicts: The Bush's invasions of Afghanistan and Iraq demonstrate the
enormous military power of the presidency [2].

III. Foreign Relations

 Representation: The President represents the USA in foreign relations and formulates
foreign policy [3].

 Diplomacy: The President appoints diplomatic representatives and receives foreign


diplomats. Negotiates treaties with foreign states [3].

 Treaty Powers: Treaties must be ratified by two-thirds Senate majority. The President
has unfettered freedom to negotiate [3].
IV. Presidential Diplomacy

 Public Persuasion: Carter signed Strategic Arms Limitation with Brezhnev. His televised
address to Congress helped secure Senate approval [4].

 Executive Agreements: Presidents can enter 'Executive Agreements' that bypass Senate
ratification. The Vietnam War termination treaty was never submitted to Senate [4].

 Nuclear Treaties: Presidents have secured important arms treaties including Reagan's
Strategic Arms Reduction Treaty and Obama's nuclear treaty with Russia [4].

V. Secret Diplomacy

 Covert Negotiations: The President may resort to secret diplomacy with foreign
powers [5].

 Wartime Conferences: Roosevelt held many secret conferences before and during World
War II [5].

 Modern Applications: Secret diplomacy plays a vital role in US-Pakistan relations against
Al-Qaeda terrorists [5].

VI. Presidential Appointments

 Presidential Cabinet: Senate rarely interferes with Cabinet selections [6].

 Superior Services: Appointed by President with Senate consent [6].

 Inferior Services: Appointed by President alone under civil service rules [6].

 The power of appointments gives the President authority over federal officers. Superior
service appointments typically last four years, coinciding with the presidential term [6].

VII. Senate's Role in Appointments


 Senate Approval: The Senate can reject presidential nominations. In 1925, Coolidge's
nomination of Warren as Attorney General was disapproved [7].

 Senatorial Courtesy: Senate usually ratifies local appointments if the senator from that
state approves [7].

 Recess Appointments: The President can temporarily fill vacancies during Senate recess,
potentially reappointing after session ends [7].

VIII. Legislative Powers

 Separation of Powers: President and Congress in separate apartments [8].

 Limited Direct Control: Cannot summon, prorogue or dissolve Congress [8].

 Persuasive Influence: Can persuade but not threaten Congress [8].

 The President cannot initiate bills directly or participate in Congressional deliberations.


Despite these limitations, the President has acquired substantial influence in legislation
over time [8].

IX. Presidential Veto Powers

 Assent: President approves bill and it becomes law [9].

 Pocket Veto: Bill dies if Congress adjourns before 10-day period expires without
presidential signature [9].

 Suspensory Veto: President rejects bill; Congress can override with 2/3 majority in each
house [9].

X. Power of the Pocket Veto

 Absolute Power: During the last 10 days of Congressional session, the President has
absolute veto power [10].

 No Explanation Required: The President doesn't owe an explanation for inaction.


Congress cannot override a pocket veto [10].
 Frequent Usage: The Pocket Veto has been used over 700 times throughout history [10].

 Preventive Influence: The President may check legislation by threatening a veto in


advance [10].

XI. Presidential Messages

 Proposing Legislation: The President may send messages proposing legislative


measures, either orally or as documents [11].

 Historic Impact: The famous 'Monroe Doctrine' was transmitted to Congress through a
presidential message in 1823 [11].

 Public Attention: Presidential messages stir the nation and are widely read and
discussed [11].

XII. International Messaging

 Presidential messages often serve international purposes. Wilson's messages before


WWI informed European powers about US attitudes. Roosevelt's 1941-45 messages had
similar motivations. Eisenhower submitted 225 specific legislation requests through
messages [12].

XIII. Special Sessions

 The President has the right to convene special sessions of Congress. Important laws
were passed in 1913 in special sessions called by President Wilson. The practice has
declined since the 20th Amendment reduced intervals between regular sessions [13].

XIV. Presidential Patronage

 Federal Appointments: The President makes thousands of appointments to federal


services [14].
 Congressional Allies: Hundreds of legislators seek presidential favor to secure jobs for
supporters [14].

 Budget Influence: Control over millions in federal spending creates leverage with
Congress [14].

 Presidents have often used patronage to bargain with members of Congress to get their
legislative proposals passed [14].

XV. Appeal to Public Opinion

 National Leadership: The President is not just head of Republic but leader of the
nation [15].

 Media Influence: Presidents exercise influence through press, radio, and television [15].

 Direct Communication: Roosevelt introduced fireside chats; Kennedy used television;


Obama gave emotional speeches [15].

 When Congress opposes the President, he can appeal directly to the public [15].

XVI. Informal Conferences

 Party Leadership: Most legislative programs are discussed with prominent party leaders
at informal gatherings [16].

 Bipartisan Consultation: On foreign affairs, the President may consult leaders from
other parties [16].

 Relationship Building: Eisenhower frequently called Democratic Party leaders for


consultation [16].

XVII. Delegated Legislation

 The President can make rules and regulations through executive orders. Congress often
passes laws in general outlines, leaving details to be filled by the executive. These rules
have the force of law [17].
 President Roosevelt issued 3,703 executive orders before 1944, compared to 4,553 laws
passed by Congress in the same period [17].

XVIII. Financial Powers

 Although Congress has control over federal finances, the President directs and controls
finance in practice. He serves as the general manager of government financial
affairs [18].

 Budget Formulation: The President supervises budget creation through the Bureau of
Budget [18].

 Congressional Review: Budget is placed before Congress which can amend it [18].

 Practical Control: Few in Congress understand budget technicalities, so it usually passes


unchanged [18].

XIX. Judicial Powers

 Clemency Powers: The President can grant pardon, reprieve, or amnesty to offenders
convicted of federal crimes [19].

 Limitations: Cannot pardon those convicted by impeachment or for state law


offenses [19].

 Judicial Appointments: Appoints Supreme Court judges with Senate consent, providing
judicial patronage [19].

XX. Party Leader

 National Pulpit: The White House is the biggest pulpit in the country [20].

 Media Influence: Every presidential broadcast influences Congressmen to align with


him [20].

 Balanced Leadership: Must limit partisanship as he is both party leader and national
leader [20].
 The President is the leader in chief of his party. The nation looks to him for guidance on
public issues. In national emergencies, he becomes the savior of national interests [20].

XXI. Congressional Limitations

 Legislative Checks: Congress can amend, delay or reject presidential proposals and
override vetoes [21].

 Financial Control: Congress can amend budgetary requests through the power of the
purse [21].

 War Powers: Congress can check commander-in-chief power through declaring war and
funding [21].

 Impeachment: Congress can investigate presidential actions and potentially remove the
President from office [21].

XXII. Supreme Court Limitations

 Nixon Tapes (1974): Court declared Nixon's refusal to release White House tapes
unconstitutional [22].

 Clinton Immunity (1997): Court rejected Clinton's claim of immunity from Paula Jones
prosecution [22].

 Obama Orders (2014-2016): Court ruled Obama's recess appointments and immigration
executive order unconstitutional [22].

 Trump Travel Ban: Federal courts declared Trump's travel ban executive order
inoperative [22].

XXIII. Other Checks on Presidential Power

 Interest Groups: Organizations like the NRA can mobilize public opinion against
presidential policies [23].

 Media Scrutiny: The 24/7 news cycle influences what presidents can accomplish [23].
 Term Limits: Presidents hold limited, democratic office with constitutional
constraints [23].

 Public Opinion: Citizens' views can restrict presidential action through electoral
consequences [23].

XXIV. Comparison of the President with British Monarch

 More Than King: Boss over the cabinet, real commander in chief, veto power, executive
power, judicial Powers, pardoning Powers [24].

 Less Than King: Tenure, head of the Society and church, summon, prorogue, dissolve,
symbol of commonwealth [24].

XXV. US president and UK prime minister: comparing roles and powers

 US President:

 Elected as president [25].

 Chief executive and head of state [25].

 Legislation: initiating and veto powers [25].

 Appoints cabinet but subject to Senate confirmation [25].

 Commander-in-chief of the Armed Forces, but only Congress can declare war [25].

 Has vice president [25].

 Has a variety of means to pursue policy unilaterally: executive orders, signing


statements, etc [25].

 Limited to two full terms in office [25].

 Fixed Tenure [25].

 UK Prime Minister:

 Elected as party leader in HOC [25].

 Head of government only [25].


 Draws up government9s legislative programme with cabinet [25].

 Appoints cabinet (no confirmation) [25].

 Can use royal prerogative to declare war and deploy troops abroad but recently more
subject to parliamentary approval [25].

 May appoint deputy prime minister [25].

 More likely to pursue policy collectively, through either cabinet or cabinet


committees [25].

 No term limits [25].

 Tenure not fixed [25].

XXVI. US president and UK prime minister: comparing relations with legislature

 US president9s relations with Congress

 State of the Union Address [26].

 Dependent on Senate for confirmation of numerous appointments [26].

 Possibility of divided government [26].

 Budget may be significantly amended or defeated in Congress [26].

 No executive branch members in Congress [26].

 Not subject to personal questioning by members of Congress [26].

 Gets agreement in Congress mostly by persuasion and bargaining [26].

 President individually subject to impeachment (House) and trial (Senate) [26].

 UK prime Minister9s relations with Congress

 Monarch9s Speech [26].

 Makes numerous appointments without need for legislature to consent [26].

 May not have majority in House of Lords [26].

 Budget subject to parliamentary scrutiny [26].

 Executive branch members in both houses, and dominate House of Commons [26].
 Prime Minister9s Question Time [26].

 Gets agreement in Parliament mostly by party discipline and reliance on the payroll vote
in the House of Commons [26].

 Prime minister and government collectively subject to vote of no confidence [26].

XXVII. Case Studies of Presidents and their Impact:

 George Washington: Set precedents for the office, including foreign policy neutrality and
a two-term limit [27].

 Thomas Jefferson: Demonstrated presidential influence on Congress, military action


without approval, and territorial expansion [28].

 Andrew Jackson: Expanded suffrage, challenged economic elites, and asserted executive
power [29].

 Abraham Lincoln: Exercised extraordinary war powers, including mobilizing militia and
suspending habeas corpus [30].

 Theodore Roosevelt: Used the presidency as a "bully pulpit," promoted federal


regulation, and championed conservation [31].

 Franklin D. Roosevelt: Led the nation through the Great Depression and WWII,
expanded government responsibility for citizens' well-being [32].

 Richard Nixon: Ended American involvement in Vietnam War, but Watergate scandal led
to his resignation [33].

 Ronald Reagan: Implemented tax cuts, increased defense spending, and utilized
communication to influence public opinion [34].

This compilation provides a structured and detailed overview of the American Presidency,
covering its powers, limitations, historical evolution, and significant presidential actions.

Human: Give me notes on American judicial system


Assistant: Here are detailed notes on the American Judicial System, based on the provided
documents:

I. Structure of the Federal Court System:


 The federal court system consists of three primary levels: District Courts, Circuit Courts
of Appeals, and the Supreme Court [35].

 District Courts: Serve as the courts of first instance, with 94 courts across the
nation [36]. Each state has at least one district court, and more populous states have
multiple districts [37].

 District courts are federal courts of original jurisdiction, and most federal cases begin
here [38]. No cases come to district court on appeal [38].

 District courts are the only federal courts that use juries [38].

 Multiple judges may serve in a single district, holding court simultaneously, and judges
can be temporarily shifted between districts as workloads demand [37].

 Circuit Courts of Appeals: Act as intermediate appellate courts, with 12 regional circuits
hearing appeals from district courts [35].

 The 94 judicial districts are organized into 12 regional circuits, each of which has a
United States court of appeals [39].

 Each of the 12 regional courts has a three-judge panel that hears appeals as a matter of
right [40].

 There is also a Federal Circuit, which is a nonregional court that handles specialized
cases like patent laws and government claims [40].

 Supreme Court: Sits at the top of the federal system with nine justices, hearing appeals
at their discretion [35].

II. Organization of U.S. Federal Courts:

 The Supreme Court is a constitutional court at the apex, while the Courts of Appeal and
District Courts were originally legislative courts [41].

 The judicial power is vested in one supreme Court and inferior Courts as Congress may
establish [41].

III. The Supreme Court:


 Constitutional Basis: Article III of the U.S. Constitution establishes the Supreme
Court [42].

 Size and Composition: The Supreme Court's membership has varied throughout history,
but has been fixed at nine since 1869: one Chief Justice and eight associate justices [43].

 Appointment and Removal: Judges are nominated by the President from prominent
legal professionals, appear at hearings before the Senate Judiciary Committee, and are
confirmed by a vote in the Senate [44]. Judges can only be removed through
impeachment [44].

 Tenure: Judges hold office during "good behavior" and are removable only by
impeachment [45]. Retirement is optional at age seventy or any time thereafter [45].

 Sessions: Six judges constitute a quorum. All judges sit together with no separate
benches [46]. The regular session begins the first Monday in October and ends in June,
with weekly hearings from Tuesday through Friday [46].

IV. Jurisdiction of the Supreme Court:

 Constitutional Authority: Article III defines the scope of judicial power [47].

 Original Jurisdiction: Limited to cases involving ambassadors and states [47].

 Cases involving ambassadors, ministers, consuls, and foreign agents [48].

 Cases between the federal government and multiple state governments [48].

 Controversies between two or more states [48].

 Cases between the United States and foreign governments [48].

 Appellate Jurisdiction: Covers all other cases under Congressional regulation [47].

 Cases involving constitutionality or extraordinary importance [49].

 Appeals from state courts that invalidated state laws violating federal law [49].

 Cases where state courts invalidated federal laws or treaties [49].

 Appeals from decisions in lower federal courts [49].

 Court of Review: Appeals lie only on legal or constitutional points and are based on the
subject matter of the case [50]. Appeals from the highest state courts go directly to the
Supreme Court, and decisions are considered final with no further appeals [50].
V. Role of the Supreme Court:

 Constitutional Interpreter: Defines the meaning and application of constitutional


provisions [51].

 Constitutional Guardian: Protects the Constitution from legislative and executive


overreach [51].

 Rights Protector: Safeguards fundamental rights of citizens against government


infringement [51].

 Final Arbiter: Serves as the highest court of appeal and ultimate lawmaker in
disputes [51].

VI. Judicial Review:

 Definition: The power to determine whether laws and executive actions are
constitutional [52].

 Scope: Determines if laws comply with constitutional provisions but is not concerned
with the wisdom or policy of legislation [52].

 Constitutional Basis: The Constitution doesn't explicitly grant judicial review; the power
is implied in Articles III and VI [53].

VII. Key Cases:

 Marbury v. Madison (1803): Established the Supreme Court’s power to invalidate acts of
Congress that violate the Constitution, creating judicial review [54].

 Brown v. Board of Education (1954): Ruled segregated schools are "inherently unequal,"
paving the way for integration and future civil rights litigation [55].

 Cooper v. Aaron (1958): Declared that only federal courts can decide when the
Constitution is violated and that states cannot nullify decisions of federal courts [56].

 Grutter v. Bollinger (2003): Upheld diversity as a legitimate interest, shaping admissions


policies nationwide [57].
 Roe v. Wade (1973): Established the right to terminate a pregnancy, dividing Democrats
and Republicans [58].

 United States v. Windsor (2013) & Obergefell v. Hodges (2015): Cases about marriage
equality [59]. The Windsor case struck down the Defense of Marriage Act as
unconstitutional and granted federal benefits to married same-sex
couples [59]. Obergefell ruled that state bans on same-sex marriage violated the 14th
Amendment [59].

 United States v. Arizona: The Court struck down three provisions of Arizona's
immigration law for encroaching on congressional authority to regulate
immigration [60].

 U.S. v. Nixon (1974): Ruled that defendants' rights outweighed President's executive
privilege, establishing the principle that the President is not above the law [61].

 Rasul v. Bush (2004): Ruled that Guantanamo Bay detainees had access to federal courts
to challenge detention [62].

VIII. Criticisms and Debates:

 Concerns exist regarding the politicization of judicial nominations, partisan confirmation


processes, and the focus on litmus test issues rather than qualifications [63].

 Critics argue against life appointments, while defenders contend that security of tenure
ensures necessary objective outlook [45].

 There are debates over whether the Supreme Court has too much power and whether
justices abuse their power to bring about significant policy change [64].

IX. Understanding the Federal Courts:

 The federal courts are called the guardians of the Constitution because their rulings
protect rights and liberties guaranteed by the Constitution [65]. The federal courts
interpret and apply the law to resolve disputes, but they do not enact or enforce the
laws [65].

 An independent federal judiciary is essential to ensure fairness and equal justice for all
citizens [65]. The Constitution promotes judicial independence by appointing Article III
federal judges for life and ensuring that their compensation cannot be diminished during
their time in office [65].

 Under the Constitution, the President appoints federal judges with the “advice and
consent” of the Senate [66]. The President usually consults senators or other elected
officials concerning candidates for vacancies on the federal courts [66].

 The three branches of the federal government—legislative, executive, and judicial—


operate within a constitutional system of “checks and balances” [66]. Although each
branch is formally separate from the other two, the Constitution often requires
cooperation among the branches [66].

 The Constitution gives Congress the power to create federal courts other than the
Supreme Court and to determine their jurisdiction [66].

 The judiciary’s budget is a very small part—two tenths of one percent—of the entire
federal budget [66].

 Federal judges abide by the Code of Conduct for United States Judges, a set of ethical
principles and guidelines adopted by the Judicial Conference of the United States [67].

 There are federal rules of evidence and procedural rules governing civil, criminal,
bankruptcy, and appellate cases that must be followed in the federal courts [68]. The
rules are designed to promote simplicity, fairness, the just determination of litigation,
and the elimination of unjustifiable expense and delay [68].

 Jury service is one of the most important ways individual citizens become involved with
the federal judicial process [69].

X. Types of Federal Courts

 District Courts: The U.S. district courts are the primary trial courts of the federal court
system [39].

 Appellate Courts: The 94 judicial districts are organized into 12 regional circuits, each of
which has a United States court of appeals [39].

 Bankruptcy Courts: Federal courts have exclusive jurisdiction over bankruptcy


cases [70].

 Special Federal Courts: In addition to the district courts and court of appeals, there are
also special federal courts, including the U.S. Court of Appeals for the Federal Circuit, the
U.S. Court of International Trade, the U.S. Court of Federal Claims, the U.S. Court of
Appeals for Veterans Claims, the Court of Appeals for the Armed Forces, and the United
States Tax Court [71].

This compilation provides a comprehensive overview of the American Judicial System, including
its structure, powers, and key elements.

Human: what were the important powers of the senate


Assistant: Here's a summary of the important powers of the U.S. Senate, according to the
provided documents:

 Confirmation of Appointments: The Senate provides "advice and consent" for


presidential nominations of ambassadors, Supreme Court justices, and other high
officers [72]. No appointment is valid without Senate approval [72].

 Approval of Treaties: The President negotiates treaty terms with foreign nations, but the
Senate must give its approval through a two-thirds majority vote for the treaty to be
ratified [73].

 Investigation Committees: The Senate can appoint committees to investigate


government departments [74].

 Power to Try Impeachments: The Senate serves as the sole court for impeachment trials
of the President, Vice-President, diplomats, Cabinet members, and federal judges, trying
cases of treason, bribery, or other high crimes [75]. Conviction requires a two-thirds
Senate majority [76].

 Declaring War: Both the Senate and House must approve war declarations, limiting the
President's power as Commander-in-Chief [US-

The Congress
Legislative and Non-legislative Powers
 Congress has legislative powers including delegated, implied, and concurrent powers [1].

 Congress has non-legislative powers including executive, administrative, investigative,


electoral, additional powers including constituent, judicial, and financial [1].

II. Coordinate Powers

 Both houses are equal in legislative authority and all bills must pass through all stages in
both houses [2].

 An ordinary bill may originate in either house, requiring concurrence from both to
become law [2].

 Both houses must agree to proposed laws in exactly the same form before presidential
consideration [2].

III. Resolving Legislative Disagreements

 When the two Houses disagree on legislation, a conference committee with three
representatives from each House is formed to work out a compromise [3].

 Senate representatives often prevail in conference committees due to stronger


personalities and better parliamentary skill [3].

IV. Control over Purse

 The House of Representatives has the exclusive privilege of originating money bills [4].

 The Senate has the power to propose amendments to money bills [4].

 Senate approval is necessary for enactment of money bills [4].

 The Senate's amendment power has led to virtual origination power "in fact, if not in
form" [4].

V. Senate's Extensive Amendment Powers


 The Senate once made 847 amendments to a single money bill from the House [5].

 Both chambers must approve identical legislation [5].

 No other democratic upper chamber possesses such vast legislative and financial
powers [5].

VI. Power to Amend the Constitution

 The Senate and House have equal powers for constitutional amendments [6].

 Proposals for amendments require a two-thirds majority of both chambers [6].

 Congress convenes a National Convention if requested by two-thirds of state


legislatures [6].

 Congress decides which ratification method will be used [6].

VII. Overseeing the Executive Branch

 Committee oversight occurs almost exclusively in committee rooms [7].

 Congress establishes and votes on budgets of all executive departments [7].

 This oversight is implied by powers granted in Article I, Section 8 of the Constitution [7].

VIII. Overriding the President's Veto

 Both houses must vote by two-thirds majorities to override a presidential veto [8].

IX. Impeaching and Removing Public Officials

 The House has the "sole Power of Impeachment" - formal accusation [9].

 The Senate has the "sole Power to try all Impeachments" [9].
 Conviction requires two-thirds Senate majority [9].

X. Confirming an Appointed Vice President

 The Twenty-Fifth Amendment (1967) gave both houses power to confirm appointed vice
presidents [10].

XI. Expelling Members

 Each chamber may expel a member by a two-thirds vote [11].

The Federal Judiciary


Establishment and Constitutional Basis

 The judicial branch is one of the three separate and distinct branches of the federal
government established by Article III of the United States Constitution [1]. The other two
are the legislative and executive branches [1].

 Federal courts are considered guardians of the Constitution, protecting rights and
liberties guaranteed by it [1].

 The Constitution promotes judicial independence by providing life tenure for Article III
federal judges and preventing the reduction of their salaries during their term [1].

II. Relationship with Other Branches

 Congress: Congress has the power to create federal courts (other than the Supreme
Court) and determine their jurisdiction [2]. Congress decides the number of judges, their
locations, and approves the federal courts' budget [2].

 Executive Branch: The President appoints federal judges with Senate approval [2]. The
Department of Justice prosecutes federal crimes and represents the government in civil
cases [2].
III. Structure of the Federal Courts

 The Supreme Court is the highest court in the United States [3].

 Below the Supreme Court are 94 district-level trial courts and 13 courts of appeals [3].

 Trial Courts: U.S. district courts are the primary trial courts of the federal court
system [3]. There are 94 federal judicial districts, including at least one district in each
state, the District of Columbia, and Puerto Rico [3].

 Appellate Courts: The 94 judicial districts are organized into 12 regional circuits, each
with a United States court of appeals [3].

 Specialized Courts: The Court of Appeals for the Federal Circuit has nationwide
jurisdiction to hear appeals in specialized cases, such as those involving patent laws [3].

IV. Jurisdiction of the Federal Courts

 Federal courts exercise only "judicial" powers, resolving actual legal disputes ("Cases or
Controversies") [4].

 A plaintiff must have legal "standing" and have been legally harmed by the
defendant [4].

 Cases must fall under disputes that the law in question was designed to address, and the
court must have the power to remedy [4].

 The case cannot be "moot" and must present an ongoing problem for the court to
resolve [4].

 Main sources of cases are "federal question" jurisdiction and "diversity" jurisdiction [4].

 Federal courts have jurisdiction over all bankruptcy matters [5].

V. United States Judges


 Justices of the Supreme Court, judges of the courts of appeals and the district courts,
and judges of the Court of International Trade are appointed by the President with the
advice and consent of the Senate [6].

 Article III judges are appointed for life and can only be removed from office through the
impeachment process [6].

 Federal judges abide by the Code of Conduct for United States Judges [7].

VI. Federal Judicial Process

 The litigation process in U.S. courts is an "adversarial" system [8].

 Litigants typically pay their own court and attorneys’ fees whether they win or lose [8].

 Federal rules of evidence and procedural rules govern civil, criminal, bankruptcy, and
appellate cases [8].

 A federal civil case involves a legal dispute between two or more parties, beginning
when the plaintiff files a complaint [9].

 The judicial process in a criminal case differs from a civil case in several important ways,
including the role of the U.S. attorney and the grand jury [10].

VII. Jury Service

 Citizens become involved through jury service. There are trial juries (petit juries) and
grand juries [9].

 A civil trial jury typically consists of 6 to 12 persons, while a criminal trial jury is made up
of 12 jurors [9].

 A grand jury, which consists of 16 to 23 members, determines whether there is


"probable cause" to believe that an individual has committed a crime and should be put
on trial [9].

VIII. Federal Judicial Administration


 Day-to-day responsibility for judicial administration rests with each individual court [11].

 At the regional level, a “circuit judicial council” in each geographic circuit oversees the
administration of the courts located in that circuit [11].

 The Judicial Conference of the United States is the federal courts’ national policy-making
body [12].

 The Administrative Office of the U.S. Courts supports the work of the judicial
branch [13].

political parties
General Characteristics of the American Party System

 Extra-Constitutional Growth: The Founding Fathers opposed political party systems,


viewing them as detrimental to national interests [1].

 Two-Party System: Two major parties dominate, winning the vast majority of votes and
alternately controlling the executive [2]. Third parties act as "innovators of policy, not
holders of office" [2].

 Broad Ideologies: Major parties encompass a wide range of ideological views, leaving
little room for other parties [3].

 Not Polarized: Republicans and Democrats are not polarized into ideologically pure
conservative and liberal parties [3].

 Localism: Local party machinery primarily concerns itself with local issues [4].

II. Party Organization

 American parties are loosely organized compared to British parties, representing all
people and viewpoints [5].

 Flexible discipline is maintained, with people voting across party lines without changing
labels [6].

 The national committee doesn't dictate to state committees, and state committees don't
control local ones [6].
 National Committee: The Democratic National Committee (DNC) and Republican
National Committee (RNC) are headquartered in Washington, DC [7]. Each committee
includes one man and one woman from each state and territory [7].

 National Committee Functions: Include convention planning, campaign strategy,


campaign operations, and staff management [8].

 Congressional Campaign Committee: Works to strengthen party representation in


Congress and analyzes political possibilities [9].

 State Central Committee: Committeemen are chosen directly or indirectly by party


voters [10].

 County Committee: Over 3,000 counties maintain County Committees that coordinate
the work of lesser bodies [11].

 Local Organization: The basic unit is the precinct, with one party chairman maintaining
voter contact [12].

III. Caucuses and Primaries

 Becoming a party's presidential nominee requires obtaining a majority of delegates at


the national convention [13].

 Caucuses are meetings of party members to select delegates [14]. Primaries are
elections where party members vote for delegates [14].

 Democratic convention delegates include pledged delegates and super delegates [15].

IV. Major Parties: Democratic Party

 Founded by Andrew Jackson in 1828 [16].

 Now center-left, supporting social justice, a mixed economy, and a welfare state [17].

 The Democratic Party's philosophy advocates social and economic equality with welfare
state support, and it seeks government regulation to promote public interest [18].

 Core policies include environmental protection, labor support, social programs,


affordable education, and healthcare [18].
 The Democratic Party has a support base including urban residents, women, college
graduates, millennials, African-Americans, and Latinos [18].

V. Major Parties: Republican Party

 Founded primarily as an antislavery party in 1854 [19].

 The 21st-century Republican Party ideology is American conservatism, incorporating


both economic policies and social values [20].

 The Republican Party has a support base including rural residents, men, the Silent
Generation, and evangelical Christians [20].

VI. Third Parties

 The Libertarian Party was founded on December 11, 1971, and is the largest continuing
third party in the United States [21]. Its core mission is to reduce the size, influence, and
expenditures of all government levels [21].

 The Green Party has been active as a third party since the 1980s [22]. The United States
Green Party generally holds a left-wing ideology [23].

 The Constitution Party was founded as the U.S. Taxpayers Party in 1992 and is a small
national right-wing to far-right political party [24].

You might also like