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Civics 101: The National Self Governing Will

In-Home TrainingCourse 2: Modern US Politics

The National Self Governing Will 2: Modern US Politics



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Table of Contents

I. Introduction ..................................................................................................................3

II. Branches of Government..............................................................................................4

◦ The Executive Branch......................................................................................4

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President ...........................................................................................................5

◦ The President’s Cabinet ................................................................................11

◦ The Electoral College .....................................................................................14

III. The Legislative Branch .............................................................................................17

◦ The House of Representatives .......................................................................21

◦ The US Senate ................................................................................................23

◦ The United States Code .................................................................................26

◦ The Supermajority Vote ................................................................................27

◦ Congressional Committee System ................................................................29

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The Importance of a House and Senate .......................................................30

◦ The Great Compromise of 1787....................................................................32

IV. The Judicial Branch ..................................................................................................32

◦ Checks and Balances......................................................................................34

V. The Legislative Process ...............................................................................................34

VI. Federalism ..................................................................................................................37

◦ National vs. State Government – Federalism ..............................................40

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The Laws Behind the Acts of Congress........................................................41

VII. The Federal Budget Process ....................................................................................44

◦ The Federal Budget Calendar.......................................................................45

VIII. Expanded US Timeline ..........................................................................................46

IX. George Washington’s Farewell Address .................................................................54



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I. Introduction“All men would be tyrants if allowed.”

Quoted from Daniel Defoe by Abigail to John Adams

The modern political landscape can seem outright confusing. However, at its core, the

state and federal governments were built on a system. Much of the confusion that existsover the operation of the government comes from not fully understanding the history ofthe system and how it is meant to operate.

This course is meant to provide a better civil comprehension of the political system of theUnited States, a brief history of how it was created, and the functions and facilities ofeach group of government.

It is your responsibility to participate in democracy.

“These are the times that try men's souls. The summer soldier and the sunshine patriot

will, in this crisis, shrink from the service of their country; but he that stands it now,deserves the love and thanks of man and woman. Tyranny, like hell, is not easilyconquered; yet we have this consolation with us, that the harder the conflict, the moreglorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness onlythat gives every thing its value. Heaven knows how to put a proper price upon its goods;and it would be strange indeed if so celestial an article as FREEDOM should not behighly rated.” The Ameri can Crisis - By Thomas Paine

Thomas Paine, best known as the author of Common Sense was a patriot of the highestregard whose writing and pamphlets were widely circulated during the early American

Revolution. His words helped to solidify the thoughts of the American people into aconcept of independence. His writing was also the most forthright of the time in statingthe case for independence. What Paine is stating here in The American Crisis is a case forthe ongoing need for patriots. http://www.ushistory.org/paine/crisis/c-01.htm

Patriotism and statesmanship do not begin and end in battle. Not every patriotic act isearned in war. Patriotism begins with understanding and continues with action. In thiscourse you will learn more about the primary branches of government and how eachoperates to the best interest of the people in mind.

It is wrong to see founding fathers or politicians in that light as gods or without fault. At

their best, a politician is a representative of the will of the people. A politician must be a patriot first and foremost. To see them as gods or god-like is to do disservice to thememory of founding fathers. As David McCullough explains, “Gods, after all, don't

deserve a lot of credit because they can do whatever they wish. Those we call theFounders were living men. None was perfect. Each had his human flaws and failings, hisweaknesses. They made mistakes, let others down, let themselves down. Washingtoncould be foolhardy and ill-tempered. Adams could be vain, irritable, Jefferson evasive, attimes duplicitous. And even in their day, many saw stunning hypocrisy in the cause of

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liberty being championed by slave masters.”

It is our responsibility then as patriots to pay with particular attention, the intentions ofour elected officials. With that in mind, let lay out the branches of government so youhave a full understand of what each does and the affect their decisions make on your life.

II. The Branches of GovernmentIn this section we are going to take a closer look at each branch of government, whichmembers are in that branch and what functions of rule they fill.

The Executive BranchThe executive branch consists of the president, vice president and 15 Cabinet-leveldepartments such as State, Defense, Interior, Transportation and Education. The primary power of the executive branch rests with the president, who chooses his vice president,

and his Cabinet members who head the respective departments. A crucial function of theexecutive branch is to ensure that laws are carried out and enforced to facilitate such day-to-day responsibilities of the federal government as collecting taxes, safeguarding thehomeland and representing the United States' political and economic interests around theworld.



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The president is elected every four years, and chooses his vice president as a runningmate. The president is the commander-in-chief of the U.S. Armed Forces and isessentially the leader of the country. As such, he must deliver a State of the Unionaddress to Congress once each year; may recommend legislation to Congress; mayconvene Congress; has the power to appoint ambassadors to other nations; can appointSupreme Court justices and other federal judges; and is expected, with his Cabinet and itsagencies, to carry out and enforce the laws of the United States.

The vice president, who also is a member of the Cabinet, serves as president in the eventthat the president is unable to do so for any reason or if the president steps down. Thevice president also presides over the Senate and can cast a deciding vote in the event of atie.

Fifteen cabinet members are appointed by the president after he is elected to run thegovernment's executive departments; the Senate must approve all appointments.

PresidentThe primary duty of the president of the United States is to make sure that all U.S. lawsare carried out and that the federal government is run effectively. Although the presidentmay not introduce new legislation – that is the duty of Congress - he does hold veto power over all bills that are approved by the legislature. In addition, the president has theweighty role of commander in chief of the armed forces.

As the nation's chief executive, the president oversees foreign policy,making treaties with foreign nations and appointing ambassadors to

other nations and to the United Nations. He also appoints members ofthe Cabinet, as well as Supreme Court justices and federal judges.

Day-To-Day Governance

The president, with Senate approval, appoints a Cabinet, which oversees specific facetsof government. Members of the Cabinet include - but are not limited to - the vice president, the presidential chief of staff, the U.S trade representative, and the heads of allthe major federal departments, such as the secretaries of state, defense, the Treasury and



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the attorney general, who leads the Justice Department. The president, along with hisCabinet, helps set the tone and policy for the entire executive branch and how the laws ofthe United States are enforced.

Legislative Duties

The president is expected to address the full Congress at least once a year to report on theState of the Union. Although the president does not have the power to enact laws, he doeswork with Congress to introduce new legislation and carries a great deal of power, particularly with members of his own party, to lobby for legislation he favors. IfCongress should enact a law that the president opposes, he may veto the legislation before it can become law. Congress may override the presidential veto with a two-thirdsmajority of those in attendance in both the Senate and House of Representatives at thetime the override vote is taken.

Foreign PolicyThe president is authorized to make treaties with foreign nations, pending Senate

approval. He also appoints ambassadors to other countries and to the United Nations,though those, too, require Senate confirmation. The president and his administrationrepresent the interests of the United States abroad; as such, he often meets with,entertains and develops a relationship with other heads of state.

Commander in Chief

The president serves as commander in chief of the nation's armed forces. In addition tohis powers over the military, the president has the authority to deploy those forces at hisdiscretion, with congressional approval. He may also ask Congress to declare war onother nations.

Salary and PerksBeing president is not without its perks. The president earns $400,000 per year and is,traditionally, the highest-paid federal official. He has use of two presidential residences,the White House and Camp David in Maryland; has both an airplane, Air Force One, andhelicopter, Marine One, at his disposal; and has a legion of staff members including a personal chef to assist him in both his professional duties and private life.

Risky JobThe job is certainly not without its risks. The president and his family are given round-the-clock protection by the Secret Service. Abraham Lincoln was the first U.S. presidentto be assassinated; James Garfield, William McKinley and John F. Kennedy were alsoassassinated while in office. Andrew Jackson, Harry Truman, Gerald Ford and RonaldReagan all survived assassination attempts. Presidents continue to receive Secret Service protection after they retire from office.

The President of the United States is commonly referred to as the most powerful personin the free world, but his legislative powers are strictly defined by the Constitution and bya system of checks and balances among the executive, legislative and judicial branches ofthe government.



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Approving LegislationAlthough it is the responsibility of Congress to introduce and pass legislation, it is the president's duty to either approve those bills or reject them. Once the president signs a bill into law, it goes immediately into effect unless there is another effective date noted.Only the Supreme Court may remove the law, by declaring it unconstitutional.

The president may also issue a signing statement at the time he signs a bill. The presidential signing statement may simply explain the purpose of the bill, instruct theresponsible executive branch agencies on how the law should be administered or expressthe president's opinion of the law's constitutionality.

Vetoing LegislationThe president may also veto a specific bill, which Congress can override with a two-thirds majority of the number of members present in both the Senate and the House whenthe override vote is taken. A presidential veto is the rejection of a bill passed by themajority votes of both the House of Representatives and the Senate. While Congress canvote to override a presidential veto, causing the bill to become law without the president's

approval, this is rarely done. More often than not, the threat of presidential veto issufficient motivation for Congress to modify the bill prior to its final passage. This article provides a brief overview of procedures involved in vetoing a bill and the ways Congresscan respond to a presidential veto.

The Veto Process:

When a bill is passed by both the House and Senate, it is sent to the president for hissignature. Amendments to the Constitution, which require a two-thirds vote of approvalin each chamber, are sent directly to the states for ratification. When presented withlegislation passed by both houses of Congress, the president is constitutionally requiredto act on it in one of four ways: sign it into law within the 10-day period prescribed in theConstitution, issue a regular veto, let the bill become law without his signature or issue a"pocket" veto.

Regular vetoWhen Congress is in session, the president may, within the 10-day period, exercise aregular veto by sending the unsigned bill back to the chamber of Congress from which itoriginated along with a veto message stating his reasons for rejecting it. Currently, the president must veto the bill in its entirety. He may not veto individual provisions of the bill while approving others. Rejecting individual provisions of a bill is called a "line-item" veto. In 1996, Congress passed a law granting President Clinton the power to issueline-item vetoes, only to have the Supreme Court declare it unconstitutional in 1998.

Bill becomes law without president's signature

When Congress is not adjourned, and the president fails to either sign or veto a bill sentto him by the end of the 10-day period, it becomes law without his signature.

The pocket veto

When Congress is adjourned, the president can reject a bill by simply refusing to sign it.This action is known as a "pocket veto," coming from the analogy of the president simply



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putting the bill in his pocket and forgetting about it. Unlike a regular veto, Congress hasneither the opportunity or constitutional authority to override a pocket veto.

How Congress responds to a veto When the President returns a bill to the chamber of Congress from which it came, along

with his objections in the form of a veto message, that chamber is constitutionallyrequired to "reconsider" the bill. The Constitution is silent, however, on the meaning of"reconsideration." According to the Congressional Research Service, procedure andtradition govern the treatment of vetoed bills. "On receipt of the vetoed bill, thePresident's veto message is read into the journal of the receiving house. After entering themessage into the journal, the House of Representatives or the Senate complies with theconstitutional requirement to 'reconsider' by laying the measure on the table (essentiallystopping further action on it), referring the bill to committee, postponing consideration toa certain day, or immediately voting on reconsideration (vote on override)."

Overriding a veto

Action by both the House and the Senate is required to override a presidential veto. Atwo-thirds majority vote of the Members present is required to override a presidentialveto. If one house fails to override a veto, the other house does not attempt to override,even if the votes are present to succeed. The House and Senate may attempt to override aveto anytime during the Congress in which the veto is issued. Should both houses ofCongress successfully vote to override a presidential veto, the bill becomes law.According to the Congressional Research service, from 1789 through 2004, only 106 of1,484 regular presidential vetoes were overridden by Congress.

No Congressional Approval Needed

There are two ways that presidents can enact initiatives without congressional approval.Presidents may issue a proclamation, often ceremonial in nature, such as naming a day inhonor of someone or something that has contributed to American society. A presidentmay also issue an executive order, which has the full effect of law and is directed tofederal agencies that are charged with carrying out the order. Examples include FranklinD. Roosevelt's executive order for the internment of Japanese-Americans after the attackon Pearl Harbor, Harry Truman's integration of the armed forces, and DwightEisenhower's order to integrate the nation's schools.

Congress cannot directly vote to override an executive order in the way they can a veto.Instead, Congress must pass a bill canceling or changing the order in a manner they seefit. The president will typically veto that bill, and then Congress can try to override theveto of that second bill. The Supreme Court can also declare an executive order to beunconstitutional. Congressional cancellation of an order is extremely rare.

The President's Legislative AgendaOnce a year, the president is required to provide the full Congress with a State of theUnion address. At this time, the president often lays out his legislative agenda for thenext year, outlining his legislative priorities for both Congress and the nation at large.



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In order to help get his legislative agenda passed by Congress, the president will often aska specific lawmaker to sponsor bills and lobby other members for passage. Members ofthe president's staff, such as the vice president, his chief of staff and other liaisons withCapitol Hill also will lobby representatives to try to garner support for the legislation.

So you want to be president? Forget the nerves of steel, the charisma, the skeleton-freecloset, the fund-raising network, the thick skin and the legions of loyal folks who agreewith your stance on all the issues. Just to get into the game, you have to ask: How old areyou and where were you born?

Only native-born U.S. citizens (or those born abroad, but only to parents who were bothcitizens of the U.S.) may be president of the United States, though from time to time thatrequirement is called into question, most recently after Arnold Schwarzenegger, born inAustria, was elected governor of California, in 2003. The Constitution originally provided a small loophole to this provision: One need not have been born in the UnitedStates but had to be a citizen at the time the Constitution was adopted. But, since that

occurred in 1789, that ship has sailed.

One must also be at least 35 years of age to be president. John F. Kennedy was theyoungest person to be elected president; he was 43 years old when he was inaugurated in1961. There is no maximum age limit set forth in the Constitution. Ronald Reagan wasthe oldest president; at the end of his term in 1988, he was nearly 77.

Finally, one must live in the United States for at least 14 years to be president, in additionto being a natural-born citizen. The Constitution is vague on this point. For example, itdoes not make clear whether those 14 years need to be consecutive or what the precisedefinition of residency is. So far, however, this requirement has not been challenged.

These are the only explicit criteria in the Constitution.

President Pay Effective January 1, 2001, the annual salary of the president of the United States wasincreased to $400,000 per year, including a $50,000 expense allowance. The increase wasapproved as part of the Treasury and General Government Appropriations Act (PublicLaw 106-58), passed in the closing days of the 106th Congress.

Presidential Retirement and MaintenanceUnder the Former Presidents Act, each former president is paid a lifetime, taxable

pension that is equal to the annual rate of basic pay for the head of an executive federaldepartment -- $199,700 in 2011 -- the same annual salary paid to secretaries of theCabinet agencies.

Each former president and vice president may also take advantage of funds allocated byCongress to help facilitate their transition to private life. These funds are used to providesuitable office space, staff compensation, communications services, and printing and postage associated with the transition. As an example, Congress authorized a total of $1.5



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million for the transition expenses of outgoing president George H.W. Bush and VicePresident Dan Quayle.

The Secret Service provides lifetime protection for former presidents who entered office before January 1, 1997, and for their spouses. Surviving spouses of former presidents

receive protection until remarriage. Legislation enacted in 1984 allows former Presidentsor their dependents to decline Secret Service protection.

Former Presidents and their spouses, widows, and minor children are entitled to treatmentin military hospitals. Health care costs are billed to the individual at a rate established bythe Office of Management and Budget (OMB). Former Presidents and their dependentsmay also enroll in private health plans at their own expense.

RetirementPresidential retirement benefits were non-existent until the enactment of the FormerPresidents Act (FPA) in 1958. Since then, presidential retirement benefits have included a

lifetime annual pension, staff and office allowances, travel expenses, Secret Service protection and more.

PensionFormer presidents are offered a taxable lifetime pension equal to the annual rate of basic pay for the heads of executive branch departments, like the Cabinet Secretaries. Thisamount is set annually by Congress and is currently (in 2011) $199,700 per year. The pension starts the minute the president officially leaves office at noon on InaugurationDay. Widows of former presidents are provided with a $20,000 annual lifetime pensionand mailing privileges, unless they choose to waive their right to the pension.

In 1974, the Justice Department ruled that presidents who resign from office before theirofficial terms of office expire are entitled to the same lifetime pension and benefitsextended to other former presidents. However, presidents who are removed from officedue to impeachment forfeit all benefits.

Transition Expenses

For the first seven months, beginning one month before the January 20 inauguration,former presidents get transition funding the help them transition back into private life.Granted under the Presidential Transition Act, the funds can be used for office space,staff compensation, communications services, and printing and postage associated withthe transition. The amount provided is determined by Congress.

Staff and Office Allowances

Six months after a president leaves office, he or she gets funds for an office staff. Duringthe first 30 months after the leaving office, the former president gets a maximum of$150,000 per year for this purpose. Thereafter, the Former Presidents Act stipulates thatthe aggregate rates of staff compensation for a former President cannot exceed $96,000annually. Any additional staff costs must be paid for personally by the former president.



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Former presidents are compensated for office space and office supplies at any location inthe United States. Funds for former presidents' office space and equipment are authorizedannually by Congress as part of the budget for the General Services Administration(GSA).

Travel ExpensesUnder a law enacted in 1968, the GSA makes funds available to former presidents and nomore than two of his or her staff members for travel and related expenses. To becompensated, the travel must be related to the former president's status as an officialrepresentative of the United States government. In other words, travel for pleasure is notcompensated. The GSA determines all appropriate costs for travel.

Medical Expenses

Former Presidents and their spouses, widows, and minor children are entitled to treatmentin military hospitals. Former presidents and their dependants also have the option ofenrolling in private health insurance plans at their own expense.

State FuneralsFormer presidents are traditionally granted state funerals with military honors. Details ofthe funeral are based on the wishes of the former president's family.

The President’s Cabinet The combined secretaries of all 15 departments make up the president's Cabinet. Here aresome question and answers about the Cabinet.

Why "Cabinet?"The term "Cabinet" comes from the Italian word Cabinetto, meaning "a small, private

room." A good place to discuss important business without being interrupted.

Does the Constitution provide for the Cabinet? Not directly. Constitutional authority for the Cabinet comes from Article 2, Section 2,which says that the president "... may require the opinion, in writing, of the principalofficer in each of the executive departments, upon any subject relating to the duties oftheir respective offices." Similarly, the Constitution does not specify which or how manyexecutive departments should be created. Just another indication that the Constitution is aflexible, living document, well capable of governing our country without stifling itsgrowth.

Which president first established a Cabinet?George Washington held the first recorded meeting of a "Cabinet" in 1791.

How are the secretaries chosen?

The secretaries are appointed by the president, but must be approved by a simple majorityvote of the Senate. The only qualification is that a department secretary cannot be amember of Congress or hold any other elected office.



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How much are the secretaries paid?In January 2011, the Cabinet secretaries' annual salary was set at $199,700 per year.

How long do the secretaries serve?Generally, they serve as long as the president who appointed them remains in office.

Executive department secretaries answer only to the president and only the president canfire them. They are expected to resign when a new president takes office, since mostincoming presidents choose to replace them, anyway. Certainly not a stable career, butU.S. Secretary of State 1993-2001, would certainly look good on a resume.

When does the Cabinet meet?There is no official schedule for Cabinet meetings, but presidents generally try to meetwith their Cabinets on a weekly basis. Besides the president and department secretaries,Cabinet meetings are usually attended by the vice president, the U.S. ambassador to theUnited Nations, and other top-level officials as determined by the president.

The Cabinet-level departments are listed here in order of presidential succession.

Department of StateSecretary of State: Secretary John Kerry Web Address: http://www.state.gov/ State is charged with diplomacy; its representatives reflect the United States as part of theworld community.

Department of TreasurySecretary of the Treasury: Secretary Jacob J. Lew Web Address: http://www.ustreas.gov/ Treasury ensures the country's financial and economic stability, manages federal financesand collects taxes.

Department of DefenseSecretary of Defense: Ash Carter Web Address: http://www.defenselink.mil/ The Department of Defense, which includes the U.S. Armed Forces, protects the nation'ssecurity and is headquartered at the Pentagon.

Department of JusticeAttorney General: Loretta E. Lynch Web Address: http://www.usdoj.gov/ Justice, led by the Attorney General, enforces the nation's laws and includes, among otheragencies, the Federal Bureau of Prisons, the Federal Bureau of Investigation (FBI) andthe Drug Enforcement Administration (DEA).

Department of InteriorSecretary of the Interior: Sally Jewell Web Address: http://www.doi.gov/ Interior is dedicated to protecting and nurturing natural resources, national parks andwildlife. Among its agencies are the Fish and Wildlife Service and the Bureau of IndianAffairs.

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Department of Agriculture (USDA)Secretary of Agriculture: Tom Vilsack Web Address: http://www.usda.gov/ The Department of Agriculture, among other functions, ensures that the food Americansconsume is safe and regulates the nation's vast farming infrastructure.

Department of CommerceSecretary of Commerce: Penny Pritzker Web Address: http://www.commerce.gov/ The Department of Commerce helps regulate trade, banking and the economy; among itsagencies are the Census Bureau and the Patent and Trademark Office.

Department of LaborSecretary of Labor: Thomas E. Perez Web Address: http://www.dol.gov/ The Department of Labor enforces labor laws and keeps workers' safety and rights protected.

Department of Health and Human Services (HHS)

Secretary of Health and Human Services: Sylvia Mathews BurwellWeb Address: http://www.os.dhhs.gov/ Health and Human Services helps keep Americans healthy; its agencies include the Foodand Drug Administration, the Centers for Disease Control, National Institutes of Healthand the Administration on Aging.

Department of Housing and Urban Development (HUD)Secretary of Housing and Urban Development: Julian CastroWeb Address: http://www.hud.gov/ Housing and Urban Development promotes affordable home-ownership and ensures thatno one is discriminated against in the pursuit of that goal.

Department of Transportation (DOT)Secretary of Transportation: Anthony Foxx Web Address: http://www.dot.gov/ The Department of Transportation established the Interstate Highway System and keepsthe U.S. transportation infrastructure safe and functioning.

Department of Energy (DOE)Secretary of Energy: Dr. Ernest Moniz Web Address: http://www.doe.gov/ The Department of Energy keeps the U.S. plugged in, regulating utilities, ensuring thesecurity of power supplies and promoting new technology to conserve energy resources.Justice, led by the Attorney General, enforces the nation's laws and includes, among otheragencies, the Federal Bureau of Prisons, the Federal Bureau of Investigation (FBI) andthe Drug Enforcement Administration (DEA).

Department of EducationSecretary of Education: Arne Duncan Web Address: http://www.ed.gov/ The Department of Education is responsible for ensuring equal access to a qualityeducation for all.

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Department of Veterans Affairs (VA)Secretary of Veterans' Affairs: Robert A McDonald Web Address: http://www.va.gov/ Veterans Affairs provides medical care for wounded or ill veterans and administersveterans' benefits.

Department of Homeland SecuritySecretary of Homeland Security: Jeh C. JohnsonWeb Address: http://www.dhs.gov/dhspublic/ The Department of Homeland Security, established in the wake of the 9/11 attacks, ischarged with preventing terrorist attacks in the U.S. and helping to fight the war on terrorand includes the Immigration and Naturalization Service.

The Electoral CollegeEvery fourth November, after almost two years of campaign hype and money, over 90million Americans vote for the presidential candidates. Then, in the middle of December,the president and vice president of the United States are really elected by the votes of

only 538 citizens -- the "electors" of the Electoral College.

How the Electoral College Elects the

PresidentWhen you vote for a presidentialcandidate you are really voting toinstruct the electors from your state tocast their votes for the same candidate.For example, if you vote for theRepublican candidate, you are reallyvoting for an elector who will be

"pledged" to vote for the Republicancandidate. The candidate who wins the popular vote in a state wins all the pledged votes of the state's electors.

The Electoral College system was established in Article II of the Constitution andamended by the 12th Amendment in 1804.

Each state gets a number of electors equal to its number of members in the U.S. House ofRepresentatives plus one for each of its two U.S. Senators. The District of Columbia getsthree electors. While state laws determine how electors are chosen, they are generally

selected by the political party committees within the states.

Each elector gets one vote. Thus, a state with eight electors would cast eight votes. Thereare currently 538 electors and the votes of a majority of them -- 270 votes -- are requiredto be elected. Since Electoral College representation is based on congressionalrepresentation, states with larger populations get more Electoral College votes.

Should none of the candidates win 270 electoral votes, the 12th Amendment kicks in and

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the election is decided by the House of Representatives. The combined representatives ofeach state get one vote and a simple majority of states is required to win. This has onlyhappened twice. Presidents Thomas Jefferson in 1801 and John Quincy Adams in 1825were elected by the House of Representatives.

While the state electors are "pledged" to vote for the candidate of the party that chosethem, nothing in the Constitution requires them to do so. In rare instances, an elector willdefect and not vote for his or her party's candidate. Such "faithless" votes rarely changethe outcome of the election and laws of some states prohibit electors from casting them.

So we will all go vote on Tuesday, and before the sun sets in California at least one of theTV networks will have declared a winner. By midnight, one of the candidates will have probably claimed victory and some will have conceded defeat. But not until the firstMonday after the second Wednesday in December, when the electors of the ElectoralCollege meet in their state capitals and cast their votes will we really have a new president and vice president elect.

Why the delay between the general election and the Electoral College meetings? Back inthe 1800s, it simply took that long to count the popular votes and for all the electors totravel to the state capitals. Today, the time is more likely to be used for settling any protests due to election code violations and for vote recounts.

Isn't There a Problem Here?

Critics of the Electoral College system, of which there are more than a few, point out thatthe system allows the possibility of a candidate actually losing the nationwide popularvote, but being elected president by the electoral vote. Can that happen? Yes, and it has.

A look at the Electoral Votes From Each State and a little math will tell you that theElectoral College system makes it possible for a candidate to actually lose the nationwide popular vote, but be elected president by the Electoral College.

In fact, it is possible for a candidate to not get a single person's vote -- not one -- in 39states or the District of Columbia, yet be elected president by wining the popular vote in just 11 of these 12 states:

o Californiao

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o Georgiao Virginia

There are 538 total votes in the Electoral College and a presidential candidate must win amajority -- 270 -- electoral votes to be elected. Since 11 of the 12 states in the chart above

account for exactly 270 votes, a candidate could win these states, lose the other 39, andstill be elected.

Of course, a candidate popular enough to win California or New York will almostcertainly win some smaller states, as well. But, when you play with popularity andnumbers, anything can happen. And has.

Has it Ever Happened?

Has a presidential candidate ever lost the nationwide popular vote but been elected president in the Electoral College? Yes, three times:

In 1876 there were a total of 369 electoral votes available with 185 needed to win.Republican Rutherford B. Hayes, with 4,036,298 popular votes won 185 electoralvotes. His main opponent, Democrat Samuel J. Tilden, won the popular vote with4,300,590 votes, but won only 184 electoral votes. Hayes was elected president.

In 1888 there were a total of 401 electoral votes available with 201 needed to win.Republican Benjamin Harrison, with 5,439,853 popular votes won 233 electoralvotes. His main opponent, Democrat Grover Cleveland, won the popular vote with5,540,309 votes, but won only 168 electoral votes. Harrison was elected president.

In 2000 there were a total of 538 electoral votes available with 270 needed to win.Republican George W. Bush, with 50,456,002 popular votes won 271 electoral votes.His Democratic opponent, Al Gore, won the popular vote with 50,999,897 votes, butwon only 266 electoral votes. Bush was elected president.

Most voters would be unhappy to see their candidate win the most votes but lose theelection. Why would the Founding Fathers create a constitutional process that wouldallow this to happen?

The Framers of the Constitution wanted to make sure the people were given direct inputin choosing their leaders and saw two ways to accomplish this:

1. The people of the entire nation would vote for and elect the president and vice president based on popular votes alone. A direct popular election.

2. The people of each state would elect their members of the US Congress by direct popular election. The members of Congress would then express the wishes of the people by electing the president and vice president themselves. An election byCongress.

The Founding Fathers feared the direct popular election option. There were no organizednational political parties yet, no structure by which to choose and limit the number ofcandidates. In addition, travel and communication was slow and difficult at that time. A



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very good candidate could be popular regionally, but remain unknown to the rest of thecountry. A large number of regionally popular candidates would thus divide the vote andnot indicate the wishes of the nation as a whole.

On the other hand, election by Congress would require the members to both accurately

assess the desires of the people of their states and to actually vote accordingly. This couldhave led to elections that better reflected the opinions and political agendas of themembers of Congress than the actual will of the people.

As a compromise, we have the Electoral College system.

Considering that only three times in our history has a candidate lost the popular nationalvote but been elected by electoral vote, and that in both cases the popular vote wasextremely close, the system has worked pretty well.

Yet, the Founding Fathers' concerns with direct popular elections have mostly vanished.

The national political parties have been around for years. Travel and communications areno longer problems. We all have access to every word spoken by every candidate everyday.

Electoral College Summary Votes cast by the people of the United States -- known as the"popular vote" -- are used to choose the president and vice president "indirectly" throughthe Electoral College. Popular votes cast in the presidential election are actually beingcast for a number of electors. Each state gets a number of electors equal to the state'snumber of representatives in the House and Senate. There are a total of 538 electors. Thecandidate winning the most popular votes in a state gets all of that states electoral votes.The first candidate to win 270 or more electoral votes is elected.

III. The Legislative BranchThe legislative branch consists of the Senate and the House of Representatives,collectively known as the Congress. There are 100 senators; each state has two. Eachstate has a different number of representatives, with the number determined by the state's population. At present, there are 435 members of the House. The legislative branch, as awhole, is charged with passing the nation's laws andallocating funds for the running of the federalgovernment and providing assistance to the 50 U.S.states.

Every society needs laws. In the United States, the power to make laws is given to Congress, whichrepresents the legislative branch of government.

The Source of LawsThe legislative branch is one of three branches of the U.S. government -- the executiveand judicial are the other two -- and it is the one charged with creating the laws that holdour society together. Article I of the Constitution established Congress, the collective



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legislative body made up of the Senate and the House.

The primary function of these two bodies is to write, debate and pass bills and to sendthem on to the president for his approval or veto. If the president gives his approval to a bill, it immediately becomes law. However, if the president vetoes the bill, Congress is

not without recourse. With a two-thirds majority in both houses, Congress may overridethe presidential veto.

Congress may also rewrite a bill in order to win presidential approval; vetoed legislationis sent back to the chamber where it originated for reworking. Conversely, if a presidentreceives a bill and does nothing within 10 days while Congress is in session, the billautomatically becomes law.

Investigative DutiesCongress can also investigate pressing national issues and it is charged with supervisingand providing a balance for the executive and judicial branches as well. It has the

authority to declare war; in addition, it has the power to coin money and is charged withregulating interstate and foreign commerce and trade. Congress also is responsible formaintaining the military, though the president serves as its commander in chief.

Why Two Houses of Congress?In order to balance the concerns of smaller but more populated states against those oflarger but more sparsely populated ones, the framers of the Constitution formed twodisparate chambers. The Senate has 100 members, with each state allowed tworepresentatives, regardless of size or population. The House of Representatives currentlyhas 435 members, with each state's representation dependent upon its population. Eachmember of the House represents a specific geographic district within the state, whilesenators represent their whole state.

The Powers of Congress

So what are all those senators and representatives doing on Capitol Hill, anyway? TheCongress has specific powers spelled out in the Constitution, none more important thanits duty to make laws.

Article I of the Constitution sets forth the powers of Congress in specific language.Section 8 states, "Congress shall have Power … To make all Laws which shall be

necessary and proper for carrying into Execution the foregoing Powers, and all otherPowers vested by this Constitution in the Government of the United States, or in anyDepartment or Officer thereof."

Laws are not simply conjured out of thin air, of course. Any senator or congressman mayintroduce a bill, after which it is referred to the appropriate legislative committee forhearings. The committee, in turn, debates the measure, possibly offering amendments,then voting on it. If approved, the bill heads back to the chamber from which it came,where the full body will vote on it. Assuming lawmakers approve the measure, it will besent to the other chamber for a vote.



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Once the measure clears Congress, it is ready for the president. If both bodies haveapproved legislation that differs, it must be resolved in a joint congressional committee before being voted on again by both chambers. The legislation then goes to the WhiteHouse, where the president may either sign it into law or veto it. Congress, in turn, has

the power to override a presidential veto with a two-thirds majority in both chambers.

In addition, Congress has the power to amend the Constitution, though this is a long andarduous process. Both chambers must approve the proposed constitutional amendment bytwo-thirds majority, after which the measure is sent to the states. The amendment mustthen be approved by three-quarters of state legislatures.

Congress also has financial powers. In addition to the power to coin money, Congress ischarged with assessing and collecting taxes. It also regulates commerce, both among thestates and with foreign nations.

The power to raise and maintain armed forces is the responsibility of Congress, and it hasthe power to declare war. The Senate, but not the House of Representatives, has the power to approve treaties with foreign governments, as well.

Congress keeps the mail moving by establishing post offices and the infrastructure tokeep them going. It also appropriates funds for the judicial branch. Congress canestablish other agencies to keep the country running smoothly as well. Bodies such as theGovernment Accountability Office and the National Mediation Board ensure that themonetary appropriations and the laws that Congress passes are applied properly.Congress can also investigate pressing national issues, famously holding hearings in the1970s to investigate the Watergate burglary that ultimately ended the presidency ofRichard Nixon, and it is charged with supervising and providing a balance for theexecutive and judicial branches.

Each house has some exclusive duties as well. The House can initiate laws that require people to pay taxes and can decide whether publicofficials should be tried if accused of a crime.Representatives are elected to two-year terms, and theSpeaker of the House is second in line to succeed the president after the vice president. The Senate isresponsible for confirming presidential appointments ofCabinet members, federal judges and foreignambassadors. The Senate also tries any federal officialaccused of a crime, once the House determines that atrial is in order. Senators are elected to six-year terms;the vice president presides over the Senate and has the right to cast the deciding vote inthe event of a tie.

Sessions of CongressCongress is charged with drafting, debating and sending bills to the president to be signed



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into law. But how do the nation's 100 senators and 435 representatives from 50 statesmanage their legislative business?

The Constitution mandates that Congress convene at least once a year. Each Congressusually has two sessions, since members of the House of Representatives serve two-year

terms. The congressional calendar refers to measures that are eligible for consideration onthe floor of Congress, although eligibility doesn't necessarily mean that a measure will bedebated. The congressional schedule, meanwhile, keeps track of measures that Congressintends to discuss on a particular day.

Types of SessionsThere are different types of sessions, during which either one or both chambers ofCongress meet. The Constitution requires a quorum, or majority, to be present in orderfor the chambers to conduct business.

Regular sessions are when the House and Senate are in normal operation during the

course of the year.

Closed sessions of the House or Senate are just that; only legislators are present todiscuss the weightiest of matters, including impeachment of the president, nationalsecurity concerns and other sensitive information.

Joint sessions of Congress - with both houses present - occur when the president gives hisState of the Union address or otherwise appears before Congress. They are also held toconduct formal business or to count electoral college votes in a presidential election.

"Lame duck" sessions occur after the November elections and before the Januaryinauguration, when some representatives are set to leave office, whether by choice orafter failing to win re-election.

Special sessions of Congress may be called in extraordinary circumstances. For example,a special session of Congress was called on March 20, 2005, to intervene in the case ofTerri Schiavo, a woman in a persistent vegetative state whose family and husband were atodds over whether to disconnect her feeding tube.

Duration of a Congress

Each Congress lasts two years and is comprised of two sessions. The dates of Congress'sessions have changed over the years, but since 1934, the first session convenes on Jan. 3of odd-numbered years and adjourns on Jan. 3 of the following year, while the secondsession runs from Jan. 3 to Jan. 2 of even-numbered years. Of course, everyone needs avacation, and Congress' vacation traditionally comes in August, when representativesadjourn for month-long summer break. Congress also adjourns for national holidays.

Types of Adjournments

There are four types of adjournments. The most common form of adjournment ends theday, following a motion to do so. Adjournments for three days or less also require the



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adoption of a motion to adjourn. These are limited to each chamber; the House mayadjourn while the Senate remains in session or vice-versa. Adjournments for a periodlonger than three days require the consent of the other chamber and the adoption of aconcurrent resolution in both bodies. Finally, legislators may adjourn "sine die" to end asession of Congress, which requires the consent of both chambers and follows the

adoption of a concurrent resolution in both chambers.

The House of RepresentativesThe United States is a large, fractured, diverse and yet still unified nation, and fewgovernment bodies reflect the paradox that is this country better than the House ofRepresentatives.

Metrics of the HouseThe House is the lower of the two legislative bodies in the U.S. government. It has 435members, with the number of representatives per state dependent upon that state's population. House members serve two-year terms. Rather than represent their entire state,

as Senate members do, they represent a specific district. This tends to give Housemembers a closer link to their constituents-and more accountability, since they have buttwo years to satisfy voters before having to run for re-election.

Alaska, North Dakota, South Dakota, Montana and Wyoming, all sprawling but sparsely populated states, have just one representative each in the House; tiny states like Delawareand Vermont also send just one representative to the House. By contrast, California sends53 representatives; Texas sends 32; New York sends 29; and Florida sends 25representatives to Capitol Hill. The number of representatives each state is allotted isdetermined every 10 years in accordance with the federal census. Although the numberhas changed periodically through the years, the House has remained at 435 members

since 1913, with shifts in representation occurring among different states.

The Powers of the HouseWhile the Senate's more exclusive membership may make it seem the more powerful ofthe two chambers of Congress, the House is charged with a vital task: the power to raiserevenue through taxes.

The House of Representatives also has the power of impeachment, in which a sitting president, vice president or other civil official such as a judge may be removed for "highcrimes and misdemeanors," as enumerated in the Constitution. The House is solelyresponsible for calling for impeachment. Once it decides to do so, the Senate tries that

official to determine whether he or she should be convicted, which means automaticremoval from office.

Leading the HouseHouse leadership rests with the speaker of the house, usually a senior member of themajority party. The speaker applies House rules and refers bills to specific Housecommittees for review. The speaker is also third in line to the presidency, after the vice president.



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Other leadership positions include the majority and minority leaders who monitorlegislative activity on the floor, and the majority and minority whips who ensure thatHouse members vote according to their respective parties' positions.

The House Committee SystemThe House is divided into committees in order to tackle the complex and various matterson which it legislates. House committees study bills and hold public hearings, gatheringexpert testimony and listening to voters. If a committee approves a bill, it then puts it before the entire House for debate.

House committees have changed and evolved over time. Current committees includethose on:

Agriculture Appropriations

Armed services

The budget, education and labor Energy and commerce Financial services

Foreign affairs Homeland security House administration Judiciary Natural resources Oversight and government reform Rules Science and technology

Small business Standards of official conduct Transportation and infrastructure Veterans' affairs Ways and means.

In addition, House members may serve on joint committees with Senate members.

The "Raucous" ChamberGiven the shorter terms of House members, their relative proximity to their constituentsand their larger numbers, the House is generally the more fractious and partisan of thetwo chambers. Its proceedings and deliberations, like those of the Senate, are recorded inthe Congressional Record, ensuring transparency in the legislative process.

Requirements to be a Representative

The House of Representatives is the lower chamber of Congress, and it currently counts435 men and women among its members. House members are popularly elected byconstituents in their home states; they do not represent the entire state, but rather specific



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geographic districts within the state. House members serve two-year terms, but what doesit take to be a representative in the first place, besides money, legions of loyalconstituents, charisma and the stamina to make it through a campaign?

According to Article I, Section 2 of the Constitution, House members must be:

At least 25 years of age. A citizen of the United States for at least seven years prior to election. A resident of the state he or she is chosen to represent. No other requirements are specified in Article I, Section 2 of the Constitution.

The US SenateThe U.S. Senate is the upper legislative chamber in thefederal government. It is also the more powerful body,with just 100 members. Each state is granted twosenators who represent the entire state; senators servesix-year terms and are popularly elected by their

constituents.

Leading the Senate

The vice president of the United States presides overthe Senate and casts the deciding vote in the event of atie. The Senate leadership also includes president pro tempore who presides in theabsence of the vice president, a majority leader who appoints members to lead and serveon various committees, and a minority leader. Both parties — majority and minority —

also have a whip who helps marshal senators’ votes along party lines.

The Powers of the Senate

The Senate's power derives from more than just its relatively exclusive membership; italso is granted specific powers in the Constitution. In addition to the many powersgranted jointly to both houses of Congress, the Constitution enumerates the role of theupper body specifically in Article I, Section 3.

While the House of Representatives has the power to recommend impeachment of asitting president, vice president or other civic official such as a judge for "high crimesand misdemeanors," as written in the Constitution, the Senate is the sole jury onceimpeachment goes to trial. With a two-thirds majority, the Senate may thus remove anofficial from office. Two presidents, Andrew Johnson and Bill Clinton, have been tried; both were acquitted.

The President of the United States has the power to negotiate treaties and agreementswith other nations, but the Senate must ratify them by a two-thirds vote in order to takeeffect. This is not the only way the Senate balances the power of the president. All presidential appointees, including Cabinet members, judicial appointees and ambassadorsmust be confirmed by the Senate, which can call any nominees to testify before it.

The Senate also investigates matters of national interest. There have been special



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investigations of matters ranging from the Vietnam War to organized crime to theWatergate break-in and subsequent cover-up.

The More "Deliberate" ChamberThe Senate is commonly the more deliberative of the two chambers of Congress;

theoretically, a debate on the floor may go on indefinitely, and some seem to. Senatorsmay filibuster, or delay further action by the body, by debating it at length; the only wayto end a filibuster is through a motion of cloture, which requires the vote of 60 senators.

The Senate Committee SystemThe Senate, like the House of Representatives, sends bills to committees before bringingthem before the full chamber; it also has committees which perform specific non-legislative functions as well. The Senate's committees include:

Agriculture, nutrition and forestry Appropriations

Armed services

Banking, housing and urban affairs Budget Commerce, science and transportation

Energy and natural resources Environment and public works Finance Foreign relations Health, education, labor and pensions Homeland security and governmental affairs Judiciary Rules and administration

Small business and entrepreneurship Veterans' affairs

There are also special committees on aging, ethics, intelligence and Indian affairs; and joint committees with the House of Representatives.

Requirements to be a SenatorThe Senate is the United States' higher legislative chamber (the House of Representatives being the lower chamber), containing 100 members. If you have dreams of becoming oneof the two senators who represent each state for six-year terms, you might want to checkthe Constitution first. The guiding document for our government specifically spells outthe requirements to be a senator. Individuals must be: At least 30 years old.

A U.S. citizen for at least nine years at the time of election to the Senate. A resident of the state one is elected to represent in the Senate.

These are the only requirements for the office that are specified in Article I, Section 3 ofthe Constitution.



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Congress SalariesU.S. Congress salaries and benefits have been the source of taxpayer unhappiness andmyths over the years. Here are some facts for your consideration.

Rank-and-File Members:The current salary (2011) for rank-and-file members of the House and Senate is $174,000 per year. Members are free to turn down pay increase and some choose to do so.In a complex system of calculations, administered by the U.S. Office of PersonnelManagement, congressional pay rates also affect the salaries for federal judges and othersenior government executives.

During the Constitutional Convention, Benjamin Franklin considered proposing thatelected government officials not be paid for their service. Other Founding Fathers,however, decided otherwise. From 1789 to 1855, members of Congress received only a per diem (daily payment) of $6.00 while in session, except for a period from December

1815 to March 1817, when they received $1,500 a year. Members began receiving anannual salary in 1855, when they were paid $3,000 per year.

Congress: Leadership Members' Salary (2011)Leaders of the House and Senate are paid a higher salary than rank-and-file members.

Senate LeadershipMajority Party Leader - $193,400Minority Party Leader - $193,400

House Leadership

Speaker of the House - $223,500Majority Leader - $193,400Minority Leader - $193,400

A cost-of-living-adjustment (COLA) increase takes effect annually unless Congress votesto not accept it.

Benefits Paid to Members of Congress You may have read that Members of Congress do not pay into Social Security. Well, thatis a myth. Prior to 1984, neither Members of Congress nor any other federal civil serviceemployee paid Social Security taxes. Of course, they were also not eligible to receive

Social Security benefits. Members of Congress and other federal employees were insteadcovered by a separate pension plan called the Civil Service Retirement System (CSRS).The 1983 amendments to the Social Security Act required federal employees first hiredafter 1983 to participate in Social Security. These amendments also required all Membersof Congress to participate in Social Security as of January 1, 1984, regardless of whenthey first entered Congress. Because the CSRS was not designed to coordinate withSocial Security, Congress directed the development of a new retirement plan for federalworkers. The result was the Federal Employees' Retirement System Act of 1986.



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Members of Congress receive retirement and health benefits under the same plansavailable to other federal employees. They become vested after five years of full participation.

Members elected since 1984 are covered by the Federal Employees' Retirement System

(FERS). Those elected prior to 1984 were covered by the Civil Service RetirementSystem (CSRS). In 1984 all members were given the option of remaining with CSRS orswitching to FERS.

As it is for all other federal employees, congressional retirement is funded through taxesand the participants' contributions. Members of Congress under FERS contribute 1.3 percent of their salary into the FERS retirement plan and pay 6.2 percent of their salary inSocial Security taxes.

Members of Congress are not eligible for a pension until they reach the age of 50, butonly if they've completed 20 years of service. Members are eligible at any age after

completing 25 years of service or after they reach the age of 62. Please also note thatMembers of Congress have to serve at least 5 years to even receive a pension.

The amount of a congressperson's pension depends on the years of service and theaverage of the highest 3 years of his or her salary. By law, the starting amount of aMember's retirement annuity may not exceed 80% of his or her final salary.

According to the Congressional Research Service, 413 retired Members of Congress werereceiving federal pensions based fully or in part on their congressional service as of Oct.1, 2006. Of this number, 290 had retired under CSRS and were receiving an averageannual pension of $60,972. A total of 123 Members had retired with service under bothCSRS and FERS or with service under FERS only. Their average annual pension was$35,952 in 2006.

The United States CodeThe United States Code is the official compilation of all general and permanent federallaws enacted by the U.S. Congress through the legislative process. The laws compiledinto the United States Code should not be confused with federal regulations, which arecreated by the various federal agencies to enforce the laws enacted by Congress.

The United States Code is arranged under headings called "titles," with each titlecontaining laws pertaining to particular subjects such as "The Congress," "The

President," "Banks and Banking" and "Commerce and Trade." The current (Spring 2011)United States Code is made up of 51 titles, ranging from "Title 1: General Provisions," tothe most-recently added, "Title 51: National and Commercial Space Programs." Federalcrimes and legal procedures are covered under "Title 18 - Crimes and CriminalProcedure" of the United States Code.

Background: In the United States, laws can be enacted by the federal government, as wellas all local, county and state governments. All laws enacted by all levels of government



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must be written, enacted and enforced according to the rights, freedoms andresponsibilities contained in the U.S. Constitution.

Compiling the United States Code As the final step of the U.S. federal legislative process, once a bill has been passed by

both the House and Senate, it becomes an "enrolled bill" and is sent to the President ofthe United States who may either sign it into law or veto it. Once laws have been enacted,they are incorporated into the United States Code as follows: The official text of new laws is sent to the Office of the Federal Register (OFR) - a

division of the National Archives and Records Administration (NARA). The OFR confirms that the official text of the laws is accurate and authorizes the

Government Printing Office (GPO) to distribute the text as "Public and PrivateLaws," also called "slip laws."

Volumes of enacted laws are assembled annually by the National Archivist and

published by the GPO in a form called the "United States Statutes at Large." In theStatutes at Large, the laws have not been arranged by subject matter and do not

include amendments that might have been made to earlier laws. However, every law, public and private, ever enacted by the Congress is published in the Statutes at Largein order of the date of its passage.

Since the Statutes at Large are not organized by subject matter, or dependably updatedwhen laws are repealed or amended, they are extremely hard to search and are of littleuse to researchers. To the rescue comes the United States Code, maintained by the Officeof the Law Revision Counsel (LRC) of the U.S. House of Representatives. The LRCtakes the laws or "statutes" added to the Statutes at Large and determines which ones arenew and which existing laws have been amended, repealed or have expired. The LRCthen incorporates the new laws and changes into the United States Code.

The Supermajority VoteIn a nation where we like to say that the "majority rules," having a "supermajority" must be even better. Most of the time, if I get one more vote than you - a simple majority -- Iwin. But sometimes, one more vote just is not enough. For those times, there is thesupermajority vote.

What is a Supermajority Vote? Simply stated, a "supermajority" vote is a vote that must exceed the number of votescomprising a "simple majority." For example, a simple majority in the 100-memberSenate is 51 votes; while a 2/3 supermajority requires 67 votes. In the 435-memberHouse of Representatives, a simple majority is 218 votes; while a 2/3 supermajority

requires 290 votes.

When is a Supermajority Vote Required?By far most measures considered by the U.S. Congress as part of the legislative processrequire only a simple majority vote for passage. However, some actions, like impeaching presidents or amending the Constitution, are considered so important that they require asupermajority vote.



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Measures or Actions Requiring a Supermajority Vote: Impeaching: In cases of impeachment of federal officials, the House of

Representatives must pass articles of impeachment by a simple majority vote. TheSenate then holds a trial to consider the articles of impeachment passed by the House.Actually convicting an individual requires a 2/3 supermajority vote of the members

present in the Senate. (Article 1, Section 3) Expelling a Member of Congress: Expelling a member of Congress requires a 2/3

supermajority vote in either the House or Senate. (Article 1, Section 5) Overriding a Veto: Overriding a presidential veto of a bill requires a 2/3

supermajority vote in both the House and Senate. (Article 1, Section 7) Suspending the Rules: Temporarily suspending the rules of debate and voting in the

House and Senate requires a 2/3 supermajority vote of the members present. (Houseand Senate rules)

Ending a Filibuster: In the Senate only, passing a motion to invoke "cloture," ending

extended debate or a "filibuster" on a measure requires a 3/5 supermajority vote - 60votes. (Rules of the Senate) Note: Rules of debate in the House of Representatives

preclude the possibility of a filibuster.

Amending the Constitution: Congressional approval of a Joint Resolution proposingan amendment to the U.S. Constitution requires a 2/3 majority of those members present and voting in both House and Senate. (Article 5)

Calling a Constitutional Convention: As a second method of amending theConstitution, the legislatures of 2/3 of the states (33 states) can vote to request that theU.S. Congress convenes a constitutional convention. (Article 5)

Ratifying an Amendment: Ratification of an amendment to the Constitution requires

the approval of 3/4 (38) of the state legislatures. (Article 5) Ratifying a Treaty: Ratifying treaties requires a 2/3 supermajority vote of the Senate.

(Article 2, Section 2) Postponing a Treaty: The Senate may pass a motion to indefinitely postpone its

consideration of a treaty by a 2/3 supermajority vote. (Senate rules) Repatriating Rebels: An outgrowth of the Civil War, the 14th Amendment gives

Congress the power to allow former rebels to hold office in the U.S. government.Doing so requires a 2/3 supermajority of both the House and Senate. (14thAmendment, Section 3)

Removing a President from Office: Under the 25th Amendment, Congress can vote to

remove the President of the United States from office if the vice president and thePresident's Cabinet declare the president unable to serve and the president conteststhe removal. The removal of the president from office under the 25th Amendmentrequires a 2/3 supermajority vote of both the House and Senate. (25th Amendment,Section 4) Note: The 25th Amendment is an effort to clarify the process of presidential succession.

'On-the-Fly' Supermajority VotesThe parliamentary rules of both the Senate and House of Representatives provide means by which a supermajority vote can be required for the passage of certain measures. Thesespecial rules requiring supermajority votes are most often applied to legislation dealingwith the federal budget or taxation. The House and Senate draw authority for requiring



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supermajority votes from Article 1, Section 5 of the Constitution, which states, "Eachchamber may determine the Rules of Its Proceedings."

Supermajority Votes and the Founding FathersIn general, the Founding Fathers favored requiring a simple majority vote in legislative

decision making. Most of them, for example, objected to the Articles of Confederation'srequirement for a supermajority vote in deciding such questions as coining money,appropriating funds, and determining the size of the army and navy.

However, the framers of the Constitution also recognized the need for supermajorityvotes in some cases. In Federalist No. 58, James Madison noted that supermajority votescould serve as a "shield to some particular interests, and another obstacle generally tohasty and partial measures." Hamilton, too, in Federalist No. 73 highlighted the benefitsof requiring a supermajority of each chamber to override a presidential veto. "Itestablishes a salutary check upon the legislative body," he wrote, "calculated to guard thecommunity against the effects of faction, precipitancy, or of any impulse unfriendly to

the public good, which may happen to influence a majority of that body."

Congressional Committee SystemWhere do things get done in Congress? Usually in committee. Each chamber of Congresshas committees set up to perform specific functions, enabling the legislative bodies toaccomplish their often complex work more quickly with smaller groups.

There are approximately 250 congressional committees and subcommittees, each chargedwith different functions and all made up of members of Congress. Each chamber has itsown committees, although there are joint committees comprising members of bothchambers. Each committee, going by chamber guidelines, adopts its own set of rules,

giving each panel its own special character.

These standing committees are permanent legislative panels, and their varioussubcommittees handle the nuts-and-bolts work of the full committee. The Senate also hasfour select committees charged with more specific tasks: Indian affairs, ethics,intelligence and aging. These handle housekeeping-type functions, such as keepingCongress honest or ensuring the fair treatment of American Indians. Committees arechaired by a member of the majority party, often a senior member of Congress. Partiesassign their members to specific committees. In the Senate, there is a limit to the numberof committees on which one member may serve. While each committee may hire its ownstaff and appropriate resources as it sees fit, the majority party often controls those

decisions.

The House of Representatives has several of the same committees as the Senate:

Agriculture Appropriations Armed services Budget



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Education and labor Foreign affairs Homeland security Energy and commerce Judiciary

Natural resources Science and technology Small business Veterans affairs

Committees unique to the House include House administration, oversight andgovernment reform, rules, standards of official conduct, transportation and infrastructure,and ways and means. This last committee is considered the most influential and sought-after House committee, so powerful that members of this panel cannot serve on any othercommittees without a special waiver. The panel has jurisdiction over taxation, amongother things. There are four joint House/Senate committees. Their areas of interest are:

printing, taxation, the Library of Congress, and the U.S. economy.

Most congressional committees deal with passing laws. During each two-year session ofCongress, literally thousands of bills are proposed, but only a small percentage isconsidered for passage. A bill that is favored often goes through four steps in committee.First, executive agencies give written comments on the measure; second, the committeeholds hearings in which witnesses testify and answer questions; third, the committeetweaks the measure, sometimes with input from non-committee members of Congress;finally, when the language is agreed upon the measure is sent to the full chamber fordebate. Conference committees, usually composed of standing committee members fromthe House and Senate who originally considered the legislation, also help reconcile onechamber's version of a bill with the other's.

Not all committees are legislative. Others confirm government appointees such as federal judges; investigate government officials or pressing national issues; or ensure thatspecific government functions are carried out, like printing government documents oradministering the Library of Congress.

The Importance of a House and SenateWhy do we have two chambers in Congress, the House and Senate? Since members of both are elected by, and represent the people, wouldn't the lawmaking process be moreefficient if bills were considered by only one body?

While it may appear clumsy and often overly time-consuming, the two-chamber or"bicameral" setup of Congress works today exactly the way a majority of the FoundingFathers envisioned in 1787. Clearly expressed in the Constitution is the Founders' beliefthat power should be shared among all units of government. Dividing Congress into twochambers, with the positive vote of both required to approve legislation, is a naturalextension of the Founders' concept of employing "checks and balances" to preventtyranny. The Founding Fathers explain the formation of Congress to the people in the



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Federalist Papers 52-66.

Why are the House and Senate so Different?Have you ever noticed that major bills are often debated and voted on by the House in asingle day, while the Senate's deliberations on the same bill take weeks? Again, this

reflects the Founding Fathers' intent that the House and Senate not be carbon-copies ofeach other. By designing differences into the House and Senate, the Founders assuredthat all legislation would be carefully considered, taking both the short and long-termeffects into account. Why are the differences important? The Founders intended that theHouse be seen as more closely representing the will of the people than the Senate.

To this end, they provided that members of the House - U.S. Representatives - be elected by and represent limited groups of citizens living in small geographically defined districtswithin each state. Senators, on the other hand, are elected by and represent all voters oftheir state. When the House considers a bill, individual members tend to base their votes primarily on how the bill might impact the people of their local district, while Senators

tend to consider how the bill would impact the nation as a whole. This is just as theFounders intended.

All members of the House are up for election every two years. In effect, they are alwaysrunning for election. This insures that members will maintain close personal contact withtheir local constituents, thus remaining constantly aware of their opinions and needs, and better able to act as their advocates in Washington. Elected for six-year terms, Senatorsremain somewhat more insulated from the people, thus less likely to be tempted to voteaccording to the short-term passions of public opinion.

By setting the constitutionally-required minimum age for Senators at 30, as opposed to 25for members of the House, the Founders hoped Senators would be more likely to considerthe long-term effects of legislation and practice a more mature, thoughtful and deeplydeliberative approach in their deliberations. Setting aside the validity of this "maturity"factor, the Senate undeniably does take longer to consider bills, often brings up points notconsidered by the House and just as often votes down bills passed easily by the House.

A famous (though perhaps fictional) simile often quoted to point out the differences between the House and Senate involves an argument between George Washington, whofavored having two chambers of Congress and Thomas Jefferson, who believed a secondchamber to be unnecessary. The story goes that the two Founders were arguing the issuewhile drinking coffee. Suddenly, Washington asked Jefferson, "Why did you pour thatcoffee into your saucer?" "To cool it," replied Jefferson. "Even so," said Washington, "we pour legislation into the senatorial saucer to cool it."

The Great Compromise of 1787Perhaps the greatest debate undertaken by thedelegates to the Constitutional Convention in 1787centered on how many representatives each stateshould have in the new government's lawmaking



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branch, the U.S. Congress. As is often the case in government and politics, resolving agreat debate, required a Great Compromise.

Early in the Constitutional Convention, delegates envisioned a Congress consisting ofonly a single chamber with a certain number of representatives from each state. The

burning question was, how many representatives from each state? Delegates from thelarger, more populous states favored the Virginia Plan, which called for each state to havea different number of representatives based on the state’s population. Delegates from

smaller states supported the New Jersey plan, under which each state would send thesame number of representatives to Congress.

Connecticut delegate Roger Sherman is credited with proposing the alternative of a"bicameral," or two-chambered Congress, made up of a Senate and a House ofRepresentatives. Each state, suggested Sherman, would send an equal number ofrepresentatives to the Senate, and one representative to the House for each 30,000residents of the state.

At the time, all the states except Pennsylvania had bicameral legislatures, so the delegateswere familiar with the structure of Congress proposed by Sherman.

Sherman’s plan pleased delegates from both the large and small states and became knownas the Connecticut Compromise of 1787, or the Great Compromise.

The structure and powers of the new U.S. Congress, as proposed by the delegates of theConstitutional Convention, were explained to the people by Alexander Hamilton andJames Madison in the Federalist Papers 52-66.

Today, each state is represented in Congress by two Senators and a variable number ofmembers of the House of Representatives based on the state’s population as reported in

the most recent decennial census. The process of fairly determining the number ofmembers of the House from each state is called "apportionment."

The first census in 1790 counted 4 million Americans. Based on that count, the totalnumber of members elected to the House of Representatives grew from the original 65 to106. The current House membership of 435 was set by Congress in 1911.

IV. The Judicial Branch The judicial branch consists of the United States Supreme Court and lower federal courts.

Its primary function is to hear cases that challenge legislation or require interpretation ofthat legislation. The U.S. Supreme Court has nineJustices, who are chosen by the President, confirmed by the Senate, and have a lifetime appointment.

Supreme Court - A Brief History Other than establishing it, Article III of the U.S.Constitution spells out neither the specific duties,



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powers nor organization of the Supreme Court.

"[t]he judicial Power of the United States, shall be vested in one Supreme Court, and insuch inferior Courts as the Congress may from time to time ordain and establish."

Instead, the Constitution left it to Congress and to the Justices of the Court itself todevelop the authorities and operations of the entire Judicial Branch of government.

The very first bill introduced in the United States Senate was the Judiciary Act of 1789. Itdivided the country in 13 judicial districts, which were further organized into the Eastern,Middle, and Southern "circuits." The 1789 Act called for the Supreme Court to consist ofa Chief Justice and only five Associate Justices, and for the Court to meet, or "sit" in the Nation's Capital. For the first 101 years of its service, Supreme Court Justices wererequired to "ride circuit," holding court twice a year in each of the 13 judicial districts.The Act also created the position of U.S. Attorney General and assigned the power tonominate Supreme Court justices to the President of the United States with the approval

of the Senate.

Due to transportation problems, Chief Justice Jay had to postpone the first actual meetingof the Supreme Court until the next day, Feb. 2, 1790.

The Supreme Court spent its first session organizing itself and determining its own powers and duties. The new Justices heard and decided their first actual case in 1792.

Lacking any specific direction from the Constitution, the new U.S. Judiciary spent its firstdecade as the weakest of the three branches of government. Early federal courts failed toissue strong opinions or even take on controversial cases. The Supreme Court was noteven sure if it had the power to consider the constitutionality of laws passed by Congress.This situation changed drastically in 1801 when President John Adams appointed JohnMarshall of Virginia to be the fourth Chief Justice. Confident that nobody would tell himnot to, Marshall took clear and firm steps to define the role and powers of both theSupreme Court and the judiciary system.

The Supreme Court, under John Marshall, defined itself with its historic 1803 decision inthe case of Marbury v. Madison. In this single landmark case, the Supreme Courtestablished its power to interpret the U.S. Constitution and to determine theconstitutionality of laws passed by congress and the state legislatures.

John Marshall went on to serve as Chief Justice for a record 34 years, along with severalAssociate Justices who served for over 20 years. During his time on the bench, Marshallsucceeded in molding the federal judicial system into what many consider to be today'smost powerful branch of government.

Before settling at nine in 1869, the number of Supreme Court Justices changed six times.In its entire history, the Supreme Court has had only 16 Chief Justices, and over 100Associate Justices.



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Supreme Court Justices are nominated by the President of the United States. Thenomination must be approved by a majority vote of the Senate. The Justices serve untilthey either retire, die or are impeached. The average tenure for Justices is about 15 years,with a new Justice being appointed to the Court about every 22 months. Presidents

appointing the most Supreme Court Justices include George Washington, with tenappointments and Franklin D. Roosevelt, who appointed eight Justices.

Checks and BalancesWhy are there three distinct branches of government, each with a different function? Theframers of the Constitution did not wish to return to the totalitarian system of governanceimposed on colonial America by the British.

To ensure that no single person or entity had a monopoly on power, they instituted asystem of checks and balances. The president's power is checked by the Congress, whichcan refuse to confirm his appointees, for example, and has the power to impeach, or

remove, a president. Congress may pass laws, but the president has the power to vetothem (Congress, in turn, may override a veto). And the Supreme Court can rule on theconstitutionality of a law, but Congress, with approval from two-thirds of the states, mayamend the Constitution.

V. The Legislative Process

As part of its legislative process, the United States Congress considers thousands of billseach session. Yet, only a small percentage of them will ever reach the top of the president's desk for final approval or veto. Along their way to the White House, billstraverse a maze of committees and subcommittees, debates, and amendments in both

chambers of Congress.Here is how a bi ll becomes a law:



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The following is a simple explanation of the process required for a bill to become a law.For a complete explanation, see... "How Our Laws Are Made" (Library of Congress)Revised and Updated by Charles W. Johnson, Parliamentarian, United States House ofRepresentatives.

Step 1: IntroductionOnly a member of Congress (House or Senate) can introduce the bill for consideration.The Representative or Senator who introduces the bill becomes its "sponsor." Other

legislators who support the bill or work on its preparation can ask to be listed as "co-sponsors." Important bills usually have several co-sponsors.

Four basic types of legislation are considered by Congress: Bills, Simple Resolutions,Joint Resolutions, and Concurrent Resolutions.

A bill or resolution has officially been introduced when it has been assigned a number(H.R. # for House Bills or S. # for Senate Bills), and printed in the Congressional Record



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by the Government Printing Office.

Step 2: Committee ConsiderationAll bills and resolutions are "referred" to one or more House or Senate committeesaccording their specific rules.

Step 3: Committee ActionThe committee considers the bill in detail. For example, the powerful House Ways andMeans Committee and Senate Appropriations Committee will consider a bill's potentialimpact on the Federal Budget.

If the committee approves the bill, it moves on in the legislative process. Committeesreject bills by simply not acting on them. Bills that fail to get committee action are said tohave "died in committee," as many do.

Step 4: Subcommittee Review

The committee sends some bills to a subcommittee for further study and public hearings.Just about anyone can present testimony at these hearings. Government officials, industryexperts, the public, anyone with an interest in the bill can give testimony either in personor in writing. Notice of these hearings, as well as instructions for presenting testimony isofficially published in the Federal Register.

Step 5: Mark Up

If the subcommittee decides to report (recommend) a bill back to the full committee forapproval, they may first make changes and amendments to it. This process is called"Mark Up." If the subcommittee votes not to report a bill to the full committee, the billdies right there.

Step 6: Committee Action -- Reporting a BillThe full committee now reviews the deliberations and recommendations of thesubcommittee. The committee may now conduct further review, hold more publichearings, or simply vote on the report from the subcommittee. If the bill is to go forward,the full committee prepares and votes on its final recommendations to the House orSenate. Once a bill has successfully passed this stage it is said to have been "orderedreported" or simply "reported."

Step 7: Publication of Committee ReportOnce a bill has been reported a report about the bill is written and published. The reportwill include the purpose of the bill, its impact on existing laws, budgetary considerations,and any new taxes or tax increases that will be required by the bill. The report alsotypically contains transcripts from public hearings on the bill, as well as the opinions ofthe committee for and against the proposed bill.

Step 8: Floor Action -- Legislative Calendar

The bill will now be placed on the legislative calendar of the House or Senate andscheduled (in chronological order) for "floor action" or debate before the full



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membership. The House has several legislative calendars. The Speaker of the House andHouse Majority Leader decide the order in which reported bills will be debated. TheSenate, having only 100 members and considering fewer bills, has only one legislativecalendar.

Step 9: DebateDebate for and against the bill proceeds before the full House and Senate according tostrict rules of consideration and debate.

Step 10: VotingOnce debate has ended and any amendments to the bill have been approved, the fullmembership will vote for or against the bill. Methods of voting allow for a voice vote or aroll-call vote.

Step 11: Bill Referred to Other ChamberBills approved by one chamber of Congress (House or Senate) are now sent to the other

chamber where they will follow pretty much the same track of committee to debate tovote. The other chamber may approve, reject, ignore, or amend the bill.

Step12: Conference CommitteeIf the second chamber to consider a bill changes it significantly, a "conferencecommittee" made up of members of both chambers will be formed. The conferencecommittee works to reconcile differences between the Senate and House versions of the bill. If the committee cannot agree, the bill simply dies. If the committee does agree on acompromise version of the bill, they prepare a report detailing the changes they have proposed. Both the House and Senate must approve the report of the conferencecommittee or the bill will be sent back to them for further work.

Step 13: Final Action - EnrollmentOnce both the House and Senate have approved the bill in identical form, it becomes"Enrolled" and sent to the President of the United States. The President may sign the billinto law. The President can also take no action on the bill for ten days while Congress isin session and the bill will automatically become law. If the President is opposed to the bill, he can "veto" it. If he takes no action on the bill for ten days after Congress hasadjourned their second session, the bill dies. This action is called a "pocket veto."

Step 14: Overriding the VetoCongress can attempt to "override" a presidential veto of a bill and force it into law, butdoing so requires a 2/3 vote by a quorum of members in both the House and Senate.

VI. FederalismThe U.S. Constitution establishes a government based on "federalism," or the sharing of power between the national, and state (and local) governments. Our power-sharing formof government is the opposite of "centralized" governments, such as those in England andFrance, under which national government maintains total power.



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"Federalism" is the process by which two or more governments share powers over thesame geographic area.

In the United States, the Constitution grants certain powers to both the U.S. governmentand the state governments. For example, under Article I, Section 8 of the Constitution,grants the U.S. Congress certain powers such as coining money, regulating interstatetrade and commerce, declaring war, raising an army and navy and to establish laws ofimmigration.

Actions the states cannot do are listed in Article I, Section 9. Among these, states areforbidden from coining money, entering into treaties, charging duties on imports and

exports and declaring war.

Under the 10th Amendment, powers not specifically listed in the Constitution, likerequiring driver’s licenses and collecting property taxes, are among the many powers"reserved" to the states.

“The powers not delegated to the United States by the Constitution, nor prohibited by itto the states, are reserved to the states respectively, or to the people.” – TenthAmendment to the U.S. Constitution.

The line between the powers of the U.S. government and those of the states is usually

clear. Sometimes, it is not. Whenever a state government's exercise of power might be inconflict with the Constitution, we end up with a battle of “states' rights” which must often

be settled by the Supreme Court.

Probably the greatest battle over states' rights -- segregation -- took place during the1960's civil rights struggle.



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driver's personal information without the driver's consent.

In conflict with the DPPA, South Carolina laws allowed the State's DMV to sell this personal information. South Carolina's Attorney General Condon filed a suit claimingthat the DPPA violated the Tenth and Eleventh Amendments to the U.S. Constitution.

The District Court ruled in favor of South Carolina, declaring the DPPA incompatiblewith the principles of federalism inherent in the Constitution's division of power betweenthe States and the Federal Government. The District Court's action essentially blocked theU.S. government’s power to enforce the DPPA in South Carolina. This ruling was furtherupheld by the Fourth District Court of Appeals.

United States Attorney General Reno appealed the District Courts' decisions to theSupreme Court.

On Jan. 12, 2000, the U.S. Supreme Court, in the case of Reno v. Condon, ruled that the

DPPA did not violate the Constitution due to the U.S. Congress' power to regulateinterstate commerce granted to it by Article I, Section 8, clause 3 of the Constitution.

According to the Supreme Court, "The motor vehicle information which the States havehistorically sold is used by insurers, manufacturers, direct marketers, and others engagedin interstate commerce to contact drivers with customized solicitations. The informationis also used in the stream of interstate commerce by various public and private entities formatters related to interstate motoring. Because drivers' personal, identifying informationis, in this context, an article of commerce, its sale or release into the interstate stream of business is sufficient to support congressional regulation."

So, the Supreme Court upheld the Driver's Privacy Protection Act of 1994 and the Statescannot sell our personal drivers' license personal information without our permission,which is a good thing. On the other hand, the revenue from those lost sales must be madeup in taxes, which is not such a good thing. But, that's how federalism works.

National vs State Government – FederalismThe U.S. Constitution establishes a government based on "federalism," or the sharing of power between the national, and state (and local) governments. Our power-sharing formof government is the opposite of "centralized" governments, such as those in England andFrance, under which national government maintains total power.

While each of the 50 states has its own constitution, all provisions of state constitutionsmust comply with the U.S. Constitution. For example, a state constitution cannot denyaccused criminals the right to a trial by jury, as assured by the U.S. Constitution's 6thAmendment.

Under the U.S. Constitution, both the national and state governments are granted certainexclusive powers and share other powers.



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Exclusive Powers of the National GovernmentUnder the Constitution, powers reserved to the national government include: Print money (bills and coins) Declare war Establish an army and navy

Enter into treaties with foreign governments Regulate commerce between states and international trade Establish post offices and issue postage Make laws necessary to enforce the Constitution

Exclusive Powers of State GovernmentsPowers reserved to state governments include: Establish local governments Issue licenses (driver, hunting, marriage, etc.) Regulate intrastate (within the state) commerce Conduct elections

Ratify amendments to the U.S. Constitution

Provide for public health and safety Exercise powers neither delegated to the national government or prohibited from the

states by the U.S.

Constitution (For example, setting legal drinking and smoking ages.)

Powers Shared by National and State Government

Shared, or "concurrent" powers include: Setting up courts Creating and collecting taxes Building highways Borrowing money

Making and enforcing laws Chartering banks and corporations Spending money for the betterment of the general welfare Taking (condemning) private property with just compensation

The Laws Behind the Acts of CongressFederal regulations are the actual enforceable laws authorized by major legislationenacted by Congress. The Clean Air Act, the Food and Drug Act, the Civil Rights Act areall examples of landmark legislation requiring months, even years of highly publicized planning, debate, compromise and reconciliation in Congress. Yet the work of creating

the vast and ever-growing volumes of federal regulations, the real laws behind the acts,happens largely unnoticed in the offices of the government agencies rather than the hallsof Congress.

Regulatory Federal Agencies

Agencies, like the FDA, EPA, OSHA and at least 50 others, are called "regulatory"agencies, because they are empowered to create and enforce rules - regulations - thatcarry the full force of a law. Individuals, businesses, and private and public organizations



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can be fined, sanctioned, forced to close, and even jailed for violating federal regulations.The oldest Federal regulatory agency still in existence is the Office of the Comptroller ofthe Currency, established in 1863 to charter and regulate national banks.

The Federal Rulemaking Process

The process of creating and enacting federal regulations is generally referred to as the“rulemaking” process.

First, Congress passes a law designed to address a social or economic need or problem.The appropriate regulatory agency then creates regulations necessary to implement thelaw. For example, the Food and Drug Administration creates its regulations under theauthority of the Food Drug and Cosmetics Act, the Controlled Substances Act and severalother acts created by Congress over the years. Acts such as these are known as "enablinglegislation," because they literally enable the regulatory agencies to create the regulationsrequired to administer enforce them.

The “Rules” of Rulemaking Regulatory agencies create regulations according to rules and processes defined byanother law known as the Administration Procedure Act (APA).

The APA defines a "rule" or "regulation" as...”[T]he whole or a part of an agency statement of general or particular applicability and future

effect designed to implement, interpret, or prescribe law or policy or describing theorganization, procedure, or practice requirements of an agency.

The APA defines “rulemaking” as… “[A]gency action which regulates the future conduct of either groups of persons or a single

person; it is essentially legislative in nature, not only because it operates in the future but because it is primarily concerned with policy considerations.”

Under the APA, the agencies must publish all proposed new regulations in the FederalRegister at least 30 days before they take effect, and they must provide a way forinterested parties to comment, offer amendments, or to object to the regulation.

Some regulations require only publication and an opportunity for comments to becomeeffective. Others require publication and one or more formal public hearings. Theenabling legislations states which process is to be used in creating the regulations.Regulations requiring hearings can take several months to become final.

New regulations or amendments to existing regulations are known as "proposed rules." Notices of public hearings or requests for comments on proposed rules are published inthe Federal Register, on the Web sites of the regulatory agencies and in many newspapersand other publications. The notices will include information on how to submit comments,or participate in public hearings on the proposed rule.

Once a regulation takes effect, it becomes a "final rule" and is printed in the FederalRegister, the Code of Federal Regulations (CFR) and usually posted on the Web site of



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the regulatory agency.

Type and Number of Federal RegulationsIn the Office of Management and Budget's (OMB) 2000 Report to Congress on the Costsand Benefits of Federal Regulations, OMB defines the three widely recognized categories

of federal regulations as: social, economic, and process.

Social regulation seeks to benefit the public interest in one of two ways. It prohibits firmsfrom producing products in certain ways or with certain characteristics that are harmful to public interests such as health, safety, and the environment. Examples would be OSHA’srule prohibiting firms from allowing in the workplace more than one part per million ofBenzene averaged over an eight hour day, and the Department of Energy’s rule

prohibiting firms from selling refrigerators that do not meet certain energy efficiencystandards.

Social regulation also requires firms to produce products in certain ways or with certain

characteristics that are beneficial to these public interests. Examples are the Food andDrug Administration’s requirement that firms selling food products must provide a label

with specified information on its package and Department of Transportation’s

requirement that automobiles be equipped with approved airbags.

Economic regulation prohibits firms from charging prices or entering or exiting lines of business that might cause harm to the economic interests of other firms or economicgroups. Such regulations usually apply on an industry-wide basis (for example,agriculture, trucking, or communications). In the United States, this type of regulation atthe federal level has often been administered by independent commissions such as theFederal Communications Commission (FCC) or the Federal Energy RegulatoryCommission (FERC). This type of regulation can cause economic loss from the higher prices and inefficient operations that often occur when competition is restrained.

Process Regulation impose administrative or paperwork requirements such as income tax,immigration, social security, food stamps, or procurement forms. Most costs to businesses result from program administration, government procurement, and taxcompliance efforts. Social and economic regulation may also impose paperwork costsdue to disclosure requirements and enforcement needs. These costs generally appear inthe cost for such rules. Procurement costs generally show up in the federal budget asgreater fiscal expenditures.

How Many Federal Regulations are There?According to the Office of the Federal Register, in 1998, the Code of Federal Regulations(CFR), the official listing of all regulations in effect, contained a total of 134,723 pages in201 volumes that claimed 19 feet of shelf space. In 1970, the CFR totaled only 54,834 pages.

The General Accountability Office (GAO) reports that in the four fiscal years from 1996to 1999, a total of 15,286 new federal regulations went into effect. Of these, 222 were



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classified as "major" rules, each one having an annual effect on the economy of at least$100 million.

While they call the process "rulemaking," the regulatory agencies create and enforce"rules" that are truly laws, many with the potential to profoundly effect the lives and

livelihoods of millions of Americans. What controls and oversight are placed on theregulatory agencies in creating the federal regulations?

Control of the Regulatory ProcessFederal regulations created by the regulatory agencies are subject to review by both the president and Congress under Executive Order 12866.

Executive Order 12866, issued on Sept. 30, 1993, by President Clinton, stipulates stepsthat must be followed by executive branch agencies before regulations issued by them areallowed to take effect.

For all regulations, a detailed cost-benefit analysis must be performed. Regulations withan estimated cost of $100 million or more are designated "major rules," and requirecompletion of a more detailed Regulatory Impact Analysis (RIA). The RIA must justifythe cost of the new regulation and must be approved by the Office of Management andBudget (OMB) before the regulation can take effect.

Executive Order 12866 also requires all regulatory agencies to prepare and submit toOMB annual plans to establish regulatory priorities and improve coordination of theAdministration's regulatory program.

While some requirements of Executive Order 12866 apply only to executive branch

agencies, all federal regulatory agencies fall under the controls of the CongressionalReview Act.

The Congressional Review Act (CRA) allows Congress 60 in-session days to review and possibly reject new federal regulations issued by the regulatory agencies.

Under the CRA, the regulatory agencies are required to submit all new rules to theleaders of both the House and Senate. In addition, the General Accounting Office (GAO) provides to those congressional committees related to the new regulation, a detailedreport on each new major rule.

VII. The Federal Budget ProcessIn Fiscal Year 2010, the U.S. federal budget will commit the expenditure of up to $3.55trillion dollars, increasing the federal deficit to almost $1.7 trillion. Clearly, spending thatmuch taxpayer money requires a carefully thought out and closely followed process. In a perfect world, the annual federal budget process begins in February, ends in October andgoes like this:1. The President’s Budget Proposal Goes to Congress The President’s Budget Proposal informs Congress of the White House’s vision for the



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three basic elements of U.S. fiscal policy: (1) how much money the government shouldspend on public needs and programs; (2) how much money the government should takein through taxes and other sources of revenue; and (3) how large a deficit or surplus willresult -- simply the difference between money spent and money taken in.

2.

Congress Begins its Work on the BudgetWith much and often heated debate, Congress hacks away at the president’s BudgetProposal to come up with its own version, known as the Budget Resolution. Like anyother piece of legislation, the House and Senate versions of the Budget Resolution mustmatch.

As a critical part of the budget process, the congressional Budget Resolution setsspending limits on discretionary government programs for the next five years.

3. Congress Creates the Annual Spending BillsThe meat of the annual federal budget is, in fact, a set of “appropriations,” or spending

bills distributing the funds allocated in the Budget Resolution among the variousgovernment functions.

Roughly one-third of the spending authorized by any annual federal budget is“discretionary” spending, meaning it is optional, as approved by Congress. The annualspending bills approve discretionary spending. Spending for “entitlement” programs, like

Social Security and Medicare is referred to as “mandatory” spending.

A spending bill must be created, debated and passed to fund the programs and operationsof each Cabinet-level agency. Per the Constitution, each spending bill must originate inthe House. Since the House and Senate versions of each spending bill must be identical,this always become the most time-consuming step in the budget process.

4. Congress and the President Approve the Spending BillsOnce Congress has passed all of the annual spending bills, the president must sign theminto law, and there is no guarantee that will happen. Should the programs or fundinglevels approved by Congress vary too greatly from those set by the president in his or herBudget Proposal, the president could veto one or all of the spending bills. Vetoedspending bills slow the process greatly.

5. Final approval of the spending bills by the president signals the end of the annualfederal budget process.

The Federal Budget CalendarIt starts in February and is supposed to be finished by October 1, the start of thegovernment’s fiscal year. However, the federal budget process now tends to run behindschedule, requiring the passage of one or more “continuing resolutions” that keep the

basic functions of government running and save us from the effects of a governmentshutdown.



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VIII. Expanded US TimelinePut it in perspective! Below in this section of the course is an expanded upon US timelinewith some of the more pivotal moments of US history.

1492 Christopher Columbus discovers America

1497 John Cabot claims North America for England1501 Amerigo Vespucci explores the coast of South America1519 Ferdinand Magellan is the first to go around the world

Alonzo de Pineda explores gulf Coast of America1524 Giovanni Verrazano discovers New York Bay1528 Panfilo de Narvaez conquers Cuba and explores Florida

Alvar Cabeza de Vaca explores Texas, Arizona and New Mexico1534 Jacques Cartier explores the Great Lakes and the St. Lawrence

River1539 Hernando de Soto explores south-eastern North America1540 Francisco Vázquez de Coronado explores south-western North

AmericaDiscovery of the Grand Canyon by Garcia Lopez de Cardenas

1541 Francisco Vásquez de Coronado explores Kansas1542 Cabrillo explores and discovers the Californian coast

Juan Rodriguez Cabrillo discovers San Diego Bay, California1559 Tristan de Luna explores North America1563 Francisco de Ibarra explores New Mexico1576 Sir Martin Frobisher explores Baffin Bay and the Hudson Strait1577 Sir Francis Drake circumnavigates the world - December 13 1577

to September 26 15801584 Philip Amadas and Arthur Barlowe (both in the service of Sir

Walter Raleigh) explore the coast of North Carolina1585 March 25: Walter Raleigh receives the patent to explore and settlein North America

June: Walter Raleigh's fleet of seven vessels under RichardGrenville and Ralph Lane, with 108 men, reach Roanoke IslandJune 4: Virginia colony of Roanoke Island established by WalterRaleigh

1598 Juan de Archuleta explores Colorado1607 Captain John Smith explorer and founder of Jamestown1609 Henry Hudson explores Northeastern North America including the

Hudson River1763 February 10: Treaty of Paris ends French and Indian War (1754-1763). Canada east of the Mississippi River added to the Britishempire.Pontiac's Rebellion against the BritishOctober 7: The Proclamation of 1763 issued by King George IIIafter the end of the French and Indian War / Seven Years' War toorganize the new North American empire and stabilize relations



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with Native Americans. No British settlements allowed west of theAppalachian mountains. Settlers already in these areas required toreturn east

1764 February: James Otis urges a united response to the recent actsimposed by England. The phrase "Taxation without Representation

is Tyranny" is usually attributed to James OtisJuly: James Otis publishes "The Rights of the British ColoniesAsserted and Proved."August: Boston merchants begin a boycott of British luxury goods

1765 March 22: The Stamp Act was passed by the British Parliament.March 24: The Quartering Act required American colonists tohouse British troops and supply them with food.July: The Sons of Liberty is formed - a secret organization opposedto the Stamp ActDecember: Over 200 Boston merchants refuse to pay the StampTax

1766 March 18. Stamp Act repealedJanuary: New York assembly refuses to fully enforce theQuartering Act.August: Violence breaks out in New York between British soldiersand members of the Sons of Liberty.

1768 July: Merchants in Boston and New York boycott British goodsSeptember: English warships sail into Boston Harbor leaving tworegiments of English troops to keep order.

1770 March: "The Boston Massacre" - Four workers shot by Britishtroops in Boston

1773 December 16: The Boston Tea Party - Massachusetts patriotsdressed as Mohawk Indians protest against the British Tea Act bydumping crates of tea into Boston Harbor.

1774 March: The Coercive Acts (called Intolerable Acts by Americans)

1775 February 9: English Parliament declares Massachusetts to be instate of rebellionApril: 19 Shots fired at Lexington and Concord where weaponsdepot destroyed. "Minute Men" force British troops back toBoston. George Washington takes command of the ContinentalArmy.June 15: George Washington appointed general and commander-in-chief of the new Continental Army.June 17: Battle of Bunker HillJuly 6: Declaration on the Causes and Necessity of Taking UpArms stating that Americans are "resolved to die free men ratherthan live as slaves."The American Revolution, the American War of Independence, led by George Washington was fought between Great Britain andthirteen British colonies in North America, and ended in a global



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war between several European great powers.

1776 May 2: The American revolution gains support from King LouisXVI of FranceJuly 4: Thomas Jefferson presents the United States Declaration of

Independence1777 November 15: Articles of Confederation - Congress is made soleauthority of the new national government.

1778 February 6: France signs a treaty of alliance with the United Statesand the American Revolution soon becomes a world war.September 14: Benjamin Franklin appointed Americanrepresentative in France.

1779 September 27: John Adams is appointed to negotiate peace withEngland.

1780 September 23: Plans discovered indicating Benedict Arnoldintends to turn traitor and surrender West Point. Benedict Arnold

joins the British1781 October 17: American victory at Yorktown terms discussed for theBritish surrender.October 19: The British army surrenders at Yorktown - adevastating effect on the British

1782 February 27: English Parliament votes against further war inAmerica. November 10: The final battle of the Revolutionary War whenAmericans retaliate by attacking a Shawnee village in Ohio November 30: Preliminary peace treaty signed in Paris recognizingAmerican independence and the British withdrawal from America.

1783 February 4: England officially declares an end to hostilities inAmericaSeptember 3: The Treaty of Paris is signed by the United Statesand Great Britain

1784 January 14: The Treaty of Paris is ratified by Congress and theAmerican Revolutionary War officially ends

1789 First President of the US is George Washington 1789-1797The first thirteen states were Delaware, Pennsylvania, New Jersey,Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, New York, North Carolina, and RhodeIslandJudiciary Act of 1789

1791 Bill of Rights ratified1793 Fugitive Slave Act passed1795 Vermont and Kentucky were admitted to the US1794 Whiskey Rebellion1797 Second President of the US is John Adams 1797-18011799 Logan Act



49

1800 Library of Congress founded1801 Third President of the US is Thomas Jefferson 1801-18091803 Louisiana Purchase Treaty1804 Meriwether Lewis and William Clark explore the Louisiana

Territory

1805 Barbary Wars1807 Act Prohibiting Importation of Slaves1808 U.S. slave trade with Africa ends1809 Fourth President of the US is James Madison 1809-18171811 Battle of Tippecanoe1812 War of 1812 begins1814 Treaty of Fort Jackson ends Creek War1817 Fifth President of the US is James Monroe 1817-1825

Harvard Law School founded1818 Jackson Purchase in Kentucky1818 Five more states were admitted to the US - Tennessee, Ohio,

Louisiana, Indiana, and Mississippi1819 Adams-Onis Treaty, including acquisition of FloridaIllinois admission to the US

1820 Alabama and Maine admission to the US1822 Missouri admission to the US1825 Sixth President of the US is John Quincy Adams 1825-18291829 Seventh President of the US is Andrew Jackson 1829-18371830 Indian Removal Act

Oregon Trail opens1831 Nat Turner's revolt1832 Black Hawk War

Seminole War beginsDepartment of Indian Affairs established

1835 Texas War for Independence begins1836 Arkansas admission to the US1837 Battle of the Alamo

Panic of 1837Michigan admission to the US

1838 1838-1839: The Trail of Tears1841 Ninth President of the US is William Henry Harrison 1841

Tenth President of the US is John Tyler 1841-18451845 Eleventh President of the US is James Knox Polk 1845-1849

Florida admission to the US1846 Mexican-American War begins and ends in 1848

Texas admission to the USOregon Treaty signed

1847 Treaty of Cahuenga ends Mexican-American WarIowa admission to the US

1848 Gold discovered in CaliforniaWisconsin admission to the US



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Treaty of Guadalupe Hidalgo ends the Mexican-American War1849 Twelfth President of the US is Zachary Taylor 1849-18501850 Thirteenth President of the US is Millard Fillmore 1850-18531851 California admission to the US1853 Fourteenth President of the US is Franklin Pierce 1853-1857

Gadsden Purchase1856 Sack of Lawrence, KansasPottawatomie Massacre

1857 Fifteenth President of the US is James Buchanan 1857-18611858 Minnesota admission to the US1859 Oregon admission to the US

Harper's Ferry Raid1860 Pony Express begins1861 Sixteenth President of the US is Abraham Lincoln 1861-1865

Kansas admission to the USConfederate States of America (the Confederacy) established

under President Jefferson DavisAmerican Civil War begins at Fort Sumter. The American CivilWar, also called the War between the States, was waged fromApril 1861 until April 1865. The four year war was between thefederal government of the United States and 11 Southern states thatasserted their right to secede (withdraw) from the Union. AbrahamLincoln was the central figure of the American Civil War.First Battle of Bull Run

1863 Battle of GettysburgWest Virginia admission to the US

1864 Sand Creek Massacre1865 Abraham Lincoln assassinated

Seventeenth President of the US is Andrew Johnson 1865-1869 Nevada admission to the USUnited States Civil War ends

1866 Civil Rights Act of 1866Ku Klux Klan founded

1867 Nebraska admission to the USAlaska Purchase from Russia

1869 Eighteenth President of the US is Ulysses Simpson Grant 1869-1877

1871 Great Chicago FireTreaty of Washington with Great Britain regarding the Dominionof Canada

1872 Yellowstone National Park established1874 Red River Wars1875 Civil Rights Act of 18751876 Battle of Little Bighorn1877 Nineteenth President of the US is Rutherford Birchard Hayes

1877-1881



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Colorado admission to the US Nez Perce War

1881 Twentieth President of the US is James Abram Garfield 1881Twenty - First President of the US is Chester Alan Arthur 1881-1885

1882 Chinese Exclusion Act and European Restriction Act1885 Twenty-Second President of the US is Grover Cleveland 1885-1889Washington monument completed

1889 Twenty - Third President of the US is Benjamin Harrison 1889-1893

1890 North Dakota, South Dakota, Montana, Washington, and Idahoadmission to the USYosemite National Park createdWounded Knee Massacre

1891 Wyoming admission to the US

1893 Twenty - Fourth President of the US is Grover Cleveland 1893-18971896 Utah admission to the US

Gold discovered in the Yukon's Klondike1897 Twenty - Fifth President of the US is William McKinley 1897-

19011898 Spanish-American War1900 Boxer Rebellion in China1901 Twenty - Sixth President of the US is Theodore Roosevelt 1901-

19091903 Ford Motor Company formed

First World Series1904 Panama Canal Zone acquired1908 Oklahoma admission to the US

Ford Model T marketedFederal Bureau of Investigation (FBI) established

1909 Twenty - Seventh President of the US is William Howard Taft1909-1913

1912 Arizona, Alaska and New Mexico admission to the USTitanic sinks

1913 Twenty - Eighth President of the US is Woodrow Wilson 1913-1921

1914 WW1 started 28 July 1914 – 11 November 19181915 The Birth of a Nation movie directed by D.W. Griffith opens1917 US enters World War I

U.S. Virgin Islands purchased from Denmark1919 Treaty of Versailles1920 First radio broadcast in Pittsburgh, Pennsylvania1921 Twenty- Ninth President of the US is Warren Gamaliel Harding

1921-1923



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1923 Thirtieth President of the US is Calvin Coolidge 1923-19291924 Indian Reorganization Act1927 Indian Reorganization Act

Charles Lindbergh makes first trans-Atlantic flightThe Jazz Singer starring Al Jolson is the first "talkie" to be

released1929 Thirty-First President of the US is Herbert Clark Hoover 1929-1933St. Valentine's Day massacreImmigration ActGreat Depression begins

1931 Empire State Building opens1932 Amelia Earhart flies across Atlantic Ocean1933 Thirty - Second President of the US is Franklin Delano Roosevelt

1933-1945Japan and Germany withdraw from League of Nations

1934 Dust Bowl beginsReciprocal Trade Agreements ActJohn Dillinger killedIndian Reorganization Act

1935 Social Security Act1936 London Conference on disarmament1937 Hindenburg disaster1939 Germany invades Poland; World War II begins1941 Attack on Pearl Harbor

U.S. enters World War II1944 D-Day

Battle of the Bulge1945 Thirty - Third President of the US is Harry S. Truman 1945-1953

U.S. takes OkinawaU.S. joins the United Nations

Atomic bomb dropped on Hiroshima and NagasakiGermany and Japan surrender, ending World War II

1946 The Cold War began between the United States and the SovietUnionAtomic Energy Act

1948 Nuremberg trialsBerlin Blockade

1949 NATO formedGermany divided into East and West

1950 Senator Joseph McCarthy gains power and start Communist witchhunts (1950-1954)Korean War begins

1953 Thirty - Fourth President of the US is Dwight David Eisenhower1953-1961



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Armistice in Korea1954 SEATO alliance1955 Warsaw Pact1956 US installs Diem as leader of South Vietnam1957 Civil Rights Act of 1957

Russians launch Sputnik1958 NASA formed1959 Cuban Revolution1960 Greensboro sit-in

Civil Rights Act of 1960Hawaii, the last state was admitted giving the American flag 50stars

1961 Thirty - Fifth President of the US is John Fitzgerald Kennedy1961-1963Peace CorpsVietnam War officially begins with 900 military advisors landing

in SaigonOPEC formed1962 Cuban Missile Crisis1963 President J Kennedy assassinated

Thirty - Sixth President of the US is Lyndon Baines Johnson 1963-1969March on Washington; Martin Luther King, Jr. "I have a dream"speech

1964 Civil Rights Act of 19641965 Detroit race riot1968 Presidential candidate Robert F. Kennedy assassinated

Civil Rights Act of 19681969 Thirty - Seventh President of the US is Richard Milhous Nixon

1969-1974 Neil Armstrong walks on the moon

1970 Kent State shootings1972 Watergate burglary

Anti-Ballistic Missile Treaty with USSR1973 Vietnam War ends with US pulling out in 1973

Watergate Scandal breaksSkylab first space station launched

1974 Richard Nixon resigns Presidency over WatergateThirty - Eighth President of the US is Gerald Rudolph Ford 1974-1977

1977 Thirty - Ninth President of the US is Jimmy Carter 1977-19811979 Three Mile Island nuclear accident

Iran hostage crisis begins1981 Fortieth President of the US is Ronald Wilson Reagan 1981-1989

Attempted assassination of Ronald Reagan by John Hinckley1986 Iran-Contra scandal breaks



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Space Shuttle Challenger accident1990 Forty - First President of the US is George Herbert Walker Bush

1989-1993Hubble Space Telescope placed in orbitIraq invades Kuwait leading to 1991 Gulf War

1991 Gulf War1992 Los Angeles riotsHurricane Andrew causes devastation in Florida and Louisiana

1993 Forty - Second President of the US is William Jefferson Clinton1993-2001World Trade Center bombingWaco siege

1995 Oklahoma City bombing1999 President Clinton is acquitted in impeachment trial by U.S. Senate2001 Forty - Third President of the US is George Walker Bush

September 11: Terrorist Attacks on the World Trade Center and

The PentagonInvasion of Afghanistan Operation "Enduring Freedom"2004 Occupation of Iraq, 2003-20042005 Hurricane Katrina2009 Forty - Fourth President of the US is Barack Obama

IX. George Washington’s Farewell Address By the time George Washington left public office as the first president of the UnitedStates, he was widely regarded as the most singular force of American independence.While not always known for lengthy oration, but certainly capable, Washington wasmuch better known in his role of General and his acts of heroism and his skilled

command of his forces.

Naturally, it was not Washington alone who brought about independence. There was thework of Nathaniel Green, one of Washington’s most important generals. There was John

Adams who would succeed Washington as president. Thomas Pain. Jefferson. And manymore patriots became the face of the revolution. But it was Washington who at the time because the patriarch of America.

So his farewell address had a lot of gravity behind it. Many Americans wantedWashington to become the ’king’ and

monarch of the United States. This was afearful word for Washington. He understoodwhat they had fought for was the will of the people and so understood that the UnitedStates could not have a monarch. Democracydoes not work in a monarchy. In a pivotalmove, Washington put to rest the idea of amonarchy. In doing so, he helped to set forth what is so important today with public



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service of elected officials. The following is a transcript of Washington’s farewell

address which is rift with the echoes of American Self Governing Will on September 17,1796.

To the People of the United States.

FRIENDS AND FELLOW-CITIZENS:The period for a new election of a citizen, to administer the executive government of theUnited States, being not far distant, and the time actually arrived, when your thoughtsmust be employed designating the person, who is to be clothed with that important trust,it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprize you of the resolution I have formed, to decline being considered among the number of those out of whom a choice is to be made.

I beg you at the same time to do me the justice to be assured that this resolution has not been taken without a strict regard to all the considerations appertaining to the relation

which binds a dutiful citizen to his country; and that in withdrawing the tender of service,which silence in my situation might imply, I am influenced by no diminution of zeal foryour future interest, no deficiency of grateful respect for your past kindness, but amsupported by a full conviction that the step is compatible with both.

The acceptance of, and continuance hitherto in, the office to which your suffrages havetwice called me, have been a uniform sacrifice of inclination to the opinion of duty, andto a deference for what appeared to be your desire. I constantly hoped, that it would have been much earlier in my power, consistently with motives, which I was not at liberty todisregard, to return to that retirement, from which I had been reluctantly drawn. Thestrength of my inclination to do this, previous to the last election, had even led to the preparation of an address to declare it to you; but mature reflection on the then perplexedand critical posture of our affairs with foreign nations, and the unanimous advice of persons entitled to my confidence impelled me to abandon the idea.

I rejoice, that the state of your concerns, external as well as internal, no longer renders the pursuit of inclination incompatible with the sentiment of duty, or propriety; and am persuaded, whatever partiality may be retained for my services, that, in the presentcircumstances of our country, you will not disapprove my determination to retire.

The impressions, with which I first undertook the arduous trust, were explained on the proper occasion. In the discharge of this trust, I will only say, that I have, with goodintentions, contributed towards the organization and administration of the government the best exertions of which a very fallible judgment was capable. Not unconscious, in theoutset, of the inferiority of my qualifications, experience in my own eyes, perhaps stillmore in the eyes of others, has strengthened the motives to diffidence of myself; andevery day the increasing weight of years admonishes me more and more, that the shade ofretirement is as necessary to me as it will be welcome. Satisfied, that, if anycircumstances have given peculiar value to my services, they were temporary, I have theconsolation to believe, that, while choice and prudence invite me to quit the political



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scene, patriotism does not forbid it.

In looking forward to the moment, which is intended to terminate the career of my publiclife, my feelings do not permit me to suspend the deep acknowledgment of that debt ofgratitude, which I owe to my beloved country for the many honors it has conferred upon

me; still more for the steadfast confidence with which it has supported me; and for theopportunities I have thence enjoyed of manifesting my inviolable attachment, by servicesfaithful and persevering, though in usefulness unequal to my zeal. If benefits haveresulted to our country from these services, let it always be remembered to your praise,and as an instructive example in our annals, that under circumstances in which the passions, agitated in every direction, were liable to mislead, amidst appearancessometimes dubious, vicissitudes of fortune often discouraging, in situations in which notunfrequently want of success has countenanced the spirit of criticism, the constancy ofyour support was the essential prop of the efforts, and a guarantee of the plans by whichthey were effected. Profoundly penetrated with this idea, I shall carry it with me to mygrave, as a strong incitement to unceasing vows that Heaven may continue to you the

choicest tokens of its beneficence; that your union and brotherly affection may be perpetual; that the free constitution, which is the work of your hands, may be sacredlymaintained; that its administration in every department may be stamped with wisdom andvirtue; than, in fine, the happiness of the people of these States, under the auspices ofliberty, may be made complete, by so careful a preservation and so prudent a use of this blessing, as will acquire to them the glory of recommending it to the applause, theaffection, and adoption of every nation, which is yet a stranger to it.

Here, perhaps I ought to stop. But a solicitude for your welfare which cannot end but withmy life, and the apprehension of danger, natural to that solicitude, urge me, on anoccasion like the present, to offer to your solemn contemplation, and to recommend toyour frequent review, some sentiments which are the result of much reflection, of noinconsiderable observation, and which appear to me all-important to the permanency ofyour felicity as a people. These will be offered to you with the more freedom, as you canonly see in them the disinterested warnings of a parting friend, who can possibly have no personal motive to bias his counsel. Nor can I forget, as an encouragement to it, yourindulgent reception of my sentiments on a former and not dissimilar occasion.

Interwoven as is the love of liberty with every ligament of your hearts, norecommendation of mine is necessary to fortify or confirm the attachment.

The unity of Government, which constitutes you one people, is also now dear to you. Itis justly so; for it is a main pillar in the edifice of your real independence, the support ofyour tranquility at home, your peace abroad; of your safety; of your prosperity; of thatvery Liberty, which you so highly prize. But as it is easy to foresee, that, from differentcauses and from different quarters, much pains will be taken, many artifices employed, toweaken in your minds the conviction of this truth; as this is the point in your politicalfortress against which the batteries of internal and external enemies will be mostconstantly and actively (though often covertly and insidiously) directed, it is of infinitemoment, that you should properly estimate the immense value of your national Union to



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your collective and individual happiness; that you should cherish a cordial, habitual, andimmovable attachment to it; accustoming yourselves to think and speak of it as of thePalladium of your political safety and prosperity; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion, that it can inany event be abandoned; and indignantly frowning upon the first dawning of every

attempt to alienate any portion of our country from the rest, or to enfeeble the sacred tieswhich now link together the various parts.

For this you have every inducement of sympathy and interest. Citizens, by birth orchoice, of a common country, that country has a right to concentrate your affections. Thename of American, which belongs to you, in your national capacity, must always exaltthe just pride of Patriotism, more than any appellation derived from local discriminations.With slight shades of difference, you have the same religion, manners, habits, and political principles. You have in a common cause fought and triumphed together; theIndependence and Liberty you possess are the work of joint counsels, and joint efforts, ofcommon dangers, sufferings, and successes.

But these considerations, however powerfully they address themselves to your sensibility,are greatly outweighed by those, which apply more immediately to your interest. Hereevery portion of our country finds the most commanding motives for carefully guardingand preserving the Union of the whole.

The North, in an unrestrained intercourse with the South, protected by the equal laws of acommon government, finds, in the productions of the latter, great additional resources ofmaritime and commercial enterprise and precious materials of manufacturing industry.The South, in the same intercourse, benefiting by the agency of the North, sees itsagriculture grow and its commerce expand. Turning partly into its own channels theseamen of the North, it finds its particular navigation invigorated; and, while itcontributes, in different ways, to nourish and increase the general mass of the nationalnavigation, it looks forward to the protection of a maritime strength, to which itself isunequally adapted. The East, in a like intercourse with the West, already finds, and in the progressive improvement of interior communications by land and water, will more andmore find, a valuable vent for the commodities which it brings from abroad, ormanufactures at home. The West derives from the East supplies requisite to its growthand comfort, and, what is perhaps of still greater consequence, it must of necessity owethe secure enjoyment of indispensable outlets for its own productions to the weight,influence, and the future maritime strength of the Atlantic side of the Union, directed byan indissoluble community of interest as one nation. Any other tenure by which the Westcan hold this essential advantage, whether derived from its own separate strength, or froman apostate and unnatural connexion with any foreign power, must be intrinsically precarious.

While, then, every part of our country thus feels an immediate and particular interest inUnion, all the parts combined cannot fail to find in the united mass of means and effortsgreater strength, greater resource, proportionably greater security from external danger, aless frequent interruption of their peace by foreign nations; and, what is of inestimable



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value, they must derive from Union an exemption from those broils and wars betweenthemselves, which so frequently afflict neighbouring countries not tied together by thesame governments, which their own rivalships alone would be sufficient to produce, butwhich opposite foreign alliances, attachments, and intrigues would stimulate andembitter. Hence, likewise, they will avoid the necessity of those overgrown military

establishments, which, under any form of government, are inauspicious to liberty, andwhich are to be regarded as particularly hostile to Republican Liberty. In this sense it is,that your Union ought to be considered as a main prop of your liberty, and that the loveof the one ought to endear to you the preservation of the other.

These considerations speak a persuasive language to every reflecting and virtuous mind,and exhibit the continuance of the union as a primary object of Patriotic desire. Is there adoubt, whether a common government can embrace so large a sphere? Let experiencesolve it. To listen to mere speculation in such a case were criminal. We are authorized tohope, that a proper organization of the whole, with the auxiliary agency of governmentsfor the respective subdivisions, will afford a happy issue to the experiment. It is well

worth a fair and full experiment. With such powerful and obvious motives to Union,affecting all parts of our country, while experience shall not have demonstrated itsimpracticability, there will always be reason to distrust the patriotism of those, who inany quarter may endeavour to weaken its bands.

In contemplating the causes, which may disturb our Union, it occurs as matter of seriousconcern, that any ground should have been furnished for characterizing parties byGeographical discriminations, Northern and Southern, Atlantic and Western; whencedesigning men may endeavour to excite a belief, that there is a real difference of localinterests and views. One of the expedients of party to acquire influence, within particulardistricts, is to misrepresent the opinions and aims of other districts. You cannot shieldyourselves too much against the jealousies and heart-burnings, which spring from thesemisrepresentations; they tend to render alien to each other those, who ought to be boundtogether by fraternal affection. The inhabitants of our western country have lately had auseful lesson on this head; they have seen, in the negotiation by the Executive, and in theunanimous ratification by the Senate, of the treaty with Spain, and in the universalsatisfaction at that event, throughout the United States, a decisive proof how unfoundedwere the suspicions propagated among them of a policy in the General Government andin the Atlantic States unfriendly to their interests in regard to the mississippi; they have been witnesses to the formation of two treaties, that with Great Britain, and that withSpain, which secure to them every thing they could desire, in respect to our foreignrelations, towards confirming their prosperity. Will it not be their wisdom to rely for the preservation of these advantages on the union by which they were procured? Will theynot henceforth be deaf to those advisers, if such there are, who would sever them fromtheir brethren, and connect them with aliens?

To the efficacy and permanency of your Union, a Government for the whole isindispensable. No alliances, however strict, between the parts can be an adequatesubstitute; they must inevitably experience the infractions and interruptions, which allalliances in all times have experienced. Sensible of this momentous truth, you have



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improved upon your first essay, by the adoption of a Constitution of Government bettercalculated than your former for an intimate Union, and for the efficacious management ofyour common concerns. This Government, the offspring of our own choice, uninfluencedand unawed, adopted upon full investigation and mature deliberation, completely free inits principles, in the distribution of its powers, uniting security with energy, and

containing within itself a provision for its own amendment, has a just claim to yourconfidence and your support. Respect for its authority, compliance with its laws,acquiescence in its measures, are duties enjoined by the fundamental maxims of trueLiberty. The basis of our political systems is the right of the people to make and to altertheir Constitutions of Government. But the Constitution which at any time exists, tillchanged by an explicit and authentic act of the whole people, is sacredly obligatory uponall. The very idea of the power and the right of the people to establish Government presupposes the duty of every individual to obey the established Government.

All obstructions to the execution of the Laws, all combinations and associations, underwhatever plausible character, with the real design to direct, control, counteract, or awe

the regular deliberation and action of the constituted authorities, are destructive of thisfundamental principle, and of fatal tendency. They serve to organize faction, to give it anartificial and extraordinary force; to put, in the place of the delegated will of the nation,the will of a party, often a small but artful and enterprising minority of the community;and, according to the alternate triumphs of different parties, to make the publicadministration the mirror of the ill-concerted and incongruous projects of faction, ratherthan the organ of consistent and wholesome plans digested by common counsels, andmodified by mutual interests.

However combinations or associations of the above description may now and thenanswer popular ends, they are likely, in the course of time and things, to become potentengines, by which cunning, ambitious, and unprincipled men will be enabled to subvertthe power of the people, and to usurp for themselves the reins of government; destroyingafterwards the very engines, which have lifted them to unjust dominion.

Towards the preservation of your government, and the permanency of your present happystate, it is requisite, not only that you steadily discountenance irregular oppositions to itsacknowledged authority, but also that you resist with care the spirit of innovation upon its principles, however specious the pretexts. One method of assault may be to effect, in theforms of the constitution, alterations, which will impair the energy of the system, andthus to undermine what cannot be directly overthrown. In all the changes to which youmay be invited, remember that time and habit are at least as necessary to fix the truecharacter of governments, as of other human institutions; that experience is the sureststandard, by which to test the real tendency of the existing constitution of a country; thatfacility in changes, upon the credit of mere hypothesis and opinion, exposes to perpetualchange, from the endless variety of hypothesis and opinion; and remember, especially,that, for the efficient management of our common interests, in a country so extensive asours, a government of as much vigor as is consistent with the perfect security of liberty isindispensable. Liberty itself will find in such a government, with powers properlydistributed and adjusted, its surest guardian. It is, indeed, little else than a name, where



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the government is too feeble to withstand the enterprises of faction, to confine eachmember of the society within the limits prescribed by the laws, and to maintain all in thesecure and tranquil enjoyment of the rights of person and property.

I have already intimated to you the danger of parties in the state, with particular reference

to the founding of them on geographical discriminations. Let me now take a morecomprehensive view, and warn you in the most solemn manner against the baneful effectsof the spirit of party, generally.

This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes in all governments, more orless stifled, controlled, or repressed; but, in those of the popular form, it is seen in itsgreatest rankness, and is truly their worst enemy.

The alternate domination of one faction over another, sharpened by the spirit of revenge,natural to party dissension, which in different ages and countries has perpetrated the most

horrid enormities, is itself a frightful despotism. But this leads at length to a more formaland permanent despotism. The disorders and miseries, which result, gradually incline theminds of men to seek security and repose in the absolute power of an individual; andsooner or later the chief of some prevailing faction, more able or more fortunate than hiscompetitors, turns this disposition to the purposes of his own elevation, on the ruins ofPublic Liberty.

Without looking forward to an extremity of this kind, (which nevertheless ought not to beentirely out of sight,) the common and continual mischiefs of the spirit of party aresufficient to make it the interest and duty of a wise people to discourage and restrain it.

It serves always to distract the Public Councils, and enfeeble the Public Administration. Itagitates the Community with ill-founded jealousies and false alarms; kindles theanimosity of one part against another, foments occasionally riot and insurrection. It opensthe door to foreign influence and corruption, which find a facilitated access to thegovernment itself through the channels of party passions. Thus the policy and the will ofone country are subjected to the policy and will of another.

There is an opinion, that parties in free countries are useful checks upon theadministration of the Government, and serve to keep alive the spirit of Liberty. Thiswithin certain limits is probably true; and in Governments of a Monarchical cast,Patriotism may look with indulgence, if not with favor, upon the spirit of party. But inthose of the popular character, in Governments purely elective, it is a spirit not to beencouraged. From their natural tendency, it is certain there will always be enough of thatspirit for every salutary purpose. And, there being constant danger of excess, the effortought to be, by force of public opinion, to mitigate and assuage it. A fire not to bequenched, it demands a uniform vigilance to prevent its bursting into a flame, lest,instead of warming, it should consume.

It is important, likewise, that the habits of thinking in a free country should inspire



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caution, in those intrusted with its administration, to confine themselves within theirrespective constitutional spheres, avoiding in the exercise of the powers of onedepartment to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form ofgovernment, a real despotism. A just estimate of that love of power, and proneness to

abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth ofthis position. The necessity of reciprocal checks in the exercise of political power, bydividing and distributing it into different depositories, and constituting each the Guardianof the Public Weal against invasions by the others, has been evinced by experimentsancient and modern; some of them in our country and under our own eyes. To preservethem must be as necessary as to institute them. If, in the opinion of the people, thedistribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way, which the constitution designates. But let there be no change by usurpation; for, though this, in one instance, may be the instrument ofgood, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient

benefit, which the use can at any time yield.

Of all the dispositions and habits, which lead to political prosperity, Religion andMorality are indispensable supports. In vain would that man claim the tribute ofPatriotism, who should labor to subvert these great pillars of human happiness, thesefirmest props of the duties of Men and Citizens. The mere Politician, equally with the pious man, ought to respect and to cherish them. A volume could not trace all theirconnexions with private and public felicity. Let it simply be asked, Where is the securityfor property, for reputation, for life, if the sense of religious obligation desert the oaths,which are the instruments of investigation in Courts of Justice? And let us with cautionindulge the supposition, that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reasonand experience both forbid us to expect, that national morality can prevail in exclusion ofreligious principle.

It is substantially true, that virtue or morality is a necessary spring of populargovernment. The rule, indeed, extends with more or less force to every species of freegovernment. Who, that is a sincere friend to it, can look with indifference upon attemptsto shake the foundation of the fabric ?

Promote, then, as an object of primary importance, institutions for the general diffusionof knowledge. In proportion as the structure of a government gives force to publicopinion, it is essential that public opinion should be enlightened.

As a very important source of strength and security, cherish public credit. One method of preserving it is, to use it as sparingly as possible; avoiding occasions of expense bycultivating peace, but remembering also that timely disbursements to prepare for dangerfrequently prevent much greater disbursements to repel it; avoiding likewise theaccumulation of debt, not only by shunning occasions of expense, but by vigorousexertions in time of peace to discharge the debts, which unavoidable wars may have



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occasioned, not ungenerously throwing upon posterity the burthen, which we ourselvesought to bear. The execution of these maxims belongs to your representatives, but it isnecessary that public opinion should cooperate. To facilitate to them the performance oftheir duty, it is essential that you should practically bear in mind, that towards the payment of debts there must be Revenue; that to have Revenue there must be taxes; that

no taxes can be devised, which are not more or less inconvenient and unpleasant; that theintrinsic embarrassment, inseparable from the selection of the proper objects (which isalways a choice of difficulties), ought to be a decisive motive for a candid construction ofthe conduct of the government in making it, and for a spirit of acquiescence in themeasures for obtaining revenue, which the public exigencies may at any time dictate.

Observe good faith and justice towards all Nations; cultivate peace and harmony with all.Religion and Morality enjoin this conduct; and can it be, that good policy does notequally enjoin it? It will be worthy of a free, enlightened, and, at no distant period, a great Nation, to give to mankind the magnanimous and too novel example of a people alwaysguided by an exalted justice and benevolence. Who can doubt, that, in the course of time

and things, the fruits of such a plan would richly repay any temporary advantages, whichmight be lost by a steady adherence to it ? Can it be, that Providence has not connectedthe permanent felicity of a Nation with its Virtue? The experiment, at least, isrecommended by every sentiment which ennobles human nature. Alas! is it renderedimpossible by its vices ?

In the execution of such a plan, nothing is more essential, than that permanent, inveterateantipathies against particular Nations, and passionate attachments for others, should beexcluded; and that, in place of them, just and amicable feelings towards all should becultivated. The Nation, which indulges towards another an habitual hatred, or an habitualfondness, is in some degree a slave. It is a slave to its animosity or to its affection, eitherof which is sufficient to lead it astray from its duty and its interest. Antipathy in onenation against another disposes each more readily to offer insult and injury, to lay hold ofslight causes of umbrage, and to be haughty and intractable, when accidental or triflingoccasions of dispute occur. Hence frequent collisions, obstinate, envenomed, and bloodycontests. The Nation, prompted by ill-will and resentment, sometimes impels to war theGovernment, contrary to the best calculations of policy. The Government sometimes participates in the national propensity, and adopts through passion what reason wouldreject; at other times, it makes the animosity of the nation subservient to projects ofhostility instigated by pride, ambition, and other sinister and pernicious motives. The peace often, sometimes perhaps the liberty, of Nations has been the victim.

So likewise, a passionate attachment of one Nation for another produces a variety ofevils. Sympathy for the favorite Nation, facilitating the illusion of an imaginary commoninterest, in cases where no real common interest exists, and infusing into one the enmitiesof the other, betrays the former into a participation in the quarrels and wars of the latter,without adequate inducement or justification. It leads also to concessions to the favorite Nation of privileges denied to others, which is apt doubly to injure the Nation making theconcessions; by unnecessarily parting with what ought to have been retained; and byexciting jealousy, ill-will, and a disposition to retaliate, in the parties from whom equal



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privileges are withheld. And it gives to ambitious, corrupted, or deluded citizens, (whodevote themselves to the favorite nation,) facility to betray or sacrifice the interests oftheir own country, without odium, sometimes even with popularity; gilding, with theappearances of a virtuous sense of obligation, a commendable deference for publicopinion, or a laudable zeal for public good, the base or foolish compliances of ambition,

corruption, or infatuation.

As avenues to foreign influence in innumerable ways, such attachments are particularlyalarming to the truly enlightened and independent Patriot. How many opportunities dothey afford to tamper with domestic factions, to practise the arts of seduction, to mislead public opinion, to influence or awe the Public Councils! Such an attachment of a small orweak, towards a great and powerful nation, dooms the former to be the satellite of thelatter.

Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens,) the jealousy of a free people ought to be constantly awake; since history and

experience prove, that foreign influence is one of the most baneful foes of RepublicanGovernment. But that jealousy, to be useful, must be impartial; else it becomes theinstrument of the very influence to be avoided, instead of a defence against it. Excessive partiality for one foreign nation, and excessive dislike of another, cause those whom theyactuate to see danger only on one side, and serve to veil and even second the arts ofinfluence on the other. Real patriots, who may resist the intrigues of the favorite, areliable to become suspected and odious; while its tools and dupes usurp the applause andconfidence of the people, to surrender their interests.

The great rule of conduct for us, in regard to foreign nations, is, in extending ourcommercial relations, to have with them as little political connexion as possible. So far aswe have already formed engagements, let them be fulfilled with perfect good faith. Herelet us stop.

Europe has a set of primary interests, which to us have none, or a very remote relation.Hence she must be engaged in frequent controversies, the causes of which are essentiallyforeign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves, by artificial ties, in the ordinary vicissitudes of her politics, or the ordinary combinationsand collisions of her friendships or enmities.

Our detached and distant situation invites and enables us to pursue a different course. Ifwe remain one people, under an efficient government, the period is not far off, when wemay defy material injury from external annoyance; when we may take such an attitude aswill cause the neutrality, we may at any time resolve upon, to be scrupulously respected;when belligerent nations, under the impossibility of making acquisitions upon us, will notlightly hazard the giving us provocation; when we may choose peace or war, as ourinterest, guided by justice, shall counsel.

Why forego the advantages of so peculiar a situation? Why quit our own to stand uponforeign ground? Why, by interweaving our destiny with that of any part of Europe,

Menards Training 4

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