UNIT 1: UNITED STATES GOVERNMENT AND CITIZENSHIP

PURPOSE OF GOVERNMENT

1. Establish Justice and Order

- Laws, Courts, Prisons, Money

2. Provide for the Common Defense

- Armed Services, Treaties and Diplomacy

3. Promote the General Welfare

- Public Goods and Services: Education, Welfare, Transportation, Health Care

4. Establish Liberty and Social Standards

- Rights and Freedoms, Acceptable Behavior

TYPES OF GOVERNMENT

Autocracy = Rule by One

Monarchy, Dictatorship

Oligarchy= Rule by the Few

Communism, Military Rule

Democracy = Rule by the People

Direct v. Indirect, Republic

Unitary System (All powers held by national government) Confederate System (Most power held by state governments) Federal System (Power is shared by national and state governments)

Presidential Government (separation of powers between executive and legislative branches, separate elections) Parliamentary Government (Prime Minister is executive, elected by and member of legislature)

FOUNDATIONS OF US GOVERNMENT

Enlightenment Thinkers:

John Locke: Natural Rights

Baron de Montesquieu: Separation of Powers

British Government

Magna Carta, Bill of Rights, Common Law

Colonial History and Experiences

British Imperialism, Failure of Articles of Confederation

Ancient Greece and Rome

Democracy, Republic, Rule by Law

MAJOR PRINCIPLES IN US GOVERNMENT

Federal Republic

Republic: People choose representatives that make decisions

Federalism: Division of powers between the national and state governments

Popular Sovereignty: People are the ultimate source of power

Rule by Law: Constitution is the Supreme Law of the Land

Separation of Powers: Division of powers between the executive, legislative, and judicial branches

Checks and Balances: each branch of government is subject to checks by the other branches

Limited Power: government may only do the things that the people have authorized it to do

Flexibility and Change: Formal and Informal Amendments allow government to adapt to changing times

CITIZENSHIP AND IMMIGRATION

Citizen: a person who owes allegiance to the United States and is entitled to both its protections and the privileges of its laws (defined by the 14th Amendment as all persons born or naturalized in the US)

Alien: A Citizen of a foreign state who lives in the US

Permanent Resident Alien (Immigrant): A Person who has been given the right to live in the US indefinitely, Issued a Green Card

Nonresident Alien: A person living in the United States for set amount of time; usually to attend school or because of a job; do not have Green Cards

Illegal Alien: A person living in the United States illegally

CURRENT IMMIGRATION LAWS

The United States government issues Green Cards to 675,000 immigrants annually.

Immigration policy is designed to reunify families, admit people with skills beneficial to the US economy, protect refugees and promote diversity.

Green Cards are denied to people with criminal backgrounds, communicable diseases, drug abusers and addicts, illiterates and mentally disturbed people who pose a threat to society.

Who receives these green cards is based on the following preferences:

Family- Based Immigration – 480,000

Employment –Based Immigration – 140,000

Refugees and Asylees – 70,000

Diversity Visa Program – 55,000

NATURALIZATION

Regulated by the US Citizenship and Naturalization Services (USCIS)

In order to qualify, Resident Aliens must :

live here for 5 years (3 if married to a US citizen)

be 18 years old

Fill out an application with USCIS that demonstrates continuous residency and demonstrate good moral character

Pay an application fee

pass the English and Civics test (Citizenship Test)

Take an oath of allegiance to the US

CITIZENSHIP

14th Amendment – All persons born or naturalized in the US

Citizenship by birth:

Jus Soli – ‘right of the soil’ – Anyone born in any US territory or state is a citizen

Jus Sanguinis – ‘right of blood’ – Anyone born to a US citizen (one or two parents) is a citizen

All residents and citizens must pay taxes, abide by US law, register for the draft and can utilize all public services

All Citizens may serve on Juries, Vote, and run for elected office

Expatriation – The Process of giving up citizenship

TAXES

In order to pay for public services, all people living in the US are required to pay several types of taxes.

Taxes are paid to federal, state, and local governments

These taxes serve as government revenue

The money the government spends is called expenditures

Budget: All governments have an operational budget that lasts for one year

Balanced Budget: When revenues match expenditures

Deficit: When expenditures are greater than revenues for the year

Surplus: When revenues exceed expenditures for the year

Debt: The sum total of money a government owns (all the deficits combined)

INCOME TAXES

Income Taxes: Generally paid on earned income to both federal and state governments

Progressive: people with higher salaries pay a greater percentage

PAYROLL TAXES

Payroll Taxes:

Social Security and Medicare – used to fund programs for retirees – people working today pay for today’s retirees – paid to federal government – Comes directly out of paychecks

Regressive: People with higher incomes pay a lower percent as a result of caps on earned income2014

Employee Employer

Social Security Taxes

6.2% in earnings up to $118,500

6.2% in earnings up to $118,500

Medicare Taxes

1.45% 1.45%

OTHER TAXES

Sales Taxes – Vary depending on state, NYC = 8.875 (Flat Tax)

‘Sin’ Taxes – Alcohol, Tobacco, Gambling, Gasoline

Estate Taxes – Tax paid on an estate after someone has died if value is over $5.4 Million

Gift Taxes – Tax paid on any gift valuing over $14,000

Property Taxes – Tax paid to local governments based on the assessed value of your property

SELECTIVE SERVICE REGISTRATION

The United States has not drafted men into the military since the Vietnam War

Today, All men between the ages of 18 and 25 must register for the draft (including citizens and resident aliens) in case a draft is ever needed

Failure to do so can result in a fine of $250,000 and up to five years in jail, however more commonly people are denied federal financial aid or jobs

Registration can be done online or by filling out a form at the US Post Office

Women are not required to register – Rostker v. Goldberg 1981

JURY DUTY Jury Duty is required in the Constitutions 5th, 6th, and 7th Amendments In order to serve on a jury you must be 18, a citizen, and not a convicted felon You can be called to a federal court or a local court Grand Jury v. Petit Jury (Criminal v. Civil) The Procedure:

Summons – You will receive a summons to appear in the mail – lists are generated from DMV, Tax Rolls, Voter Registration Lists, etc.

Reporting and Questionnaire Voir Dire – lawyers on both sides get to question the potential jurors Preemptory Strikes – Lawyers can dismiss a certain number of jurors who

they do not think will be good jurors for the case Instructions for Jurors: Jurors must presume innocence, have no bias (keep

an open mind), follow the law, and not discuss the case