American Government
📖 Learn
The American government is founded on principles established in the Constitution, which created a system of checks and balances, federalism, and protected individual rights. This lesson examines how the U.S. government is structured and how it functions.
Constitutional Principles
The U.S. Constitution (1787) is the supreme law of the land, establishing the structure of government and guaranteeing fundamental rights. It is based on several key principles:
Foundational Principles of American Government
| Principle | Definition | How It Works |
|---|---|---|
| Popular Sovereignty | Government power comes from the people | Elections, "We the People," consent of governed |
| Limited Government | Government can only do what Constitution allows | Enumerated powers, Bill of Rights |
| Separation of Powers | Power divided among three branches | Legislative, Executive, Judicial branches |
| Checks and Balances | Each branch can limit the others | Veto, judicial review, impeachment |
| Federalism | Power shared between national and state governments | Dual sovereignty, 10th Amendment |
The Three Branches of Government
Legislative Branch (Article I)
Structure: Bicameral Congress
- Senate: 100 members (2 per state), 6-year terms, confirms appointments, ratifies treaties
- House of Representatives: 435 members (by population), 2-year terms, originates revenue bills, impeaches
Powers: Make laws, declare war, tax and spend, regulate commerce, coin money, establish courts
How a Bill Becomes Law:
- Bill introduced in House or Senate
- Assigned to committee(s) for hearings and markup
- Debated and voted on by full chamber
- Passed bill goes to other chamber for same process
- Differences resolved in conference committee
- Identical bill passed by both chambers
- Sent to President: sign, veto, or pocket veto
- Congress can override veto with 2/3 vote in both chambers
Executive Branch (Article II)
Structure: President, Vice President, Cabinet, federal agencies
Presidential Powers:
- Formal powers: Commander-in-chief, grant pardons, make treaties (with Senate), appoint judges and officials (with Senate), veto legislation
- Informal powers: Executive orders, executive agreements, bully pulpit, party leadership
Elections: Electoral College system - candidates need 270 of 538 electoral votes
Term: 4 years, maximum 2 terms (22nd Amendment)
Judicial Branch (Article III)
Structure: Supreme Court (9 justices) and lower federal courts
Key Powers:
- Judicial review: Power to declare laws/actions unconstitutional (established in Marbury v. Madison, 1803)
- Interpret laws: Determine meaning and application of statutes
- Resolve disputes: Cases involving Constitution, federal law, states, foreign nations
Federal judges: Appointed for life ("during good behavior") to ensure independence
Checks and Balances in Action
| Branch | Checks on Executive | Checks on Legislative | Checks on Judicial |
|---|---|---|---|
| Legislative | -- | Override veto, impeachment, confirm appointments, control budget | Approve judges, impeach judges, constitutional amendments |
| Executive | Veto bills, call special sessions | -- | Appoint judges, pardon power |
| Judicial | Judicial review of laws | Judicial review of executive actions | -- |
Federalism
Federalism is the division of power between the national government and state governments. Both levels have their own sovereignty and direct authority over citizens.
Division of Powers in Federalism
| Delegated (Federal) | Reserved (State) | Concurrent (Both) |
|---|---|---|
| Declare war | Conduct elections | Tax |
| Coin money | Establish schools | Build roads |
| Regulate foreign trade | Regulate intrastate commerce | Establish courts |
| Raise armies | Set marriage/divorce laws | Enforce laws |
| Establish post offices | Establish local governments | Charter banks |
The Bill of Rights and Civil Liberties
The first ten amendments, known as the Bill of Rights, protect individual freedoms from government infringement:
| Amendment | Protection |
|---|---|
| 1st | Religion, speech, press, assembly, petition |
| 2nd | Right to bear arms |
| 3rd | No quartering of soldiers |
| 4th | Protection from unreasonable searches and seizures |
| 5th | Due process, no self-incrimination, double jeopardy, eminent domain |
| 6th | Right to speedy trial, counsel, confront witnesses |
| 7th | Right to jury trial in civil cases |
| 8th | No excessive bail, cruel and unusual punishment |
| 9th | Rights not listed are still protected |
| 10th | Powers not delegated to federal government reserved to states/people |
Civil Rights and Equal Protection
The 14th Amendment (1868) extended constitutional protections:
- Due Process Clause: States cannot deprive persons of life, liberty, or property without due process
- Equal Protection Clause: States must provide equal protection of laws to all persons
- Incorporation: Most Bill of Rights protections now apply to states through 14th Amendment
Political Participation
Voting and Elections
- Suffrage expansion: Originally limited to white male property owners; expanded by 15th (race), 19th (sex), 24th (poll tax ban), 26th (age 18) Amendments
- Primary elections: Party members select candidates (open vs. closed primaries)
- General elections: Voters choose between candidates from different parties
- Electoral College: Indirect election of president; winner-take-all in most states
Political Parties and Interest Groups
- Two-party system: Democrats and Republicans dominate; third parties rarely win but can influence
- Party functions: Nominate candidates, mobilize voters, organize government, develop positions
- Interest groups: Organizations that try to influence policy (lobbying, campaign contributions, grassroots)
- PACs and Super PACs: Political action committees that raise money for campaigns
💡 Examples
Analyze these scenarios involving American government principles.
Example 1: Checks and Balances in Action
Scenario: Congress passes a law requiring all social media companies to verify user identities. The President signs it. Several companies sue, arguing it violates the First Amendment.
Question: What checks and balances are at work here?
Analysis:
- Legislative power: Congress exercised its lawmaking power under the Commerce Clause
- Executive approval: President signed, giving executive assent (could have vetoed)
- Judicial review: Courts can review whether the law violates constitutional rights
Possible outcomes:
- Courts could strike down the law as unconstitutional (judicial check on legislative)
- Courts could uphold the law as a valid regulation of commerce
- If struck down, Congress could try to pass a narrower law or propose constitutional amendment
This demonstrates how each branch has a role in determining policy, and no single branch has final say.
Example 2: Federalism Conflict
Scenario: A state legalizes recreational marijuana, but federal law still classifies it as an illegal drug. Can the federal government enforce its law in that state?
Analysis:
Supremacy Clause (Article VI): Federal law is "supreme law of the land" when federal and state laws conflict.
However, complications exist:
- Anti-commandeering: Federal government cannot force states to enforce federal laws (Printz v. U.S.)
- Resource limits: Federal agencies lack resources to enforce everywhere
- Prosecutorial discretion: Executive branch decides enforcement priorities
In practice: Federal law technically prevails, but the federal government has generally chosen not to interfere with state-legal marijuana programs. This shows how federalism creates room for state experimentation even when laws conflict.
Example 3: Applying the Bill of Rights
Scenario: A public school suspends a student for a social media post criticizing school administration, made from home on a weekend.
Question: Does this violate the student's First Amendment rights?
Key principles:
- Tinker v. Des Moines (1969): Students don't "shed their constitutional rights at the schoolhouse gate"
- But schools can regulate: Speech that causes "substantial disruption" or invades others' rights
- Mahanoy v. B.L. (2021): Schools have limited authority over off-campus speech
Analysis:
- The speech occurred off-campus, on personal time
- Criticism of administration is political speech, which has strong protection
- School must show speech caused substantial disruption, not just that they disliked it
Likely outcome: Unless the post threatened violence or caused serious disruption at school, the suspension likely violates the First Amendment. Schools cannot punish students simply for expressing opinions they disagree with.
Example 4: The Legislative Process
Scenario: A bill to expand healthcare passes the House 250-185 but fails in the Senate 52-48 because it needed 60 votes to overcome a filibuster.
Question: Why did this happen, and is it constitutional?
Explanation:
- Filibuster: Senate rule allowing unlimited debate unless 60 senators vote for cloture (to end debate)
- Not in Constitution: The Constitution only requires simple majority for most votes
- Senate rules: Each chamber sets its own rules (Article I, Section 5)
Arguments for filibuster:
- Protects minority rights in the Senate
- Encourages bipartisan compromise
- Prevents rapid, poorly-considered changes
Arguments against:
- Allows minority to block majority will
- Not what Founders intended
- Contributes to gridlock and dysfunction
The filibuster is constitutional because the Constitution lets Senate set its rules, but it remains controversial.
Example 5: Electoral College Analysis
Scenario: Candidate A wins the popular vote with 51% but loses the Electoral College 268-270. Candidate B becomes president.
Question: How is this possible, and is it constitutional?
How it works:
- President is elected by Electoral College, not popular vote
- Each state gets electors equal to its Congressional representation (House + Senate)
- Most states use winner-take-all: whoever wins state popular vote gets all electors
Why popular vote winner can lose:
- Running up margins in some states doesn't help after winning them
- Winning many small states (which have minimum 3 electors) can offset losing big states
- Narrow wins in swing states matter more than landslides elsewhere
Constitutional?: Yes. Article II and 12th Amendment establish Electoral College. This has happened in 1876, 1888, 2000, and 2016.
Debate: Critics say it's undemocratic; defenders say it protects federalism and prevents candidates from ignoring smaller states.
✏️ Practice
Test your understanding of American government.
1. The principle that government can only exercise powers granted by the Constitution is called:
A) Popular sovereignty
B) Limited government
C) Federalism
D) Judicial review
2. The power of the Supreme Court to declare laws unconstitutional is called:
A) Original jurisdiction
B) Checks and balances
C) Judicial review
D) Habeas corpus
3. Which body has the power to impeach the President?
A) Senate
B) House of Representatives
C) Supreme Court
D) Cabinet
4. The 10th Amendment reserves powers not delegated to the federal government to:
A) The President
B) The Supreme Court
C) The states or the people
D) Congress
5. Which amendment guarantees freedom of speech, religion, and the press?
A) 1st Amendment
B) 4th Amendment
C) 5th Amendment
D) 14th Amendment
6. The Equal Protection Clause, which requires states to treat people equally under the law, is found in:
A) Article I of the Constitution
B) The 5th Amendment
C) The 14th Amendment
D) The 19th Amendment
7. How many electoral votes are needed to win the presidency?
A) 218
B) 270
C) 300
D) 51%
8. A Senator serves a term of:
A) 2 years
B) 4 years
C) 6 years
D) Life
9. Which of the following is a concurrent power (shared by federal and state governments)?
A) Declaring war
B) Coining money
C) Collecting taxes
D) Conducting foreign policy
10. The case Marbury v. Madison (1803) is significant because it:
A) Ended slavery
B) Established judicial review
C) Protected free speech
D) Created the Electoral College
Answer Key
- B - Limited government means government can only exercise specifically granted powers.
- C - Judicial review is the power to determine if laws violate the Constitution.
- B - The House impeaches (brings charges); the Senate tries impeachment cases.
- C - The 10th Amendment reserves non-delegated powers to states or the people.
- A - The 1st Amendment protects speech, religion, press, assembly, and petition.
- C - The 14th Amendment (1868) contains the Equal Protection Clause.
- B - 270 of 538 electoral votes are needed to win.
- C - Senators serve 6-year terms (House members serve 2 years).
- C - Both federal and state governments can collect taxes.
- B - Marbury v. Madison established the Supreme Court's power of judicial review.
✅ Check Your Understanding
Reflect on these deeper questions about American government.
1. Why did the Founders create a system of checks and balances rather than giving one branch supreme power?
Consider this
The Founders feared tyranny, having experienced British monarchy and seen examples of absolute power throughout history. They believed that power naturally tends to accumulate and corrupt. By dividing power among branches with different constituencies, terms, and methods of selection, they aimed to ensure that ambition would counteract ambition. No single faction or leader could easily dominate. The system was designed to make change slow and deliberate, requiring broad consensus. Critics argue this creates gridlock; defenders say it prevents hasty, ill-considered changes.
2. How has the balance of power between federal and state governments changed over time?
Consider this
The federal government has generally expanded in power since the founding. Key shifts: The Civil War established federal supremacy over states. The New Deal expanded federal economic regulation. The civil rights era used federal power to override state discrimination. Federal spending (with conditions) influences state policies. However, recent decades have seen some revival of states' rights arguments and Supreme Court decisions limiting federal power. The Commerce Clause interpretation has gone back and forth. Issues like marijuana legalization, immigration, and environmental policy show ongoing federalism tensions.
3. Are First Amendment protections too broad, too narrow, or about right? Consider hate speech, campaign finance, and online speech.
Consider this
The U.S. has unusually broad speech protections compared to other democracies. Arguments for broad protection: free speech is essential for democracy, self-governance, and seeking truth; who decides what speech is harmful?; slippery slope concerns. Arguments for more limits: some speech causes real harm (harassment, incitement); campaign spending isn't really "speech"; online platforms enable unprecedented harms. Current doctrine protects most speech but allows limits on incitement to imminent violence, true threats, and some commercial speech. Social media has raised new questions about private platform moderation vs. government regulation.
4. Does the Electoral College serve a useful purpose in modern America, or should it be replaced with direct popular vote?
Consider this
Arguments for keeping Electoral College: Preserves federalism; ensures geographic diversity matters; prevents candidates from ignoring smaller states; reduces impact of fraud in any one state; reflects original constitutional design.
Arguments for popular vote: More democratic—every vote counts equally; current system means only swing states matter; winner-take-all isn't in Constitution; twice in recent history popular vote winner lost; would increase voter turnout in "safe" states.
Changing would require constitutional amendment (difficult) or interstate compact (constitutionally uncertain). This debate reflects fundamental questions about democracy vs. federalism.
🚀 Next Steps
- Review any concepts that felt challenging
- Move on to the next lesson when ready
- Return to practice problems periodically for review