Structure of the Federal Government

The Federal GovernmentWhat is it and Why does it matter?

What does “government” mean to you?

What is government?

“Government is not reason, it is not eloquence – it is force” ~ George Washington

Only institution that has the power to…• Take Property• Imprison People• Execute People

Our Government: A History Lesson

• Was this guy the first president of the United States of America?

• On April 30, 1789, George Washington, standing on the balcony of Federal Hall on Wall Street in New York, took his oath of office as the first President of the United States.

Then who the heck was this guy?

• Peyton Randolph• First President of the

Continental Congress’ United Colonies of America

• 9/08/1774-10/22/1774

• The First Continental Congress convened in Philadelphia on September 5, 1774. The idea of such a meeting was advanced a year earlier by Ben Franklin, but failed to gain much support until after the Port of Boston was closed in response to the Boston Tea Party.

• Twelve of the 13 colonies sent delegates. Which one did not?

First Continental Congress

• Some of the most prominent figures of the era were among the 55 delegates in attendance, including George Washington, Samuel Adams, John Adams (2nd president & cousin to Samuel), Patrick Henry, Richard Henry Lee, John Jay and John Dickinson.

John Adams

• Admitted to Massachusetts Bar, 1761; Elected to Massachusetts Assembly, 1770; Attended First Continental Congress, 1774-'76; Signed Declaration of Independence,

Samuel Adams

• If ye love wealth greater than liberty, the tranquility of servitudegreater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch downand lick the hand that feeds you; May your chains set lightly uponyou, and may posterity forget that ye were our countrymen.

•                                            —Samuel Adams

Patrick Henry

• “Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!

• March 23, 1775.

Richard Henry Lee

• His resolution "that these United Colonies are, and of right ought to be, free and independent States," approved by the Continental Congress July 2, 1776, was the first official act of the United Colonies that set them irrevocably on the road to independence.

John Jay

• First Chief Justice of the Supreme Court of the United States,

Who is this?

John Dickinson

• Dickinson was a delegate to both Continental Congresses and created a minor furor by refusing to sign the Declaration of Independence.

• The United States’ Declaration of Independence was an act of the Second Continental Congress, adopted on July 4, 1776, which declared that the 13 Colonies in North America were "Free and Independent States" and that "all political connection between them and the State of Great Britain, is and ought to be totally dissolved."

Second Continental Congress

• On May 10, 1775, the members of the Second Continental Congress met at the State House in Philadelphia. There were several new delegates including: John Hancock from Massachusetts, Thomas Jefferson of Virginia, and Benjamin Franklin from Pennsylvania.

John Hancock

• In 1768 his sloop Liberty was impounded by customs officials at Boston Harbor, on a charge of running contraband goods. A large group of private citizens stormed the customs post, burned the government boat, and beat the officers, causing them to seek refuge on a ship off shore. Soon afterward, Hancock abetted the Boston Tea Party.

• The signature of John Hancock on the Declaration of Independence is the most flamboyant and easily recognizable of all.

Thomas Jefferson

• Secretary of state under George Washington,

• Vice-president in the administration of John Adams

• President of the United States from 1801 to 1809.

Benjamin Franklin

• Statesman, scientist, inventor, publisher of the Pennsylvania Gazette, author of Poor Richard's Almanac, member of the Continental Congress and the Constitutional Convention, signer of the Declaration of Independence, first U.S. Postmaster General, American commissioner to Paris.

• The Declaration of Independence 4/4/1776

• The U.S. Constitution 9/17/1787• Eleven years between the two. • And still 2 more years before we

actually elect George Washington as president!!

• The United States Constitution was adopted on September 17, 1787, by the Constitutional Convention and later by conventions in each state; it has since been amended twenty-seven times,

• the first ten amendments being known as the Bill of Rights.

• The U.S. Constitution is the world's oldest federal constitution.

• The handwritten, or "engrossed", original document is on display at the National Archives and Records Administration in Washington, D.C.

Three Branches of Government

• The Executive Branch• The President• Cabinet• Executive Office of the President

• The Legislative Branch• House of Representatives• Senate

• The Judicial Branch• Supreme Court

The Executive Branch

PRESIDENTIAL QUIZ

44th President: Barack Obama

The Basics of the Presidency

• Can be elected for up to two terms of four years each

• Must be a Natural Born Citizen• 35 Years Old• Have lived in the U.S. for 14 years

• Can this guy be president?

• If we do what?

The Vice President

• President of the Senate• Tie-Breaker

• Second in line for the Presidency

• Previously the VP was distanced because if a disagreement came up then the President cannot fire the VP.

Vice President Joe Biden

Types of Presidential Power

• Power to Inform-- State of the Union, Bully Pulpit

• Veto Power• Appointment Power• Power to Recommend• Commander-in-Chief

The Effect of Appointment Poweron the Consumer

• President names the heads of Regulatory Agencies.

• Then must be confirmed by the Senate.• Gives the President the ability to

influence regulatory policy.

Inherent Executive Power

“The executive power shall be vested in a President” ~ U.S. Constitution

• Executive Orders• Is a presidential directive that has the

force of law, though it is not enacted by Congress.

• Armed Services EO by Truman• Desegregation of schools EO by

Eisenhower

Inherent Executive Power

Executive Orders• Carter and concern for Consumers

• 12160 - Enhancement and coordination of federal consumer programs

• 12265 - Providing for enhancement and coordination of Federal consumer programs

Executive Privilege

• EXECUTIVE PRIVILEGE refers to the assertion made by the President or other executive branch officials when they refuse to give Congress, the courts, or private parties information or records which have been requested or subpoenaed, or when they order government witnesses not to testify before Congress.

The President’s Cabinet

• Appointed by the President• The Secretary of 15 major DepartmentsAgriculture

Commerce

Defense

Education

Energy

Health and Human Services

Homeland Security

Housing and Urban Development

Interior

Justice

Labor

State

Transportation

Treasury

Veterans Affairs

White House Webpage

The President’s Staff

The Executive Office of the President• Council of Economic Advisers • Council on Environmental Quality • Office of Administration • Office of Management and Budget • Office of National Drug Control Policy • Office of Science & Technology Policy • President's Foreign Intelligence Advisory

Board • United States Trade Representative • White House Office

1,800 Employees

The President’s Staff

White House Offices• Domestic Policy Council • Homeland Security Council • National Economic Council • Office of Faith-Based and Community Initiatives • Office of the First Lady • Office of National AIDS Policy • Privacy and Civil Liberties Oversight Board • USA Freedom Corps • White House Fellows Office • White House Military Office

White House Consumer Advisor

• 1964 – Esther Peterson • Personnel in the White House worked

to sustain the consumer interest through the U.S. Office of Consumer Affairs

• Closed in the 1990’s

The Bureaucracy

• What does it mean? • Organization designed to perform a

particular set of tasks• Red Tape• Professional Civil Servants• Two million employees

The Legislative Branch

The Legislative Branch: Congress

Bi-Cameral Legislature (Two-Branches)1. House of Representatives: Lower

Chamber2. Senate: Upper Chamber

The House of Representatives

• 435 Voting Members256 Democrats

178 Republicans1 Vacancy

• Requirements 25 years old, lived in U.S. for 7 years and a resident of the area that they represent

• Two-Year Term

Congressional Leaders: House of Representatives

Speaker of the HouseMajority LeaderMajority Whip

Minority LeaderMinority Whip

• Nancy Pelosi (CA)• Steny Hoyer (MD)• James Clyburn (SC)

• John Boehner (OH)• Eric Cantor (VA)

Your Representative

• Each District has about 650,000 people based on the census

• Districts are redrawn every 10 years

What Does YOUR Representative do for YOU?

• The interests of your district• Serves on committees• Speaks on the floor of the House• Tries to get money back to the district• Raises money to get re-elected• Assist constituents with Gov’t agencies

• District Offices

The Senate

• Two Senators per State, Currently: • 57 Democrats• 2 Independents• 40 Republicans• One race not yet called (minnesota)

The Senate

• Serve Six-Year Term• One-third of the Senate up for re-election

every two years• Must be 30 Years Old, Citizen for 9 years,

inhabitant of the state they represent• Sixteen Standing Committees

Congressional Leaders: Senate

President of the SenatePresident Pro TemMajority LeaderMajority Whip

Minority LeaderMinority Whip

• Joe Biden

• Robert Byrd(WV)• Harry Reid (NV)• Richard Durbin (IL)

• Mitch McConnell (KY)• John Kyl (AZ)

Congressional Power: From the Constitution

• Declare War• Raise and support armies• Lay and Collect Taxes• Ratify Treaties• Borrow Money• Regulate Interstate Commerce• Coin Money• Establish Post Offices• Issue Patents and Copyrights

Let’s look at that “borrow money” a little closer…

• http://www.cbc.ca/world/story/2008/10/03/us-bail.html

Congressional Investigation

• Agency Oversight• Confirmation Hearings• Investigative Hearings

• Transportation Recall Enhancement, Accountability and Documentation Act 2000 (TREAD)

The Judicial Branch

The Supreme Court

• Nine Justices: Associates and 1 Chief• Appointed for Life• Appointed by the President and

Confirmed by the Senate

The Justices

• John Roberts, Chief• John Paul Stevens• Antonin Scalia• Anthony Kennedy• David Souter

• Clarence Thomas• Ruth Bader

Ginsberg• Steven Breyer• Samuel Alito

The Appointment Process

• President nominates someone• Lots of Media Scrutiny• Senate holds confirmation hearings

• Trying to understand what this person will be like as a justice

• Senate votes: Need majority approval

Who is this woman?

The Power of the Supreme Court

• Judicial Review: The power of the court to declare laws made by Congress and State Legislatures null and void if they are in violation of the Constitution

• Base their decisions on• The Constitution• Precedence: Decisions in Previous Cases

Way of Interpreting the Constitution

• Original IntentWhat the founding fathers meant when they wrote the constitution

• Living Constitution TheoryConsider the Constitution in light of the total history of the U.S.

• Plain Meaning of the TextExamines laws in light of what the words of the Constitution say

Other Thoughts on the Supreme Court…

• Justices appointed for life or until they choose to retire – good or bad thing?

• In class……What makes a good Justice?

More thoughts on the Federal Government

Separation of Powers

• Definition: A system of government in which different institutions exercise different components of governmental power

• Checks and Balances: system put in place by the founders that gives each branch the power to block the actions of others

Congressional Checks on Presidential Power

Presidential Power Congressional Check

Make Treaties Ratify by 2/3 Senate

Appoint Judges Senate must confirm

Commander-in-Chief Congress declares war

Veto Legislation 2/3 vote to override

Execute Laws Enacted by Congress

Who checks Congress and the Supreme Court?

CONGRESS• Judicial Review!• The Public

SUPREME COURT• Senate when they vote on Justices

Federalism and Dual Sovereignty

• Big words that mean both the state and federal government have power within their own sphere

Federal Legislature State LegislatureTax Tax

Regulate Interstate Commerce

Regulate Intrastate Commerce

Declare War Education

Coin Money Maintain Parks, Prisons

Manage programs (Medicaid)

So… Why does all this matter to me?

Your Day and How the Federal Government affects it….• Your alarm clock• The lights in your room• How you know what to wear• What you eat• Roads you drive on• Worker protections• What you can download on your iPod• Mailing letters and bills• How many telemarketers call your house• The pillow and mattress you sleep on

The Uhl Model

Adopted from: Uhl, J. (1971). Consumer Education and protection:A synergistic relationship.

Public Policy/Regulation

• Why do we need regulations?• To prevent undesirable actions• Markets may not workless than perfect

competition• Monopolies• Externalities

• Consumers lack information on important matters• Adverse consequences on health/safety• Adverse consequences on financial well-being

Why is this study tour important?

• It puts us in the mix of the Uhl Model. • We are learning about consumer

welfare by going to the place where public policy occurs!