American Studies U.S

AAMMEERRIICCAANN SSTTUUDDIIEESS

U.S. POLITICAL SYSTEM

Compiled and edited by: MKRTICH AVAGYAN ANNA ARUTSHYAN

ÐÐ ÎðÂàôÂÚ²Ü ºì ¶ÆîàôÂÚ²Ü Ü²Ê²ð²ðàôÂÚàôÜ ºðºì²ÜÆ ì.´ðÚàôêàìÆ ²Üì²Ü äºî²Î²Ü Èº¼ì²´²Ü²Î²Ü Ð²Ø²Èê²ð²Ü

AMERICAN STUDIES U.S. POLITICAL SYSTEM

Compiled and edited by: MKRTICH AVAGYAN ANNA ARUTSHYAN

§ÈÆÜ¶ì²¦ Ðð²î²ð²ÎâàôÂÚàôÜ ºðºì²Ü 2005

AMERICAN STUDIES: POLITICAL SYSTEM ²Ù»ñÇÏ³ÛÇ »ñÏñ³·ÇïáõÃÛáõÝ: ø³Õ³ù³Ï³Ý Ñ³Ù³Ï³ñ·: ºñ.: ÈÇÝ·í³, 2005. – 18 ¿ç:

Ð»ÕÇÝ³ÏÝ»ñ ¨ Ï³½ÙáÕÝ»ñ` ºñäÈÐ-Ç »ñÏñ³·ÇïáõÃÛ³Ý ³ÙµÇáÝÇ ¹áó»Ýï, ÷.·.Ã Ø.Ð. ²í³·Û³Ý

ºñäÈÐ-Ç ³Ý·É»ñ»ÝÇ ï»ëáõ- ÃÛ³Ý ³ÙµÇáÝÇ ¹³ë³Ëáë ².Ø. ²ñáõ×Û³Ý

¶ñ³Ëáë` ÐÐ ¶ÇïáõÃÛáõÝÝ»ñÇ ³½·³ÛÇÝ ³Ï³¹»ÙÇ³ÛÇ ä³ïÙáõÃÛ³Ý ÇÝëïÇïáõïÇ ïÝûñ»Ý ². Ø»ÉÇùÛ³Ý

ISBN 99930-79-57-x © §ÈÇÝ·í³¦, 2005Ã. TABLE OF CONTENT

CHAPTER 1...... 6 THE STATE AND ITS ORIGIN 1.1 State ...... 7 1.2 Major types of government...... 8 1.3 Federalism ...... 10 Assignments: ...... 11 CHAPTER 2...... 14 THE DECLARATION OF INDEPENDENCE 2.1 Historical Background...... 15 2.2 Ratification ...... 17 Assignments: ...... 18 CHAPTER 3...... 20 THE CONSTITUTION OF THE UNITED STATES OF AMERICA 3.1 Articles of Confederation...... 21 3.2 Constitutional Convention ...... 23 3.3 Bill of Rights ...... 25 3.4 Role of Constitution...... 26 3.5 Structure...... 28 3.6 Founding Fathers ...... 30 3.7 Conclusion...... 31 Assignments: ...... 32 CHAPTER 4...... 35 EXECUTIVE BRANCH 4.1 Presidency...... 36 4.2 Powers and Responsibilities ...... 37 4.3 Leadership ...... 40 4.4 Requirements and Qualifications...... 40 4.5 Term and Salary...... 42 4.6 Presidential Inauguration ...... 43 4.7 Executive Office of the President ...... 45 4.8 Order of Presidential Succession and Disability...... 47 4.9 Vice President: Role and Duties ...... 48 4.10 Conclusion...... 49 Assignments: ...... 50 CHAPTER 5...... 52 LEGISLATIVE BRANCH 5.1 Congress ...... 53 5.2 Senate and House of Representatives ...... 54

3 5.3 Powers of Congress ...... 56 5.4 House of Representatives...... 58 5.5 Senate...... 60 5.6 Differences between the Senate and the House ...... 63 5.7 Work of Congressional Committees...... 64 5.8 Lawmaking Process of the House...... 66 Assignments: ...... 69 CHAPTER 6...... 72 POLITICAL PARTIES 6.1 Functions of Political Parties ...... 73 6.2 American political party system ...... 74 6.3 Development of the American Party System...... 75 6.4 History of American two major parties ...... 77 6.5 Third Parties in American Politics...... 79 6.6 The Structure of Political Parties ...... 80 Assignments: ...... 81 CHAPTER 7...... 83 JUDICIAL BRANCH 7.1 General information...... 84 7.2 Jurisdiction of the Courts...... 84 7.3 Supreme Court...... 86 7.4 Election of Judges...... 87 Assignments: ...... 89 CHAPTER 8...... 91 STATE GOVERNMENT 8.1 State Constitutions...... 92 8.2 State Legislatures...... 94 8.3 Governor and State Administration ...... 96 8.4 State Court Systems...... 98 Assignments: ...... 99 CHAPTER 9...... 101 ELECTIONS AND VOTING 9.1 Election Process...... 102 9.2 Presidential Elections and Pre-Election Campaign...... 107 Assignments: ...... 112 CHAPTER 10...... 113 CITIZENSHIP AND CIVIL LIBERTIES 10.1 Becoming a U.S. Citizen...... 114 10.2 Responsibilities of Citizens ...... 116 10.3 Civil liberties of Citizens ...... 117 10.4 Human Freedoms...... 118

4 Assignments: ...... 122 CHAPTER 11...... 124 ORGANIZATION OF THE ARMENIAN-AMERICAN COMMUNITY 11.1 Exodus of Armenians to USA ...... 125 11.2 Social-Economic Condition...... 126 11.3 Public-Political Life...... 126 11.4 Spiritual-Cultural Life...... 128 Appendix 1: ...... 130 Declaration of Independence ...... 130 Appendix 2: ...... 135 U.S. Constitution...... 135 OTHER AMENDMENTS...... 151 Appendix 3: ...... 160 Glossary Appendix 4: ...... 166 Do you know? Appendix 5: ...... 169 US Presidents in Succession Appendix 6: ...... 174 Main Governmental Buildings: 1. White House ...... 174 2. U.S. Capitol ...... 182

5 CHAPTER 1

THE STATE AND ITS ORIGIN

“Democracy: government of the people, by the people and for the people”

Abraham Lincoln

6 1.1 State

Government is among the oldest of all human inventions. Its origins are lost in the mists of prehistoric times. More than 2.300 years ago, Aristotle wrote that “man is by nature a political animal”. Aristotle was only recording what, even then had been obvious for thousands of years. Government first appeared when human beings realized that they could not live without it. Government emerged when people realized that they could not survive without some form of authority, some power that could regulate both own and neighbor’s conduct.

Over the long course of human history, the state has emerged as the dominant political unit in the world. The state may be defined in these terms: a body of people, living in a defined territory, recognized politically and having the power to make and enforce law without the consent of any higher authority. There are more than 160 states in the world today. They vary greatly in size and military power, natural resources and economic importance, and many other factors. But each of them, however, has all four of the characteristics in the following definitions: population, territory, sovereignty and government. Population: Clearly, there must be people. The size of the population is not essential to the existence of a state, however. Territory: Just as there must be people, so must there be land, territory with known and recognized boundaries. Sovereignty: Every state has supreme and absolute power within its own territory. This is known as sovereignty. Each state may decide its own policies and courses of action, both foreign and domestic. It is neither subordinate nor responsible to any other authority. Government: Every state is politically organized. That is, every state has a government. Government is the institution through which the public policies of a state are made and enforced; all of its other affairs are conducted. In other words, government is the agency through which the state exerts its will and works to accomplish its goals.

7 1.2 Major types of government

There are many ways to classify governments. The most time- honored system comes from the ideas of the ancient Greek philoso- pher Aristotle. It is based on a key question-who governs the state? Under this system, all governments belong to one of three major groups: 1) autocracy-rule by one person; 2) oligarchy-rule by a few persons; or 3) democracy-rule by many persons. Autocracy: Any system of government in which the power and authority to rule are in the hands of a single individual is called an autocracy. This is certainly one of the oldest types of government and most autocrats have maintained their positions of authority by inheritance or the ruthless use of power. There are several different forms of autocracy. One is absolute or totalitarian dictatorship. In a totalitarian dictatorship, the ideas of a single leader or group of leaders are glorified and the government seeks to control totally all aspects of social and economic life (e.g. Adolf Hitler, Benito Mussolini, Josef Stalin). In such dictatorships, government is not responsible to the people and cannot be limited by them. Monarchy is another form of autocratic government. In a monarchy a king, queen, or emperor exercises the supreme powers of government. Monarchs usually acquire their positions by inheritance. Abso- lute monarchs have complete and unlimited power to rule their people (e.g. king of Saudi Arabia). Absolute monarchs are fairly rare today, but from the 1400’s to the 1700’s many Western European countries were ruled by kings or queens with absolute powers. These monarchs based their power on the idea of divine rights. In time, this idea was replaced by the idea that the ruler’s power came not from God but from the people. Today some countries such as Great Britain, Sweden, Norway, and the Netherlands have constitutional monarchs. These monarchs are kings or queens who share governmental powers with elected legislatures and serve mainly as the ceremonial leaders of their government. The real power to govern is found in a government described in a constitution. Oligarchy Any system of government in which a small elite group holds power is called an oligarchy. The source of power for the elite

8 is usually wealth, military power, social position or a combination of these elements. Sometimes religion is the source of power. Both dictatorships and oligarchies sometimes claim they rule for the people. Such governments may attempt to give the appearance of control by the people. Thus, “elections” may be held, but voters are offered the choice of only one candidate, or the election results are controlled in other ways. Such governments may also have some type of legislatures or national assembly elected by or representing the people. However, these legislatures only rubber-stamp policies and decisions already made by the leaders. As in a dictatorship, oligarchies usually suppress all political opposition –sometimes ruthlessly-and the people have no real direct control or influence over their government. Democracy Any system of government in which rule is realized by the people is called democracy. The term democracy comes from the Greek demos (“people”) and kratia (“rule”) or putting the two words together rule by the people. Pericles, a great leader of ancient Athens, declared: “Our constitution is named a democracy because it is in the hands not of the few, but of the many”. The key idea of democracy is that it is the people who hold sovereign power. Thus, government is conducted by and with the people’s consent. Abraham Lincoln best captured this spirit in describing democracy as “government of the people, by the people, and for the people”. Democracy may take one of two forms: direct democracy and indirect democracy. In a direct democracy the people govern themselves by voting on issues in meetings attended by the citizens. Direct democracy is possible only in small societies where citizens can actually meet together regularly to discuss and decide key issues and problems. Today no country has a government based on direct democracy. In indirect or representative democracy a small group is elected by the people to act as their representatives in making laws and conducting government. An assembly of the people’s representatives may be called a council, a legislature, a congress, or a parliament which is responsible for running the government for people.

Thus, we try to give definitions to the basic forms of government and summing up we can say that today the most effective type of ruling is considered to be the oldest but at the same time fresh form of government called democracy.

9 So as further we are going to discuss the form of government in the USA, let’s speak a little bit about the conception of American democracy. In late May in 1787 a group of men met in Philadelphia to design a new government for their new country. The government they pro- duced after nearly four months of discussion, argument, and compromise, was put into written form in the remarkable document that is known as the Constitution of the United States. As one of the founding fathers, Benjamin Franklin was leaving the last session of the Constitutional Convention; a woman approached him and asked, “What kind of government have you given to us, Dr. Franklin: a republic or a monarchy?” Franklin answered, “A republic, Madam, if you can keep it”. Franklin’s response indicated that the Founders preferred the term “republic” to clearly distinguish the form of representative democracy from direct democracy. In a republic, sovereign power is held by the voters and is exercised by elected representatives who are responsible to the people. The Founders realized that for centuries the idea of democracy was viewed by many people as a dangerous idea that meant mob rule. And they themselves shared some of this concern. The Founders preferred to think of their work as creating a constitutional republic in which the people rule through elected representatives whose powers are limited by a written constitution. For most Americans today, the terms “representatives democracy” and “republic” mean basically the same thing. But it should be mentioned that not every democracy is republic. Great Britain is a democratic country but not a republic because it has a constitutional monarch as the head of the state.

1.3 Federalism

Federalism is indeed the most striking aspect of the American Con- stitution. It may be defined as the division of political power between a central government, and a number of state governments. Thus, con- tiguous states associate themselves under a common central government. They retain a portion of their authority and jurisdiction, the rest of which is transferred to the central government. The United States is not the only government to establish a federal union. Swit-

10 zerland became a federal state in 1848, Canada in 1867, Germany in 1867, and Australia in 1900. There is a difference between a federal union and a confederation which is an association of sovereign states. These states delegate certain limited powers to a central authority however, they retain their full sovereignty. They even possess the right to withdraw from the association. The Greeks sometimes temporarily banded themselves into a confederation.

Assignments:

Keynote Questions: • What are the four main characteristics of a state? • What is the difference between a state and a government? • What is the difference between autocracy and democracy? • How does representative democracy differ from direct democracy? • What are the characteristics of democracy that distinguish it from other forms of government?

For Though and Discussion • One of the principles of democracy is: majority rule alongside with minority rights protection. How are the rights of the minorities protected in Armenia? • Political thinkers have speculated that at one time human beings lived without laws or governments. Why do you think that early people decided to devise laws and governments? What form of government do you suppose was tried first and why? • Although democracy dates back to the ancient Greeks, it has been practiced very infrequently and in very few countries. Why? Specify your answer.

Suggested Activities • Suppose that your group has been sent into space to start a colony on a planet and must devise a plan of government for it. Set up a plan of government that establishes goals

11 for the group, determines how a leader will be chosen and decides how rules will be made and enforced. • Prepare a chart that compares the following forms of government: totalitarian dictatorship, absolute monarchy, constitutional monarchy, oligarchy, direct democracy, republic. Give examples of each form of government by listing countries. • Prepare a poster to display in class that illustrates the characteristics of democracy.

Mystery Word Puzzle

To find the mystery word, write the answers horizontally to each clue in the blanks provided. The highlighted boxes, which contain the key letters, will spell out the secret word.

1 1 2 3 4 5 6 7 8 9

1. The U.S. Capitol is located in the ______of Columbia. (8 letters, key = 1st letter) 2. The President can do this to prevent a bill from becoming a law. (4 letters, key = 2nd letter) 3. The House of Representatives does this when members believe the President is guilty. (7 letters, key = 2nd letter)

12 4. Representation in the House of Representatives is based on this. (10 letters, key = 9th letter) 5. A system of ______and balances prevents each branch of government from gaining too much power. (6 letters, key = 4th letter) 6. The process by which people from foreign countries become U.S. citizens. (14 letters, key = 5th letter) 7. System that divides power between the national government and state governments. (10 letters, key = 6th letter) 8. The Supreme Court reviews laws to make sure they do not conflict with the Constitution. This process is called ______review. (8 letters, key = 5th letter) 9. Guam, American Samoa, and Puerto Rico are each an example of a ______. (9 letters, key = 9th letter)

13 CHAPTER 2

THE DECLARATION OF INDEPENDENCE

“The revolution was in the hearts and minds of the people”

John Adams

14 2.1 Historical Background

The Declaration of Independence is one of the most important documents in the history of the United States. It signifies the colonies’ break from England and the rule of George III. Long accustomed to a large measure of independence, the colonies in America were demanding more or less freedom. To put a new system into effect, and to tighten control, British Parliament had to contend with colonists and here the Crown came into conflict with the interests of the colonies. Fast increasing in population, and needing more land for settlement, various colonies claimed the right to extend their boundaries. It became evident that the time for separation from Brit- ish Empire was developed and the explosion of revolution was un- avoidable.

In January 1776, Thomas Paine, a political theorist and writer who had come to America from England in 1774, published a 50-page pamphlet: “Common Sense”. Within three months, 100.000 copies of the pamphlet were sold. In the pamphlet Paine attacked the idea of heritable monarchy, declaring that one honest man worth more to society than “all the crowned ruffians that ever lived”. He presented the alternatives –continued submission to a tyrannical king and an outworn government, or liberty and happiness as a self-sufficient, independent republic. The pamphlet “Common Sense” was circu- lated throughout the colonies, thus flashing the fire and assisting to crystallize desire for separation.

On May 10, 1776 a resolution was adopted calling for separation. On June 7 Richard Henry Lee of Virginia introduced a resolution declaring “That these United Colonies are, and of right ought to be, free and independent states...”. But there still remained the task, however, of gaining each colony’s approval of a formal declaration. Now only a formal declaration was needed. On June 11 The Second Continental Congress formed a committee of five persons (John Adams, Benjamin Franklin, Thomas Jefferson, Robert R. Livingston, and Roger Sherman) to write the Declaration but the Committee thought it would be better for only one man to

15 write the document and Thomas Jefferson from Virginia was chosen to be THE ONE.

It took Thomas Jefferson seventeen days to write the Declaration of Independence. Largely Jefferson’s work, not only announced the birth of a new nation, but also set forth a philosophy of human freedom that would become a dynamic force throughout the entire world and this genius and gifted man did it only within 17 days. The Declaration draws upon French and English Enlightment political philosophy, but one influence in particular stood out: John Locke’s Second Treatise on Government. Locke took conceptions of the traditional rights of all humankind. The Declaration’s familiar opening passage echoes Locke’s theory of government: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute a new Government, laying its foundation on such form, as to them shall seem most likely to effect their Safety and Happiness”.

In the Declaration, Jefferson linked Locke’s principles directly to the situation in the colonies. To fight for American independence was to fight for a government based on popular consent in place of a government by a king. Only a government based on popular consent could secure natural rights to life, liberty and the pursuit of happiness. Thus to fight for American independence was to fight on behalf of one’s own natural rights as stated Thomas Jefferson: “Every Man and every body of men on earth possess the right of self- government”. After the actual writing of the document Benjamin Franklin, John Adams, and Thomas Jefferson revised the first draft and sent it to Congress on July 2, 1776. After 2 days of debate and some changes to the document on July 4th, the Congress voted to accept the final

16 draft of Declaration of Independence and declare independence from England. This represents the formal separation of the American colonies from Great Britain and since that day in 1776 in all over USA July 4 is celebrated as Independence Day and is considered to be one of the most popular and favorite holidays for American people.

2.2 Ratification

The Declaration of Independence was approved by the Second Con- tinental Congress on July 4th 1776, but it was not signed until almost a month later. The Congress did not have the approval of all 13 colonies. On July 19th Congress ordered that an official copy of the document be created. The order called for hand written ornamental script to be used on parchment paper with the title "The unanimous declaration of the thirteen United States of America". Using a quill pen, this took some time to finish. Therefore, the actual signing finally took place on August 2nd. The president of the Congress John Hancock was the first to sign this historic document. He used large bold script and signed under the text in the center of the page. At that time, a general practice was to sign below text on the right and by geographic location. Using this protocol, signatures of the New Hampshire delegates began the list. Delegates from Georgia, the southernmost state, ended the list. Some of the delegates were not in Philadelphia on that day, but signed the document later. Not all delegates signed the document. The 56 sign- ers of the Declaration of Independence included two future presidents (Thomas Jefferson, John Adams), three vice presidents, and ten members of the United States Congress. Although the Americans suffered severe setbacks for months after independence was declared, their tenacity and insistence eventually paid off. The Declaration contains a justification for the American Revolution. It is a unique combination of general principles and an abstract theory of government. The fundamental American ideal of government given is based upon the theory of natural rights. The opening paragraphs of the document outline the ‘natural rights’ af- forded to all people, calling them “self-evident truths” and using them to form the basis of a governmental system. The second portion

17 of the document outlines how George III had infringed upon those natural rights to establish a tyranny over the colonies, thereby justify- ing the American Revolution to the world. During the eighteenth century, America's founding documents provided the framework for a unique form of government; today, these documents continue to influence and inspire people around the world. The founding documents play a significant role in the development of American nationalism during the nineteenth and twentieth century. Individuals today identify with the visual representation of the ideas espoused by the founding fathers as well as the ideas embodied in the documents. Today the Declaration of Independence, along with the Constitution and the Bill of Rights, is on public display at the Rotunda of the Na- tional Archives.

Assignments:

Keynote Questions: • Which form of government best describes government in the United States? • In your opinion what are the basic concepts of American democracy? • What were the ideas about government that John Locke contributed to America’s political heritage? • Why was the Declaration of Independence such a revo- lutionary document? • What are the three parts of the Declaration of Independ- ence? Briefly describe each of them (See appendix 1).

For Thought and Discussion: • L. Bryce: “No government demands so much from the citizens as democracy and no one gives back so much”, J. Kennedy: “Ask not what your country can do for you; ask what you can do for your country” Do you agree or disagree with these statements? Why? • The phrase “all men are created equal” is an important idea in the Declaration of Independence. However, af- terwards for a long time after its ratification the slavery

18 existed in the USA and there was no suffrage for women. How do you account this contradiction?

Suggested Activity: • Prepare a series of posters to illustrate the basic concepts of democracy from your point of view. • Compare two declarations of Independence: Armenian and American; similarities and differences of these two documents.

19 CHAPTER 3

THE CONSTITUTION OF THE UNITED STATES OF AMERICA

“Every man and every Body of men on Earth, possesses the right of self – government” Tomas Jefferson

20 3.1 Articles of Confederation

After winning its independence from Great Britain in the Revolu- tionary War, the new country situated on the eastern seaboard of North America needed to fashion some form of governmental system. The success of the Revolution gave Americans the opportunity to legalize their ideals as expressed in the Declaration of Independ- ence. Within a year after the Declaration of Independence 10 ones among 13 states had drawn up constitutions. The new constitutions showed the impact of democratic ideas. None made any drastic break with the past, since all were built on the solid foundation of colonial experience and English practice. Naturally the first objective of the framers of the state constitutions was to secure those “unalienable rights” whose violation had caused the former colonies to reject their connection with Britain. Thus, each constitution began with a declaration or bill of rights. Some states enlarged the list of liberties to guarantee freedom of speech and assembly. Moreover, all the constitutions committed to the three-branch structure of government: executive, legislative and judiciary - each checked and balanced by the others. But these state constitutions somehow differed from each other taking into consideration the state structure, traditions and population. By declaring their bill of rights, their own constitutional structure these states became very independent and self-governed not only from British Empire but also from each other. As in the course of the Revolution mutual aid and support had proved effective, they had understood that all of them together were stronger and more powerful than separately each of them. There was a need for unity among the new states that were created as a result of the American Revolution. The relative powers of the individual states and the Continental Congress also needed to be defined for the young country. Because of the fear that resulted from the colonial experience under the centralized government of Great Britain, the committee selected by Congress had been careful to give the states as much independence as possible, while also explicitly stating the limited functions of the federal government. And these realities led Congress to entrust John Dickinson with the drafting of a federal constitution.

21 This federal constitution was called the Articles of Confederation and was submitted to the Second Continental Congress on July 12, 1776, 8 days after the signing of the Declaration of Independence. The Articles of Confederation represent the first constitutional agreement made between the 13 American states.

Beginning July 22, 1776 the debates concerning the Articles were prolonged over questions regarding representation in Congress, western land boundaries, and apportionment of taxation (yet, several years would pass and many revisions would occur before the Articles were finally adopted). After much discussion and compromise, the Congress adopted the Articles of Confederation on November 15, 1777 and the printed copies of the Articles of Confederation, in the form of a pamphlet /26pages/, were delivered to the Congress on 28 November. Thus, the Articles of Confederation became the ruling document in the new nation after they were ratified by the last of the 13 American states, Maryland, in 1781. The Articles created a nation that was "a league of friendship and perpetual union." The state governments retained most of the power under this framework, with a subordinate position given to the central government. The central government commanded little respect and was not able to accomplish much because it had little jurisdiction over states or individuals.

“Articles of Confederation” was comprised of a preamble and 13 articles. The document maintained the aspect of voting done by states and taxes were based upon the value of buildings and land but not by a state’s population. The Articles also specified that no state could be deprived of territory for the benefit of the country and that all 13 states had to agree to any amendment of the federal government’s power. Congress was severely limited in its powers. It could not raise money by collecting taxes; it had no control over foreign commerce; it could pass laws but could not force the states to comply with them. Thus, the government was dependent on the willingness of the various states to carry out its measures, and often the states refused to coop- erate. The articles were virtually impossible to amend, so problems could not be corrected.

22 In the words of George Washington, the government created by the Articles of the Confederation was "little more than the shadow without the substance." As the need for a stronger federal government began to be realized, leaders from throughout the states got together to decide how to create it. The Federal Constitutional Convention of 1787 was responsible for drafting the Constitution of the United States.

3.2 Constitutional Convention

And thus, a special convention was called, which came to be known as the Constitutional Convention. Notables assembled at the Federal Convention in the Philadelphia State House in May 1787. Delegates from all of the states except Rhode Island convened in Philadelphia to create a plan for a more centralized form of government and to revise the Articles of Confederation. In fact, the Convention had been authorized merely to draft amendments to the Articles of Confederation but, as Madison later wrote, the delegates, “with a manly confidence in their country, simply threw the Articles aside and went ahead with the building of a wholly new form of government.” They recognized that the paramount need was to reconcile two different powers –the power of local control, which was already being exercised by the 13 semi-independent states, and the power of a central government. They adopted the principle that the functions and powers of the national government, being new, general and inclusive, had to be carefully defined and stated, while all other functions and powers were to be understood as belonging to the states. But realiz- ing that the central government had to have real power, the delegates also generally accepted the fact that the government should be authorized-among other things-to coin money, to regulate commerce, to declare war and to make peace. While states were to have equal representation in the Senate regardless of state size, the House of Representatives membership was to be based on state population. In addition to this legislative branch, executive and judicial branches were formed, and it was agreed that no branch would have more power than the other, through a system

23 of checks and balances. This new plan was known as the Great Compromise. But this Great Compromise hasn’t been achieved easily and without debates. It was worked out through months and took a lot of efforts.

The delegates who met in Philadelphia were adherent of Montes- quieu’s concept of the balance of power in politics. This principle was supported by colonial experience and strengthened by the writings of John Locke, to which most of the delegates were familiar. These influences led to the conviction that three equal and coordinate branches of government should be established. Legislative, executive and judicial powers were to be so harmoniously balanced that no one could ever gain control. The delegates agreed that the legislative branch, the colonial legislatures and the British Parliament, should consist of two houses. The Convention set up a governmental system with separate legislative, executive and judiciary branches-each checked by the others. Thus, congressional enactments were not to become law until approved by the president. And the president was to submit the most important of his appointments and all his treaties to the Senate for confirmation. The president, in turn, could be impeached and removed by Congress. The judiciary was to hear all cases arising under federal laws and the Constitution; in effect, the courts were empowered to interpret both the fundamental and the state law. But members of the judiciary, appointed by the president and confirmed by the Senate, could also be impeached by Congress. These ideals in the U.S. Constitution are essential elements of the American national identity. As a result of this work, the Constitution was drafted and presented to the American public on September 17, 1787.

On September 17, 1787 after 16 weeks of deliberation the finished Constitution was signed by 39 of the 42 delegates present. The Con- vention was over: the members dined together and took a cordial leave of each other. But yet a crucial part of the struggle for a more perfect union was yet to be faced. The Convention had decided that the Constitution would take effect upon ratification by conventions in 9 of the 13 states. By June 1788

24 the required nine states ratified the Constitution, but the large states of Virginia and New York did not. Most people felt that without the support of these 2 states the Constitution would never be honored. To many, the document seemed full of dangers: would not the strong central government that it established tyrannize them, oppress them with heavy taxes and drag them into wars? Differing views on these questions brought into existence two parties, the Federalists who favored a strong central government, and the Antifederalists, who preferred a loose association of separate states.

Franklin, pointing to the half-sun painted in the brilliant gold on the back of Washington’s chair said: “I have often in the course of the session...looked at that chair behind the president, without being able to tell whether it was rising or setting: but now, at length, I have the happiness to know that it is a rising and not a setting, sun.”

3.3 Bill of Rights

When the first Congress convened in New York City in September 1789, the calls for amendments protecting individual rights were virtually unanimous. Congress quickly adopted 12 such amendments: by December 1791, enough states had ratified 10 amendments to make them part of the Constitution. Collectively, they are known as Bill of Rights. Among their provisions: freedom of speech, press, religion, and the right to assemble peacefully, protest and demand changes; protection against unreasonable searches, seizures of property and arrest; due process of law in all criminal cases, right to a fair and speedy trial; protect against unusual and cruel punishment; and provision that the people retain additional rights not listed in the Constitution. The “Bill of Rights” guarantees the following rights in the Constitution in succession: The right to freedom of speech, press, assembly and petition. (Amendment Number I)

The right to bear arms. (Amendment Number II)

The right not to quarter soldiers in peacetime, except according to the law. (Amendment Number III)

25 The right to have security against "unreasonable searches and seizures." (Amendment Number IV)

The right not to be held to answer criminal charges except upon indictment by grand jury; not to be compelled to be a witness against oneself; not to be put twice in jeopardy for the same offense; not to be deprived of life, liberty, or property without due to process of law; to have just compensation for private property, taken for public use. (Amendment Number V)

The right to trial by jury in criminal prosecution, to be notified of the charges, to be confronted with witnesses, and to have legal counsel and have the compulsory process for calling witnesses. (Amendment Number VI)

The right to a trial by jury in law suits involving over 20 dollars. (Amendment Number VII)

The right that prohibits excessive bail, fines, or cruel and unusual punishments. (Amendment Number VIII)

The right against denying or disparaging others retained by the people. (Amendment Number IX).

Since the adoption of the Bill of Rights, only 16 more amendments have been added to the Constitution. Although a number of the subsequent amendments revised the federal government’s structure and operations, most followed the precedent established by the Bill of Rights and expanded individual rights and freedoms.

3.4 Role of Constitution

Thus, the Fathers of the Constitution agreed to certain basic concepts in the Constitution. They are as follows: • Republican Form of Government was set up by the free and independent states. They were not direct democracies. They were representative democracies in part, since many of the states maintained voting qualifications based on sex, property and other considerations. It was decreed that the people

26 finally held power, which they enforced through their representatives. • The Separation of legislative, executive and judicial powers characterized both the state and federal governments. While the legislature (Congress) consisted of two chambers in charge of formulating the laws, the executive (President) was responsible for enforcing the laws, and the judiciary (courts) consisted of people responsible for interpreting the laws. The Constitution assumed that there would be cooperation among the three branches of government, as well as checking and balancing of powers. A Federation was established, by which certain powers were allocated to the Central government, with its headquarters in Washington. The other powers were reserved to be exercised by the states or their subdivisions.

Although the framers of the Constitution disputed for about 4 months before coming to an agreement, without any disputes they agreed to the following six basic principles:

First: All states would be equal. One state could not be given special privileges by the national government. Second: There had to be three branches of government; one to make laws, another to execute them, and a third to settle disputes. Third: All persons, whether rich or poor, are equal before the law. They can demand protection of the law in exercising their rights. Fourth: No one is above the law. No officer of the Government can use authority unless permitted to do so by the Constitution. Fifth: The authority of the Government can be changed by changing the Constitution. Sixth: The highest law in the land comprises of the Constitution, the Act of Congress and the treaties of the United States. A state law conflicting with them cannot be enforced in the national courts.

In general, the Constitution serves two important purposes in the political life of US. First, it is a symbol of US nation that helps to unite people as Americans. Second, it serves as a practical instrument of government that helps US people get on with the daily business of government.

27 As the Constitution won the support of Americans, it became an important national symbol. Like the Statue of Liberty, the flag and the national anthem, the Constitution has come to stand for the country. As a national symbol, the Constitution represents timeless and un- changing political ideas Americans deeply believe in. Today almost all Americans whatever their political differences share positive feelings about the Constitution. Thus, the Constitution helps to create a common national identity and to unite the nation. The Constitution describes how the government is organized. It de- fines the extent and limits of government power and the rights of individuals. It provides the legal basis for setting conflicts between citizens and between citizens and their government. As the instrument of government, the Constitution is flexible and dynamic. It consists of the actual written document and interpretations as to the meaning of that document that have developed over the years to meet new conditions and problems as they have arisen.

3.5 Structure

Compared with other Constitutions, the US Constitution is brief and simple. The entire Constitution, with its amendments, is just over 7.000 words long. It concentrates on setting forth the basic organization and powers of government. It does not attempt to spell out every detail of how government will operate. The Preamble: The Preamble is an introduction to the Constitution. It states the major goals to be served by government. The Founders listed these six goals for American government: 1) “to form a more perfect union”, 2) “to establish justice”; 3) “to insure domestic tranquility”, 4) “to provide for the common defense.” 5) “to promote the general welfare” and 6)”to secure the blessings of liberty”. The Pre- amble is not law but rather a statement of why the Constitution was written. It shows that the Founders wanted government to provide stability, law and order for the new nation. They also wanted government to protect citizens’ liberties and to serve the citizens. Though the articles were listed by numbers only, the following topi- cal headings could be assigned to them:

I Legislature

28 II Executive III Judiciary IV Interstate Relations V Amendments VI Supremacy clause VII Ratification

Seven Articles: The body of the Constitution is divided into seven main parts called articles. Each article covers specific topics and is, in its turn, divided into sections. Article I describes the Legislative Branch. It gives all legislative power to “a Congress of the United States, which shall consist of a Senate and House of Representatives.” Article I spells out the rules for making laws. It lists the kinds of laws Congress may pass, and it specifies the powers Congress does not have. Article II organizes the Executive Branch to carry out laws passed by Congress. It states, “The Executive power shall be vested in a President of the United States”. This article tells how the President is to be elected and provides for a Vice-President to take over the job if necessary. Article III sets up the federal court system. The federal courts make up the Judiciary Branch of the national government. Article III makes the Supreme Court head of the Judicial Branch and gives Congress the power to create lower courts. Article IV guaranteed to every State in the Union a republican form of government. Article V describes how to amend the Constitution. Article VI contains the supremacy clause. This clause states that the Constitution, laws passed by Congress, and treaties of the United States “shall be the supreme law of the land”. This means that state governments must accept the national government as being above them and citizens must recognize the national government as being the primary governmental authority. Article VII says the Constitution goes into effect after it is ratified by nine states. Amendments: The third part of the Constitution consists of amendments or changes in the Constitution. So far 27 amendments have

29 been added to the Constitution since 1789. These amendments have been one way the Constitution has kept up with changing times.

3.6 Founding Fathers

George Washington regarded as the country’s outstanding citizen because of his integrity and his military leadership during the Revo- lution, was chosen as presiding officer. Prominent among them more active members were two Pennsylvanians: Gouverneur Morris who clearly saw the need for national government, and James Wilson, who labored indefatigably for the national idea. Also elected by Pennsylvania was Benjamin Franklin, nearing the end of an extraordinary career of public service and scientific achievement. From Vir- ginia came James Madison, a practical young statesman, a thorough student of politics and history and, according to a colleague, “from a spirit of industry and application...the best-informed man on any point in debate”. Madison today is recognized as the “Father of the Constitution”. Massachusetts sent Rufus King and Elbridge Gerry, young men of ability and experience. Roger Sherman, shoemaker turned to judge, was one of the representatives from Connecticut. From New York came Alexander Hamilton who had proposed the meeting. Thomas Jefferson was absent from the Convention, who was serving in France as minister, and John Adams was absent, who was serving in the same capacity in Great Britain.

Federalists and Antifederalists: Those who favored ratification of the Constitution were called Federalists. They enjoyed superiority of leadership. In New York, some of them like Alexander Hamilton, James Madison and John Jay jointly wrote a series of 85 letters ana- lyzing the Constitution and praising its merits. These letters were published in the newspapers and later published in the form of a book under the title “The Federalist”. Their opponents, the Antifederalists included Elbridge Gerry, Patrick Henry, Richard Henry Lee and James Monroe. They believed that the ratification to the Constitution gave excessive powers to the government at the center, so that the states had very little powers. Some were even convinced that the process of ratification itself was illegal, as only a unanimous consent for the amendment was necessary. To

30 win their support a promise was given to include a bill of rights along with a series of amendments to the new Constitution in order to provide a fundamental guarantee of the traditional liberties of a free people. All the states finally ratified the Constitution. However, North Carolina and Rhode Island only did so after it went into effect and they could not remain outside the Union.

3.7 Conclusion

The foundation of the American Government, its purpose, form and structure are found in the Constitution of the United States. The Con- stitution, written in 1787, is the "supreme law of the land" because no law may be passed that contradicts its principles. No person or government is exempt from following it. The Constitution establishes a federal democratic republic form of government. That is, there is an indivisible union of 50 sovereign States. It is a democracy because people govern themselves. It is representative because people choose elected officials by free and secret ballot. It is a republic because the Government derives its power from the people. The purpose of the Federal Government, as found in the Preamble of the Constitution, is to "establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity." In order to achieve this purpose the Founding Fathers established three main principles on which the US Government is based: 1. Inherent rights: Rights that anyone living in America has; 2. Self Government: Government by the people; and 3. Separation of Powers: Branches of government with different powers. The Constitution created in Philadelphia serves today as the plan for government in the United States and is the supreme law of the land. The Constitution created a republic, a representative democracy where power is held by the voters and is exercised by representatives who are responsible to the people.

31 Assignments:

Keynote Questions: • When and by whom were the Articles of Confederation prepared? • Why did the Articles of Confederation fail to create a strong central government for the new American nation? • In what particular ways did the Constitution provide for a “more perfect Union” than did the Articles of Confed- eration? • How did the British Parliament affect the development of American government? • Describe the government set up by the Articles. What powers were given to Congress? • What are the main weaknesses of the Articles of Confed- eration? • What was the structure of government under the Articles of Confederation? • When and where was the Constitution written? • Who is known as the “Father of the Constitution”? Why? • In what sense was the Constitution a “bundle of compromises”? What were the three major compromises reached by the Framers? • From what sources did the Framers draw in writing the Constitution? • Why was George Washington important to the ratification of the Constitution? • Why is the Constitution called a living document?

For Thought and Discussion: • Describe the achievements of the United States under the Articles of Confederation. • The delegates to the Constitution Convention voted to do their work in secret. View the same situation today and discuss the advantages and disadvantages of it.

32 • Explain whether it is possible to have bad government and a good constitution or vice versa a good government and a bad constitution. Give the reasons for your answers. • You have an opportunity to make amendments in the Ar- ticles of Confederation. Illustrate the amendments you suggest and comment them.

Suggested Activities: • Outline a constitution for a new nation establishing what you feel is an ideal government. • Write a short biographical sketch of one of these historical figures: George Washington, Benjamin Franklin, James Madison, Thomas Jefferson. • Prepare a wall chart showing the major weaknesses of the Articles of Confederation and how those matters were treated in the Constitution. • Prepare a report for your class on the comparison of Armenian and American Constitutions. Draw any conclusions about the relationship between these two documents. Preamble Scramble: The Preamble of the Constitution gives the reasons why the writers wanted to form such a government. The Pre- amble is reassembled. Try to reorganize and form the correct text of the preamble of the US Constitution.

“this Constitution of the United States. and secure the Blessings of Liberty We, the people do ordain and establish of the United States provide for the common defense, in Order to form insure domestic Tranquility, a more perfect Union, to ourselves and our Posterity, promote general Welfare, establish Justice”.

33 Crossword:

ACROSS 1. Place where the original Constitution can be viewed. (16 letters) 5. First state to ratify the Constitution. (8 letters) 9. Fearing tyranny from a strong central government, some states demanded this be added to the Constitution (12 letters). 11. He is known as the "Sage of the Constitutional Convention" (8 letters). 13. These essays were written to defend and promote the ratification of the new Constitution (16 letters). 14. Name given to the group who did not favor ratification of the Constitution (15 letters). 15. This amendment was repealed (10 letters). DOWN 1. This state was the final one to ratify the Constitution (12 letters). 2. State that did not send delegates to the Constitutional Convention (11 letters). 3. The 13th Amendment abolished (7 letters). 4. He introduced the Bill of Rights in the House of Representatives on June 8, 1789 (7 letters). 6. The Constitutional Convention met in this city (12 letters). 7. The part of the Constitution where you find the phrase "in order to form a more perfect union" (8 letters). 8. Number of amendments to the Constitution (11 letters). 10. Article that establishes the Constitution as the supreme law of the country (2 letters). 12. The Nineteenth Amendment protects the voting rights of….. (5 letters).

34 CHAPTER 4

EXECUTIVE BRANCH

“The chief magistrate derives all his authority from the people”

Abraham Lincoln

35 4.1 Presidency

According to D.V. Verney, "The term Presidential has been chosen, because in this system, the offices of head of government and head of state are combined in a President." In the Presidential system, the head of the state is also the head of the government. He is the head of the executive branch of the government. The framers of the Constitu- tion were faced with the problem that they had to appoint an executive authority (as the Articles of Confederation had missed out on it) and at the same time, did not want the powers to be excessive.

And when the delegates to the Constitutional Convention created the executive branch of government, they gave the president a limited term of office to lead the government. This was very different from any form of government in Europe and caused much debate. The delegates were afraid of what too much power in the hands of one person might lead to. In the end, with a system of checks and balances included in the Constitution, a single president to manage the executive branch of government was adopted. President of the United States is often considered the most powerful elected official in the world. The President leads a nation of great wealth and military strength. Presidents have often provided decisive leadership in time of crisis and they have shaped many important events in history. The Constitution of the United States gives the President enormous power. However, it also limits that power. The authors of the Constitution wanted a strong leader as President, but they did not want an all-powerful king. A number of Presidents became great leaders. The most admired ones include George Washing- ton, Thomas Jefferson, Andrew Jackson, Abraham Lincoln, Theo- dore Roosevelt, Woodrow Wilson, Franklin D. Roosevelt, and John Kennedy. These leaders served as President when the United States faced extraordinary challenges. They also met those challenges with courage, determination, energy, imagination, and political know- how. Some of the most admired Presidents at times ignored the U.S. Constitution or showed little regard for Congress. Nevertheless, their actions won public support. Therefore, like other great Presidents, they broadened respect for the presidency and strengthened the office.

36 The President, who is often called the chief executive, heads the executive branch. The executive branch of the Government is responsible for enforcing the laws of the land. The President is the head of the Executive Branch of US national government. As such, the person, who holds presidency, has enormous power and responsibility. The President must send to the Congress a program that is intended to foster the nation’s strength and prosperity. The President is expected to symbolize what the nation stands for to the world and to the American people. In the light of the powers of the Presidency, the US governmental system is often called ‘’presidential government”. When the Presidency was created in 1787, the United States was a new nation of only 4 million people. No one was quite sure what a President should do or accomplish. People were not even sure how to address the first President. One suggestion was “His Excellency”. Another was “His Mightiness”. As it turned out, George Washington came to be called simply “Mr. President”. Since then, the presidents have held that special title.

4.2 Powers and Responsibilities

Article II of the Constitution states: "The executive power shall be vested in a President of the United States of America." It provides for the election of the President and vice-president. It prescribes his qualifications. It provides for the succession if he has to be replaced, and for his compensation. It prescribes the oath of office. It declares that he should be the commander-in-chief of the army and navy and confers on him various specified powers, including those of making treaties, appointing officers and granting pardons. He is instructed to "Take care that the laws be faithfully executed."

When George Washington was president, people recognized that one person could not carry out the duties of the President without advice and assistance. The Vice President, department heads (Cabinet members), and heads of independent agencies assist in this capacity. Unlike the powers of the President, their responsibilities are not defined in the Constitution but each has special powers and functions.

37 President: Leader of the country and Commander in Chief of the military. Vice President: President of the Senate and becomes President if the President is unable to serve. Departments: Department heads advise the President on policy issues and help execute those policies. Independent Agencies: Help execute policy or provide special services.

The President is the Head of the Executive Branch and generally viewed as the head of the U.S. Government. While he does have significant power, his power is limited by the Constitution. Specifically, the Constitution assigns the following powers to the President:

• Be the Commander in Chief of the Armed Forces; • Make treaties, with two-thirds consent of the Senate; • Receive ambassadors and other public ministers from foreign countries; • Appoint ambassadors, Supreme Court justices, federal judges, and any officials as provided for by the Congress, with the approval of the Senate; • Give an annual State of the Union Address to Congress; • Recommend legislation to Congress; • Convene Congress on extraordinary occasions; • Adjourn Congress, in cases of a disagreement about adjournment; • "Take care that the laws be faithfully executed"; • Fill in administrative vacancies during Congressional re- cesses; • Grant reprieves and pardons for offences against the U.S.

For convenience, these main powers are divided into three catego- ries: 1. Head of State, 2. Administrative Power, 3. Legislative Power,

38 1. As Head of State, the President meets with the leaders of other countries. He has the power to recognize those lands as official countries and to make treaties with them. However, the Senate must approve any treaty before it becomes official. The President also has the power to appoint ambassadors to other countries with the Sen- ate’s approval. As the ceremonial head of the state, the President has to preside at community functions, entertain prominent visitors like heads of other countries, and is the front man at ceremonial occasions. As chief of state, he comes before the world at large as a leader. Since he speaks for the nation, audience with him is sought by every conceivable sort of deputation and at meetings ranging from international conferences to baseball games. He has access to national radio chains at almost any time of the day and his words normally win the attention of the people. The President is also the official head of the U.S. military. As Commander in Chief, he can authorize the use of troops overseas without declaring war. To declare war officially, though, he must get the approval of the Congress.

2. The President makes use of the vast mechanism of the executive branch in accordance with the constitutional direction that he "takes care that the laws be faithfully executed." Being responsible for all the programs in the executive branch, the President lays out the broad policy for the executive departments and agencies. As chief executive, the President can also issue orders to his department heads and subordinates on matters like civil service regulations and budg- etary instruction. The President’s administrative duties include appointing the heads of each Executive Branch department. Of course, these appointments are subject to the approval of the Senate. The President also has the power to request the written opinion of the head of each Executive department, regarding any subject relating to their department. 3. Article II, Section 3 of the Constitution links the President to the Congress for the planning of legislation. A powerful and persuasive President can coerce enactment of additional legislation by maintain- ing close contacts with the Congress through his White House staff and by personal meetings with Congressional leaders. The President is empowered to appeal directly to the people for support in case of a

39 divided government (with the White House and Congress being under the control of different political parties). The interests and policies of the President set the tone of legislation for any given issue.

4.3 Leadership

The President commands attention since he exercises power that can mold the conditions of the lives of American citizens. Many people such as American Indians referred to the President as "the great white Father." Thus he is expected to set moral standards for the nation by propagating the values of honesty, integrity and religious faith. The media and public in present times have begun to focus on the private lives of public officials, making the President’s role as a moral leader even more significant.

The President not only discharges his governmental responsibilities, he is also considered to be the leader of his political party. The party expects the President to support the party’s policies, raise funds for the party and help in campaigning for its candidates. In his turn, the President expects the party members to support him in the Congress on key votes. Discord is bound to arise between the President’s role as a national leader and a party leader.

In general, the President’s effectiveness depends on his popularity with the people, with the top politicians of his party and with members of the Congress. He integrates his powers as national leader, party leader as well as administrative leader, so as to keep legislators and politicians subject to his will.

4.4 Requirements and Qualifications

The President and the Vice-President are the only officials elected by the entire country. However, a person who wants to become President has to meet certain qualifications. Some of these requirements are set by the Consti- tution. Others are personal qualities that Americans expect their Presidents to have.

40 Constitutional Requirements: The Constitution (Article II, Section 1) sets the formal rules for the President. These requirements are actually quite simple. The President must be: 1) a natural-born citizen of the United States, 2) at least 35 years old, 3) a resident of the United States for at least 14 years. The same requirements apply to the Vice- President. Over eighty million Americans can meet these formal requirements for the Presidency. Yet, very few people ever have the opportunity to run for the Presidency. What qualifications does a person actually need to have a real chance of becoming President? Government Experience: Experience in government is an unwritten but important qualification for the Presidency. Politics enables public officials to become known to public. This is usually an extremely important factor in winning election as President. Politics also gives public officials the opportunity to form the political alliances that are necessary to obtain the nomination of a political party. The Importance of Money: Today, a serious candidate for the Presi- dency must either be wealthy or be able to raise large amounts of money. Even though the federal government provides funds for some aspects of presidential campaigns, running for the Presidency is still very expensive for the individual candidates. Campaigning in the primaries, paying for television time, hiring opinion pollsters, con- sultants and sending out mailing require large amounts of money. In 1980 for instance, Ronald Reagan spent over $31 million in his election campaign for the Presidency. Political Beliefs: The major political parties, of course, want their candidates to be winners. Generally, candidates with extremely lib- eral or conservative political views stand little chance of being elected. Candidates who hold moderate, center positions on most issues reflect the views of the majority of Americans. Personal Characteristics: The most modern Presidents have come from northern European family backgrounds. A few have been from poor families (Harry S. Truman) and a few from more rich ones (both Roosevelt’s and John F. Kennedy). But most Presidents have come from more modest circumstances. Americans have favored white, married, Protestant, financially successful, self-made men. No woman, black or Hispanic American has held the office of President or Vice- President so far. However, it now seems likely that in the

41 future candidates for President and Vice-President will be selected from the broad spectrum of Americans.

4.5 Term and Salary

When elected, the President serves a term of four years. At most, a President may serve two terms. Originally, the Constitution did not specify how many terms a President may serve. However, George Washington set the two-term pattern when he served for eight years and refused to run for a third one. Because of this precedent, two terms became the tradition. For almost 140 years, all Presidents followed Washington’s example and refused to run for a third term. However, in 1940, Franklin D. Roosevelt broke this tradition when he ran for a third term. Then, in 1944 Roosevelt won a fourth term. Many people thought four terms were too long for one person to be President. Consequently, in 1951, the 22nd Amendment, which set limits on how many terms a President may hold office, was added to the Constitution. The 22nd Amendment provides that no person may be elected for more than two terms as President. The amendment provides that if a Vice-President takes over the Presidency and serves two years or less of the former President’s term, then that Vice-President may, in addition, be elected for two terms as President. Thus, it is possible for a President to serve up to ten years. At the same time the Constitution allows Congress to remove a President from office. The President first must be impeached (charged with wrongdoing) by a majority vote of the House of Representatives. Then, the Senate, with the chief justice of the United States serving as presiding officer, tries the President on the charges. Removal from office requires conviction by a two-thirds vote of the Senate. Salary and Benefits: During the Constitutional Convention, the great patriot and diplomat argued that money might corrupt a President. Therefore, he suggested that the President should receive no salary but be paid expenses only. His idea was not accepted. Instead, the Convention decided that Presidents should receive “compensation”. The amount of compensation or salary, was not specified in the Con- stitution. Congress sets the salary the President receives and it cannot be increased or decreased during a President’s term. Today, the

42 President receives $200.000 a year in salary and $50.000 a year for travel, entertainment, and other official expenses. Many special benefits also go along with the Presidency. Presidents have the use of a special fleet of jetliners, helicopters and limousines. They receive free medical, dental and health care. They live in the White House, where there is a swimming pool, tennis courts, a bowling alley and a private movie theatre. The White House domestic staff of over eighty persons does the cooking, shopping, cleaning and other chores for the President’s family. When Presidents retire, they get a lifetime pension of $69.630 a year. They also have free office space, free mailing service and about $90.000 for office help. When Presidents die, their spouses are eligible for a pension of $20.000 a year.

4.6 Presidential Inauguration

The presidential inauguration is a deeply rooted tradition. It marks a new beginning for both the United States and its brand new president. Beginning with General George Washington's 1789 inauguration in New York City, many presidents have added their own unique traditions. The oath of office is the main focus of the inauguration ceremony and the only part required by law. In Article II, Section 1, of the U.S. Constitution, the founding fathers provided an oath of office for the President-elect's official swearing in. This 35-word vow has not changed since the 18th century.

"I do solemnly swear that I will faithfully execute the Office of President of the United States, and will try to the best of my ability, to preserve, protect and defend the Constitution of the United States." George Washington added the phrase "so help me God" to the end of his oath, and almost every president has added it since. He also followed his swearing-in with the first inaugural address - another tradition most presidents have also adopted. "The preservation of the sacred fire of liberty, and the destiny of the Republican model of Government, are justly considered as deeply,

43 perhaps as finally staked, on the experiment entrusted to the hands of the American people," Washington said. Washington also set the precedent of kissing the Bible after taking the oath of office. Although most presidents use a Bible, some presidents have opted to affirm their oath rather than swear to it. Thomas Jefferson was the first president to be sworn in as president in Washington DC, which did not officially become the US capital until 1801. After Jefferson's second inauguration, he rode on horseback from the Capitol to the President's house surrounded by me- chanics from the nearby Navy Yard and military band music. This procession grew into the current-day Inaugural Parade. The parade, like most of the ceremony, often reflects the tastes of the incoming Commander in Chief. Theodore Roosevelt's 1905 parade included almost 35,000 participants, from cowboys to miners and his old Spanish-American war Calvary regiment, the Rough Riders, on horseback. Many inaugural parades include military and marching bands, tumblers, cheerleaders, and floats representing all aspects of American life. Inauguration Day was originally set for March 4, giving electors from each state nearly four months after Election Day to cast their ballots for president. In 1933, the day of inauguration was changed by constitutional amendment from March 4 to Jan. 20 to speed the changeover of administrations. George Washington's first inauguration was held outside but the tradition did not hold until Andrew Jackson became president in 1829. Since then, the ceremony has been held outdoors except in cases of extreme weather. The ceremony moved from the Capitol's East Front to the West Front during Ronald Reagan's first inaugural in 1981. He wanted to face west to symbolize his connection to California, his home state where he served as governor for seven years. The next presidents, Bush and Clinton, were inaugurated at the West Front as well, which has more room for hundreds of thousands of spectators to witness the event on the National Mall. Although Washington did have an informal ball after his inauguration, the first official Inaugural Ball was held in honor of James Madison. As more people wanted to share in the festivities, later in- augurals included multiple public balls throughout the capitol and

44 some in other cities. No fewer than nine Inaugural Balls were held to honor President Bush. Many presidents have walked to or from their inaugural ceremonies to show their affinity with the American people. Thomas Jefferson walked from his boarding house to the unfinished Capitol Building during his first inauguration and back for dinner. Jimmy Carter was the first president to walk from the Capitol to the White House after the ceremony. Both George Bush in 1989 and Bill Clinton in 1993 each stepped out of their limousines to welcome well-wishers along the parade route. In 1961, poet Robert Frost read his poem "The Gift Outright" at the inauguration of John Kennedy. Nearly thirty years later, Bill Clinton revived the tradition to honor Kennedy. Arkansas-native and poet Maya Angelou read her poem entitled "The Rock Cries Out To Us Today" in 1993. Arkansas poet Miller Williams read "Of History and Hope" at Clinton's 1997 inaugural. On the actual day of inauguration, people travel from across the country to view both the swearing-in and the inaugural parade. Hun- dreds of school groups, marching bands spend months raising money, making the trip to Washington D.C. to bear witness to the ascension of a new American president.

4.7 Executive Office of the President

The Executive Office of the President gives over-all staff assistance to the President in determining and executing national policy. Through the White House Office, the National Security Council, the Council of Economic Advisors and the Office of Management and Budget, the Executive Office plays a leading role in matters determining foreign and domestic goals of the administration. It facilitates contact with the heads of federal departments and agencies, members of the Congress, the press and the public and also keeps the President up to date on important national and international matters, particularly those affecting national security and the economy. The Presi- dent’s support personnel aid him by preparing speeches and addresses for different occasions, coordinating various activities and even looking after the White House, the grounds and the President’s health, comfort and safety.

45 The White House Office helps the President in his dealings with the Congress, heads of executive departments and agencies, the press and other media, as well as the general masses. It includes special assistants to the President on various matters such as national security, legislative programs and the arts; a press secretary; a special council; a legislative council; an adviser for national capital affairs; a physician to the President; three military aides; a personal secretary; several administrative assistants and a number of other employees. The chief of staff occupies the most important position, since he has to see that the President’s legislative goals are fulfilled in coordination with the legislative program of the Congress.

The executive branch of the government is itself the operating branch of the government as it does the actual work of regulating commerce, promoting the welfare of agriculture, waging war and so on. The work of the executive branch is not handled by the President alone. He has eleven departments and a large number of independent agencies to help him in the task of making executive decisions. This staff of the President is faithful to him and not to any governmental agency or the Congress. It is interesting to note that the American Constitution gives virtually no idea about the actual organization of the executive branch. It only mentions "executive departments." The heads of these departments are also the heads of an office or bureau in the Executive Office. They help the President to carry out his program effectively by main- taining good relations with the Congress, the press, the public, and other department and agency heads, including foreign governments and organizations. They are also known as cabinet secretaries and handle all kinds of administrative business like planning, organizing, staffing, directing, and reporting. Budget Each year, the Federal Government spends trillions of dollars to carry out its responsibilities. It is a long and complicated process that begins with the creation and submission to Congress of the Presi- dent's proposed spending plan for the Federal Government in the coming fiscal year. The document containing the President's plan is known as the Budget of the U.S. Government.

46 The President's Budget is basically a series of goals with price tags attached. It allows the President to provide a suggested spending framework to Congress for use in deciding: (1) How much money to spend, (2) What to spend it on, (3) How to raise the money they have decided to spend. According to the Budget and Accounting Act of 1921, the President must annually submit a budget to Congress by the first Monday in February. The Office of Management and Budget (OMB) assists the President in the creation of the President's Budget by gathering data from agencies and compiling it into the final plan to be approved by the President. The process of creating the President's Budget starts about a year before it is due to be submitted to Congress. It begins with the development of the President's an overall budget strategy in the spring and by summer. Federal agencies submit their budget estimates based on that strategy. During the fall, OMB reviews the estimates provided by the agencies and by the winter, the President's budget is reviewed, finalized, and submitted to Congress as required.

4.8 Order of Presidential Succession and Disability

When a vacancy arises in the office of vice-president, the President can nominate a vice-president who takes office upon confirmation by a majority vote of both houses of the Congress. The President can himself notify the Congress of his inability to discharge the duties of his office. In this case, the Vice-President becomes acting President until the President’s notification of the removal of his inability of performing the role of a president. Further the Vice-President backed by a majority of "either the principal officers of the executive departments or of such other body as Congress may by law provide" and can exercise the powers of the President’s office, while the question of the President’s disability is before the Congress for determination. According to an Act passed in 1947, in the event of the death of both the President and vice-president, the Speaker of the House of Representatives is first in line of succession to the presidency, followed by the President pro tempore of the Senate. If there is a vacancy in both these offices, any one of the heads of executive de-

47 partments becomes "acting President" until replacement by a Speaker of the House or President pro tempore of the Senate, who serves for the remaining term. Eight presidents have died in office. Assassins’ bullets struck four presidents down. The other four died of natural causes. After Presi- dent Kennedy was killed in 1963, the country realized that the rules for presidential succession established by the Constitution were in- adequate. A new set of rules for succession to the Presidency was needed. The 25th Amendment, which was passed in 1967, established the order of succession to the Presidency. It sets forth the rules for filling the office of President if that office becomes vacant. The 25th Amendment also spells out that if the Vice-Presidency becomes vacant, the President shall nominate a Vice-President who shall take office upon confirmation by a majority vote of both Houses of Con- gress. Also, the President can be removed from office through the process of impeachment. If the House of Representatives feels that the Presi- dent has committed acts of "Treason, Bribery, or other High Crimes and Misdemeanors" they can impeach him with a majority vote. An impeachment is very similar to a legal indictment. It is not a conviction, however, and not enough to remove the President from office alone. The case then goes to the Senate. Overseen by the Chief Jus- tice of the Supreme Court, the Senate reviews the case and votes whether or not to convict the President. If they vote in favor of conviction by a two-thirds margin, then the President is removed from office.

4.9 Vice President: Role and Duties

Vice-presidential candidates are formally nominated by a national convention of party delegates, meeting in June or July of each election year. The Presidential nominee generally has influence and control in the selection of his running mate for the campaign. Further attention is paid to the constitutional requirements that the candidates should come from different states, and also from different sections of the country. If possible, they should represent different interests and points of view. When the President in office is re-nominated by a

48 national convention, its main creative task could be the selection of a vice-presidential candidate. Thus in 1944, on re-nominating Presi- dent Roosevelt, party leaders perceived that in selecting Harry Tru- man as the vice-presidential candidate, they were selecting a Presi- dent for most of the ensuing four years. This meant that he would follow the present president.

The Constitution gives the Vice- President only two duties. First, the Vice-president is to preside over the Senate and to vote in that body in case of a tie. Most Vice-Presidents spend very little time in this job. Second, as you have seen, under the 25th Amendment, the Vice- President is to serve as Acting President whether the President is disabled. The main job of the Vice-President is to wait. Beyond waiting, a Vice-President’s work and power depend upon what job, if any, the President assigns. Hubert Humphrey, Lyndon Johnson’s Vice- President, once said, “The only authority he has is what the President gives him”. Nine Vice-Presidents have taken over the office of President. Some have done so under difficult circumstances. Harry Truman, for example, became President in 1945, near the end of World War II, when Franklin D. Roosevelt died in office.

4.10 Conclusion

The writers of the Constitution, meeting in Philadelphia in 1787, worked in great secrecy. Guards were posted at the doors and the public was not allowed to attend the meetings. The reason for this secrecy was that the Founders did not want to be influenced by public opinion and outside pressures. Yet, during their deliberations, the Founders felt the need to issue one statement to the press. They wanted to stop a wild rumor about their work that was circulating around the country. Consequently, in August 1787, they issued the following statement to the Pennsyl- vania Herald: “Tho’ we cannot...tell you what we are doing, we can...tell you what we are not doing-we never once thought of [establishing] a king.” Instead, the Founders created the office of President. They made the President the head of the Executive Branch of the new national gov-

49 ernment. Having revolted against the king of England, the Founders certainly did not want to create their own king. But at the same time, they did want a national government with a strong executive. As every President knows, power does not come automatically with the office of the Presidency. To be successful, Presidents must skill- fully use the resources they have available to influence others.

Assignments:

Keynote Questions: • What are the constitutional qualifications for the Presidency? • Why is a President limited to two terms in office? What is the maximum number of years a President may serve? Ex- plain. • What two ways may be used to remove a disabled President from office? • Since the Vice-President has so few constitutional duties, what is the real importance of the position? • What are some of the special benefits that Presidents receive while in office? What benefits do Presidents receive when they retire? • Why was the 25th Amendment added to the Constitution? What does it provide for? • What are the President’s powers as chief diplomat, commander-in-chief? • How can Congress restrain the President? How can the federal courts restrain the President?

For Thought and Discussion: • List five of the constitutional powers of the President and comment each of them. • Give three informal qualifications for the Presidency. • The President has many duties and powers. Name the most important one in your opinion. Give reasons to support your answers.

50 • Enumerate the qualities for the successful presidential candidate. Bring an example of the President who had/has those qualities. • Many people advocate a constitutional amendment that would change the term of office for the President to a single six-year term. Give two advantages and two disadvantages of this amendment.

Suggested Activities: • Choose a recent President and prepare a report on how that President made use of the powers of the Presidency. • Play the role of the eminent first ladies and their role, influence on the US politics. • Draw a general description of one of the US presidents and make your classmates guess who he is. Include his personal characteristic features, appearance, applied politics. • Suppose you are the President of the country, write your inauguration speech and present it to your people (students).

Presidential Names Word Scramble Can you figure out the U.S. Presidents’ names? • MY NICKEL • AM SAD • RASH IRON • GOOD LICE • A NIGHT SNOW • COLT INN • JEFF SNORE • A RANGE • VEND A CELL • AH YES Here's a bonus scramble. Can you guess which President this is: • WE SEE RHINO

51 CHAPTER 5

LEGISLATIVE BRANCH

“Congress is regarded to be the world's best hope of representative government”

Earnest Griffith

52 5.1 Congress

Article I of the Constitution establishes the legislative or law making branch of government with the formation of a bicameral Congress. This system provides checks and balances within the legislative branch. Congress was thus established as the central organ in the national government. It was vested with supreme authority. As Earnest Griffith puts it, Congress is still regarded by many as "the world’s best hope of representative government." Only after much debate did the Founding Fathers agree on the creation of the House of Representatives and the Senate. A major issue was how representation in the legislative body would be determined. Delegates to the Constitutional Convention from larger and more populated states argued for the Virginia Plan that called for congressional representation should be based on a state's population. Fearing domination, delegates from smaller states were just as adamant for equal representation and supported the New Jersey Plan. Roger Sherman, a delegate from Connecticut, proposed the bicameral legislature. The Great Compromise, among other provisions, resulted in the creation of two houses, with representation based on population in one and with equal representation in the other. Members of Congress are now elected by a direct vote of the people of the state they represent. It has not always been this way for the Senate. Prior to 1913 and the 17th Amendment to the Constitution, Senators were chosen by their state legislatures because the Senate was viewed as representative of state governments, not of the people. It was the responsibility of Senators to ensure that their state was treated equally in legislation. Both the House of Representatives and the Senate meet for the same two-year term. Each term of Congress starts on January 3 of an odd- numbered year. Thus, the first Congress of the United States met in 1789. Each term of Congress is divided into two regular sessions or meetings. A session is one year long and includes breaks for holidays and vacations. Congress remains in session until its members vote to adjourn. Under the Constitution neither the House nor the Senate may adjourn for more than three days without the approval of the

53 other house. If Congress is adjourned, the President may call it back for a special session.

5.2 Senate and House of Representatives

Thus, the United States Congress is made up of two houses -- the House of Representatives and the Senate and this two house system is known as a bicameral legislature. The primary duty of Congress is to write, debate, and pass bills, which are then passed on to the president for approval. Other congressional duties include investigating pressing national issues and supervising the executive and judicial branches. The basic job of Congress is to make the laws that govern US nation. Article I of the Constitution created Congress with the words, “All legislative powers herein granted shall be vested in a Congress of the United States.” The legislative power is the power to make laws-the rules that govern American society. The Founders of the nation gave this lawmaking power to the Legislative Branch of the national government, the Congress. The Founders indicated the importance they placed on the lawmaking power by making the article on Congress the first one in the Constitution. They intended Congress to be the central institution of American government and gave it more powers than any other branch of government. As James Madison said, Congress is “the First Branch of the Government”. Today, Congress continues to play a central role in formulating policies for American nation. New ideas about dealing with everything from health care to tax changes and energy conservation must be approved by Congress before they become law. Congressional action- or inaction-on such issues affects the lives of all Americans.

The Leaders of Congress: Both the House and the Senate have a system of leaders in order to operate efficiently and to coordinate the work of the 535 individual members of Congress. These leaders serve six purposes. These purposes are:1) organizing and pulling together their parties; 2) scheduling the work of Congress; 3) making sure lawmakers are present for key floor votes; 4) distributing and collecting information; 5) keeping Congress in touch with the Presi-

54 dent; and 6) influencing lawmakers to support the policies of their political party. The Speaker as the House Leader: The Speaker of the House is the presiding officer and the most powerful leader in the House. The Constitution states that “The House of Representatives shall choose their Speaker and other officers”. The Speaker is chosen at the start of each session of Congress by a caucus or meeting of the majority party in the House. The Speaker manages the business of the House and is the leader of the majority political party in the House. As the presiding officer of the House and the leader of the majority party, the Speaker has a great deal of power. The Speaker presides over the sessions of the House and thus has power to recognize or ignore members who wish to speak. The Speaker also appoints the members of some committees, schedules bills for action, and refers bills to the proper House committee. Senate Leaders: The Senate is organized in much the same way as the House, but its procedures permit individual Senators more freedom in their activities. Consequently, party leaders in the Senate do not have as much power and influence over Senators as their coun- terparts in the House. Role of the Vice-President: The Constitution names the Vice- President as “president of the Senate”. As presiding officer of the Senate, the Vice-President has less power than the Speaker of the House. The Vice-President may, of course, recognize members and put questions to a vote. However, the Vice-President is not elected member of the Senate and thus may not take part in Senate debates. The Vice-President may cast a vote in the Senate only in the event of a tie. Nevertheless, a Vice-President may wield considerable influence in the Senate through the prestige of the office and through personal influence. Vice-Presidents are usually so involved with Execu- tive Branch activities that they seldom have time to preside over the Senate.

55 5.3 Powers of Congress

The Constitution grants Congress "all legislative powers" in the national government. Article I, Section 8 of the Constitution lists a wide range of congressional powers, including: • Fiscal: The Congress can collect taxes, pay debts, borrow and coin money. • Military: can Maintain a military. • War on other countries: Congress can declare war, provide an army, a navy and a national quad. It can determine rules of warfare. • Commerce: It can regulate interstate and foreign commerce, bankruptcies, weights and measures, patents and copyrights. • Naturalization: Congress can make uniform rules in this area. • Postal: Post offices can be established and roads posted. • Law enforcement: Congress can punish counterfeiting, establish inferior courts, define and punish piracies, call forth the military to execute the laws and suppress insurrections. • Elastic clause: This final power is so called because it em- powers the Congress to make laws that are necessary and proper "for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." According to the Sixteenth Amendment, the Con- gress can collect federal income taxes. And according to the Thirteenth, Fifteenth, Nineteenth, Twenty-third, Twenty- fourth and Twenty-sixth Amendments, the Congress can enforce protection and extension of civil rights.

The implied powers of the Congress are not stated specifically in the Constitution. They are implied by the delegated powers stated in the elastic clause 18 of the Constitution. The Congress was also empowered to create a Bank of the United States as a quasi- governmental corporation. Restraining the President’s power to send American troops into combat without first consulting and notifying Congress, is also an example of implied powers.

56 One of the most important implied powers is Congress’s authority to investigate and oversee the executive branch and its agencies, such as the Department of Defense and the Department of Justice. As part of this responsibility, which is known as oversight, Congress sum- mons senior officials to answer questions from members, orders au- dits of agencies, and holds hearings to air grievances of citizens. Congress also holds hearings on matters of general public concern. Sometimes members of Congress conduct these hearings to identify problems that create a need for new laws. In other cases Congress holds hearings to raise public awareness about an issue. There are, however, some congressional powers that are rarely used such as the ability to impeach an official and the ability to amend the Constitution. In addition to the power described above, Congress shares powers with the president in matters such as, framing U.S. foreign policy and control over the military. For example, while the president negotiates treaties, they are only put into effect once the Senate approves them. Also, while Congress can declare war and approve funds for the military, the president is the commander-in-chief of the military.

Limitations on the powers: There are a number of powers denied to the Congress, which are enumerated in the Constitution under Article I, Section 9. Some of these are forbidden to the Congress as a protection to the states. For example, no preference can be given by any regulation of commerce or revenue to the parts of one state over those of another. Other powers are forbidden to the Congress (as a protection to the people) as for example, the Congress is forbidden to suspend the unit of Habeas Corpus except in case of rebellion or invasion. Indeed, limited government is a basic feature of the Ameri- can constitutional system. Thus the Bill of Rights was added to the Constitution in 1791, placing limitations on the Congress in the interest of individual liberties. The system of checks and balances permits the President to veto a law passed by the Congress. The Su- preme Court is also empowered to declare a law unconstitutional.

57 5.4 House of Representatives

When the Constitution was being drafted, a debate broke out between states with large populations and those with smaller populations. Each had a different opinion about how the states should be represented in the new government. To be fair to each group, a compromise was reached. By dividing Congress into two houses, the House of Representatives would favor states with larger populations, while the Senate would favor those states with smaller populations.

There are a total of 435 members in the House of Representatives. Each member represents an area of a state, known as a congressional district. The number of representatives is based on the number of districts in a state. Every ten years, the U.S. Census Bureau counts the population of the states to determine the number of districts in each state.

Besides, five additional members—from Puerto Rico, Guam, Ameri- can Samoa, the Virgin Islands, and the District of Columbia— represent their constituencies in the House. While they may participate in the debates, they cannot vote.

The House has special jobs that only it can perform. It can: • Start laws that make people pay taxes. • Decide if a government official should be put on trial before the Senate if s/he commits a crime against the country.

Membership: With its 435 members, the House of Representatives is the larger house of Congress. The number of Representatives in the House is not fixed by the Constitution. The Constitution simply states that the number of House seats, must be apportioned or divided among the states on the basis of population. Each state is entitled to at least one seat in the House, no matter what its population. Qualifications: The Constitution sets the qualifications for election to the House of Representatives. A Representative must be at least twenty-five years old, citizen of the United States for at least seven years before election and a legal resident of the state from which he or she is elected. Traditionally, Representatives also live in the dis-

58 trict they represent. This is not constitutional requirement, but it has been established over the years through custom. Term of office: Members of the House of Representatives are elected for two-year terms. Elections are held in November of even- numbered year. This means that all 435 members of the House of Representatives must run for re-election at the same time, every two years. It also means that the House reorganizes itself every two years. However, there is great continuity in the House because in most congressional elections about 90 percent of all Representatives are re-elected. If a representative dies or resigns before the end of the term of office, the governor of the state he or she represents must call a special election to fill the office. Once the population of each state is determined by the census, the number of Representatives to which each state is entitled is set, based on its population. This process is called apportionment. Over the years, as the population and size of nation grew, the membership of the House of Representatives increased. Many Americans became concerned over the increasing size of the House. They feared that adding more and more members eventually would make the House so large that it would not be able to carry out its work. Consequently, in 1929 a law was passed stabilizing the membership of the House of 435 Representatives.

Leadership: The House elects its own Speaker as the only presiding officer. He is generally the leader of the majority party in the House. He is expected to operate as an instrument of the party. Thus, he is expected to interpret and apply the rules of the House, in such a way as to give maximum aid to his party in all parliamentary matters. The Speaker is vested with the authority to recognize members who wish to obtain the floor, to interpret and apply the rules of procedure, to decide questions of order, to appoint members of select and conference committees, and to refer bills to committees. The speakership has always been an important office. He stands third in importance after the president and the vice president. During the 1890s the power of the Speaker was increased owing to the dynamic leadership of Speaker Thomas B. Reed. Each house has a majority leader and a minority leader that are chosen by the majority and minority parties in each house. The majority leader leads in party debates, and

59 brings forward party programs and policies. He indicates the party preference by his advocacy or opposition to proposed legislation. He is next after the Speaker in terms of importance.

5.5 Senate

There are a total of 100 members in the Senate. The Constitution states that the Vice President has formal control over the Senate and is known as the president of the Senate. In actuality, the Vice Presi- dent is only present for important ceremonies and to cast a tie- breaking vote.

Senators, elected for six-year terms, must be 30 years old, a citizen for at least nine years, and a resident of the state from which they are elected. As in the House, the Senate also has special jobs that only it can perform. It can: • Confirm or disapprove any treaties the President drafts. • Confirm or disapprove the Presidential appointments, such as the Cabinet, officers, Supreme Court justices, and ambassadors. • Holds a trial for a Government official who commits a crime against the country.

Membership: The Senate, the smaller house, “shall be composed of two Senators from each state”, according to the Constitution. Thus, each state, no matter what its territorial size or population, is represented equally in the Senate. There are 100 Senators-two from each of fifty states. Qualifications: The qualifications for election to the Senate are somewhat different from those form election to the House. Accord- ing to the Constitution, a Senator must be at least thirty years old, a citizen of the United States for nine years before election, and a legal resident of the state he or she represents. Senators are elected state- wide-that is, by all the voters of the state. Term of office: Senators are elected for six-year terms. Every two years, the terms of one-third of the Senators expire. Elections for the Senate, like those for the House, are held in November of even-

60 numbered years. Senators also begin their term of office on January 3 after the election held the previous November. Because each Senator serves a six-year term in office, there is great continuity in the Sen- ate. This also results from the fact that only one-third of the seats in the Senate are up for election every two years. Thus, at each new session of Congress, at least two-thirds of the Senators have already served in the Senate. If a Senator dies or resigns before the end of the term of office, the state legislature may authorize the governor of the state to appoint someone to fill the vacancy until the next regular election, or the governor may call a special election to fill the seat.

Salary and benefits of members: Members of both the Senate and the House of Representatives are paid an annual salary of $75,100. This places them among the top 5 percent of all Americans in income. Many lawmakers earn additional income from speeches they give and articles they write. Such income is limited to 30 percent of their salaries. In addition to their salaries, members of Congress enjoy a number of benefits and special privileges. These include office space, free sta- tionary, free postage (“franking privilege”) for official business, free plants, flowers for their offices, low-cost life insurance, a free medical clinic, and free gymnasium and health facilities. Members also receive large allowances to pay for their office staff and assistants, for trips home telephones, telegrams, and newsletters. Each member is entitled to a $3,000 income tax deduction to help maintain two residences, one in his or her home state and one in Washington. Moreover, when they retire, Senators and representatives may be eligible for pensions of up to $50,000 a year for life. Privileges of members: Members of Congress also have certain special privileges provided for in the Constitution. Members of Con- gress are free from arrest “in all cases, except treason, felony, and breach of the peace,” when they are attending Congress or on their way to or from Congress. Moreover, members of Congress cannot be sued for anything they say on the floor of Congress. The purpose of this privilege is to protect the free and unlimited debate on legislation before Congress. In addition to these privileges, the Senate and the House both have the power to judge a member’s qualifications and decide whether to seat a member. Each house may refuse to seat an

61 elected member by a majority vote. Each house may also “punish its own members for disorderly behavior” by a majority vote and expel a member by a two-thirds vote. If a member of Congress is expelled, the member must give up his or her seat. Only the most serious offenses such as treason or accepting bribes are grounds for expulsion. Members who are guilty of lesser offenses may be censured. Censure is a vote of formal disapproval of a member’s actions.

In all, there are 535 voting members of Congress-100 Senators and 435 Representatives. In addition, there are three delegates-one each from the District of Columbia, Guam and the Virgin Islands-and one Resident Commission from Puerto Rico, all of them serve on House committees but cannot cast votes on the House floor. Characteristics of members of Congress: Lawmakers are usually college graduates and have previously held professional jobs. Ap- proximately half the members of Congress are lawyers. A large number of members also come from business, banking and education. Senators and Representatives are typically white, middle–aged males. Although women make up more than 50 percent of the nation’s population, they make up only about 4 percent of Congress. Similarly, the House and Senate include relatively small number of black Americans, and other minorities. Re-election to Congress: One Representative put it simply when he said. “All members of Congress have one primary interest-in being re-elected”. The continuing re-election of so many members of Con- gress means that elections are less likely to cause major changes in legislative policy. It also means Congress has come to be dominated by lawmakers who have served for many years in Congress. These veteran members eventually take the leadership positions in Con- gress, where they are expected to control and guide new legislation.

Leadership: The Constitution provides that the Vice-President of the United States shall be the president of the Senate. The Vice-President cannot participate in debates. As a presiding officer he has to rule impartially. He cannot operate as the instrument of his political party. The vice-president is not a member of the body he presides over. Thus, he can vote only to break a tie.

62 The Senate elects a president pro-tempore to preside when the Vice-President is absent. Besides, he is also in charge of dealing with the day-to-day business. He is the choice of the majority party in the Senate. Though this position is honorary, it can be extremely influential. The actual work of presiding, however, is carried out by a number of Senators.

In each house, there is present an assistant majority leader and an assistant minority leader, which are commonly called whips. The party whips are vital cogs in the party machinery. They look after the membership of their party, advise them of weekly programs and try to have all of them present when important measures are to be voted upon.

5.6 Differences between the Senate and the House

Certain powers are enjoyed by each house of the Congress. Thus, revenue bills only originate in the House of Representatives. Though impeachment charges can be brought by the House, the trial of impeachment cases can only be carried out by the Senate. Again, the Senate enjoys the sole authority to approve presidential appointments as also of members of the Supreme Court, and of all treaties.

Woodrow Wilson once observed that “the House and Senate are naturally unlike”. One important difference between the two houses is size: the House is four times larger than the Senate. A second difference is in constituency, or the people who are represented. Sena- tors represent an entire state, while almost all members of the House represent only one part of a state. A third important difference is in the term of office-Senators serve six-year terms, House members serve two-year terms. These differences affect the complexity of the rules in each house, the prestige of members, how the two houses organize their legislative work, and the leadership in each house.

Complexity of rules: Because it is so large, the House of Representa- tives has worked out a strict set of rules to conduct its business. House rules for a recent Congress filled more than 300 pages. In contrast, Senate rules were spelled out in 109 pages.

63 In the House, rules are aimed at limiting the actions individual Rep- resentatives can take. In the Senate, the rules are more flexible and aim to make sure each Senator has maximum freedom to express his or her ideas. This is why the Senate usually allows unlimited debate on proposed legislation, whereas in the House, Representatives are usually limited to speaking for five minutes or less during a debate. With fewer rules, the Senate has a more informal atmosphere. It usually takes its time in considering new laws. Senators may debate one bill on and off for weeks or even months. Senate leaders try to ar- range debates to fit the schedule and interests of as many Senators as possible. Sometimes a debate will even be delayed until a particular Senator can participate. In contrast, the complex rules in the House require that bills move quickly once they reach the floor of the House. Bills are rarely de- bated for more than one day in the House. Moreover, leaders of the House of Representatives have more power than leaders in the Sen- ate.

Power and prestige in the two houses: The power to influence bills is spread more evenly in the Senate than in the House. For example, the typical Senator serves on eleven committees and subcommittees. The average Representative serves on only six committees. Senators find it easier to introduce bills, to influence the scheduling of work, and to take part equally in all Senate activities. Finally, because there are so many Representatives, they are usually less well known and enjoy less prestige than most Senators. Senators appear often on television, and many are well known nationally. Over the years, many Senators have run for President. The Senate is considered a good background for presidential candidates. Very few members of the House ever gain national attention. Gener- ally, not many people in their own home districts even know their names unless they are House leaders or committee chairpersons. It is unusual for a Representative to become a presidential candidate.

5.7 Work of Congressional Committees

All modern legislative bodies generally make use of a committee system so that a division of labor is made use of in dealing with nu-

64 merous and difficult proposals for legislation. The committees do much of the intensive work on legislation. The two houses were too unwieldy to work efficiently at the initial task of drafting and criti- cizing bills. Thus, Congress found it necessary to be divided into committees operating in specialized fields. These committees do the preliminary work involved in getting bills ready for being considered finally by the respective houses. There are four kinds of committees in every house: standing, select, conference and joint committees.

Standing Committees are regular and permanent committees of the House and Senate. They are responsible for determining whether a particular legislation needs to be presented to the entire House or the Senate for consideration. In 1995, there were 19 standing committees in the House, and 16 in the Senate. A member is assigned to a committee according to seniority and his personal choice. Normally once he is elected to a committee, he can remain on it as long as he wishes, and continues to be a member of Congress. In both houses, there are committees on agriculture, appropriations, the armed services, banking and currency, civil service, the District of Columbia, government operations, public works, rules, labor, taxation, foreign relations, the judiciary, interstate and foreign commerce, and space science. Generally each senator is assigned to two committees and each representative to one of them. Many of these committees make use of sub-committees, some of which are permanent.

Select or Special Committees are also established by the Congress to conduct a temporary investigation over special issues. Owing to their temporary nature, these need to be re-instituted with every new Congress elected. It is not their duty to propose legislation, but only to produce reports of their investigations. In some cases, when a particular issue is of great significance, the select committee may even be turned into a Standing one (thus making it permanent). Among such Special committees with specialized functions, are also certain investigating committees. If vigorous action is required, a special committee may be at an advantage. The drive for establishing a special committee may come from an aggressive legislator who wants investigation to be carried out on a particular subject. On the other hand, a legislator who seeks the prestige of heading such a vig-

65 orous investigating committee may also activate it. Harry Truman rose to be vice-president and later President, by his investigation of the conduct of World War II, as well as by his valuable service to the country.

Conference committees have to smooth out the difference in the bills passed by both the houses of Congress. The members of the conference committees are the members of the House and the Senate who have worked on the bill in their respective standing committees. After a few days, they finalize the wording of the legislation, and the bill is sent for vote in the House and the Senate. Sometimes conference committees go beyond compromising differences in bills and include new material or eliminate items included in a bill passed by each house. Most bills that reach the conference committee stage are usually harmonized into agreement.

Joint Committees: Generally, matters requiring legislation, or merely investigation or supervision, have to be dealt with by separate committees for each House. However, there are often complaints from witnesses for having to make tedious repeated appearances before two or more committees. By organizing Joint Committees, some duplication may be avoided. It is important to remember, however, that Joint Committees do not propose legislation. The leadership of such committees is rotated between members of Senate and House. Joint Committees on Printing, on the Library, on Internal Revenue Taxation, on Atomic Energy, on Foreign Economic Cooperation, on reduction of Nonessential Federal Expenditures have been appointed in the past. However, each House prefers to consider bills independ- ently where legislation is concerned.

5.8 Lawmaking Process of the House

To a visitor the floor of the House of Representatives may seem totally disorganized. Some Representatives talk in small groups or read newspapers. Others constantly walk in and out of the chamber. Most Representatives are not even on the floor, because they are in committees' meetings, talking with voters, or taking care of other busi-

66 ness. Representatives reach the floor quickly, however, when it is time for debate or a vote on proposed bills. Usually, the House starts its floor sessions at noon. Buzzers ring in members’ offices in the House office buildings, committee rooms, and in the Capitol, calling Representatives to the floor. The House normally is session from Monday through Friday. Mondays are set aside for routine work. Not much work is done on Friday because many Representatives leave to go to their home districts over the weekend. Thus, most of the House’s important work is done during the week from Tuesday through Thursday. Visitors going from the House to the Senate are often startled by the change. The Senate chamber is smaller and quieter than the House chamber. Usually there are only a few Senators present in the chamber. The visitor to the Senate will see 100 desks-one for each Senator- facing a raised platform. On this platform, the leaders of the Senate preside over sessions. The party leaders or their assistants stay in the Senate chamber at all time to keep the work moving and to look after their party’s interest.

How Bill Becomes a Law: It is important to know how laws come into existence. Within its term of two years, the Congress holds two annual sessions. During these sessions, a number of bills are proposed. While as many as twenty thousand bills may be introduced however only five to ten percent of them may actually be passed forward as laws. Besides, while some of them may be passed on immediately, others may require more time through deliberation, discussion and even arguments. Moreover, the eventual Act may sound very different from the original bill. A bill is the draft of a proposed law from the time of its introduction in a legislative body, through the various stages required, until its final enactment (as a law). A bill is introduced in the legislature by one of its members. After it is passed, it becomes an Act or a law. According to rule, a bill has to be submitted in a required form. It has to be typewritten on several copies of a special form. There are three parts to a bill, namely, the title, the enacting clause and the body. The title describes the contents, the enacting clause gives the necessary legal effect, while the body of the bill contains the meat of the proposed law.

67 Consideration by Senate: After the bill has passed the House it is sent to the Senate. Here it is referred to the appropriate standing committee. The passage of the bill through the Senate is a little different from that in the House. The Senate does not use the committee of the whole except to consider treaties. It has no elaborate system of special days to consider designated types of legislation. It has only two calendars: the general calendar of Business and the Executive Calendar listing treaties and nominations. A distinguishing feature of Senate procedure is the rule and procedure permitting Senators to speak as long as they please on the matter under consideration. This sometimes results in the practice of filibustering, in which there is prolonged debate by a person in the minority to prevent the majority from passing a bill. The Senate is thus forced to use certain methods to limit debates such as the Two-speech Rule under which no member can speak more than twice on a single subject on the same legislative day. The Cloture rule, known as Rule 22, was also adopted in 1917, by which 16 Senators can petition the Senate to close debate being delayed by a filibuster. This petition has to be approved by two thirds of the Senators voting. Finally debate on major bills can be brought to a close by unanimous consent agreements that a final vote will be taken at a set hour. Riders or amendments totally unrelated the bill, may also be passed, as the Senate does not restrict the nature of amendments to a bill.

Factors influencing voting decisions: Several factors influence the legislators in their voting decisions. They may be influenced by the unwritten rules of Congress, the merits of a bill, or their own expertise or specialization in the area of legislation. Under the practice of logrolling legislators may vote for each other’s bills, when the bill does not affect their constituency. This practice aids pork-barrel legislation that helps a congressional district or state in appropriating federal funds. Members of the Congress also vote according to party loyalty. Others yield to the insistence of pressure groups. Lobbyists are paid to carry out this task. They influence legislators who may be given funds and volunteers in their election campaigns by groups such as industrial trade associations, unions, political activists and environmentalists. The President may also appeal for a vote for or against a bill. Finally, the constituents (voters represented by the leg-

68 islator) may also influence that particular member’s vote. However, a Congress member’s personal convictions are the final word on his voting decisions.

Final stages: When the bill has passed both houses, it is enrolled by being printed on parchment, by order of the house where it originated. The committee on House Administration and the Senate Committee on Rules and Administration check for any errors in it. The speaker first signs the enrolled bill, and next the presiding officer of the Senate receives it for his signature. Finally the bill is sent to the President of the United States.

Action by President of the US: If the President accepts the bill he can sign it. In this case it becomes a law. If he does not sign the bill, after ten days, however, it anyway becomes a law without his signature. The President is empowered to veto the bill and return it to the house in which it has originated along with his objections. For instance, he/she may find that the bill has unsuitable riders. In such a case, the house has to approve the bill by a two-thirds vote. It is then sent for the consideration of the other house. If it is approved by two- thirds of the members there as well, the bill becomes a law without the President’s signature. However, if it fails to receive two-thirds vote in either house, the bill is considered dead. The President can also subject the bill to a pocket veto. This is done when the session of Congress is coming to an end. If the Congress adjourns before the President has had the bill for ten days, it cannot become a law without the President’s signature. The President was given a line-item veto by a federal law, according to which, he could reject certain sections of the bill.

Assignments:

Keynote Questions: • What basic governmental function is Congress charged with? • Why did the Framers of the Constitution establish a bicameral Congress?

69 • What are the constitutional qualifications for election to the House of Representatives; to the Senate? • How many voting members are there in the House of Representatives? Has the number of representatives been changed since 1912 and why? • How many people serve in the United States Senate? Is the number of Senators fixed and how are the Senators elected? • Who may preside over the Senate? • On what date does a new term of Congress begin, and how long does a term last? • What is the term of office for a member of the House; the Senate?

For Thought and Discussion: • Compare the House and Senate as to terms and qualifications for office, procedures, leaders and powers. • Explain the importance of political parties in the organization of Congress. • Most Senators and Representatives are middle-aged white males who are Protestant lawyers. Comment on this and give arguments to protect your point of view.

Suggested Activities: • Illustrate the differences between the House and the Senate; describe the merits and demerits of bicameral /two-house/ system. • Prepare a biographical sketch of your MP in the National Assembly. State how important the biography for the MP is. • There are no limits on the number of terms a member of Congress may serve. Stage a debate on this topic. Word Puzzle: Find terms relating to the legislative process in the puzzle below. Words may be forward, backward, vertical, horizontal, or diagonal. Reveal the hidden message from unused letters.

Hidden Words

BILL HOPPER ROLL CALL CAPITOL HOUSE SENATE CAUCUSES JOURNAL SENATOR CLERK OF THE MAJORITY SIGNATURE HOUSE MARKUP SPEAKER COMMITTEE PRESIDENT STATUTE CONFERENCE PUBLIC LAW VETO DEBATE PUBLIC OPINION VICE PRESI- DISTRICT QUORUM DENT ENROLLED REFERRED VOTE FILIBUSTER REPORT WHIP GPO ACCESS REPRESENTATIVE HEARING

71 CHAPTER 6

POLITICAL PARTIES

72 6.1 Functions of Political Parties

As R.G. Gettell says, "a political party consists of a group of citizens, more or less organized, who act as a political unit and who, by the use of their voting power, aim to control the government and carry out their general policies." Differences of opinion on political and related matters are bound to arise in a political structure. Those holding common or similar views, organize themselves into units, called political parties. Though there is no constitutional provision for the compulsory formation of political parties, they have come to be accepted as a legitimate and valuable part of American democratic life. Among the important functions that political parties perform is to organize people to form a group that will manage the government. Besides, they are in charge of forming policies that would be favorable to the people. And of course they need to convince the people into electing their candidates. However, though political parties are engaged in the functioning of the government, they cannot be called the government itself. The main function of political parties is to provide a means for the organization and direction of the struggle for political power. Issues are promulgated and candidates are nominated through political parties. After an election, the victorious party takes control of the government, while the minority party helps to keep the public informed about governmental actions. In this way, it serves as the guardian of public interest against arbitrary assumption of power. In conducting the government in the United States, the party also minimizes separation of powers by bridging the gaps between the three organs of the body. However, divided control of the government by different parties is also permitted by the American electoral system.

Groups of interests: Elected officials are the representatives of the people who form constituents. The representatives have to deal with the issues of their own political party but also of those of people belonging to the other party, in their districts or states. Thus bipartisan issues relating to matters crossing party lines, as well as nonpartisan issues concerning matters unrelated to party allegiance, have to be supported by the elected officials. Groups such as farm workers on

73 small business operators, as well as individuals like teachers, are represented by the political parties. In order to gain votes both parties the Republicans and the Democ- rats simplify the alternatives. They generally present the voters with two relatively different sets of alternatives to major problems. They also limit the choice of candidates to enable voters to choose between a few alternatives, rather than a confusing variety of candidates and therefore even views. Thus, voters are attracted to a broad party philosophy without the problem of dealing with specific issues. For example, the Democrats support labor and minorities as also the belief in government’s ability to solve most of the nation’s problems, while the Republicans support business and hold a conservative position regarding social issues.

Policy Making Process: Political parties are not actual policymak- ers. However, they define the political issues of the day and sharpen the choice between the alternative paths to be followed by the government. If he has to secure the most votes, the elected official has to ensure that the desires of the electorate are reflected to some extent in the legislative measures. Candidates, who win by a large majority, consider that they have received a mandate from the voters, in order to put into practice the program proclaimed during the campaign.

Public enlightenment and education: Parties help in stimulating interest in public affairs. They explain their stand, policies and principles, as well as their approach to the burning problems of the country. Thus, they indirectly shape public opinion through speeches from TV, radio, publication and distribution of literature, and by house-to-house canvassing of the voters. They thus mobilize the public to participate in public affairs, through the party machinery.

6.2 American political party system

Political parties play a vital role in American democracy. They link the people and the government by providing one important way for Americans to participate directly in US representative system. Politi- cal parties offer candidates for public office. They allow Americans

74 to make their will known to the government and to hold the government responsible for its actions. An American political party is a group or organization of people with certain very broad common interests who join together to nominate candidates for public office. The most important goal of a political party in a democracy is to win elections and to gain control of the government. Two major parties: As you know, there are two major political parties in the United States-the Republican Party and the Democratic Party. Each of these parties nominates candidates for government offices in national, state, and local elections. These two parties attract the support of so many voters in national elections that third parties and independent candidates rarely win. Thus, the American political system is basically a two-party system. Party membership: In the United States, whether or not a person joins a party is a completely voluntary choice. All citizens may join any political party, or they may choose not to be a member of any political party. Generally, people belong to a political party because they support most of its ideas and candidates. Belonging to a political party does not involve any duties or obligations by its members. Party members do not have to attend meetings or contribute to the party if they do not choose to do so. Some of those, who consider themselves Democrats or Republicans, do nothing more than vote for the party’s candidates. Others may wish to work for the party or even become candidates for office. Even though they may differ in interest, degree of party loyalty, and ideas about what the party should stand for, all these people “belong” to the party. Both the republican and democratic parties welcome these different groups. Each party does everything it can to attract supporters. In this sense, the two major parties are “open” parties, welcoming whoever wishes to belong and accepting whatever degree of involvement these individuals choose.

6.3 Development of the American Party System

A two-party system has been traditionally practiced in the United States. Other parties are free to enter the political arena. However, most of the voters cast their votes for the candidates of the two major

75 parties. One of these parties customarily elects the President of the United States and a majority of the members of the Congress. The two-party system is perpetuated by the election of members of the Congress from single-member districts. Candidates of minor parties are thus deterred by the near certainty of defeat. On the other hand, there would be a multiplicity of parties, under election by a system of proportional representation. In this system, the voter casts a vote for a list of candidates. A percentage of the representatives is awarded to each party, according to the percentage of votes that have been cast for its list of candidates. In such a multi-party system, it is even possible to have a coalition form of government. This means that a number of parties may come together with a consensus on any significant issue. But the agreement on two-party system didn’t come very easily and immediately. Many of the Founders distrusted “factions,” as they called groups that held different political views. They thought such factions were harmful to national unity. In his Farewell Address of 1796, George Washington warned against the “the very harmful effects of the spirit of party.” His successor, John Adams, stated, “There is nothing I dread so much as the division of the Republic into two great parties, each under its own leader.”

Why a Two-party system? When a voter in France goes to the polls, he or she casts vote for one of four major parties, in Italy among ten major parties. In totalitarian countries the only names on the ballot were those of candidates from the Communist Party. The United States is among the very few nations that have two major parties. One of the most important reasons for having only two major parties in the United States is that most Americans agree on certain broad social and economic values. As a nation, they believe that people have a right to own private property, that religion (the church) and the government (the state) should be separate. They believe in limited government and that people should be free to choose their jobs and live where they want to live. Such shared opinions on principles of national life form a political consensus. A consensus is a basic agreement among citizens on matters of public policy. There is a

76 consensus in the United States that political positions “in the middle” are the best for the country. Both parties agree on the basic principles of government as outlined in the Constitution. Here also the factor of the tradition should be taken into consideration. The fact that the party system in the USA started with only two parties has also been an important reason for the continuance of the two-party system. The Federalist and Anti-Federalist parties began early in the nation’s history. Once started the tradition of two opposing political groups continued. The way in which candidates are elected to office also favors the two-party system. In almost all political contests in the United States only one candidate can win election to each office. This method is called the single-member district system. The candidate, who gets a plurality of votes, wins the election. He or she does not have to get a majority of the votes-over 50 percent.

6.4 History of American two major parties

Since each of the major parties gains its strength from various interest groups, each tries to avoid alienating specific groups by avoiding definite stands on controversial issues. Most of the American voters agree upon the overall objectives and functions of government. When such an agreement exists, the condition is known as "consensus," and the two-party system helps to preserve it. There is only a change in degree on emphasis with a change in control by the De- mocratic Party to the Republican Party. The history of American parties is interwoven with the economic, political and social history of the whole nation. Once formed, political parties continued to be a part of American politics, although the specific issues that parties concerned themselves with changed over the years. In the course of the history, existing parties were transformed, some disappeared from the scene, and new ones appeared. Federalists and Democratic Republicans: After George Washing- ton took the oath of office as President of the United States, there were signs of an emerging party split. On one side was Alexander Hamilton, leader of the Federalists, who supported the Constitution, a strong central government and sound financial policies. He was also a spokesman for the bankers, traders and manufacturers. On the

77 other side, was Thomas Jefferson along with a group of small farmers, frontiersmen, laborers, debtors, small proprietors and slave owners. By the end of President Washington’s second term of administration, the followers of Hamilton and of Jefferson, divided themselves into two rival groups, called Federalists and Republicans. It was only during John Adam’s administration that the first Republi- can Party (sometimes called Jeffersonian or Democratic- Republican), was shaped into a national party with wide popular backing by Jefferson and James Madison. After the election of 1800, government control by the Federalists came to an end. Owing to a tie election, the House of Representatives decided that Thomas Jeffer- son should be President, and Aaron Burr should be Vice-President. In order to reduce a possible repetition of a tie election, the Twelfth Amendment provided that each elector should cast one vote for President and one for Vice-President. This was ratified in 1804, making it unlikely that a President and Vice-President would be elected from opposing parties.

Jacksonian Democrats and the Whigs: After President Andrew Jackson won the elections of 1828, his supporters dropped the term Republican and called themselves the Democratic Party. Since President Jackson believed in a strong executive, his enemies referred to him as "King Andrew I." Therefore the opposition party, formed during his first administration, called itself the Whig Party, after then existing English party in opposition to the King. The Jacksonian Democratic Party was composed of small farmers of the West and South and the laboring classes of the Northeast. It was a party of action that stood for expansion of the suffrage, rotation in office and a strong executive. The Whigs were conservatives, opposed to "executive tyranny." They supported internal improve- ments, a protective tariff, and revival of the Bank of the United States. However, the Whig Party split on the issue of slavery and its place was taken by the new Republic Party that was opposed to the extension of slavery.

Democrats and Republicans: The Republic Party originally worked for the interest of the little man, the debtor, the laborer, the small farmer and the slave. However, it later attracted the conservative in-

78 dustrial financial interest. With the help of its leadership, the Con- federate armies were defeated, the slaves were liberated and the union of the states was preserved. It was indeed the dominant political party, except in the Southern states. From 1861 to 1933, it elected 14 of the 16 men who held the office of President. The Democratic Party in the North divided into the War Democrats in favor of war, and the Peace Democrats or Copperheads, against the war. The Republicans hence organized themselves as the Union Party to win the 1864 election and tried to attract the votes of the War Democrats, by nominating War Democrat -- Andrew Johnson as Vice President. The latter became President after Lincoln’s assassination.

6.5 Third Parties in American Politics

Party history in America shows that two major parties are one of the more permanent features of American politics. Yet, elements disput- ing over policy issues with these two form third parties. In most of the elections there have been third party candidates belonging to the Know-Nothing Party, the Greenback Party, the Populist Party, the Prohibition Party, the Farmer-labor Party, the Socialist Party and various progressive parties. They have helped to organize specific interest groups like anti-slavery people, prohibitionists, vegetarians and left-wing trade unionists. Splits in the Republican and Democratic parties: In 1912, the split in the Republican Party gave rise to two strong Republican candidates William Howard Taft and Theodore Roosevelt, in the race against the Democratic candidate, Woodrow Wilson.

Strom Thurmond left Democratic Party in 1948 to become a candidate of the State’s Right party, being opposed to the civil rights program of Harry Truman. Similarly, George Wallace of Alabama stood for election as a candidate of the American Independent party in 1968.

Farmer-Labor parties: Unhappy farmers, Western mining interests and the southerners joined together to form the Populist party which won several seats in the Congress and electoral votes in 1892. In

79 1924, the Progressive party revived this coalition of the farm and labor groups.

Ideological and one-issue parties: Such parties may touch both the extremes of the political scale. The Socialist Party’s candidates received considerable votes between 1904 and 1920, while the Liber- tarian Party grew stronger at local and state levels. Certain specific issues form the basis of some parties for example the American Party, also called the Know-Nothing Party wanted an end to immigration to the United States in the 1850s, while the Prohibition Party was against the consumption of alcohol.

Why third parties fail? The nature of the American electoral system is largely responsible for the two-party system. There is a single in- cumbent in most of the election districts, so that the candidate with the maximum number of votes wins. Thus, the largest and second largest parties monopolize the victories, since only one candidate can win. The third party finally gives up the fight, because it is deprived from the rewards of office. Though the Populists, the Progressives and the Socialists managed to attain seats at the local and state levels, their numbers were insignificant. Moreover, the costs of campaigning are enough to deter aspirant third party candidates. Therefore, while the two major parties monopolize the presidency, the third parties gradually wither away, since they are deprived of patronage and power. Yet third parties are often able to modify the programs of the major parties. A more decisive and progressive stand upon issues is taken by third parties, than the major parties. If a large number of voters are attracted to such a party, the major parties try to take over part of the third party’s programs. Thus, the third party does make American politics more dynamic and progressive.

6.6 The Structure of Political Parties

The Political parties are generally organized like pyramids having at their base millions of party members and thousands of local party officials; but there are few national party heads at the top. The American Constitution has introduced federalism not only in the government but also in the political parties. Elections and offices are

80 organized on a national-state-local basis and parties are organized in a similar manner. Party organization vitally affects the working of the government. Party workers are in charge of selecting people who will compete for office, managing and financing campaigns, and even coming forward with policies and positions that appeal to the constituents. A cooperation among all the levels of the government functioning is witnessed. The national party organization may help contestants at the state level or even for the Congress, whereas the local and state organizations contribute toward presidential elections in a major way.

Assignments:

Keynote Questions: • What is the origin of the Democratic Party; the Republi- can Party? • What problems do third parties face? • Why can the Republican and Democratic Parties be called open parties? • Why are third parties formed? What effects have they had on American parties?

For Thought and Discussion: • “The most important goal of a political party is to win elections and control the government.” How is this goal being successfully accomplished in Armenia and in US? • How influential do you find the role of the leader of the political party? Give arguments to protect your point of view. • 2-party system in US, 10-party system in Italy, 4-party system in France, more than 60-party system in Arme- nia. Which of the above-mentioned systems is acceptable for a democratic society in your opinion?

Suggested Activities: • Choose an issue for a debate. In 4 groups discuss and dispute on it taking into account the adherent principles

81 of American Republicans, American Democrats, Arme- nian Republicans and Armenian Democrats. • Organize a hot discussion for 2 political parties opposing in one controversial hot issue.

82 CHAPTER 7

JUDICIAL BRANCH

“Equal Justice Under Law”

83 7.1 General information

The Judicial Branch of US national government has the responsibility of applying the laws and interpreting them. In federal states, it also acts as the guardian of the Constitution. The Articles of Con- federation did not make any provision for a federal judiciary. How- ever, when the Constitutional Convention made plans for a federal government, it found necessary to provide for a Judiciary. As Alexander Hamilton mentioned: "A circumstance which crowns the defects of the Confederation remains yet to be mentioned: the want of a judiciary power. Laws are a dead letter without courts to expound and define their true meaning and operation." The Constitution specifically provided for a Supreme Court, and also for "such inferior courts as the Congress may from time to time ordain and establish." Though broad jurisdiction was given to these courts, the Congress was left to decide how much jurisdiction should be allocated to them. In the United States of America there are two sets of courts: (1) The Supreme Court and the lower federal courts; (2) The State Courts. The federal court usually settles disputes between the center and the units, while the state courts deal with subjects of state or local importance. Though these systems appear separate they function in a paral- lel manner. For instance, it is possible for the federal courts to receive appeals from the state courts. Further, the Supreme Court holds the final jurisdiction in case of constitutional matters. Because of having two court systems existing side by side, the court system of the United States is called dual court system. Despite differences in structure and jurisdiction, all the states possess an inte- grated system of courts including superior courts, appellate courts and a state supreme court. The state courts play an important role, as they handle around nine - tenths of the total litigation in the U.S.

7.2 Jurisdiction of the Courts

Every court, whether it is a federal court or a state court, has the authority to hear certain kinds of cases. This authority is called the jurisdiction of the court. In the dual court system, the state courts have

84 jurisdiction over cases involving state laws, while the federal courts have jurisdiction over cases involving federal laws.

Jurisdiction of the federal courts: The jurisdiction of the federal courts is determined by two factors- the subject matter of a case and the parties who are involved in a case. If the subject of a case involves the interpretation of the Constitution, a federal law, or a treaty with a foreign nation, the case is tried in a federal court. Cases involving admiralty or maritime law –that is, the law of the sea, including ships, their crews, and disputes over actions and rights at sea-also come under the jurisdiction of the federal courts. If a case involves bankruptcy, it too will be tried in a federal court. The federal courts also hear cases if certain parties or persons are involved in a case. These include the following: 1) foreign ambassadors and other representatives of foreign governments; 2) two or more state governments; 3) the United States government or one of its office and agencies; 4) citizens of different states; 5) a state and a citizen of a different state; 6) citizens of the same state claiming lands under grants of different states; 7) a state or its citizens and a foreign country or its citizens.

Concurrent Jurisdiction: In most cases, the difference in jurisdiction between the federal courts and the state courts is clear. There are some kinds of cases, however, in which cases may be tried in either the federal courts or the state courts. Cases in which the two kinds of courts share jurisdiction are said to be under concurrent jurisdiction. Concurrent jurisdiction exists, for example, in cases in which citizens of different states are involved and in which the money in dispute is at least $10.000. In such a case, a person may sue in either a federal or a state court. However, if the person being sued insists that the case be heard in a federal court, it must be tried there. Original and Appellate Jurisdiction: The court in which a case is first tried is known as a trial court. A trial court is said to have original jurisdiction. In the federal court system, the district courts as well as several other lower courts have only original jurisdiction. If a person who loses a case in a trial court wishes to appeal a decision, he or she may take the case to a court with appellate jurisdiction. In the federal court system, the courts of appeals have appellate

85 jurisdiction. Thus, a party may appeal a case from a district court to a court of appeals. And if that party loses in the court of appeals, he or she may appeal the case to the Supreme Court, which also has appellate jurisdiction.

7.3 Supreme Court

The Supreme Court stands at the top of the American legal system. Article III of the Constitution created the Supreme Court as part of a co-equal branch of the national government, along with Congress and the President. The Supreme Court is the only court specifically provided for in the Constitution. The Supreme Court is the court of last resort in all questions of federal law. The Supreme Court has final authority in any case involving the Constitution, acts of Congress, and treaties with other nations. Most of the cases heard by the Supreme Court are appeals from lower courts. The Court meets in an impressive marble building across the street from the Capitol. The Court building is four stories tall and occupies a full square block. The exterior is made of pure Vermont marble. A thousand freights cars were needed to haul the marble from Vermont. Not surprisingly, the Court building has been called the “marble palace”. The Court hears cases in a large courtroom on the first floor which is open to the public. Near the courtroom is a large conference room where the Justices of the Court meet privately to decide cases. The first floor also contains the offices of the Justices, their law clerks, and secretaries. Jurisdiction of the Supreme Court: The Supreme Court has both original jurisdiction and appellate jurisdiction. Original Jurisdiction: The Court’s original jurisdiction is set by the Constitution (Article II, Section 2). It covers two types of cases: 1) cases involving representatives of foreign governments, and 2) certain cases in which a state is a party. Congress may not expand or curtail the Court’s original jurisdiction. These types of cases come directly to the Supreme Court for trial. The Supreme Court’s original jurisdiction cases form a very small part of its yearly workload. An average of less than five such cases a year is heard by the Court.

86 Most of the cases the Court decides fall under the Court’s appellate jurisdiction.

Appellate Jurisdiction: Under the Supreme Court’s appellate jurisdiction, the Court hears only cases that are appealed from lower courts. As part of its appellate jurisdiction, the Court may hear appeals from parties dissatisfied with the decisions of the various federal courts of appeals. In addition, the Court may hear cases from federal district courts in certain instances where an act of Congress was held unconstitutional. The Supreme Court may also hear cases that are appealed from the highest court of a state if claims under federal law or the Constitution are involved. In such cases, however, the Supreme Court has the authority to rule only on the federal issue involved in the case, not on any issues of state law which may be involved. For example, a person charged with violating a state criminal law will be tried by a state court. During the trial, however, the accused may claim that his constitutional rights under the 14th Amendment were violated by an illegal search when he was arrested. The case may be appealed to the Supreme Court on the constitutional issue only. The Supreme Court has no jurisdiction to rule on the state issue (whether the accused actually violated state law). If it takes the case, the Supreme Court will decide only the federal issue (whether the police violated the accused rights under the 14th Amendment).

7.4 Election of Judges The judges of the trial, appellate and state supreme courts are generally elected. The municipal and county judges hold office for a term of four years, while judges of the higher courts have eight to twelve- year terms. This enables judges to remain independent of political influence. Several states have established administrative offices to give more efficient assistance to state chief justices and supreme courts. Inter- state associations of trial judges, chief justices and court administrative officers continuously work towards improving the state judicial machinery and procedures.

87 The Justices of the Supreme Court: The Supreme Court is composed of nine justices: the Chief Justice of the United States and eight Associate Justices. The number of Justices is set by Congress. Over the years it has varied from five to ten. Term of office and salary: Supreme Court Justices are appointed for lifetime terms by the President with approval of the Senate. The eight Associate Justices receive a salary of $100.600 per year. The Chief Justice receives a salary of $104.700. Congress sets the Justices’ salaries and may not reduce them. Under the Constitution, Supreme Court Justices, like other federal officials, may be removed from office only through impeachment for and conviction of “treason, bribery or other high crimes and misdemeanors”. No Supreme Court Jus- tice has ever been removed from office through impeachment. Duties of the Justices: The Justices’ duties are not described in the Constitution. Instead they have developed from laws passed by Con- gress and by tradition. The main duty of the Justices is to hear and rule on cases. This involves them in three decision-making tasks: deciding which cases to hear from among the thousands appealed to the Court each year; deciding the case itself; deciding what explana- tion to offer for the decision, called the Court’s opinion. The Chief Justice has several additional duties. The Chief Justice presides over public sessions of the Court and the conferences of the Court at which the cases are discussed. The Chief Justice is expected to exercise leadership in the Court’s judicial work. The Chief Justice also helps to administer the federal court system. Background of the Justices: Throughout the Court’s history just over 100 men and one woman have served as Justices. Although not a formal requirement, a Justice is expected to have a law degree and to have considerable legal experience. A majority of all Justices have been state or federal court judges or have held other court-related positions such as Attorney-General. One former President, William Howard Taft, served as Chief Justice. Young people are not typically appointed to the Court. Most of the Justices selected in the 20th century were in their fifties when they came to the Court. With three exceptions, the remainders were over sixty years old. Justices have not been representative of the general population in social class, background, and race. Most Justices have come from upper status families. Through 1986, all Justices but one have been

88 white and men. About 90 percent have been of British ethic origin and over 85 percent have been Protestants. Selecting and Appointing the Justices: Justices reach the Court through appointment by the President with Senate approval. Today such approval is usually granted. Usually Presidents will choose someone from their own party. In fact, nomination to the Court has sometimes come as a reward for faithful service to the party. In identifying and selecting candidates for nomination to the Court, the President receives help from the Attorney-General and other Jus- tice Department officials. The Attorney-General usually consults with the legal community and proposes a list of possible candidates for the President to consider. In making the final selection, the Presi- dent and the Attorney-General may also check with leading members of Congress. In addition, they hear from several different groups that have a special interest in the selection of the Court member.

Assignments:

Keynote Questions: • To which governmental body does the Constitution grant “the judicial power of the United States”? • What is meant by the dual court system in the United States? • What is jurisdiction? • What kind of jurisdiction is involved for the Supreme Court most cases? • Why are judges in most federal courts appointed for a lifetime term? • How may a Supreme Court Justice be removed from office?

For Thought and Discussion: • Supreme Court Justices and judges of most other federal courts are appointed for life. Discuss the advantages and disadvantages of this system. • The Constitution establishes qualifications for members of Congress and for the President, but makes no mention of qualifications for federal judges. Comment on this.

89 Comment on what the President should consider while selecting federal judges and whether special qualifications should be established. • Do you believe that federal judges should be elected or appointed? Give reasons to support your view.

Suggested Activities: • Choose one case typical for American reality. Play a trial taking into account American judicial system. • Choose another case typical for Armenian reality. Play a trial taking into account Armenian judicial system.

90 CHAPTER 8

STATE GOVERNMENT

“But what is government itself but the greatest of all reflections of human nature”

James Madison

91 8.1 State Constitutions

One of the most distinctive features of the American governmental system is the division of powers between the National Government and the States. Most of the contacts that most citizens have with government in US are with the States and their local governments, not the National Government. The States and their local governments have major responsibilities in many areas of public policy, most of them of immediate (often day-to-day) concern to most people in America. They are responsible for the delivery of vital public services in such fields as education, transportation, welfare, public health, law enforcement, agriculture, the environment, labor management relations, and many, many more.

Each of the 50 States has a written constitution. That fact, in itself, is very important. From the very beginning, government in US has been based on written constitutions. The United States has sometimes been described as “a land of constitutions”. Since the first State constitutions were written in 1776, the States have drafted and approved nearly 150 of them. In a very real sense, each of the present-day State constitutions is a link in a chain of written documents that now stretches over nearly 400 years of American history. A State constitution is that State’s supreme law. It sets out the way in which the government of that State is organized, and it distributes power among the various branches of the State government. It authorizes the exercise of governmental power. A State’s constitution is superior to any and all other forms of State and local law within that State. However, each State’s constitution is subordinate to the Constitution of the United States. No provision in any State’s constitution may conflict with any form of federal law.

The First State Constitutions: When the 13 colonies became independent, each faced the problem of establishing a new government. On May 15, 1776 the Second Continental Congress advised each of the new States to adopt “such governments as shall, in the opinion of the representatives of the people, best conduce to the happiness and

92 safety of their constituents in particular and America in general”. Despite their several shortcomings most of the colonial charters served as models for the first State constitutions.

State Constitutions Today: The present-day State constitutions are the direct descendants of those earlier documents. Most surprisingly, they are somewhat like and at the same time, very different from their predecessors. Each document sets up a framework of government much like that to be found in the other States. All of them are based on nearly uniform principles. Still there are unique provisions in each of them, as well as several other variations among them. Constitutions are the product of human efforts. No constitution is perfect. Sooner or later, changes become necessary or at least desir- able. Each of the State documents recognizes that fact. Each sets out the means by which it may be formally changed, that is, revised or amended.

Basic Principles: Every State’s fundamental law is built on the principles of popular sovereignty and limited government. That is, each State constitution recognizes that government exists only with the consent of the people and that it must operate within certain, often closely defined bounds. In every State, the powers of government are divided among executive, legislative and judicial branches: Each of those branches has powers with which it can restrain the actions of the other two. That is, each of the 50 documents proclaims the concepts of separation of powers and checks and balances. Each also provides, either expressly or by implication for the power of judicial review.

Protection of Civil Rights: Each document has a bill of rights, a listing of the rights that individuals hold against the State and its officers and agencies. Most constitutions set out guarantees much like those found in the first 10 amendments to the national Constitution. Seve- ral documents include a number of other guarantees, as well, such right to self-governments, to be safe from imprisonment for debt, to leave State, and to organize labor unions and bargain collectively.

93 8.2 State Legislatures

The size of the legislature, the details of its organization, the fre- quency and the length of its sessions, and its official name vary among States. But, in every State the legislature is the lawmaking branch of State government. It is charged with translating the public will into the public policy of the State. The legislature has been described as “the powerhouse of State government”. With its vast lawmaking powers, it creates the energy needed to operate the governmental machinery of the State and its local units. In some states “the legislature” is called General Assem- bly, in others Legislative Assembly or General Court.

Size, Qualifications, Election, Terms, Compensation: Size: The size of the legislature varies among the 50 States. In each State, however, there are constitutional provisions for how seats in each house are to be distributed. There is no exact figure for the ideal size of a legislative body. Two basic considerations are important, however. First, a legislature, and each of its houses, should not be so large as to hamper the orderly conduct of the people’s business. Sec- ond, it should not be so small that the many views and interests within the State cannot be adequately represented. Qualifications: Every State’s constitution sets out certain qualifications-of age, citizenship, and residence-for membership in the legislature. They do vary but, on the whole, they are easy to meet. In most States, representatives must be at least 21, although in several States the minimum age for service in either house is now 18. Most States set a higher minimum age for senators, usually 25. Regularly, a legislator must be a citizen of the United States, a legal resident of his or her State, and also live in the district he or she represents. The realities of politics place still other –informal and more meaningful – qualifications on those who seek seats in the legislature. These factors of political availability vary somewhat from State to State, and even from district to district within a State. They have to do with a candidate’s vote-getting abilities and are based on such characteristics as occupation, name familiarity, party identification, race, national origin, and the like. The “right” combination of these factors

94 will help a candidate to win nomination and then election to the legislature. Election: Legislators are chosen by popular vote in every state. Nearly everywhere, candidates for the legislature are nominated in party primaries, and opposing candidates face one another in partisan general election. In most States the lawmakers are elected in No- vember of even-numbered years. Terms: The legislators serve either two-year or four-year terms. Senators are usually elected for longer terms than are their colleagues in the lower house. They serve for four years in 38 States and for two years in other 12. The rate of turnover in legislative seats –the number of new members in each session-is fairly high among the States. Typically, there are more new faces in the lower house than in the senate each term. This is mostly the result of the larger size of the house and the usually longer senate term. It also reflects the fact that members of the lower house often seek “promotion” to the upper chamber. Compensation: How much legislators are paid is a very important matter-and not only to legislators themselves. Some people feel that the honor and the supposed prestige of sitting in the State’s lawmaking body are payment enough. Some people apparently think that legislators are not worth paying at all. But most people seem to be quite unaware of the matter. However, the cold, hard facts are these: it costs money for legislators to live, and it costs them money to take time away from their normal occupations to serve the State. Far too often capable men and women refuse to run for the legislature because of the financial sacrifices they would have to make. Most States also provide some sort of additional allowances. The basic salary is now $937 a month or $22.488 for the biennium, a two-year period. In addition, each member receives an expense allowance: $62 for each day of the legislative session (annually 180 days). Each member also has a $550 per month expense allowance for each month in which the legislature is not in session. The total compensation per member, when both salary and allowances are combined, comes to about $22.000 a year.

Legislative Powers: Each State’s legislature can pass any law that does not conflict with any federal law or with any part of that State’s

95 constitution. It is, therefore, impossible to catalog all of the powers held by a State’s legislature. Even so, most of the State constitutions do list several of the legislature’s more important powers. Those most often mentioned include the powers to tax, spend, borrow, establish courts, define crimes and provide of their punishment, regulate commercial activities, and maintain public schools. Non-legislative Powers: Each State legislature has certain non legislative powers-powers in addition to those that body exercises in the making of law. Executive Powers: Some of the legislature’s powers are executive in nature. For example, the governor’s power to appoint certain State officials is often subject to approval by the legislature, or at least its upper house. Judicial Powers: Each State legislature also has certain judicial powers. The chief illustration is the power of impeachment. In every State except Oregon, the legislature can remove any executive officer or judge through that process. Each legislature also has judicial powers with regard to its own members. Thus, disputes about the election or the qualifications of a member-elect are usually decided by the house involved in the matter. Besides, legislators themselves are not subject to impeachment, each chamber has the power to discipline-and in extreme cases, even expel any of its members.

8.3 Governor and State Administration

Governorship: The Governor is the principle executive officer in each of the 50 states. The governor is always a central figure in state politics and is often a well-known national personality, as well. Go- vernors today hold an office that is the direct descendant of the earliest public office in American politics.

Much of the colonial resentment that finally explored into revolution was directed at the royal governors. That attitude was carried over into the first State constitutions. The new State governors were given, for the most part, little real authority. Most of the powers the first state governments had were given to the legislature. In every state except Massachusetts and New York, the governor was chosen

96 by the legislative body and in most of them only for a one-year term. That original separation of powers soon proved unsatisfactory, however. Many of the State legislatures abused their powers and the weak governors were unable to respond. So, as new constitutions were written, and the older ones revised, the powers of the legislatures were curbed and the powers of the governors generally increased. Qualifications: To become the governor of any of the states, a person must meet two quite different sets of requirements. He or she must satisfy both the formal qualifications set by the state’s constitution and those informal qualifications set by the state’s politics. Formal Qualifications: With some variations the state constitutions require that the governor (1) be an American citizen, (2) be of at least a certain age, usually 25 or 30, (3) have lived in the state for some period of time, most often for at least five years, and (4) be a qualified voter. Clearly these requirements are not very difficult ones. In fact they are met by hundred of thousands of persons in every state. It is those other qualifications –the political ones that have the real meaning and importance here. Informal Qualifications: Any person, who wants to be a governor or hold any other elected office, must first satisfy certain political requirements. He or she must be “available” that is, must have those characteristics that will attract the voters in the general election. Race, sex, religion, personality, name familiarity, party membership, experience, stands on the issues, the ability to use television effectively - these and several other factors are all a part of the mix. Selection: In every state the governor is chosen by popular vote. In all but four states, only a plurality is needed for election. Term: The one-year gubernatorial term has disappeared. Nearly everywhere the governor is now chosen for a four-year term. Only three states provide for a two-year term. Half of the states still place some limit on the number of terms governors may serve. The governor may be removed from office by the impeachment process in every state except Oregon. Compensation: Gubernatorial salaries now average about $75.000 a year. The spread is fairly wide among the states. However, from the few where the pay is quite low to as much as $130.000 in New York and $100.000 in Michigan and North Carolina. Most states also pro-

97 vide the governor with an official residence, generally called “the governor’s mansion” and more or less generous expense account. Several Presidents were governors before entering the White House- including since 1900: Theodore Roosevelt, Woodrow Wilson, Calvin Coolidge, Franklin Roosevelt, Jimmy Carter and Ronald Reagan.

Role of the Governor: Notice first that the governor, like the Presi- dent plays many roles. He or she is, at the same time, an executive, an administrator, a legislator, a party leader, an opinion leader, and a ceremonial figure. The basic legal responsibility of the governor is regularly found in a constitutional provision directing the chief executive to “take care that the laws be faithfully executed”. Though the executive authority may be divided, the governor is given a number of specific powers with which to accomplish that job effectively. The state’s principal executive officer has three quite important formal legislative powers: (1) to send messages to the legislature, (2) to call the legislature into special session, and (3) to veto measures passed by the legislature. These powers, together with the governor’s own political clout, often make the governor, in fact, the state’s chief legislator. In every state the governor has several powers of a judicial nature. Most of them are usually referred to as the powers of executive clemency-powers of mercy that may be shown toward those convicted of crime. By the power to pardon a governor may release a person from the legal consequences of a crime.

8.4 State Court Systems

Courts are tribunals established by law for the administration of justice according to law. All the courts of a State make up its court system, the State judiciary. The principal function of the state courts is to decide disputes between private person and government. State courts protect the rights of individuals, as guaranteed in both the federal and the state constitutions. They determine the innocence or guilt of persons accused of crime.

98 Assignments:

Keynote Questions: • What is a State’s constitution? • What are the major features of the 50 State constitutions? • What is the purpose of a State’s constitution? Why may it be said that “constitutions govern governments”? • Why may each State’s constitution not conflict with federal law? • What is the basic function of each State’s legislature? • Why are all of the State legislatures except one bicameral today? • For what terms are the members of each house chosen in State? How much are they paid? • What are the formal and informal qualifications one must meet in order to become a governor? • What salary does the governor receive? • What are the governor’s legislative powers; judicial powers? • What is a court? What functions do courts perform and what is a court’s jurisdiction?

For Thought and Discussion: • Write a brief description of the background, drafting, ratification, and development of the constitution. • Describe the informal qualifications required for someone who wants to be elected governor in your State/Community. • You have the power to name the judges of the courts, enumerate qualifications for the candidacy. • Are justice and law synonymous terms? Explain your response. • Discuss on the following topic: All crimes more likely to be prevented by the severity of the punishments imposed or by the certainty of punishment.

99 Suggested Activities: • Stage a debate or class forum on one of the following questions: the legislature should be restructured as a uni- cameral body. • Hold a moot court session –that is, a mock trial-in which the steps of a trial are reenacted.

100 CHAPTER 9

ELECTIONS AND VOTING

“… whenever any Form of Government becomes destructive… it is the Right of the People to alter or to abolish it, and to institute new Government”

Declaration of Independence

101 9.1 Election Process

In a democracy, citizenship involves certain responsibilities, because the people themselves assume command. Their welfare depends on their efforts and judgment. They can have an able government only if they provide it for themselves. The citizens have several obligations, among which is voting in elections for which they are eligible. An inescapable condition in a democracy is "one man, one vote." In fact one of the requirements of democracy is a counting of heads for the selection of public officers, through whom public policy is determined. It is also essential in this counting of heads that each mature and responsible member in a democracy should possess one vote, equal in its weight and effect to the vote cast by another member.

Universal Manhood Suffrage and Expansion of Suffrage: The expression "the right to vote" has many variations. The voting is also known as the suffrage, the franchise, or balloting. The people who possess the right to vote are known as the voters or the electorate. The Constitution provided in Article I, Section 2 that "the electors in each state [voting for members of the House of Representatives] shall have the qualifications requisite for electors of the most numerous branch of the State Legislature." The history of suffrage in America has been a continuous struggle, to extend the right to vote from a small group of property-owing males to the majority of the adults. The establishment of universal suffrage among white males of voting age in the United States was hastened by the democracy of the Western frontier, and a growing interest in political parties. The principle of universal manhood suffrage for whites was widely recognized toward the middle of the 19th century. This period, which was characterized by a number of voting restrictions being removed, is known as the "Age of Jackson" or "Age of the Common Man." How- ever, even under this apparently "universal" franchise, the African Americans were denied the right to vote.

Expansion by Amendment: There were three great struggles over the right to vote. This right was expanded thanks to a number of essential constitutional amendments. The first struggle was against property tests for voting. It was argued by conservatives like Chan-

102 cellor Kent of New York, that if the poor secured the right to vote, they would sell their votes to the rich. However, by the middle of the 19th century property restrictions came to an end owing to the democratic, egalitarian mood of America and the desire of politicians to lower voting barriers so that they could secure votes. The second struggle for Negro suffrage was aided by the Fifteenth Amendment (1870) to the Constitution which states that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude." The third great struggle was related to women's suffrage. It was argued by husbands that women had no place at the polling booth and that husbands could vote for the entire family. Aroused by this, women organized noisy parades, drew up petitions, established a Washington lobby, picketed the White House, went on hunger strikes in jail and won a breakthrough in the Nineteenth Amendment (1920), which enfranchised women and doubled thus number of qualified voters in the United States.

Obstacles to Voting: Though African American males gained the suffrage in 1870, by the adoption of the fifteenth amendment, states with large Negro populations continued to deny them the right. They attempted to limit Negro voting by various methods such as the so- called grandfather clause, the white primary, the poll tax requirement, literacy tests as well as manipulation of registration provisions. The states managed to manipulate the rights of the African Ameri- cans as they had the authority to set registration procedures.

Poll taxes: Many states required the payment of a poll or head tax as a prerequisite to voting. A poll tax is a direct personal tax levied at a stated rate per head on all adults as a rule by a local government under state authority. Owing to the poor economic status of the average African American in the south, the poll tax was an effective method of keeping Negroes from voting. The Twenty-fourth amendment finally abolished this tax in 1964.

Literacy tests: Voters were required to be able to read any section of the Constitution, or to understand and give a reasonable interpreta-

103 tion of a section read out to them. Such literacy tests were adminis- tered in a discriminatory manner, while the African Americans were asked to interpret more complex passages; the whites were given fairly simpler ones.

Good Character tests: An endorsement of their "good character" from two or more registered voters had to be provided by aspirant African-American voters in the South.

Grandfather clause: This clause was often used together with the literacy tests. It provided that a person could qualify under the first alternatives, which was out of the question for the African Ameri- cans whose ancestors had been slaves, and who had not been thus able to vote. Present day voters have five general voting requirements concerning citizenship, residence, age, literacy and registration. Thus, Native Americans were empowered to vote by an act of Congress in 1924, which made them citizens of the United States. By 1952, the Con- gress was able to overturn laws denying citizenship to Asian immigrants.

However, registration requirements create difficulties for those who do not have an address. Though churches provide cubbyhole addresses to some of the homeless, many of them do not have the right to vote. Similarly students living for most of the year, away from their home, can only vote through an absentee ballot, owing to state and local residency requirements. So while they do get the right to vote, they have no say over the political proceedings in the place where they spend the major part of their year.

Voter Turnout: On an average, the proportion of Americans, who vote, is smaller than that of other nationalities like the British, French and Italians. Millions of Americans do not wish to vote or fail to go to the polls on voting day. This was not always the case. In 1876, 86% of the adults enfranchised males cast their vote. However, from the early 1900s there has been a steady decline in voter participation, which increased only slightly in the era of Franklin D. Roosevelt. About 40% of the potential voters did not cast their vote in the 1968

104 presidential election. During the state and local elections, participation is even lower.

The Process of Registering: Elections would not be possible today, without the registration of the voters. Almost every state has the requirement that a person must register if he wishes to vote. A registered voter is a person who has come before the elections during a fixed period and has established his right to vote. The function of a system of registration is to record the names and qualifications of all persons who meet the voting requirements in the particular jurisdiction. Once registered, a person's name appears on registration lists and it is checked off when he votes. The objective of a good registration system is to ensure that only those who are entitled to register do so. It also encourages all that register, to vote. Registration helps to keep the records up-to-date, by removing the names of those that have died, have shifted to another jurisdiction or have become disqualified in some other way. Finally it is a precaution for avoiding impersonation or similar frauds by en- suring that the voters who go to the polls are the same as those who are registered. The National Voter Registration Act may help to in- crease voting in elections as it permits individuals to register to vote at the time of renewal of their driver's license.

The Process of Voting: The popular votes on federal candidates are usually filed on Tuesday. The workers of both major parties make great efforts to get out the vote of their constituents on that day. All voting is done by secret ballot, thus reducing the opportunity for co- ercion of several states offer the opportunity of filing absentee ballots when it is inconvenient for the voter to attend at the polls. The polls are generally open for voting from sunrise to sunset, after which the counting process begins. Voting machines make it easier to obtain results quickly and announcements about the results begin to be made. News about the fate of the U.S. senators, representatives, and state and local officers is given along with the news of the presidential election.

Who Votes and who doesn't: There is a variation of the extent of voting among different types of persons, areas and elections. People

105 earning low-incomes tend to vote in fewer numbers than the wealthy because they have less economic security and experience less of a sense of control over their political environment. Again, college- educated people, consider voting to be a civic duty since they are more exposed to political ideas and personalities. Middle-aged people, with higher incomes tend to vote more than younger people who are busy getting established and older people suffering from the in- firmities. Women may also feel less social pressure to vote, than men may. Finally, an important psychological factor influencing a person's decision to vote is his identification with his political party. A partisan, concerned about the outcome of the election, can be in- duced to vote, owing to his strong partisanship.

Other devices have been used to permit public opinion to influence public policy. Thus, through initiative voters can themselves legislate. A proposed statute or constitutional amendment is placed upon the ballot by securing the signatures of a required number of voters. It goes into effect, if it is approved by the voters. Thus with help of the initiative process, a major property tax reform was approved by voters in California. The referendum is another device by which a bill or constitutional amendment that has been voted by the legislature is submitted for the approval of the electorate before it goes into effect. Finally by recall a public officer may be removed before his term is completed, if his policies meet with their disapproval.

Voting Choices: The votes of most people are determined by their predisposition. Most people vote traditionally, thus supporting a party and its candidate. The votes for a particular candidate are usually dependent upon either the candidate's personality or the issues for which he stands.

Voting the Party Line: About one-fourth of the electorate, who are strong party supporters, votes a straight party ticket. For example, a Democrat votes only for Democratic candidates, and the Republicans also do likewise. However, voters may vote for a split ticket if they do not identify strongly with a particular party. Thus they may vote for a Democrat for one office, and for a Republican for another post. Generally, the family tends to vote for the same party. Children are

106 normally brought up in a one-sided political atmosphere. Thus, most voters support their party almost automatically, regardless of the candidates of the issues. Voting for the same party over the years may indicate a person's national view of his self-interest. However, changes in age difference between the two generations may weaken the "inherited" party allegiance.

The Personality Element: Party identification is not the only factor determining the voter's choice. Some people deport from their traditional party affiliation to vote for the opposition candidate only due to his personality. Thus, Eisenhower won the votes of many Democ- rats because his personality was appealing to millions. A candidate's character and the conduct of his private life are also important factors determining the voter's choice.

Issue Voting: Often important issues form a litmus test for voting choice. The voters take into consideration the candidates stand on crucial issues like abortion and immigration reform. If this coincides with their own stand, voters are more likely to vote for that candidate. But when two candidates hold the same stance on a particular important issue the voter may find it difficult to choose the right one. Often religion can also become a crucial issue. For example, Ken- nedy lost a higher number of Southern white Protestant votes than is normal for a Democratic Presidential candidate.

9.2 Presidential Elections and Pre-Election Campaign

Getting Nominated and Campaigning for Office: Recruiting and selecting candidates for office is the function taking up most of a party's energy and interest. Parties have generally been the mechanism for the selection of candidates for public office. “Direct primary” was the method adopted in order to democratize party selec- tions. Every member of the party gets the right to vote on party candidates in a primary election. The state generally supplies the ballots and supervises the primary election that is held before general election in November. There are two kinds of primaries. In the closed primary, the party permits only the party adherents to vote. However, some states hold an open primary election in which any qualified

107 voter can participate in the primary of any party, without the necessity of revealing his party affiliation.

Nominating a President: In order to attain the presidency, a person has to be first nominated at this party's national convention. The national convention is a famous and unique political institution at which party delegates meet, usually in June or July of each election year, to formally nominate presidential candidates. In Presidential primaries, the candidate securing most of the primary votes gets all of the state's delegates. The delegates from the local level may also be chosen for the county caucus, in caucus states. They then go to the state convention. Thus, much before the convention itself, the party's nominee for President is selected at the primaries or caucuses.

Political Campaigns: The political campaigns usually start a year or two before the convention itself. The campaigns are the most intensive and prolonged efforts to win the high office of the President. The candidates travel in elaborately manned and equipped trains and planes, to make a series of carefully planned addresses in key cities. Campaigns include the use of radio and television in order to reach millions of listeners, keenly interested in the presidential sweep- stakes. Millions of pieces of campaign literature are distributed and thousands of campaign workers work tirelessly at the tasks of winning votes. Political campaigns are indeed costly undertakings. Initially, no attempt was made by the federal government to control the financing of elections. However, according to Federal Election Campaign Act of 1971, and subsequent amendments, a limit has been imposed on the amount that can be given to presidential candidates by individuals and organizations like political action committees. The Federal Election Commission (1974) imposed a spending limit on presidential primaries. Further only candidates, who raise a certain amount of contributions on their own, are given federal matching funds. Presidential campaigns usually begin in early September, around Labor Day. They end on Election Day in November, on the first Tuesday after the first Monday of the month. During the campaign’s eight weeks, all candidates try to persuade the voters that they should be the next President. The lucky winner will occupy the White House

108 for four years. A presidential campaign must be carefully planned, organized, and financed. The campaign must communicate to voters across the nation a favorable image of the presidential ticket and the political party it represents. There is only one way to measure the success of a campaign – it must end in victory. For a presidential candidate, victory means winning a majority, not of the popular votes, but rather, of the electoral votes. To be elected a President, a candidate must win at least 270 electoral votes out of the total of 538. To achieve this, a candidate must pay special attention in the campaign to those states with large number of electoral votes. The candidate who wins the greatest number of popular votes in a state receives all of that state’s electoral votes. The candidate who loses the popular vote in a state receives none of that state’s electoral votes. The number of a state’s electoral votes is based on upon the total of its representatives in Congress: House members and Senators. For example, Georgia has 12 electoral votes-10 members of the House of Representatives and 2 Senators. The larger a state’s population is the more electoral votes it has. The twelve biggest states have a total of 279 electoral votes. If a candidate can win all of these “magic dozen” states candidate would win the Presidency, since 279 is 9 more that the 270 majority needed. It makes sense for a presidential candidate to devote most of the campaign effort to the big electoral-vote states. However, when the magic dozen states appear to be divided between the contenders, then those states with smaller electoral votes become vital to the candidates. In almost every presidential election, each candidate identifies certain key states, which must be carried in order to obtain an electoral vote majority. The Importance of Campaign Organization: Planning how to cap- ture key states is only one of the many decisions a presidential candidate must make. A strategy is needed to decide many other matters. It is the candidate’s campaign organization that is involved in making these decisions. In addition, it takes care of the thousand-and-one details that must be dealt within a campaign. A strong presidential organization is essential to the running of a campaign. Very few modern presidential candidates have been successful who did not have well-run organizations behind them to coordinate and operate their campaigns.

109 Financial Election Campaigns: Running for political office is a costly undertaking. Candidates must pay for such things as television and newspaper ads, campaign travel, office expenses, campaign but- tons, and direct-mail advertising. Until the 1970’s candidates for public office relied on contributions from business organizations, labor unions, and interested individuals for the bulk of their funds. This system of financing political campaigns had certain obvious drawbacks. It tended to give wealthy individuals and groups the opportunity to wield a great deal of political power. It left open the suspicion that successful candidates owed special favors or treatment to the people who contributed to their campaigns. It meant that political figures with greater access to money stood a better chance of reaching the voters than those who did not command such support. Thoughtful citizens believed that a better way could be found to fi- nance campaigns. The answer was a series of Federal Election Cam- paign Acts. In these laws Congress provided for a new system of campaign financing for federal elections based on three principles: 1) public funding of presidential elections; 2) limitations on the amounts presidential candidates could spend on their campaigns; 3) public disclosure of how much candidates spend to get elected. Un- der these laws, business organizations and labor unions are now prohibited from making any direct contributions. However, individuals may contribute up to $1.000 to any candidate’s primary or general election campaign. Individual contributions to a national political party’s campaign are limited to $20.000. There is a $25.000 ceiling on an individual’s total contributions. Presidential candidates have the choice of either accepting or not accepting federal funding for their campaigns. If they do not accept, they must then raise all campaign money on their own. In this case, there is then no ceiling on what they may spend. If they do accept-and all presidential candidates since 1976 election campaign have accepted federal funding – they are limited in the amount they may spend. Candidates for the Senate and House of Representatives receive no public funding for their campaigns. They must raise the money from private individuals and organizations. However, there is no ceiling on how much they may spend. Under the federal election laws, candidates, political action committees, and political parties must keep records of contributions and re-

110 port to the Federal Election Committee (FEC) all contributions over $100. The FEC, an independent agency in the Executive branch, ad- ministers the federal election laws. The FEC’s records are open to public inspection. Presidential Candidates’ Image and the Mass Media: The image or mental picture that voters have of a candidate is extremely important. The candidate who is perceived as the “more presidential” has a decided advantage on Election Day. Usually, voters want as Presi- dent a person who is seen as intelligent, responsible, friendly, forceful, and sincere, among other qualities. These images created largely by the mass media, particularly television. The mass media are extremely powerful tools in any campaign, since they can create both positive and negative images for the candidates. Television has become the most important communication tool for a presidential candidate. Television commercials, paid for by the candidates, are one way candidates are assured of reaching the voting public. Television stations are required by law to run such commercials if requested to do so and if the candidates can pay for the airtime. A candidate’s organization spends a great deal of time and effort on the writing and production of such commercials. Usually television professionals are employed by the candidates to help select the themes to be stressed, decide on the physical setting that will make the best impression, and even choose the clothes the candidate is to wear on the commercials. Another way in which television is used in presidential campaigns is for the candidates to participate in debates that are watched by millions of viewers on their home screens. Candidates need not participate in televised debates if they do not wish to do so. Voting by American citizens is absolutely vital to the success of democracy. After all, democracy means “rule by the people”. Through their votes, Americans have the power to select over 500.000 governmental officials at all levels of government – at the federal level (President and Congress members), the state level (governor, state legislators, judges, etc.) and the local level (mayor, council members, etc.). The right to vote-suffrage is the foundation of American democracy. Today all American citizens eighteen years old or older may exercise this right.

111 Assignments:

Keynote Questions: • What does a presidential candidate need to win electoral votes? • What factors make influence on the voter to vote for the candidate? • Generally, how long must a person reside in a state before he or she is eligible to vote?

For Thought and Discussion: • Should presidential candidates be required to take part in televised debates? Why or why not? • Has television had positive or negative effect on presidential campaigns? Give reasons to support your answer. • Describe what effect television has had on presidential elections. • List and explain four factors that influence voters’ decisions. • Briefly describe the campaign organization for presidential elections.

Suggested Activities: • Poll at least twenty persons, asking them which of these four factors influenced their vote in the last presidential elections: 1. candidate’s personal background, 2. their own party loyalty, 3. the issues, 4. the candidate’s image. Ask them to explain briefly their response. • If a political election campaign is in progress or has re- cently been completed, compare the television coverage and newspaper coverage of a particular candidate’s campaign. Make a poster in favor of your candidate and support him/her by a speech.

112 CHAPTER 10

CITIZENSHIP AND CIVIL LIBERTIES

“It is the function of the citizen to keep the government from falling into error”

Robert H.Jackson

113 10.1 Becoming a U.S. Citizen

A citizen is a member of a political society, a nation. As such, a citizen has certain rights and duties, along with the responsibility to participate in the governing of that society. Citizens are expected to be loyal to their government and its basic principles. In turn, the government is expected to protect their fundamental rights. Over the years, the basis of citizenship has essentially changed in the United States. Today citizenship is national, and its legal basis is described in the federal Constitution. The federal Constitution as it was written in 1787, mentioned citizenship only as a qualification for holding office in the federal government. The Founders assumed that it was up to the states to say who was not a citizen. It was also assumed that a citizen of a state was a citizen of the United States. The only exceptions to this were immigrants who became United States citizens through naturalization procedures established by the national government. The importance of state citizenship was emphasized by the Supreme Court in the famous and controversial Dred Scott case of 1857. In this case, the Supreme Court ruled that a black, Dred Scott, could not be considered an American citizen because blacks whether slave or free, were not recognized as citizens of the states at the time the Con- stitution was adopted. Only descendants of people who were state citizens in 1787, or immigrants who became citizens through naturalization were United States citizens. The Dred Scott decision caused great outrage and protest and was one of the vents that led to the Civil War. In 1868, three years after the end of the war, the 14th Amendment to the Constitution was adopted. The amendment re- versed the Dred Scott decision and also put citizenship under national rules and control. Thus, all persons, whatever their race born in the United States and subject to its government, are qualified citizens. The 14th Amend- ment sets forth two of the three basic sources of American citizenship: birth on American soil and naturalization. There is also a third source of citizenship-being born of a parent who is a United States citizen.

114 Citizenship by Birth: As noted, according to the 14th Amendment, all persons born in the United States and subject to the jurisdiction of US government, are American citizens. Citizenship by the “Law of the soil”: The Constitution expresses the principle of jus soli which means “law of the soil” in effect grants citizenship to almost all persons born on the soil of the United States, or born in American territories. Many modern countries use jus soli as a basis for citizenship. But not everyone born in the United States is automatically a citizen. Persons born in the United States who are not subject to the jurisdiction of the United States government are not granted citizenship by the 14th Amendment. Citizenship by birth to an American parent: Birth on United States soil is the most common basis of American citizenship. Still another means to citizenship is birth to an American parent or parents. This is known in law by the Latin phrase jus sanguinis, which means the “law of blood”. Jus sanguinis applies in cases of persons who are born in foreign countries but who have an American parent or parents.

Citizenship through Naturalization: Naturalization is the process by which a person is granted the rights and privileges of a citizen. All immigrants who wish to become American citizens must go through the process of naturalization. At the end of that process, they will have almost all the rights and privileges of a native-born citizen. The major exception: a naturalized citizen is not eligible to serve as President or Vice-President of the United States. There are certain qualifications one will be expected to meet. One must have entered the United States legally and must be of good moral character. One must declare that supports the principles of American government. In addition, one has to prove ability to read, write, and speak the English language. And finally some basic knowledge of American history, and the principles and form of American government should be shown out. But at the same time, one would be denied citizenship if he/she is a draft evader, a military deserter, a polygamist, an anarchist, a communist or an adherent of any other totalitarian system.

115 How Citizenship can be lost: Only the federal government can grant citizenship, and only the federal government can take it away. State governments can deny a convicted criminal some of the privileges of citizenship, like voting, but have no power to deny citizenship itself. There are three ways to lose American citizenship: expatriation, punishment for a crime, and denaturalization. Expatriation: The simplest way to lose citizenship is through expatriation, which is the giving up of one’s citizenship and by going to live in a foreign country. Punishment for a crime: A person may lose citizenship when convicted of certain federal crimes, which involve extreme disloyalty. These crimes include treason, participation in a rebellion, and attempts to overthrow the government through violent means. Denaturalization: Denaturalization is the loss of citizenship through fraud or deception during the naturalization process. Denaturalization could also occur if an individual joins a communist or totalitarian organization within five years after becoming a citizen. Since naturalization requires an oath of allegiance to US, the law provides for denaturalization if a person participates in an organization considered disloyal to the United States.

10.2 Responsibilities of Citizens

Along with rights come responsibilities. US constitutional democracy requires knowledgeable and active citizens. Knowing about rights, laws and government: Responsible citizens need to know about the laws which govern society. They also need to be aware of their basic legal rights. Respect for the law is crucial in modern society. But respect for the law depends on knowledge of the law. Likewise the ability to use rights depends on the awareness of these rights. Citizenship involves participation: The American ideal of citizenship has always stressed each citizen’s responsibility to participate in political life. Through participation, citizens help in governing society and themselves. Through participation, citizens help fashion policies in the public interest. Through participation, as citizens put aside per-

116 sonal concerns and learn about one another’s political goals and needs. Voting is perhaps that most common way a citizen participates in political life. Voting also allows citizens to exert a very real influence on government. Armed with a vote, citizens can express their feelings about a candidate or an issue. By casting their ballots, citizens help to choose leaders and help to direct the course of government. Voting thus affirms the basic principles of American political life, which was inscribed in the Declaration of Independence: “the consent of the governed”. Voting is also important as a way of expressing the faith in the political system. There are many people who do not vote because they believe that have little effect on political life. Others do not vote because they have little interest in any form of political life. People who ignore the right to vote are turning their backs on a basic responsibility of citizenship. Other ways of participation as a citizen: There are other ways one can exercise the rights and privileges of citizenship. Here are just a few: supporting the efforts of a special interest group to influence legislation; discussing issues with a legislator or another person in government; writing letters to the editor of a newspaper or news magazine to express the opinion on an issue of the day; signing or circulating a petition on a subject of interests and exercising the right to dissent in a legal and orderly manner. All these rights are available in American democracy.

10.3 Civil liberties of Citizens

Civil liberties may be described as the basic rights of men and women in a free society. They are positive, as for example freedom of speech, assembly, petition and press. They are protective since they limit the threatened aggressions of public agencies or private individuals. They are also protected by law and the courts. Civil liberties, in a comprehensive sense, may be regarded as the natural rights to which all men and women are entitled, according to public opinion. Legally, it is proper to consider civil liberties as personal and property rights that are guaranteed by constitutions and laws against violations by governments and individuals. Men in all ages

117 have recognized certain civil liberties of the individual. Thus, the Greeks felt that men could not be condemned without a trial. The US Constitution guarantees basic political rights in the Bill of Rights, the first ten amendments and in several additional amendments. The framers of the Constitution believed that people had rights simply because they were people. In the words of the Declara- tion of Independence, people “are endowed by their creator with unalienable rights”. The Constitution and the Bill of Rights, in particular, stand as a written guarantee that government cannot abuse the rights of individual citizens. The protections written into the Bill of Rights apply to United States citizens, but they are not limited to citizens. These fundamental freedoms are guaranteed to all persons in the United States- to aliens as well as citizens. Originally intended as a protection against the actions of the federal government, the Bill of Rights has been extended to protect US people from all levels of government throughout the nation. This process is called the nationalization of the Bill of Rights. Nationalization of the Bill of Rights has meant that United States citizens in every part of the country have the same basic rights. On the face of it, nationalization may not seem important, since all state constitutions contain a Bill of Rights. Yet in the past state governments have sometimes ignored individual rights despite the words in state constitutions. Some state governments, for example, have practiced various forms of discrimination against minorities. As a result of nationalization the national Bill of Rights becomes a final safeguard when personal rights are threatened.

10.4 Human Freedoms

The American people drafted a basic charter of liberties, which is embodied in the Bill of Rights. The First Amendment lays down the basic freedoms of religion, speech, press, assembly and petition. The Second and Third Amendments deal with the right to bear arms and the quartering of soldiers. Amendments Four through Eight establish the just procedures to be followed in the treatment of persons accused of crime. The Ninth and Tenth Amendments reaffirm the principle that the federal government has limited powers.

118 However, not all civil liberties are found in the Bill of Rights. They are interspersed throughout the Constitution. Through the Bill of Rights limits only the national government, most of its important provisions are duplicated in the constitutions of most of the states. Initially the people considered the Bill of Rights to be protected against the abuses of the federal government. However, the national government, responsive to tens of millions of voters from a variety of races, creeds, religions and economic groups, showed less of a tendency to curtail civil liberties than the state governments, where judges were not inclined to enforce the rights vigorously.

The Impact of the Fourteenth Amendment: By the Fifth Amend- ment the federal government is prohibited from depriving any person of "life, liberty or property without due process of law." The Four- teenth Amendment imposes the same restrictions upon the state government. First there were many arguments on the interpretation of this amendment but, in a course of time, the Supreme Court ruled that certain provisions of the Bill of Rights are to be included in the Fourteenth Amendment as restrictions upon the states. Among them are freedom of speech, press, religion, the right of peaceable assembly, protection against unreasonable searches and seizures and against self-incrimination, the right of one accused of crime to the benefit of counsel and the guaranty against the taking of private property for public use without just compensation. The due process clause assures the individual that no government, either national or state can deprive him of life, liberty or property in a way that the Su- preme Court considers unfair.

The First Amendment: Freedom of Religion: The First Amend- ment laid a milestone of progress in individual freedom, by its inclu- sion of the clause, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." Indeed, the freedom of religion is specially an American civil liberty by origin. From the terms of the First Amendment it is clear that the government is forbidden to establish or help religion. Secondly, the government is forbidden to interfere with or regulate religion. Thus, government can neither help nor hinder. Indeed, the right to hold any or no religious belief is an absolute right, and no government in the

119 U.S. can compel the acceptance of or censor any creed. Besides this, the First Amendment lists the basic civil liberties of Americans: freedom of religion, speech, and the right to peaceful assembly and to petition the government for redress of problems.

"Wall of separation" versus Government accommodation: The prohibition against the establishment of a state religion can be inter- preted by the "wall of separation" doctrine, and by government accommodation or the no preference doctrine. The Constitution, as advocated by Thomas Jefferson, created a "wall of separation" between church and state. Governments were forbidden to aid, encourage or support any or all churches, religious activities. Thus, the Su- preme Court upheld the wall of separation doctrine when it declared unconstitutional the Champaign, Illinois, Board of Education’s program of allowing privately chosen instructors to teach religion during school hours in public schools. In spite of its insistence on separation of church and state, the government accommodation doctrine, permits nationals and state government to aid and encourage religious activities, if no preference is shown among different creeds. States may provide textbooks, hot lunches and use tax money to pay bus fare for children attending both church operated as well as public schools.

Free Exercise of religion: The right to advocate one’s religion by speech or writing can only be curbed when there is danger of sub- stantial injury to the rights of others. The secular regulation rule established by the Supreme Court stated that a person couldn’t be exempted on the basis of religious belief, if the law deals with a non- religious basis. Further, owing to religious convictions, one is not exempted from complying with otherwise valid laws designed to protect the public peace, health, safety and morals. For example, the Supreme Court sustained laws forbidding the practice of polygamy as applied to Mormons as well as the laws forbidding business activities on Sunday in order to promote health, rest, as applied to ortho- dox Jews. In modern times, numerous problems arise owing to the fact that many nations are sharply divided into religious factions. It is indeed a significant achievement of the American political system that religious differences have been amicably accommodated in the

120 country. Evidently, the Court has been in favor religious freedom however; it is generally acknowledged as well that the so-called "Wall of Separation" is extremely difficult to maintain.

The First Amendment: Freedom of Speech: The First Amendment provides that "Congress shall make no law…abridging the freedom of speech or of the press…" It is assumed by most democrats that government by the people is based on the individual’s right to speak freely, to question the decisions of the government, and to campaign openly against it. Elections, separation of powers and constitutional guarantees would not be meaningful if each person did not have the right to speak frankly as well as to hear and judge what others have to say. Though freedom of speech is essential, in a democracy it is not absolute, and hence important limitations have been placed on freedom of speech. It cannot be offensive, obscene or threaten the public order.

Political Speech: "The question in every case is whether the words are used in circumstances and are of such a nature as to create a clear and present danger that they will bring about substantive evils that Congress has a right to prevent." Thus, for example, a man had no right to shut "Fire!" in a crowded theater. Before being allowed to punish a man for what he has said or written, the government has to clearly prove that his speech presents an imminent danger of a major substantive evil, as for example, rioting, destruction of property, or forceful overthrow of the government. By some doctrines, the speech of socialists and communists was limited during the early years of the Cold War. Political speech was protected under the First Amendment, unless it led to "imminent lawless action."

The Rights of Defendants: The Fourth, Fifth, and Sixth Amend- ments to the Constitution protect the rights of criminal defendants. They safeguard the individuals from abuses by the government and also provide protection to citizens against criminal activity. The Su- preme Court is responsible of dealing with these issues.

The Fourth Amendment: By the Fourth Amendment, the Constitu- tion states, "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and sei-

121 zures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Thus, a mere suspicion or affirmation that a person believes the accused to be guilty of some crime is not sufficient grounds for granting a warrant for the arrest of a person or a search of his home or office. Facts sufficient for "probable cause" must also be available. Under the exclusionary rule the evidence secured by an illegal search cannot be admissible in court. Thus, without warrant searches are permitted if an officer has reasonable grounds to believe a person has committed a felony, or has committed a misde- meanor in his presence.

The Fifth Amendment: The Fifth Amendment has the provision that no person "shall be compelled in any criminal case to be a witness against himself." The protection against self-incrimination was made to strengthen a fundamental principle of Anglo-American justice that a man does not have the obligation to prove his innocence; instead it is up to the government to prove him guilty. This protection applies not only to an accused person upon trial before a jury, but also to proceeding before a grand jury, a congressional committee of inquiry, or any legal proceeding. Witnesses as well as persons on trial can avail of this protection. It is also applicable in civil and criminal cases.

The Sixth Amendment: The Sixth Amendment says "in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed…" The minimum number of people constituting a jury could be set by the states.

Assignments:

Keynote Questions: • What qualifications must be met by an immigrant desir- ing to become a United States citizen? • Name the three ways that American citizenship may be lost.

122 • What is meant by the nationalization of the Bill of Rights? • Which branch of government has been primarily responsible for the nationalization of the Bill of Rights? • List and explain three responsibilities of citizenship. • Why is voting so important in the political system? Give the reasons.

For Thought and Discussion: • Name the differences between the citizenship requirements for a person born on American soil and those of an immigrant who must go through the naturalization process. Specify your answer. • Some people in America believe immigration to the United States should be restricted. Others believe in un- restricted immigration. Give and explain your position on this issue. • Describe the most important duties and responsibilities of American citizens.

Suggested Activities: • Interview an individual who became an “American citizen” through naturalization. Ask this person to describe the requirements and the process of naturalization and to show you the documents and other papers involved in the process. • Prepare two charts that illustrate the rights and freedoms of American and Armenian citizens and the responsibilities and duties of American and Armenian citizens.

123 CHAPTER 11

ORGANIZATION OF THE ARMENIAN-AMERICAN COMMUNITY

"To serve Armenia is to serve civilization."

William Gladstone

124 11.1 Exodus of Armenians to USA

A thorough study of the history of the origin and development of the largest and most organized Armenian community in the United States of America is timely and of primary importance as an important link in the whole chain of the studies of the history of the Arme- nian Diaspora and of the American ethnic groups. Under various historical circumstances, the Armenians were compelled to leave their native land and to migrate to different countries of the world, including the USA, for individual, educational, economic, political, cultural, religious and other purposes. Historically reliable documents reveal that even at the beginning of the 17th century a few Armenians were among the first European settlers in North America (in 1618, the first Armenian, John Martin, set foot in the newly-formed American colony of Virginia and became a tobacco-dealer). The founding of American Protestant missions in the Eastern prov- inces of the Ottoman Empire marks a new era of Armenian migration to the United States, starting towards 1831. The main stream of Ar- menian emigrants to USA has started in the first half of the 19th century as a result of the illuminative activity developed by the Ameri- can protestant missionaries in Ottoman Turkey (the migration of the Armenian youth to American higher and first-rate educational institutions began in 1834). Few Armenians sailed to the United States between 1850 and 1870; but a large flow started thereafter, composed of craftsmen, small merchants, students and, above all, laborers who hired themselves out for factory work, having left behind them their wives and children. In 1890, some Armenians began set- tling in California. In the East, they were mostly in Boston, Brock- ton, Providence and Cambridge, besides New York and New Jersey. Between 1834 and 1895, 5000 are said to have migrated. The emigration of Armenians to the US, which, at the beginning, was of a temporary character and was impelled by educational and economic reasons, was subsequently transformed into a mass exodus following the periodical massacres, slaughter and Genocide organized in Ottoman Turkey against the Armenians (1894-1896, 1909, 1915, 1920-1922); this mass emigration involved tens of thousands of Armenians of both sexes, of various ages and social groups de-

125 prived of the prospects of a safe economic, political, cultural and religious life. The number swelled after the massacres and persecutions of 1895-96, 1915 and 1922, reaching 70.000 of whom 26.000 arrived immediately after World War I. In 1889, the Constantinople Patriarchate established the first Arme- nian Prelacy in the United States at Worcester. Among the later immigrants, there were rug dealers, factory owners, farmers, merchants and craftsmen, with a majority of ordinary laborers.

11.2 Social-Economic Condition

As time went by, the Armenian immigrants in the US spread throughout the whole country and settled in nearly all the states, especially in those regions where larger Armenian communities existed (New York, Massachusetts, Rhode Island, Illinois, California, Michigan, Pennsylvania, New Jersey, Connecticut, Wisconsin and other regions). There was, among the Armenians, a tendency to migrate within the US, especially from the eastern states to the western ones. Taking advantage of the numerous and varied opportunities and freedom, the Armenian settlers in the US were engaged in different professions and occupations and devotedly contributed, with their mental and physical abilities, to the progress of the host country. Owing to their laborious character, moderate and modest mode of life, the Armenian-Americans achieved considerable success, gained a fair amount of property and essentially improved their economic situation and life conditions, gradually adapting themselves to the new life conditions and customs. By the way, one immigrant, a chemist by the name of Kristapor Der Seropian developed a type of green and black printer’s ink by the use of which “dollar” banknotes could be protected against counterfeiting; he sold his process to the Government for 6000 dollars.

11.3 Public-Political Life

During the years of the First World War and the following years which were disastrous for the Armenian people, the Armenian community of the US, assembling its entire inter communal intellectual,

126 financial, public and political resources, has assisted the Motherland and its people by all the possible diplomatic, political, military and human means and has taken part in the enterprises aiming at the defense of the Armenian Action in Europe and in the USA. The Arme- nian press in the USA has played a vital role in the political and cultural life of the community. The first Armenian periodical issued in the USA was the “Arekag” monthly. With a view to reassembling and organizing the Armenian immigrants and exiles in the US, to preserving the Armenian spirit, con- sciousness, image, character, language and traditions in the Ameri- can assimilating atmosphere, as well as to making the ties with the native cradle and people more effective and more durable, a great number of diverse unions, organizations, parties, societies and clubs were created in the US. The first Armenian organizations in the USA were the “Armenian Union”, founded in 1886. A “National Union” after the Egyptian model, was formed in 1917, made up of representatives from all political parties, churches and associations:

1. Armenian Assembly of America

The Armenian Assembly of America is a nationwide nonprofit organization established in 1972 and headquartered in Washington, D.C. The Assembly promotes public awareness of Armenian issues, encourages greater Armenian-American participation in the Ameri- can democratic process, and assists in humanitarian and development programs in Armenia. Four Armenians (John Hanessian, Dr. Haikaz Grigorian, Robert A. Kaloosdian and Haig Der Manuelian) discussed the merits and prac- ticality of creating yet another Armenian organization and decided it would be more effective to create an "assembly" of existing organizations. The assembly concept appealed to the sense of the need for intra-community cooperation and for Armenian community participation in the democratic process of the United States.

2. Armenian National Committee of America The Armenian National Committee of America (ANCA) is the largest and most influential Armenian American grassroots political or-

127 ganization. Working in coordination with a network of offices, chap- ters and supporters throughout the United States and affiliated organizations around the world, the ANCA actively advances the concerns of the Armenian American community on a broad range of issues. The Armenian National Committee of America is active in a number of areas and engages in a wide variety of political and educational activities. Through this National Union, Armenians in the United States were able to extend invaluable assistance-financial, moral and military-to their kinsmen suffering and struggling in Tur- key through the tragic years of World War I.

3. Armenian Bar Association

The Armenian Bar Association was formed in 1989 to provide an arena for lawyers of Armenian heritage and other interested individuals to come together socially and professionally and to address the legal concerns of the Armenian community. With the creation of an independent Republic of Armenia, the Association undertook the task of helping to build and encourage the growth of democratic institutions in Armenia. The Association is a forum in which attorneys with different backgrounds and at different stages of their careers share their expertise and insight. Such an exchange of experience and knowledge forms the backbone of the Association's dual goals of professional growth and community advancement. This sharing finds expression in the liaison work of the Association in supporting the emergence of a rule of law society in the Republic of Armenia.

11.4 Spiritual-Cultural Life

As the Armenians settled and increased in number in the New Land, their spiritual and cultural life developed and became gradually more organized; factors having an important role and significance for the preservation of the nation were created, such as the church, the school and the periodical press, forming definitively the Armenian community of the United States of America. Compared with the other ethnic groups in the US, the level of literacy of the Armenian settlers was much higher, since they always had attached great im-

128 portance to education; consequently the community became more and more viable thanks to the growing number of qualified scientists, professors and teachers. The favorable social and moral atmosphere prevailing in the New World greatly fostered also the formation and development of the Armenian-American distinctive cultural life from the beginning of the 20th century and enhanced the self- manifestation of skillful and talented people in different fields of art (literature, performing arts, music, painting and photography).

129 Appendix 1:

Declaration of Independence

"The unanimous declaration of the thirteen United States of America" As you read the transcription of the Declaration of Independence below, notice that the first part gives notice of the break with Eng- land and the reasons for the break. The last part is a list of grievances or complaints against George III.

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are suf- ferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpa-

130 tions, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colo- nies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Re- cords, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreign- ers; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands. He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

131 He has made Judges dependent on his Will alone, for the ten- ure of their offices, and the amount and payment of their salaries. He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance. He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures. He has affected to render the Military independent of and superior to the Civil power. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For Quartering large bodies of armed troops among us: For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States: For cutting off our Trade with all parts of the world: For imposing Taxes on us without our Consent: For depriving us in many cases, of the benefits of Trial by Jury: For transporting us beyond Seas to be tried for pretended offences: For abolishing the free System of English Laws in a neighbor- ing Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colo- nies: For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated Government here, by declaring us out of his Protection and waging War against us. He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large Armies of foreign Merce- naries to complete the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paral-

132 leled in the most barbarous ages, and totally unworthy the Head of a civilized nation. He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the execu- tioners of their friends and Brethren, or to fall themselves by their Hands. He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions. In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to dis- avow these usurpations, which would inevitably interrupt our con- nections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends. We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Ab- solved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which In- dependent States may of right do. And for the support of this Decla-

133 ration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Signed By:

1. Georgia: Button Gwinnett, Lyman Hall, George Walton 2. Carolina: William Hooper, Joseph Hewes, John Penn, Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middle- ton 3. Massachusetts: John Hancock 4. Maryland: Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton 5. Virginia: George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton 6. Pennsylvania: Robert Morris, Benjamin Rush, Benjamin Frank- lin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross 7. Delaware: Caesar Rodney, George Read, Thomas McKean 8. New York: William Floyd, Philip Livingston, Francis Lewis, Lewis Morris 9. New Jersey: Richard Stockton, John Witherspoon, Francis Hop- kinson, John Hart, Abraham Clark 10. New Hampshire: Josiah Bartlett, William Whipple, Matthew Thornton 11. Massachusetts: Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry 12. Rhode Island: Stephen Hopkins, William Ellery 13. Connecticut: Roger Sherman, Samuel Huntington, William Wil- liams, Oliver Wolcott

134 Appendix 2:

U.S. Constitution

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. Article I Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

No person shall be a Representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each state shall have at least one Representative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to chuse three, Massachusetts

135 eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.

The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.

Section 3. The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.

Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.

No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.

The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.

136 The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

Section 4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.

The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

Section 5. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.

Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.

Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the journal.

137 Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

Section 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time: and no person holding any office under the United States, shall be a member of either House during his continuance in office.

Section 7. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.

Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the Presi- dent of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it,

138 unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

Every order, resolution, or vote to which the concurrence of the Sen- ate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;

To establish post offices and post roads;

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

To constitute tribunals inferior to the Supreme Court;

139 To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arse- nals, dockyards, and other needful buildings;

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Section 9. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred

140 and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

No bill of attainder or ex post facto Law shall be passed.

No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

No tax or duty shall be laid on articles exported from any state.

No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another.

No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.

No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

Section 10. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impair- ing the obligation of contracts, or grant any title of nobility.

No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be

141 for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.

No state shall, without the consent of Congress, lay any duty of ton- nage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. Article II Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows:

Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Sena- tors and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by

142 States, the representation from each state having one vote; A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.

The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.

In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Con- gress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.

Before he enter on the execution of his office, he shall take the following oath or affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

143 Section 2. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

He shall have power, by and with the advice and consent of the Sen- ate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

Section 3. He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

Section 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

144 Article III Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behav- iour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;-- to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;-- between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless

145 on the testimony of two witnesses to the same overt act, or on con- fession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfei- ture except during the life of the person attainted. Article IV Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.

No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

Section 3. New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.

The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be

146 so construed as to prejudice any claims of the United States, or of any particular state.

Section 4. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. Article V The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. Article VI All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary not- withstanding.

The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no

147 religious test shall ever be required as a qualification to any office or public trust under the United States. Article VII The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratify- ing the same.

Done in convention by the unanimous consent of the states present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty seven and of the independence of the United States of America the twelfth. In witness whereof We have hereunto subscribed our Names,

G. Washington President and deputy from Virginia

New Hampshire: John Langdon, Nicholas Gilman

Massachusetts: Nathaniel Gorham, Rufus King

Connecticut: Wm: Saml. Johnson, Roger Sherman

New York: Alexander Hamilton

New Jersey: Wil: Livingston, David Brearly, Wm. Pater- son, Jona: Dayton

Pennsylvania: B. Franklin, Thomas Mifflin, Robt. Morris, Geo. Clymer, Thos. FitzSimons, Jared Ing- ersoll, James Wilson, Gouv Morris

Delaware: Geo: Read, Gunning Bedford jun, John Dickinson, Richard Bassett, Jaco: Broom

Maryland: James McHenry, Dan of St Thos. Jenifer, Danl Carroll

Virginia: John Blair, James Madison Jr.

148 North Carolina: Wm. Blount, Richd. Dobbs Spaight, Hu Williamson

South Carolina: J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler

Georgia: William Few, Abr Baldwin

BILL OF RIGHTS

The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution;

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three- fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely: Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Amendment II A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

149 Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V No person shall be held to answer for a capital, or otherwise infa- mous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

150 Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

OTHER AMENDMENTS Amendment XI (1798) The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. Amendment XII (1804) The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;- -The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--the person having the greatest number of votes for President, shall be the President, if such number be a majority of the

151 whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. Amendment XIII (1865) Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation. Amendment XIV (1868)

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens

152 of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Section 3. No person shall be a Senator or Representative in Con- gress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Con- stitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

153 Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Amendment XV (1870) Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

Section 2. The Congress shall have power to enforce this article by appropriate legislation. Amendment XVI (1913) The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census of enumeration. Amendment XVII (1913) The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.

When vacancies happen in the representation of any state in the Sen- ate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

154 Amendment XVIII (1919) Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2. The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress. Amendment XIX (1920) The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex.

Congress shall have power to enforce this article by appropriate legislation. Amendment XX (1933) Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Rep- resentatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen

155 before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Con- gress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a Presi- dent or Vice President shall have qualified.

Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5. Sections 1 and 2 shall take effect on the 15th day of Octo- ber following the ratification of this article.

Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission. Amendment XXI (1933) Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2. The transportation or importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.

156 Amendment XXII (1951) Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress. Amendment XXIII (1961) Section 1. The District constituting the seat of government of the United States shall appoint in such manner as the Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a state, but in no event more than the least populous state; they shall be in addition to those appointed by the states, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a state; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

157 Amendment XXIV (1964) Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.

Section 2. The Congress shall have power to enforce this article by appropriate legislation. Amendment XXV (1967)

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representa- tives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the pow-

158 ers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Presi- dent is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty- eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office. Amendment XXVI (1971) Section 1. The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.

Section 2. The Congress shall have the power to enforce this article by appropriate legislation. Amendment XXVII (1992) No law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened.

159 Appendix 3:

Glossary

Act: Legislation that has passed both Houses of Congress and has been either approved by the President, or passed over his veto, thus becoming law. Also used technically for a bill that has been passed by one House of Congress.

Alien: A person residing under a government or in a country other than that of one's birth without being a citizen of that non-native country.

Amendment: A proposal by a Member (in committee or floor session of the respective Chamber) to alter the language or provisions of a bill or act. It is voted on in the same manner as a bill. The Constitu- tion of the United States, as provided in Article 5, may be amended when two thirds of each house of Congress approves a proposed amendment and three fourths of the states thereafter ratify it.

Anti-Federalists: Opponents to the adoption of the federal Constitu- tion. Leading Anti-Federalists included George Mason, Elbridge Gerry, Patrick Henry, and George Clinton.

Autonomy: Independence or freedom; the right of self-government.

Bill: Formally introduced legislation. Most legislative proposals are in the form of bills and are designated as H.R. (House of Representa- tives) or S. (Senate), depending on the House in which they originate, and are numbered consecutively in the order in which they are introduced during each Congress. Public bills deal with general questions and become Public Laws, or Acts, if approved by Congress and signed by the President. Private bills deal with individual matters such as claims against the Federal Government, immigration and naturalization cases, land titles, et cetera, and become private laws if approved and signed.

160 Bicameral: The characteristic of having two branches, chambers, or houses, such as the United States Congress which is composed of the Senate and the House of Representatives.

Bill of Rights: The first ten amendments to the United States Consti- tution.

Calendar: A list of bills, resolutions, or other matters to be considered before committees or on the floor of either House of Congress.

Centralized Government: A form of government in which the national government maintains the power.

Checks and Balances: A system of limits imposed by the Constitu- tion of the United States on all branches of a government by vesting in each branch the right to amend or void those acts of another that fall within its jurisdiction.

Citizen: A native or naturalized member of a state or nation who owes allegiance to its government and is entitled to its protection.

Concurrent Powers: Duties shared by both the national government and state governments, such as collecting taxes, building roads, and making/enforcing laws.

Confirmation: Action by the Senate approving Presidential nomi- nees for the executive branch, regulatory commissions, and certain other positions.

Delegate: A person designated to act for or represent another or others; a deputy; representative, as in a political convention.

Democratic: Characterized by the principle of political or social equality for all.

Dual Federalism: A system of government where the states governed the people directly and the national government concerned itself with issues relating to foreign affairs.

161 Elastic Clause: A statement in the U.S. Constitution granting Con- gress the power to pass all laws necessary and proper for carrying out the list of powers it was granted.

Enrolled Bill: Legislation that has been passed by both houses of Congress, signed by their presiding officers, and sent to the President for signature.

Federal: A union of groups or states in which each member agrees to give up some of its governmental power in certain specified areas to a central authority.

Federalism: A union of states in which sovereignty is divided between a central authority and the member state authorities.

Federalists: A group of people who supported the adoption of the Constitution. Leading Federalists included Alexander Hamilton, James Madison, and John Jay.

Fiscal Year: A twelve month accounting period used by the Federal Government that goes from October 1st to September 30th. Cur- rently, the Government is in FY02, which goes from October 1, 2001 to September 30, 2002.

Gerrymandering: Drawing of district lines to maximize the electoral advantage of a political party or faction. The term was first used in 1812, when Elbridge Gerry was Governor of Massachusetts, to characterize the State redistricting plan.

Hearing: A meeting or session of a committee of Congress, usually open to the public, to obtain information and opinions on proposed legislation, conduct an investigation, or oversee a program.

Hopper: A box into which a proposed legislative bill is dropped and thereby officially introduced.

Immigrant: A person who migrates to another country, usually for permanent residence.

162 Impeachment: A formal accusation issued by a legislature against a public official charged with crime or other serious misconduct.

Independent: When a person or thing is not influenced or controlled by others in matters of opinion, conduct, etc.; thinking or acting for oneself.

Indirect popular election: Instead of voting for a specific candidate, voters select a panel of individuals pledged to vote for a specific candidate. This is in contrast to a popular election where votes are cast for an individual candidate. For example, in a general presidential election, voters select electors to represent their vote in the Elec- toral College, and not for an individual presidential candidate.

Initiative: A procedure by which a specified number of voters may propose a statute, constitutional amendment, or ordinance, and compel a popular vote on its adoption.

Judicial Review: The power of a court to judge the constitutionality of the laws of a government or the acts of a government official.

Law: A rule of conduct established and enforced by the authority, legislation, or custom of a given community, state, or nation.

Legislative Day: A formal meeting of a House of Congress which begins with the call to order and opening of business and ends with adjournment. A legislative day may cover a period of several calendar days, with the House recessing at the end of each calendar day, rather than adjourning.

Line-Item Veto: The power of the executive to disapprove of particular items of a bill without having to disapprove of the entire bill.

National: A person under the protection of a specific country. A citizen or subject.

Naturalization: The official act by which a person is made a national of a country other than his native one.

163 Pocket Veto: The disapproval of a bill brought about by an indirect rejection by the president. The president is granted ten days, Sundays excepted, to review a piece of legislation passed by Congress. Should he fail to sign a piece of legislation and Congress has adjourned within those ten days, the bill is automatically killed. The process of indirect rejection is known as a pocket veto.

Primary Election: An election held to decide which candidates will be on the November general election ballot.

Public Law: A bill or joint resolution (other than for amendments to the Constitution) passed by both Houses of Congress and approved by the President. Bills and joint resolutions vetoed by the President, but then overridden by the Congress also become public law.

Ratification: Two uses of this term are: (1) the act of approval of a proposed constitutional amendment by the legislatures of the States; (2) the Senate process of advice and consent to treaties negotiated by the President.

Referendum: The submission of a law, proposed or already in effect, to a direct vote of the people.

Report: The printed record of a committee’s actions, including its votes, recommendations, and views on a bill or question of public policy or its findings and conclusions based on oversight inquiry, investigation, or other study.

Republic: A state or nation in which the supreme power rests in all the citizens entitled to vote. This power is exercised by representatives elected, directly or indirectly, by them and responsible to them.

Separation of Powers: The distribution of power and authority among the legislative, executive, and judicial branches of the government.

Sovereign: Above or superior to all others; chief; greatest; supreme dominion or power.

164 Tabling Motion: A motion to stop action on a pending proposal and to lay it aside indefinitely. When the Senate or House agrees to a tabling motion, the measure which has been tabled is effectively defeated.

Veto: The constitutional procedure by which the President refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President returns the legislation to the originating House without approval. It can be overridden only by a two-thirds vote in each House. A pocket veto occurs after Con- gress has adjourned and is unable to override the President’s action.

165 Appendix 4:

Do you know?

• Constitutional Convention met at the State House in Phila- delphia. • That evening of July 4, 1776, 200 copies of the Declaration were printed by the congressional printer, John Dunlap, and sent out by messenger to be read to the people of the colonies. Of the 200 original “Dunlap Broadsides” printed, there remain a total of 25 in existence today. One of those original documents was purchased by Norman Lear in 1999. He believes the document should be viewed by the citizens of the United States so has sent his personal copy on a three-year road trip across America. • There were 55 delegates to the Convention. • Twelve of the Thirteen states were represented: Rhode Island did not send delegates to the Convention. • James Madison is often called the "Father of the Constitu- tion." • The Constitution became law on June 21, 1788 after 2/3 of the states ratified it. • The ninth state to ratify the Constitution was New Hamp- shire. • Not all the states had ratified the Constitution by April 30, 1789 when George Washington became the first President of the United States. • The structure of the document has not changed since it was written. • The Constitution is preserved for all to view at the National Archives in Washington, DC. • Youth predominated among the 55 delegates – the average age was 42. • Before 1951, the President could serve as many terms as he wanted. However, every President had followed George

166 Washington’s example of stepping down after two terms. Franklin D. Roosevelt broke with tradition. Roosevelt successfully ran for office four times. Early in his fourth term, in 1945, he died. Six years later, Congress passed the 22nd Amendment, which limits Presidents to two terms. • As soon as it is completed, the U.S. Government Printing Office works with the Office of Management and Budget to print the President's Budget for its submission to Congress. GPO also makes the President's Budget available to the public through its dissemination programs in both print and elec- tronic formats. The people can freely access it online via GPO Access or at a local Federal depository library, or even buy their own printed copy through GPO's Sales Program. The Budget is one of the most popular items printed by GPO. Every year, people line up in front of the GPO book- store entrance for the press distribution. It even makes the TV news. The online version of the President's Budget may be found at: http://www.access.gpo.gov/usbudget • On March 4, 1841, William Henry Harrison showed enthusi- asm for the office he won at age 68 by delivering the longest inauguration speech in history – 8 600 words at 90 minutes - in a driving ice storm. He was dead from pneumonia within a month. • Only two Presidents, Andrew Johnson and Bill Clinton, have been impeached. Both Presidents remained in office, however, because the Senate failed to convict them. • Franklin D. Roosevelt held office longest. He was elected four times and served from March 1933 until his death in April 1945. President William H. Harrison served the shortest time in office. He died a month after his inauguration in 1841. • One of the most famous executive orders was the Emancipa- tion Proclamation issued by Abraham Lincoln in 1863, during the American Civil War declared freedom for all slaves in the areas then under Confederate control. • Theodore Roosevelt and Wilson were among the first Presi- dents to serve as peacemakers in foreign conflicts. Roosevelt

167 won a Nobel Prize for helping to end the Russo-Japanese War. Wilson helped work out the treaty that ended World War I. • Woodrow Wilson pioneered the use of regular presidential press conferences to mold public opinion and to rally support. F. D. Roosevelt was the first President to speak on television. • Even though U.S. Presidents get tight protection, four have been assassinated while in office. They were Abraham Lin- coln in 1865, James Garfield in 1881, William McKinley in 1901, and John F. Kennedy in 1963. Others have survived attempted assassinations, including Harry S. Truman, Gerald R. Ford, and Ronald Reagan. • T. Roosevelt was the youngest person to become a President- 42 years old, R. Reagan was the oldest person ever elected President-73 years old. The only President who resigned was R. Nixon. • John Adams was the first President who lived in the White House and Th. Jefferson was the first President who was inaugurated in Washington, D.C. • Three Presidents: Jefferson, John Adams and Monroe died on July 4. • Kennedy lived the shortest time, he died at the age of 46.

168 Appendix 5: US Presidents in Succession

George Washington John Adams 1789-1797 1797-1801

Thomas Jefferson James Madison 1801-1809 1809-1817

John Quincy James Monroe Adams 1817-1825 1825-1829

Andrew Jackson Martin Van Buren 1829-1837 1837-1841

William Henry John Tyler Harrison 1841-1845 1841-1841

169

James K. Polk Zachary Taylor 1845-1849 1849-1850

Millard Fillmore Franklin Pierce 1850-1853 1853-1857

James Buchanan Abraham Lincoln 1857-1861 1861-1865

Andrew Johnson Ulysses S. Grant 1865-1869 1869-1877

Rutherford B. Hayes James Garfield 1877-1881 1881-1881

170 Chester A. Arthur Grover Cleveland 1881-1885 1885-1889

Benjamin Harrison Grover Cleveland 1889-1893 1893-1897

William McKinley Theodore Roosevelt 1897-1901 1901-1909

William H. Taft Woodrow Wilson 1909-1913 1913-1921

Warren G. Harding Calvin Coolidge 1921-1923 1923-1929

171 Franklin D. Herbert C. Hoover Roosevelt 1929-1933 1933-1945

Harry S. Truman Dwight D. 1945-1953 Eisenhower 1953-1961

John F. Kennedy Lyndon B. 1961-1963 Johnson 1963-1968

Richard M. Nixon Gerald R. Ford 1969-1974 1974-1977

Jimmy Carter Ronald W. 1977-1981 Reagan 1981-1989

172 George H. Walker Bush William J. Clinton 1989-1993 1993-2001

George Walker Bush 2001- present

173 Appendix 6:

Main Governmental Buildings:

1. White House

The President is almost always busy. During a typical day, the chief executive attends several meetings and social affairs and may meet 100 or more people. The President works and lives in the White House in Washington D.C. but makes many outside appearances and spends much time traveling. The President’s headquarter is the Oval office, an oval-shaped room in the White House. There, the chief executive meets congressional leaders, foreign officials, and representatives of various groups. The President also spends much time in the Oval Office studying reports from aides and agencies. The presidential family’s main living quarters are on the second floor of the White House. The family also can relax in the mansion’s swimming pool and at its bowling lanes and motion-picture theatre. The White House grounds have some beautiful gardens. In spite of its beauty and comfort, however, the White House lacks privacy. Every week, thousands of visitors tour the rooms that are open to the public. Partly as a result, most Presidents enjoy recreation outside the White House. The President often spends weekends at Camp David, a re- treat in the Maryland mountains that is reserved for the nation’s leader. The President’s family generally attracts wide interest. The wedding of a President’s child is a major news event. Even unimpor- tant activities of members of the President’s family sometimes appear in the newspapers. Some Presidents have had children who helped make the White House cheerful and lively. John Tyler had 15 children, more than any other President. Daughters of seven Presi- dents were married in the White House. The United States Secret Service guards the President at all times. In addition, agents of the Secret service guards continually check the President’s food, sur- roundings and travel arrangements. At various times, the President travels in an official car, a private airplane, or a U.S. Navy ship.

174 Let’s make a tour in the fantastic rooms of various styles and colors of the White House:

1. State Dining Room, which now seats as many as 140 guests, was originally much smaller and served at various times as a drawing room, office, and Cabinet Room. Not until the Andrew Jackson administration was it called the "State Dining Room," although it had been used for formal dinners by previous Presidents. As the nation grew, so did the invitation list to official functions at the White House. The archi- tecture of the room was modeled after that of neoclassical English houses of the late 18th century. Three console tables with eagle supports, made by the A. H. Davenport Co. of Boston, were placed against the walls, and a silver-plate chandelier and complementing wall sconces were added. When not set for a state dinner, as seen above, the mahogany dining table, surrounded by Queen Anne-style chairs, displays part of Monroe's gilt service purchased from France in 1817. The two rococo-revival candelabra date from the Hayes administration. Carved into the mantel below George P. A. Healy's portrait of President Lincoln is an inscription from a letter written by John Adams on his second night in the White House: “I pray Heaven to Bestow the Best of Blessings on THIS HOUSE and on All that shall hereafter Inhabit it. May none but honest and Wise Men ever rule under this roof”. 2. The large Entrance Hall and Cross Hall formed part of James Hoban's original plans for the White House. The basic design has not been altered, although modifications have been made during various renovations. The Cross Hall, with marble walls and floors added during the Truman renovation, is lighted by two

175 Adam-style cut-glass chandeliers made in London about 1775. The bronze light standards date from the Roosevelt renovation of 1902 as does the design of the decorative plaster ceiling. Other Presidential portraits hang at the east end of the Cross Hall: Lyndon Johnson, Gerald Ford, and Jimmy Carter. A portrait of President Franklin D. Roosevelt hangs at the west end of the hall. The Entrance Hall is seen by visitors as they leave the White House. It is set off from the Cross Hall by a colonnade and is decorated in the same style. The Grand Staircase is often used on ceremonial occasions. Before state dinners, the President greets his guests of honor in the Yellow Oval Room; then they descend the stairs to the East Room where the other guests are gathered. Along the stairway hang portraits of 20th century Presidents, including Harry S. Truman, Dwight D. Eisenhower, Richard Nixon, Herbert Hoover, and Warren Harding; a portrait of Mrs. William Howard Taft is also in the stairway. The Center and Cross Halls also serve as the visitors' exit for the White House Tour. Here visitors exit the main doors of the North Entrance to the White House. 3. Furnished in the Empire style of 1810-30, the Red Room contains several pieces of furniture from the New York workshop of the French-born cabinetmaker Charles- Honoré Lannuier. Benjamin Latrobe's 1803 drawing of the State Floor indicates that the Red Room served as "the President's Antichamber" for the Cabinet Room or President's Library next door. During the Madison Administration the antechamber became the "Yellow Drawing Room" and the scene of Dolley Madison's fashionable Wednesday night receptions. The room has usually served as a parlor or sitting room; recent Presidents have had small dinner parties here. In 2000 the Red Room was refurnished, preserving the American Empire style chosen in 1962 during the Kennedy Administration. All the fab- rics now in the Red Room were woven in the United States from French Empire designs. The walls are covered by a red twill satin fabric with a gold scroll design in the borders. Although intended by architect James Hoban to be the "Common Dining Room," the Green

176 Room has served many purposes since the White House was first occupied in 1800. The inventory of February 1801 indicates that it was first used as a "Lodging Room." Thomas Jefferson, the second occupant of the White House, used it as a dining room with a "can- vas floor cloth, painted green," foreshadowing the present color scheme. James Madison made it a sitting room since his Cabinet met in the East Room next door, and the Monroes used it as the "Card Room" with two tables for the whist players among their guests. Styles in the room changed as frequently as the tastes of the Presi- dents until the time of Theodore Roosevelt, when it was furnished with reproductions of early 19th-century American furniture. 4. Green Room was completely refurnished in 1971. Its walls were re-covered with the delicate green watered-silk fabric originally chosen by Mrs. Kennedy in 1962. The eagle, patriotic symbol of the United States, was one of the favorite decorative motifs of the Fed- eral period and appears in many forms in the room. Most of the furnishings now in the Green Room date from the years 1800-15, the period of Sheraton's greatest influence on American decor. The walls of the Green Room are covered with elegant paintings of various people and scenes.

5. Blue Room: The "elliptic salon", with the Yellow Oval Room above and the Diplomatic Reception Room below it, formed the most elegant architectural feature of James Hoban's plans for the White House. The Blue Room has always been used as a reception room except for a brief period during the administration of John Ad-

177 ams when it served as the south entrance hall. During the Madison administration, architect Benjamin Latrobe designed a suite of classical-revival furniture for the room, but only some working drawings remain; the furnishings were destroyed in the fire of 1814. When President Monroe redecorated the "large oval room" after the fire, he used the French Empire style, which is the present decor. The color blue was introduced during the administration of Martin Van Buren in 1837; he redecorated the oval salon and began the tradition of the "blue room". A renovation and refur- nishing of the Blue Room was initiated in the early 1990's by the Committee for The Preservation of the White House and completed in mid-1995. The sapphire blue fabric used for the draperies and furniture covering is similar in color to fabric used in the room in 1800's. The blue satin draperies were derived from an early 19th century French source. The walls were hung with a light gold paper adapted from an early 19th century American paper with borders adapted from two early 19th century French papers. The design was adapted from an original design for a neoclassical English carpet of about 1815, the period of the furnishings acquired by President James Monroe for the Blue Room. 6. East Room, scene of many historic White House events, was designated by architect James Hoban as the "Public Audience Room." It normally contains little furniture and traditionally is used for large gatherings, such as dances, after-dinner entertainments, concerts, weddings, funerals, award presentations, press conferences, and bill- signing ceremonies. Today the East Room retains the late 18th- century classical style to which it was restored by architects McKim, Mead & White during the Theodore Roosevelt renovation of 1902. The Steinway grand piano with gilt American eagle was designed by Eric Gugler and was given to the White House in 1938 by the manu- facturer. The full-length portrait of George Washington that hangs

178 here is one of several replicas painted by Gilbert Stuart of his "Landsdowne" portrait. It is the only object known to have remained in the White House since 1800-except for periods of reconstruction, such as after the British burned the mansion during the War of 1812. During the Civil War years and the administration of Abraham Lin- coln there was much activity in the East Room. At one time during the war Union troops occupied the room. In 1864, the East Room was the scene of a large reception given by President Lincoln. In April of 1865 the East Room was again filled with people, but this time they were mourners surrounding the body of President Lincoln after he had been assassinated by John Wilkes Booth. Seven Presidents have lain in state in the East Room, including John F. Kennedy in November 1963. During the Theodore Roosevelt Administration, this room became the scene of some unusual activities, including a wrestling match arranged to entertain some 50 to 60 guests of the President. The exuberant Roosevelt children are also known to have used the East Room for roller-skating. 7. Map Room, used by President Franklin D. Roosevelt as a situation room from which to follow the course of World War II, now serves as a private meeting room for the President or the First Lady. It was decorated in 1970, and again in 1994, as a sitting room in the Chippendale style, which flourished in America during the last half of the 18th century. Named after the English furniture designer Thomas Chippendale, this style combines the graceful lines of Queen Anne furniture with carved motifs in more elaborate rococo, Gothic, and Chinese styles.

179 The simple sandstone mantel was made from stone removed during the Truman renovation of the White House. Above it hangs the last situation map prepared in this room for President Roosevelt, on April 3, 1945. To the right of the fireplace is a chest of drawers with a ser- pentine front made in Philadelphia about 1765. On it rests a medicine chest that is believed to have belonged to President and Mrs. James Madison and to have been taken from the White House just before the building was burned during the War of 1812. A rare 1755 French version of a map charted by colonial surveyors Joshua Fry and Peter Jefferson hangs on the east wall, covering a case of world maps presented by the National Geographic Society. 8. "Presidential Collection Room", now the China Room, was designated by Mrs. Woodrow Wilson in 1917 to display the growing collection of White House china. The room was redecorated in 1970, re- taining the traditional red color scheme determined by the portrait of Mrs. Calvin Coolidge-painted by Howard Chandler Christy in 1924. President Coolidge, who was scheduled to sit for Christy, was too occupied that day with events concerning the Teapot Dome oil scandal. So the President postponed his appointment, and Mrs. Coolidge posed instead. Almost every past President is represented in the China Room either by state or family china or glassware. The collection is arranged chronologically, beginning to the right of the fireplace. Even the earliest Presidents received government funds to purchase state china. However, by a special clause in the appropriation bills, "decayed furnishings" could be sold and the proceeds used to buy replacements. Such "furnishings" included state china, and during the 19th century the cupboards were frequently swept clean and the contents carted off to auction. The money could then be used to order a new china service that better suited the President and his family.

180 9. Vermeil Room, sometimes called the Gold Room, was last refurnished in 1991; it serves as a display room and, for formal occasions, as a ladies sitting room. The soft yellow of the paneled walls complements the collection of vermeil, or gilded silver, bequeathed to the White House in 1956 by Mrs. Margaret Thompson Biddle. The green silk draperies are of early 19th- century design. The carpet is a Turkish Hereke of about 1860, chosen for its pale green background and gold silk highlights. In the center of the room stands a circular mahogany table made in the Empire style in the 19th century. Portraits of seven First Ladies are exhibited in the Vermeil Room. 10. Diplomatic Reception Room serves as an entrance to the White House from the South Grounds for the family and for ambassadors arriving to present their credentials to the President. In the past, the area has had diverse uses: as a boiler and furnace room and as the site of President Franklin D. Roosevelt's fireside chats.

Since 1960, the room has been furnished as a drawing room of the Federal Period (1790-1820) with many fine examples of the crafts- manship of New York and New England cabinetmakers. The gold- and-white color scheme was chosen at that time. The current rug, installed in 1983, was woven specially for the room. Its border in- corporates emblems of the 50 states. The striking panoramic wallpa- per in this room, "Views of North America," was first printed in 1834. The complete set of 32 somewhat fanciful scenes, based on

181 engravings of the 1820's, shows American landscapes that were particularly admired by Europeans. Starting to the left of the doorway from the Ground Floor Corridor are the Natural Bridge of Virginia, Niagara Falls, New York Bay, West Point, and Boston Harbor.

2. U.S. Capitol

“If American Nation has an ennobling shrine, the Capitol is it.”

For the most part, the House and Senate each meet in their respective chamber in the U.S. Capitol in Washington, D.C.H. however, on rare occasions, they will convene for a joint session of Congress in the House chamber. Like a vision in fantasy, the great white Dome of the United States Capitol rises above the trees at the end of converging avenues in Washington. It reminds Americans of classroom prints and pledges of allegiance, commemorative stamps-and a procession of domed and columned statehouses repeating the classic national profile all across the land. No other building, not even the White House, is so intimately linked with the lives of all the people of the United States. It stands at the heart of US system of representative government. It is a focal point of American ideals of freedom and opportunity. It is proof-in stone, marble, and partisan debate-of the capacity of citizens to join in the adventures and satisfactions of governing themselves. High above Congress, it is incised on the base of the Statute of Free- dom that crowns the Dome. Such symbolism pervades the Capitol. It was built into the walls, stone by stone, as the “Congress House” kept pace with the expanding nation, symbolic themes turn up, too, in structural and decorative details bequeathed by dedicated architects and artists who labored on the Capitol. From pride in New World products for instance came the Indian-corn and tobacco-leaf designs chosen to ornament columns in the original Senate wing. It is 350 feet wide and more than 751 feet long. Its floor area covers 161/2 acres. Its 540 rooms hum with the sound and movement of committee hearings, administrative and maintenance work, and a thousand other operations devoted to the perennial consideration of legislation.

182 How this huge, labyrinthine building became the center and symbol of a nation that has existed for only two centuries is an American success story all the more fascinating because it began in a swamp and under the most unlikely circumstances. Not everyone was pleased in 1790, when Congress decided to establish the young Republic’s permanent seat on the banks of the Poto- mac River instead of accepting one of a dozen other sites offered. But the decision had been made and much could be said for it. Wash- ington, District of Columbia-marked off by, and named for the first President-was near the midpoint of the long stretch of states. Few realized it then, but the embryo settlement also was favored by the vision of a city planner on the ground scale. Pierre Charles L’Enfant, French born engineer who had served under General Washington in the Revolution, laid out a city whose broad avenues and sweeping circles anticipated the needs of the future metropolis. On a June morning in 1791, President Washington and L’Enfant made a horseback inspection of the Federal District’s wooded and swampy site. L’Enfant had prepared a map and a report on the city’s proposed features, including the hone of Congress and the “presidential palace”, linked by a broad green mall. To obtain a suitable design for their monument, the District Commis- sioners announced a Capitol competition, offering the winner $500 and a city lot. The contest was advertised in newspapers of the young country, but professional architects were few, and none of the entries proved satisfactory. At this crucial moment, a versatile young man named William Thornton (physician, portrait painter, steamboat ex- perimenter, and amateur architect) gained permission to submit a belated design. By September 18, 1793, Dr. Thornton’s design for a building with two wings joined by a domed center had been selected and modified. Troublesome construction problems had been resolved and the time had come to lay the Capitol’s cornerstone.

183

Ð³Ù³Ï³ñ·ã³ÛÇÝ Ó¨³íáñáõÙÁª ì.´ñÛáõëáíÇ ³Ýí³Ý ºñäÈÐ-Ç Ñ³Ù³Ï³ñ·ã³ÛÇÝ Ï»ÝïñáÝ (Õ»Ï³í³ñª ¹áó. ì.ì.ì³ñ¹³ÝÛ³Ý)

Ð³Ù³Ï³ñ·ã³ÛÇÝ ¿ç³íáñáõÙÁª Ð.Ø.¾Éã³ÏÛ³Ý ê.ì.²é³ù»ÉÛ³Ý

êïáñ³·ñí³Í ¿ ïå³·ñáõÃÛ³Ý` 14.01.05 Ð³ÝÓÝí³Í ¿ ïå³·ñáõÃÛ³Ý` 04.03.05

îå³ù³Ý³Ïª 300

______

§ÈÇÝ·í³¦ Ññ³ï³ñ³ÏãáõÃÛáõÝ ºñ¨³ÝÇ ì.´ñÛáõëáíÇ ³Ýí³Ý å»ï³Ï³Ý É»½í³µ³Ý³Ï³Ý Ñ³Ù³Éë³ñ³Ý Ð³ëó»Ý` ºñ¨³Ý, ÂáõÙ³ÝÛ³Ý 42 Ð»é.` 53-05-52 Web: http://www.brusov.am E-mail: [email protected]

184