AMERICAN GOVERNMENT REPORT

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Running head: AMERICAN GOVERNMENT 1 AN AMERICAN GOVERNMENT REPORT NORMA I. BOWEN POL201: American National Government (ACK1716D) Instructor: Dwight Alvis MAY 22, 2017

AMERICAN GOVERNMENT 2 America’s Democracy The American government is perceived as the strongest political system in the world. The United States of America is a leader amongst the nations. A government of power but not without flaws. The American Government is a democracy which by definition is a Republic founded by the people and for the people. Although it is the most influential country in the world, there are areas of improvement as there are strengths and weaknesses that are present today. From the creation of America's Constitution, protection of its citizens from this very government was the principal concern of the Framers of the United States of America. The Constitution guarantees certain basic rights while ensuring a limited government power. The Constitution divides the three branches of government (Legislative, Executive and Judicial) providing they are separate but equal. Through checks and balances, the rights of citizens are preserved and not violated by either branch of government. The Constitution protects these and other rights. While not stated in the doctrine, Federalism is one of the most prominent notions of the U.S. Constitution. By definition, Federalism is "A government system where power and authority are shared by national and state governments with ultimate authority derived from the people." (Fine & Levin- Waldman 2016). With a peaceful transfer of power in mind the Framers of America formed the American political system. As a democracy, the United States uses elections to choose its elected officials at the state, federal and local levels. On a federal level the Commander in Chief, the President, is elected by the citizens of each state via the electoral college. U.S. Constitution Signed on September 17,1787, The constitution is the country's fundamental law but has not been without opposition. One strength of the U.S. Constitution is the division of power. The

AMERICAN GOVERNMENT 3 system of checks and balances that are provided to all American citizens by the United States Constitution is a critical one. This system allows for no one branch of the government to become too powerful. Through the different branches of government legislative, executive, and judicial these powers are kept separate but equal. Checks and balances protect the American people ensuring that the Constitution is for the people. The U.S. Constitution is part of today's ongoing political struggle and conflict, particularly among conservatives and liberals. While it continues to be relevant today, the Constitution was written in vague and ambiguous language open to interpretation. A weakness today is that those in power do not always follow it and many Americans don't have a clear understanding of it. "Most Americans today have no idea what the document says; the constraints that the document imposes on federal power are routinely ignored;" (ABBOTT, G. 2016). The Constitution is the nation's fundamental law and yet a growing population of people oppose is without understanding what it is. This is a weakness because the people of America are electing government official into power without knowledge of the Constitution when its very purpose is to limit the power of the Federal Government and protect the individual rights of the people. Elected officials more than anyone, have an obligation to uphold the law. "When the president enters office, he or she is required to take the following oath: “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.” (Fine & Levin-Waldman 2016). To maintain the strength of division of power afforded by The U.S. Constitution, the Constitution has to be enforced. Checks and balances must continue to effectively ensure that no branch has more power over the other.

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AMERICAN GOVERNMENT 4 The Framers of the Constitution intended for the doctrine to be interpreted and reinterpreted. For this reason, the language of the Constitution is vague and ambiguous. "Article V of the Constitution provides for a convention of states to propose constitutional amendments." (ABBOTT, G. 2016). In 2016 scholars and federal electors called for a convention of states under Article V, "because all three branches of the federal government have shrugged off the rule of law." (ABBOTT, G. 2016). To correct the weakness of the U.S. Constitution the Article V of the Constitution itself could be utilized to make amendments or to re-enforce existing laws. Federalism Federalism is the relationship of authority and power between states and national government. In the United States, there are many national policies implemented by one agency of the federal bureaucracy. A significant benefit to federalism is that policies are uniform throughout the states and that there is transparency. There cannot be different standards across different states. An advantage of this is when Congress passed the National Highway Traffic and Motor Vehicle Safety Act and the Highway Safety Act of 1966. “Under this legislation, the federal government has the power to establish safety standards for new motor vehicles and to create standards for a variety of highway safety programs implemented at the state level.” (Waller, P.F. 2002) While at first, the death toll continued to rise before eventually decreasing, these laws were Instrumental in bringing down that number. One option to maintain the advantage of the national policy, such as federal motor vehicle safety Standards, would be to continue to do research on deaths due to traffic accidents. It would be beneficial to review these statistics and see where Standards need to be updated or implemented. Laws also need to be enforced when needed.

AMERICAN GOVERNMENT 5 One example of a disadvantage to a national policy that must be implemented by one agency of the federal bureaucracy is the controversial Affordable Care Act. Under the Affordable Care Act, all Americans would be required to obtain health insurance which can be costly. Failure to obtain health insurance under the ACA can lead to fees and penalties. Additionally, there would be an added cost to small business owners who have an obligation to provide health insurance ACA is not favorable. "The shift in power and authority from the states to the federal government generated a range of responses, including, most prominently, several states’ lawsuits challenging the ACA as an unconstitutional exercise of federal power."(Leonard, E.W. (2011). An option to remedy this disadvantage is to implement a policy that all Americans would have access to. Taking a thorough look at the Affordable Care Act and carefully reviewing what and how it works would be imperative to the American people. With the Affordable Care Act millions of Americans have access to health care, without it, millions of citizens would lose their healthcare which could be detrimental to both their health as well as their finances. Branches of Government The separation of powers and the system of checks and balances are vital to our democracy. The constitution divides the three branches of government into legislative, executive, and judicial. The legislative branch makes the laws. The executive branch enforces the law. The judicial branch interprets the law. These branches are separate but equal. Checks and balances are essential to avoiding abuse of these powers while ensuring that one branch does not have more control than the other. One strength of the three branches of government, the legislative branch, is the ability to create laws. "Under the United States Constitution, the legislative branch is granted the power to make and change policy by passing laws,16” (Funk, D.

AMERICAN GOVERNMENT 6 (2014). This is the greatest power bestowed to the legislative branch. While the President can veto laws, Congress may still override the President's veto if they deemed necessary. One weakness of the legislative branch is that Congress is so big, and the President has the power to veto. The president has veto power and can decide not to sign what was passed by the two Chambers. “The constitutional text thus makes clear that the President plays a critical role in the legislative process, ^* but the text of the Veto Clause is ultimately silent about the true scope and content of that role.” (Broughton, J.R. 2005). One option to maintain the strength of the legislative branch, is to elect officials into power that want to compromise and not obstruct. Who becomes selected is essential because Congress plays a prominent role in passing new bills. Therefore, when a bill is being presented by the President, for instance, it is imperative that Congress reviews these bills and do their due diligence. The citizens also have a right to call their senators and make their voices heard. An option to correct the weakness of the Legislative branch would be pass laws you know the president will sign. More involvement is needed between the people and Congress and in turn bills that matter and make sense would get passed. The American people need to be more active be in electing their representatives as well as they represent the American people. Elections As a democracy, the United States of America holds federal elections to choose its governmental officials. One strength of the federal elections is that the elections allow the people of the United States to elect a representative to govern and be congressional for them. The people are allowed to choose a representative for a term and then vote again at the end of it. The president, for example, can run two consecutive terms of 4 years each. If the people wish to re- elect the candidate, they may vote and do so.

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AMERICAN GOVERNMENT 7 One opportunity to strengthen the positive impact of the federal elections would be to mobilize the citizens of the nation to go out and vote. The last election saw a significantly low number of voters. Federal elections are a privilege, but if the turnout isn't there on election day, then it is futile. Politicians can look at areas with lower voter turn outs and reach out to the people to remedy this problem. One contributor to a low turnout of voters is Voter Identification laws. Voter ID laws are statutes that require a person to present some form of valid photo identification before they are allowed to register to vote. While there is controversy over the legitimacy of voter fraud, it would be catastrophic if people were, in fact, committing such crimes. Nonetheless, this is a weakness of the United States federal elections. If there happen to be votes cast illegally, then it would diminish legitimate votes. Requiring valid picture ID ensures that the votes are cast legally. A con of the voter ID laws is that it is hard for the elderly to acquire a birth certificate to obtain ID. Another con is that some laws are used to discriminate against minorities. “Opponents counter that little evidence exists to show voter fraud by impersonation is a serious problem. More important, they argue, is that voter identification requirements could make it harder for some lawful voters—especially the elderly, students, poor people, and minorities—to vote."(Underhill, W. (2011, July). A recommendation to lessen the negative impact of voter ID laws is for everyone to present ID's at the polls, but there needs to be transparency throughout all of the states. The same ID's that allow people to vote in one state should be acceptable in another. I think that in areas where there is an issue with people obtaining these documents (i.e. elderly or impoverished people) more should be done to include them in the elections. More should be done to find out why they are unable to present identification. When a particular group of people are not showing

AMERICAN GOVERNMENT 8 up, it becomes evident that something is wrong. "The Republican lawmakers who are leading the fight for the restrictive legislation say they are doing so in the name of stopping election fraud -- and, really, who's in favor of election fraud? But the larger purpose and effect of the laws is to disenfranchise Hispanic voters, other minorities, and the poor -- most of whom, let's also be clear, vote for Democrats."(Cohen, A. (2012, March 16). It is not fair that some may use these laws to target the disenfranchised as an excuse to exclude them. Conclusion It is evident that The Constitution, Federalism, division of powers and political system come together to form a great Republic. Through these distinct but powerful sectors of the American Government, its citizen's rights and freedoms are guaranteed. While there are strengths and weaknesses, these different vehicles of government are a driving force that makes the United States a leader amongst the nations.

AMERICAN GOVERNMENT 9 References ABBOTT, G. (2016). THE MYTHS AND REALITIES OF ARTICLE V. Texas Review of Law & Politics, 21(1), 1-67. Broughton, J. R. (2005). RETHINKING THE PRESIDENTIAL VETO. Harvard Journal On Legislation, 42(1), 91-134. Cohen, A. (2012, March 16). How voter ID laws are being used to disenfranchise minorities and the poor. The Atlantic. Retrieved from http://www.theatlantic.com/politics/archive/2012/03/how- voter-id-laws-are-being-used-to-disenfranchise-minorities-and-the-poor/254572/ Fine, T. S., & Levin-Waldman, O. M. (2016). American Government (2nd ed.) [Electronic version]. Retrieved from https://content.ashford.edu/ Funk, D. (2014). CHECKING THE BALANCES: An Examination of Separation of Powers Issues Raised by the Windsor Case. Arizona State Law Journal, 46(4), 1471-1497. Leonard, E.W. (2011). INTRODUCTION: THE ROLE OF STATES IN FEDERAL HEALTHCARE REFORM. KANSAS JOURNAL OF LAW & PUBLIC POLICY, 20(2),181-185 Underhill, W. (2011, July). Proof at the polls. State Legislatures, 37(7), 58-60. Retrieved from http://www.ncsl.org/research/elections-and-campaigns/proof-at-the-polls.aspx Waller, P. F. (2002). CHALLENGES IN MOTOR VEHICLE SAFETY. Annual Review Of Public Health, 23(1), 93.

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