Legislative Branch

The Legislative Branch of the United States Government is tasked with creating, amending, and abolishing law. This branch has no authority to enforce law or interpret law. It does however play a significant role in the everyday lives of Americans, and to another extent, those affected by our laws overseas. Article I of the United States Constitution outlines procedures and requirements for the Legislative Branch.

The Legislative Branch consists of two houses. Founding fathers of the United States Government felt that two levels of representation were needed to avoid factionalism and to ensure a more accurate reflection of the peoples' will. As a result, a House of Representatives was created to cover smaller areas and populations; whereas the Senate was created to represent entire States. For a law to take effect it must be passed by both the House of Representatives, the Senate, and signed by the President. The President can veto a law but the Senate and House of Representatives may override the Presidential Veto with a 2/3 majority vote. If the Congress adjourns its session before the ten days allotted for the President's signature, the bill does not become a law. This scenario is called a pocket veto.

The House of Representatives is currently staffed with 435 elected officials to represent the people of various districts across the United States. Territories of the United States are allowed to be represented by non-voting members, but are still subject to legislation from Congress. Constituents, or citizens represented by an elected leader, have the right to petition their representative for legislative action. For example, people routinely write letters to their local congress person. Issues are raised with letters, in the media, and nowadays online. If a representative fails to meet the needs of its constituents, then the people have the right to replace that representative through the ballot box.

Representatives must be at a minimum of 25 years of age. Second, members must also have been a citizen of the United States for at least 7 years. Finally, Representatives must also live in the state that they represent - usually they live in the district they represent although not required by law. Representatives serve 2 year terms before another election.

Senators, on the other hand must be at least 30 years of age to be elected to congress. Second, senators must have been a citizen of the United States for at least 9 years. Finally, senators must similarly be a resident in the state which they represent. One third (1/3) of the seats are up for election every 2 years, making a senator's term a total of 6 years.

The Legislative Branch is the government organization responsible for law. Law can be created, amended, and abolished. The House of Representatives is given the power to impeach presidents and raise revenue. The Senate has the options to certify treaties, confirm judge appointments, and affirm military leaders. These powers are restricted to the legislature only. The Executive and Judicial branch can neither create, amend, or abolish law.

Modern Political Parties in the United States

There are two major political parties in the United States today. Although the Constitution makes no mention on political organization, there typically have been two major competing parties throughout much of the history of the United States. In fact, the political parties in the United States are a representation on two competing views about the future of government. One party is conservative; whereas the other party is liberal. Most often people toss these terms around loosely and have no understanding of the meaning. There is no absolute right or wrong position with either party. The best approach is to gain a solid understanding of the issues and decide for yourself which party best represents your values. So in an effort to become more politically aware let's spend some time dissecting the meaning of these terms and categorizing issues relating to each parties' position.

Democrats Donkeys; Republicans Elephants

The term liberal is used to define the Democratic Party. Typically speaking the term liberal relates to the amount of progressive action the government is allowed to take. For example, a liberal would normally support marriage of homosexuals since it is a progressive social issue that is relatively new to the world of American politics. The liberal attitude is that which is open to government reform, change, and other progressive policies.

The term conservative is used to describe the Republican Party. Most often the use of the term conservative can be defined as one who does not agree with the government's efforts to make quick and hasty reforms. The example of homosexual marriage would be one that most Republicans disagree with since it is a rapid departure from common social attitudes from the past.

The terms liberal and conservative are also applied to fiscal policy. Liberal politicians will typically agree to spend more and allow government to grow. On the other hand, conservative politicians usually spend less and decrease the role of government in everyday life. The major factor affecting most Americans in this debate is revenue, or better known as taxes. The best way to demonstrate this point is ask these questions: Are you willing to increase taxes to allow the government to expand its services (Yes = Liberal; No = Conservative)? Or do you feel that taxes should be lowered which will decrease the roll of everyday government services (Yes = Conservative; No = Liberal)?

Again, there is no absolute right or wrong position, just competing views about how to proceed. Issues are discussed in the media or raised with representatives. The final say rests with the people. On election day people go to the ballot box and cast their votes. Often times people vote along party lines giving the parties strength and influence. The result is a political spectrum from extreme liberal to moderate to extreme conservative. Take a look at the categorization of basic political issues in the United States and see where it is you stand.

United States Bill of Rights

The United States Bill of Rights are the first 10 basic laws of the United States. The creation of U.S. Bill of Rights was most influenced by James Madison's Federalist Paper No. 10. In the his work, Madison argued that a pure democracy leaves majority faction in a position to abuse the minority classes. As a consequence, the founding fathers decided to adopt the Bill of Rights as the first ten amendments to the Constitution. Originally, the Bill of Rights was designed to protect basic freedoms for white, property owning, male citizens, but today these protections are extended to all members of the nation without exception.


United States Constitution Bill of Rights Paraphrased
1st Amendment - protects the freedom of religion, freedom of speech, freedom of the press, and the freedom to assembly.

2nd Amendment - protects the right to bear arms.

3rd Amendment - protects against the forced quartering (housing) of soldiers.

4th Amendment - protects against unreasonable searches and seizures.

5th Amendment - protects legal liberties such as the right to a grand jury, the right to due process, the right to avoid self-incrimination, and the right to avoid double jeopardy.

6th Amendment - protects the right to a fair and speedy trial, protects the right to face accuser, protects the right to retain an attorney.  

7th Amendment - protects the right to trial by jury.

8th Amendment - protects against cruel and unusual punishment.

9th Amendment - protects against using unwritten   rights as an avenue to abuse citizens.

10th Amendment - states rights; rights that are not outlined in the Constitution are given to the states and people.

Enlightenment Political Philosophers

After the Dark Ages of Medieval Europe, new discoveries were being made in a range of differing disciplines. Art, science, math, technology, finance and other areas of study were beginning to make advancements. Political science was not the exception. Thinkers from this era contributed largely to the framework in which we govern ourselves today. These modern political philosophers distributed their ideas throughout Europe, and later, the British North American Thirteen Colonies. As a result, people became educated about better courses of action in relation to government. Eventually, these modern political ideologies influenced revolutions, both peaceful and violent, and lay the basis for the governments found throughout the western world today.

Baron de Montesquieu was a French political philosopher that advocated a government system that separated its powers. Since France had some negative experiences with absolute monarchs during its past, Montesquieu's views on government were widely accepted. French citizens did not have the opportunity to redress grievances, participate in legislative decision making, and were all but ignored by its rulers. Consequently, the idea of separating power took root and flourished among the educated classes of French citizens.

Montesquieu's ideas did not remain in France. His works were translated and were highly popular among statesmen in the British North American Thirteen Colonies. The founding members of the United States Constitution used Montesquieu's views to create a government that could not abuse its citizens. By separating three distinct governmental powers, the United States has had unprecedented success with its governmental organization. The three main bodies of government are the legislative, executive and judicial. Each branch of the government serves as a check and balance against the others, thus eliminating the possibility for a usurpation of power or abuse of the citizens.


John Locke was an Englishman who similarly produced works about the purpose and structure of government. Locke argues in his Two Treatises on Government that the sole purpose of government is to protect the natural rights of citizens. According to Locke, people are endowed  with three natural rights. These rights are life, liberty, and property. As a citizen of the United States the government ensures our right to life. It is illegal to take another person's life because it is their natural right to exist. In addition, citizens are prevented from imprisoning others without a just cause. The government protects your natural right to liberty within the scope of the law. Finally, Locke argues that the government should protect our natural right to accumulate property (Though Jefferson would redefine this as "pursuit of happiness" in the Declaration of Independence to avoid the issue of regarding African-American slaves as property). Thus, it is a natural right for citizens to earn and toil to accumulate wealth and happiness. These natural rights are the basis for which the United States was formed in opposition to the English Constitutional Monarchy.


Jean-Jacques Rousseau was another Frenchmen who produced works relating to government. According to Rousseau, there existed a social contract which existed between governments and its citizens. Since governments are instituted among people, to serve the people, then Rousseau's belief was that abuse of governmental power was a nullification of the social contract. In other words, if a government was abusive of its citizens, then its half of the contract was void, hence making the authority of that government non-existent. Governments should exist based solely on the consent of the governed.






William Blackstone wrote a treatise titled Commentaries on the Laws of England. His work was similarly influential in political discourse of the time. In his treatise, Blackstone argues that laws should be clearly codified and rational so that the application of law is equal and just. During his time period, laws in England, and around the world for that matter, were routinely circumvented to benefit the advantaged or wealthy. The result of this study gave the founding fathers of the United States Constitution the rationale for writing laws so that the meaning and application is just and fair to all members of the citizenry.

Since all of the previously discussed political authors advocated a form of just democratic rule in one form or another, there is something to be said about the dangers of a purely democratic society. James Madison, one of the founding fathers of the United States Constitution, wrote Federalist Paper No. 10 in an effort to demonstrate the difficulties associated with a democratic country without legal protections. In his work, Madison discusses the risk of factionalism. According to Madison factionalism occurs when majority groups legally inflict abuse upon minorities through the use of the vote and other democratic means. Madison's views helped the founding fathers pave the way for the creation of a "Bill of Rights" that protected minority rights from factionalism and abuse of power by a majority rule.

Ancient Political Philosophers

Since the earliest days of humanity people have been organizing and making collective decisions about how to govern the day to day activities of the tribe, city, or nation. Government is the study of how humans use their collective efforts to promote general welfare for their communities. One of the earliest examples of government comes from Hammurabi, a ruler from Ancient Mesopotamia. Hammurabi's Code was a series of laws that were required to be followed in Ancient Mesopotamia almost 4,000 years ago. The saying, "An eye for an eye," is a direct translation from Hammurabi's Code. This law was the basis for how criminal conduct would be handled in the lands of Ancient Mesopotamia.

Hammurabi's Code on Stone Tablet 

Later, Ancient Greek philosophers took the idea of government and political science to new levels. The Ancient Greeks spent countless hours studying and discussing details related to government. As a result, much of the world of government today finds its inspiration from philosophers from Ancient Greece and other later civilizations.

Eventually, European political philosophers emerged after the Renaissance. With the advent of the printing press, ideas about politics were able to be quickly distributed. New ideas were formed and caused old systems of government to be modified or violently overthrown. The basis for the United States Constitution comes from the teachings of ancient philosophers, as well as modern thinkers too.






"Man is by nature a political animal." - Aristotle Politics

The Thinker or Philosopher

Humans naturally communicate with one another. When we consider that we have the ability to discuss, agree, and disagree, humans have an advantage over much of the natural world. Early caves people could not individually fend off hungry Saber-Toothed Tigers. Yet, as a collective political unit the early caves people were much better equipped to proceed on a unified course of action to fight their main predator - the Saber-Toothed Tiger. For example, one person would gather sticks to make spears; whereas another person would prepare the fire. Other persons were tasked with making rock tools to sharpen spears. And finally, the group became prepared to defend itself as a unit. Humans by nature cooperate as a means to a common goal. Consider the opposite of cooperative political action: Cats. Cats naturally are individualistic. Never has a group of Cats gathered around a fire and discussed the best course of action with which to proceed. Cats behave as individuals and thus are not political. "Man is by nature a political animal." -Aristotle Politics.



"Until philosophers rule as kings or those who are now called kings and leading men... philosophize... cities will have no rest from evils... nor, I think, will the human race." Plato - Republic 

Plato

Humans routinely have rulers to lead communities. Throughout history there are thousands of examples of incompetent and successful rulers. Adept and inadequate rulers range from Kings of vast empires to local mayors in small towns. For whatever the reason, people give others the authority to rule. Since it is apparent that there will be those trusted with authority, people have studied that which makes a ruler most likely to be successful. Approximately 2,400 years ago Plato made the extraordinary claim that rulers should be philosophers or thinking men. To put it in other words, the most successful governments will have the wise and educated as their rulers. If you had to select a leader would you prefer the village idiot or local scholar?

Example Landmark Supreme Court Cases

Civil Rights:
Dred Scott v. Sandford (1857) - held that people of African decent were slaves and thus are not protected by the Constitution. Overruled by the 14th Amendment Citizenship Clause, "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States..."

Plessy v. Ferguson (1896) - held that states had the right to create "seperate but equal" facilities for persons of African descent.

Brown v. The Board of Education (1954) - held that Plessy v. Ferguson was unconstitutional. States were no longer allowed to segregate students based on race.

Abortion:
Roe v. Wade (1973) - held that the Constitution guarantees a woman's right to privacy in relation to their bodies. Abortion was legalized.

Criminal Rights:
Gideon v. Wainwright (1963) - held that states must pay for an attorney for any person accused of criminal misconduct in trial proceedings.

Escobedo v. Illinois (1963) - held that persons suspected of criminal misconduct have the right to an attorney in an interrogation.

Miranda v. Arizona (1966) - held that any person interrogated must be made fully aware of their right to an attorney and their right to remain silent.

Brown v. Mississippi (1936) - held that a criminal confession is not valid if obtained through the use of violence.

Judicial Review:
Marbury v. Madison (1803) - held that the Judiciary has the right to interpret legislation.

Intelligent Design:
Kitzmiller v. Dover Area School District (2005) - held that teaching intelligent design in public schools is a violation of the 1st amendment's freedom of religion clause, and thus illegal.

The Soviet Union

The Russian Revolution occurred during World War 1 in 1917. When the Russians were fighting the Central Powers in Europe, the home front was disintegrating. While fighting the war, the Russian leadership consisted of a Tsar that controlled all of the power and wealth in the country. As a result, there were large groups of Russians that were unhappy with the leadership. V.I. Lenin, the main leader of the opposition to the Tsar, would lead a successful revolution and create the first Communist country based upon the teachings of Karl Marx. The Soviet Union would later become a world super power, even challenging the United States in technology and arms. By 1990 the Soviet Union collapsed, leaving the remaining world super power, the United States, to move forward and make the planet safe for democracy and global business.

The Romanov Family w Tsar Nicholas II

They were all executed.

V.I. Lenin Leader of the Russian Communist Revolution

U.S.S.R. - Union of Soviet Socialist Republics

Although short lived as a government (1917-1990), the Soviet Union had some notable historical accomplishments worthy of mention. First, the Soviet Union created the first functioning Communist country where the government attempted to create a society where its citizens own the means to production, thus eliminating economic inequality. Or in other words, the Communist government eliminated private property and forced all citizens to cooperate for the benefit of the nation. Second, the Soviet Union spilled more blood in World War 2 than any other country to defeat Hitler and Nazi Germany. In 1942, Hitler's armies entered the Soviet Union under Operation Barbarossa to acquire land for the Germans. The Soviet leader, Stalin at this time, was able to rally the Russians and others to stop the Nazi onslaught. (Making the United States and Soviet Union temporary allies). Next, the Soviet Union had put both the first satellite (Sputnik) in space along with the first man (Yuri Gagarin) in space. Finally, the Soviet Union competed with the United States throughout the Cold War. On several occasions the United States and the Soviet Union nearly came to global thermonuclear war. During the 1980's United States President Ronald Reagan spoke his famous words, "Mr. Gorbachev, Bring down this wall." The quote echoed the struggle of the people under the Communist system. Thankfully, cooler heads prevailed and the Soviet Union peacefully collapsed in 1990, thus creating several new countries and ending the Cold War.

Soviet Union Communist Government

Nazi Invasion of Soviet Union - Operation Barbarossa

Stalin v. Hitler (World War 2)

Battle of Stalingrad - Soviet Union Victory

 Soviet Union Flag Over Berlin, Germany

Sputnik - First Satellite in Space - U.S.S.R.

Yuri Gagarin - First Human in Space - U.S.S.R.

Berlin Wall and the Collapse of European and Russian Communism

"Mr. Gorbachev, Bring Down This Wall!" - Ronald Reagan

The Consequences of a Hot War Avoided

World War 1

At the beginning of the 20th Century (1900's) the powerful nations of Europe started upon aggressive policies towards one another. England, France, Germany, Russia, and others were using their strengths to conquer lands overseas and dominate regions in Europe. These countries were competing to acquire areas around the globe for raw materials to support their industrial growth. As a result, war became inevitable. World War 1, originally called the Great War because there wasn't a World War 2 yet, had its foundations with the struggle for advanced nations to maintain industrial output at the beginning of the 1900's. The competing countries began to make alliances, which would be the reasoning behind why the war became a "World" war.

Tangled Alliances

The European governments were beginning to feel uneasy with the advances in opponents' industry and technology. Consequently, the major European powers began to ally with other nations. Below is a basic summary of the two main alliances of World War 1.

The war dragged on into a stalemate, or in other words, neither side was winning. Trench warfare, the machine gun, the tank, and the airplane were all new technologies that made both sides extremely well prepared for defensive positioning. 

Trench Warfare

Machine Gun

Tank

Airplane

After several years of hard fighting some developments occurred which allowed the Triple Entente countries to take the advantage. In 1917, the Russians left the war to complete their Communist Revolution at home. With the loss of such an important ally, the people of France and England were struggling along the Western Front. Because of German submarine attacks on United States shipping and the interception of the Zimmerman Telegram (A letter from Germany to Mexico asking the Mexican Government to attack the United States) the United States joined the war on the side of England and France. With fresh troops and supplies the war was won and Germany was forced to surrender by signing the Treaty of Versailles.

Submarine Warfare

Zimmerman Telegram