I have always appreciated Tom Morrow’s pieces throughout the 30+ years I have been reading his articles. I would like to submit this CIVICS 101 review to follow up his article today about the need to understand civics and history. I would like to point out that many ‘old folks’ also have no idea of what the process is for legislation and enforcement, so here is a refresher for everyone.
CIVICS 101
The three branches of the US federal government are Legislative, Executive and Judicial branches.
• The Legislative Branch to make the laws. Congress is made up of two houses, the Senate and the House of Representatives.
• The Executive Branch to enforce the laws.
• The Judicial Branch to interpret the laws.
Congress is the legislative branch of the federal government and makes laws for the nation. Congress has two legislative bodies or chambers: the U.S. Senate and the U.S. House of Representatives.
The bill has to be voted on by both houses of Congress: the House of Representatives and the Senate. If they both vote for the bill to become a law, the bill is sent to the President of the United States. He or she can choose whether or not to sign the bill. If the President signs the bill, it becomes a law.
The power of the President to refuse to approve a bill or joint resolution and thus prevent its enactment into law is the veto. This veto can be overridden only by a two-thirds vote in both the Senate and the House. If this occurs, the bill becomes law over the President’s objections.
The President of the United States has no explicit law-making power in the Constitution, but there are two implicit sources of authority that the President uses to create law:
(1) The first is the President’s inherent powers in the Constitution, primarily the President’s role as the commander-in-chief of the military and the power to make foreign policy (and some others, such as to issue pardons). These powers can be constrained by Congress and challenged in the courts, but the President has wide latitude in these areas.
(2) The second source of authority derives from the President’s power to fire some of the highest level of staff in the executive branch, including the President’s Cabinet members. Not all officials can be fired by the President, but for those who the President can fire, the President can order them to take any action consistent with existing law. Such orders usually direct agencies to take actions that Congress left up to the agency to decide. In these cases, the President can direct the agency to decide one way or the other.
The power of the Executive branch is vested in the president of the United States. The president is responsible for implementing and enforcing the laws written by Congress and, to that end, appoints the heads of the federal agencies, including the Cabinet.Dec 7, 2017 It includes the president, vice president, the Cabinet, executive departments, independent agencies, and other boards, commissions, and committees.
The order of succession specifies that the office passes to the vice president; if no vice president is available, the powers and duties pass to the speaker of the House of Representatives, president pro tempore of the Senate, and then Cabinet secretaries, depending on eligibility.
The Judicial Branch is the final arbiter of the law. The Supreme Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution.
What is a Constitutional amendment? An amendment to the Constitution is an improvement, a correction or a revision to the original content approved in 1788. To date, 27 Amendments have been approved, six have been disapproved and thousands have been discussed.
How is the Constitution amended? Article V of the Constitution prescribes how an amendment can become a part of the Constitution. While there are two ways, only one has ever been used. All 27 Amendments have been ratified after two-thirds of the House and Senate approve of the proposal and send it to the states for a vote. Then, three-fourths of the states must affirm the proposed Amendment.
The other method of passing an amendment requires a Constitutional Convention to be called by two-thirds of the legislatures of the States. That Convention can propose as many amendments as it deems necessary. Those amendments must be approved by three-fourths of the states.
You can vote in U.S. elections if you:
• Are a U.S. citizen
• Meet your state’s residency requirements
o You can be homeless and still meet these requirements.
• Are 18 years old on or before Election Day
o In almost every state, you can register to vote before you turn 18 if you will be 18 by Election Day. See a table of voter registration age requirements by state.
• Are registered to vote by your state’s voter registration deadline. North Dakota does not require voter registration.
-Laura Thomas
Letters to the Editor- Response to Notes and Quotes, Civics 101
July 21, 2020