Chapter V. The political ideologies in the United States

Political ideologies in the United States vary considerably. Persons in the U.S. generally classify themselves either as adhering to American liberalism, American conservatism or as moderates. American liberalism aims at the preservation and extension of human, social and civil rights as well as the government guaranteed provision of positive rights. It combines social progressivism and to some extent, ordoliberalism and is highly similar to European social liberalism. American conservatism commonly refers to a combination of economic liberalism and social conservatism. Yet, these classifications do not accurately reflect the ideological diversity of American society. The ideological position a person or party takes may be described in terms of social and economic policy. The ideological positions a person assumes on social and economic policy issues may differ in their position on the political spectrum. Milton Friedman, for example, was left-of-center on social issues but right-of-center on fiscal matters. Several ideological demographics may be identified in addition to or as subgroups of liberals and conservatives with nearly every possible ideology being found in the general population. The U.S. has a de facto two-party system. The Democratic Party generally represents liberal ideals, while the Republican Party commonly represents conservative ideals. As of 2004, the Democratic Party had 77 million registered members, followed by 55 million Republicans and 42 million independents, including those with other party affiliations. Smaller parties such as the Libertarian Party and the Greens play a minor role in American politics and are not deemed able to capture the presidency. The size of ideological groups varies slightly depending on the poll. According to a 2007 poll, 35 % of Americans identified as moderate, 36 % as «conservative» and 26 % as «liberal.» In a 2005 study, the Pew Research Center identified nine typological groups. Three groups were identified as part of each, «the left,» «the middle,» and «the right.» In this categorization system, «the right» roughly represents the Republican base, those on the «the left» the Democratic base and those in «the middle» independents. Within the left are the largely secular and anti-war «Liberals», the socially conservative but fiscally left-leaning «Conservative Democrats», and the economically «Disadvantaged Democrats» who favor an extended welfare state. In «the middle» are the optimistic and upwardly mobile «Upbeats», the discouraged and mistrusting «Disaffecteds,» and the disenfranchised «Bystanders.» The right compromises the highly patriotic and pro-business «Enterprisers,» the highly religious «Social Conservatives» (also known as the Christian right), and the «Pro-Government Conservatives» who are largely conservative on social issues but support government intervention to better their economic disposition.

Typological groups

The typology of the voters can be broken into nine groups:

Enterprisers are staunchly conservative and have perhaps the most consistent ideological profile of any group in the typology. They are highly patriotic and strongly pro-business, oppose social welfare and overwhelmingly support an assertive foreign policy. This group is largely white, well-educated, affluent and male (more than three-quarters are men).

Social Conservatives agree with Enterprisers on most issues, but they tend to be critical of business and supportive of government regulation to protect the public good and the environment. They also express deep concerns about the growing number of immigrants in America. This largely female group includes many white evangelical Christians, and nearly half of Social Conservatives live in the South.

Pro-Government Conservatives also are broadly religious and socially conservative, but they deviate from the party line in their backing for government involvement in a wide range of policy areas, such as government regulation and more generous assistance to the poor. This relatively young, predominantly female group is under substantial financial pressure, but most feel it is within their power to get ahead. This group also is highly concentrated in the South, and, of the three core Republican groups, had the lowest turnout in the 2004 election.

Upbeats are relatively moderate voters who have positive views of their financial situation, government performance, business, and the state of the nation in general. They are generally well-educated and fairly engaged in political news. While most Upbeats do not formally identify with either political party, they voted for Bush by more than four-to-one in the 2004 election.

Disaffecteds are much less affluent and educated than the Upbeats. Consequently, they have a distinctly different outlook on life and political matters. They are deeply cynical about government and unsatisfied with their financial situation. Even so, Disaffecteds lean toward the Republican Party and, though many did not vote in the presidential election, most of those who did supported Bush's reelection.

Bystanders largely consign themselves to the political sidelines. This category of mostly young people, few of whom voted in 2004, has been included in all four of the Center's political typologies.

Liberals are an affluent, well-educated, highly secular group that is consistently liberal on social issues, ranging from freedom of expression to abortion. They have swelled to become the largest voting bloc in the typology. Liberals are opponents of an assertive foreign policy, strong supporters of environmental protection, and solid backers of government assistance to the poor.

Conservative Democrats are quite religious, socially conservative and take more moderate positions on several key foreign policy questions. The group is older, and includes many blacks and Hispanics; of all the core Democratic groups, it has strongest sense of personal empowerment.

Disadvantaged Democrats also include many minority voters, and they are the least financially secure voting bloc. Members of this heavily female, poorly educated group are highly pessimistic about their opportunities in life, and also very mistrustful of both business and government. Nonetheless, they support government programs to help the needy.

Prominent ideologies

Liberalism and conservatism are the most common ideologies in the U.S. apart from those who identify as moderate. Individuals embrace each ideology to widely varying extents. Liberals and progressives commonly advocate strong civil liberties, social progressivism, cultural pluralism, government ensuring of positive rights (education, health care, etc…) and a mixed economy. Conservatives commonly defend the status quo, advocating more religious and traditional stands on social issues and less government intervention in the economy. Moderates, who may be left or right leaning, incorporate different aspects from liberalism and conservatism into their personal perspective. According to recent polls moderates are commonly identified as the second largest group, closely trailing conservatives, constituting between 36 % and 39 % of the population. Moderates are commonly defined through limiting the extent to which they adopt liberal and conservative ideas. CNN exit polls have found moderates to be rather evenly divided between the country's two main parties. Even though liberals are the most educated and affluent ideological demographic, moderates tend to become increasingly conservative with increased economic prosperity, causing the professional class to be split between Republicans and Democrats. Among those who do identify as either liberal or conservative few identify as «far left» or «far right.» Most Americans either identify as «moderate» or as «somewhat» liberal or conservative. While often not mentioned in major polls and less organized than liberal or conservatives, Libertarians are a significant minority, constituting roughly 13 % of the electorate. Libertarians commonly hold liberal views on social issues but conservative views on economic issues. Since the 1980s a majority of Libertarians have favored the Republican Party, although in recent years, the margin favoring the Republicans has begun to shrink because of the Libertarian's opposition to many recent Republican supported social issues.

Liberalism

Liberalism in the U.S. is most commonly characterized by a mixture of social liberalism and progressivism, with a strong (if frequently unrecognized) ordoliberal streak. Less frequently it may also describe forms of classic and neoliberalism. Liberals in the United States advocate strong civil liberties and social progressivism according to which societal practices need to be changed whenever necessary for the greater good of society or the benefits of those who wish to engage in those social arrangements. They believe that government action is needed in order for people to be as free as possible. Government must thereby ensure the provision of positive rights, protect civil liberties and ensure equality. American liberals commonly reject both laissez-faire capitalism and socialism as means to distribute economic resources. A mixed economy, that is a capitalist free market economy with limited government regulation and intervention is seen as the ideal. Cultural pluralism is quite common among American liberals. A majority of liberals favor diplomacy over military action, stem-cell research, the legalization of same-sex marriage, secular government, stricter gun control and environmental protection laws as well as the preservation of abortion rights. They tend to be rather divided on free trade agreements and organizations such as NAFTA. Most liberals oppose increased military standing and the display of the Ten Commandments in public buildings. Immigration and cultural diversity is deemed positive. As a result liberals favor cultural pluralism, a system in which immigrants retain their native culture in addition to adopting their new culture.

«Liberalism wagers that a state… can be strong but constrained - strong because constrained… Rights to education and other requirements for human development and security aim to advance equal opportunity and personal dignity and to promote a creative and productive society. To guarantee those rights, liberals have supported a wider social and economic role for the state, counterbalanced by more robust guarantees of civil liberties and a wider social system of checks and balances anchored in an independent press and pluralistic society». - Paul Starr, sociologist at Princeton University, The New Republic, March 2007

According to the Pew Research Center liberals particularly distinguished from any other typographic group by their socially progressive viewpoints. In 2004, liberals were the only group to advocate same sex marriage and euthanasia, a policy regarded as left of the Democratic Party. Among the most prominent liberal periodicals are The Nation, The American Prospect, The New Republic, and the Washington Post, as well as the New York Times. The New Republic described its political standing, giving a brief overview of contemporary American liberalism, in a June 2006 editorial stating it was «very much against the Bush tax programs, against Bush Social Security 'reform, ' against cutting the inheritance tax, for radical health care changes, passionate about Gore-type environmentalism, for a woman's entitlement to an abortion, for gay marriage, for an increase in the minimum wage, for pursuing aggressively alternatives to our present reliance on oil and our present tax preferences for gas-guzzling automobiles.»

«[Liberals are] Predominantly white (83 %), most highly educated group (49 % have a college degree or more), and youngest group after Bystanders. Least religious group in typology: 43 % report they seldom or never attend religious services; nearly a quarter (22 %) are seculars. More than one-third never married (36 %). Largest group residing in urban areas (42 %) and in the western half the country (34 %). Wealthiest Democratic group (41 % earn at least $75,000). - Pew Research Center»

Roughly 19 % to 26 % of the American public is liberal depending on survey and method. Liberals vote mostly in favor of the Democratic Party constituting roughly 43 % of the Democratic base. Liberalism tends to be most prominent in academia and among the well educated. In 2004, 72 % of full-time faculty members at four-year colleges identified as liberal. In a 2004 survey of 1,000 economists registered Democrats outnumbered registered Republicans by a 2.5 to 1 ratio. The majority of economists favored «safety regulations, gun control, redistribution, public schooling, and anti-discrimination laws,» while opposing «tighter immigration controls, government ownership of enterprise and tariffs.» Among sociologists and anthropologists, Democrats outnumber Republicans 20 to 1. Analysis of survey results show a strong correlation between education and ideology. Generally, the more educated a person is, the more likely he or she is to be liberal.

Over the past decades the political outlook of Americans has become more progressive, with those below the age of thirty being considerably more liberal than the overall population. According to recent polls 56 % of those age 18 to 29 favor gay marriage, 68 % state environmental protection to be as important as job creation, 52 % «think immigrants 'strengthen the country with their hard work and talents, '» 62 % favor «tax financed, government-administrated universal health care» program and 74 % «say 'people's will' should have more influence on U.S. laws than the bible, compared to 37 %, 49 %, 38 %, 47 % and 58 % among the general population.^[21]

Conservatism

In the United States modern conservatism coalesced in the latter half of the 20th century, responding over time to the political and social change associated with events such as the Great Depression, tension with the Soviet Union in the Cold War, the American Civil Rights Movement, the counterculture of the 1960s, the deregulation of the economy in the late 1970s and early 1980s, the overthrow of the New Deal Coalition in the 1980s, and the terrorist threat of the 21st century. Some of the most supported political issues among conservatives are economic libertarianism, nationalism, and a form of social conservatism that is more appealing to the Christian Right. Conservatives tend to believe in a higher level of independence and self-reliance, and believe that the government should not get involved private economic matters. Conservatives generally believe that having more economic freedom and a less social government will lead to a more responsible and efficient society. For this reason, most American conservatives believe in economic liberalism and fiscal conservatism.

The word «conservative» comes from «conserve,» hence describing those who generally wish to conserve the status quo as well as conserve money by cutting excessive government spending on perceived unnecessary things. Recently, however, more and more conservatives have advocated policy that would quickly and dramatically change society. Views on policies vary among different sub-groups. Enterprisers, for example, are more likely to oppose a universal health coverage program, while Social Conservatives are in strong support of such legislation. Overall, a majority of conservatives oppose the legalization of same-sex marriage, raising taxes as a method to balance the budget, while favoring increased military spending, supporting tax-cuts to allow economic stimulation by providing the tax payers with extra money that they are more likely to spend (as opposed to tax increases), further restricting abortion options, and oppose stricter gun control. Conservatives are more likely to find the use of torture on suspected terrorists as an interrogation method usually justifiable, while most Social Conservatives favor teaching the conception of Creationism instead of the theory of Evolution in public schools. Most conservatives in the United States are opposed to affirmative action, believing it to be unfair and that it only further promotes racism and discrimination. A race-blind system of meritocracy is now embraced by many American conservatives, as most believe it to be more fair and productive. Conservatives also tend to be more willing to display the American flag than Liberals by a wide margin. Three-quarters or more of the GOP groups (Enterprisers, Social and Pro-Government Conservatives) say they display the flag at home, at work, or on their car. Democratic groups show more variation: 72 % of Conservative Democrats say they display the American flag, compared with 53 % of Disadvantaged Democrats while just 41 % of Liberals say they display the flag.

«The value gaps for the GOP are, perhaps surprisingly, greatest with respect to the role of government. The Republicans' bigger tent now includes more lower-income voters than it once did, and many of these voters favor an activist government to help working class people. Government regulation to protect the environment is an issue with particular potential to divide Republicans. On this issue, wide divisions exist both within the GOP and among right-of-center voters more generally… Yet Republicans also have much in common beyond their overwhelming support for a muscular foreign policy and broad agreement on social issues». - Pew Research Center, 2005

Roughly one third, 36 %, to 40 % of the American public identify as «conservative.» Conservatives commonly outnumber liberals in the general public with both ideological groupings being outnumbered by centrists. The military-industrial complex in particular remains a conservative bastion. A 2003 survey by the Military Times found that the «military considers itself clearly more conservative and Republican.» In a December 2006 poll, 46 % of active personnel identified as Republican, down from 60 % in 2004. In the 2000, 2004 and 2006 elections CNN exit polls found that roughly 80 % of self-described conservatives voted Republican. A study by the Pew Research Center, where research assigned typological classifications based on responses to policy and ideological questions, found that a significant percentage of Democratic voters were social conservatives who only voted for the Democratic party due to their more left-leaning economic methods, as well as their long time affiliation with the party especially among Dixiecrats and African-Americans. This study divided conservatives into four groups: Enterprisers, Social Conservatives, Pro-Government Conservatives, and Conservative Democrats. Of the conservative groups, Conservative Democrats were the most common typological group comprising 14 % of respondents while Enterprisers and Pro-Government Conservatives were the least common among the conservative groups at 9 %. Enterprisers had the second highest percentage of college graduates (46 %) behind Liberals, and were tied with Liberals percentage wise on those who have household incomes of $75,000 or more (41 %), while actually having a higher percentage of people who have household incomes of $50,000 or more (62 %). All conservative demographics were religious with less than 10 % of respondents identifying as «secular,» compared to 22 % among liberals, respectively.

«[Enterprisers are] Predominantly white (91 %), male (76 %) and financially well-off (62 % have household incomes of at least $50,000, compared with 40 % nationwide). Nearly half (46 %) have a college degree, and 77 % are married. Nearly a quarter (23 %) are themselves military veterans. Only 10 % are under age 30». - Pew Research Center, 2005.

«[Social Conservatives are] Predominantly white (91 %), female (58 %) and the oldest of all groups (average age is 52; 47 % are 50 or older); nearly half live in the South. Most (53 %) attend church weekly; 43 % are white evangelical Protestants (double the national average of 21 %)». - Pew Research Center, 2005.

«[Pro-Government Conservatives are] Predominately female (62 %) and relatively young; highest percentage of minority members of any Republican-leaning group (10 % black, 12 % Hispanic). Most (59 %) have no more than a high school diploma. Poorer than other Republican groups; nearly half (49 %) have household incomes of less than $30,000 (about on par with Disadvantaged Democrats). Nearly half (47 %) are parents of children living at home; 42 % live in the South». - Pew Research Center, 2005.

«Older women and blacks make up a sizeable proportion of [Conservative Democrats] (27 % and 30 %, respectively). Somewhat less educated and poorer than the nation overall. Allegiance to the Democratic party is quite strong (51 % describe themselves as «strong» Democrats) but fully 85 % describe themselves as either conservative or moderate ideologically». - Pew Research Center, 2005.

It is also shown by the Pew Research Center that conservatives tend to have stronger belief in personal empowerment than liberals. Among the wealthiest and most educated group of conservatives, the Enterprisers, 95 % believed that most people can get ahead in life if they work hard. Despite having similar income and education levels, only 53 % of Liberals agreed with Enterprisers on the issue while 39 % disagreed and another 5 % refused to answerhttp://en.wikipedia.org/wiki/Political_ideologies_in_the_United_States - _note-Pew_Research_Institute._.28May_10.2C_2005.29._Demographics.2C_Lifestyle_and_News_Consumption_-_Matters_of_Faith.. Even among the poorest and least educated groups of both the conservatives (the Pro-Government Conservatives) and the left-wing (the Disadvantaged Democrats) these differences in opinion about personal empowerment are apparent. While 74 % of Pro-Government Conservatives believed that people can get ahead with hard work, only 14 % of Disadvantaged Democrats agreed while 79 % disagreed and the other 7 % refused to answer. This more pessimistic outlook upon life among members of the left-wing would further explain Liberal's strong willingness to financially support those suffering from poverty by way of social welfare and offer and advantage for minorities by way of affirmative action. This would also explain Disadvantaged Democrats strong support for additional economic support from the government for the lower class, and would also explain their support for a system that may improve their situation.

Demographics of ideological groups

The socially progressive Liberals and staunchly conservative Enterprisers are tied as the two most affluent groups, while Liberals are the most educated. Liberals have a slightly higher percentage of college graduates than Enterprisers; 49 % of versus 46 % of Enterprisers. Bystanders, those who chose not to participate in the political process, have the least percentage of college graduates (11 %) and are tied with Disadvantaged Democrats as the most financially distressed.http://en.wikipedia.org/wiki/Political_ideologies_in_the_United_States - _note-Pew_Research_Institute._.28May_10.2C_2005.29._Beyond_Red_vs._Blue_Republicans_Divided_About_Role_of_Government_-_Democrats_by_Social_and_Personal_Values. Generally, education and affluence increase the chances of an individual to be politically active. The professional class, which is relatively evenly divided among Democrats and Republicans, is among the most politically active, while those in the lower class - the working poor and underclass - commonly abstain from taking part in the political process. The working class has become less politically active, partially due to a decline in the prevalence of labor unions. As a result, the American electorate is considerably more affluent and educated than the general population. In the 2006 mid-term elections, for example, those with graduate degrees, who constitute 9 % of the general population age 25 or older, comprised 16 % of the electorate. All sizable socio-economic groups were relatively split between the two major parties in the 2000, 2004 and 2006 elections. Interestingly education, up to the undergraduate level, increased both a person's chances of being liberal and of him or her voting Republican. The contradiction is explained through moderate voters who tend to become more conservative as they become more economically prosperous.http://en.wikipedia.org/wiki/Political_ideologies_in_the_United_States - _note-Pew_Research_Institute._.28May_10.2C_2005.29._Beyond_Red_vs._Blue_Republicans_Divided_About_Role_of_Government_-_Democrats_by_Social_and_Personal_Values. At the post-graduate level, liberals outnumber conservatives and a majority commonly votes Democratic.

Ideological groups are distinguished by certain societal attributes, such as religion, marital status, education, and gun ownership, yet are relatively similar in terms of race and ethnicity. Generally liberals were more likely to be secular, single and in possession of a college degree, while less likely to own a gun. Conservatives, most of whom adhere to social as well as fiscal conservatism, tended to be far more religious and more likely to be married and own firearms. The majority of Social Conservatives and Pro-Government Conservatives attended church services once a week. Weekly churchgoers were also in the plurality among the general population and all ideological demographics, except liberals. Of liberals, a plurality, 43 % attended church services «seldom or never,» compared to 25 % of respondents overall. Conservatives were also more likely to be married than Liberals or the Democratic voter base in general. The vast majority, 77 % of Enterprisers were married compared to 44 % of Liberals. Disadvantaged and Conservative Democrats had the highest union membership rates, 23 % and 18 %, compared to an overall 14 %, respectively, as well as the highest percentage of minorities (Disadvantaged Democrats 55 % Black, Hispanic, and Other; Conservative Democrats 46 % Black, Hispanic, and Other). In terms of gun ownership, the majority of Enterprisers and Social Conservatives had a gun at home, compared to just 23 % of Liberals. Liberals were the most educated group with 49 % being college graduates compared to an average of 26.5 % among all the conservative groups (including the Democratic voting Conservative Democrats). Disadvantaged Democrats were the least educated with only 13 % having a college degree.

In terms of race, conservatives and liberals were fairly similar with more than 80 % identifying as white and having been born in the United States. However, Republican voting conservatives like Enterprisers, Social Conservatives, and Pro-Government Conservatives had a higher white percentage than liberals, especially Enterprisers and Social Conservatives who were both 91 % white compared to 83 % of Liberals. Liberals were also the most likely of every group to be born outside of the United States with 20 % of liberal respondents saying that they or their parents were born outside of the United States, while only around 12 % of all conservative types answered «yes» to the same question.

Conclusion

We hope that we have achieved our object to do comparative analysis of the historical and modern political forms, structures and forces, to give the whole complex of the features of the political system of USA. We've accomplished the next tasks:

v to show the history of the political system of USA;

v to investigate the first official records of this country (The Constitution, Bill of Rights) to understand how the political system was founded and developed;

v to introduce the modern political system of USA.

APLLIANCES

THE CONSTITUTION OF THE UNITED STATES

The following text of the United States Constitution, reflecting the original spelling and usage, is printed in large type in black. Brackets [] indicate parts that have been changed or set aside by amendments. Additional paragraphs printed in blue type are not part of the Constitution. They explain the meaning of certain passages, or they describe how certain passages have worked in practice.

Preamble:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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

THE LEGISLATIVE BRANCH

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.

The first three articles of the Constitution divide the powers of the United States government among three separate branches: (1) the legislative branch, represented by Congress; (2) the executive branch, represented by the President; and (3) the judicial branch, represented by the Supreme Court. This constitutional division, called the separation of powers, is designed to prevent any branch of the government from becoming too powerful. In addition, the Constitution creates checks and balances by providing the means by which each branch is required to work with the other branches in order to carry out its functions. For example, the President nominates federal judges but the Senate must confirm them.
The two-house - bicameral - Congress was one of the most important compromises of the Constitutional Convention. The small states at the Convention supported the New Jersey Plan, under which each state would have had the same number of Representatives. The large states wanted the Virginia Plan, which provided representation based on population. As a compromise, one house was chosen according to each plan.

ARTICLE I

Section 2

THE HOUSE OF REPRESENTATIVES

(1) 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.

Members of the House of Representatives are elected to two-year terms. If a person is eligible to vote for the «most numerous branch» of his or her state legislature, he or she also is eligible to vote for members of Congress. (All states except Nebraska have a two-house state legislature.) The question of who can vote for state legislators is up to the state, subject to the restrictions of the Constitution and federal law, such as the Voting Rights Act of 1965. The 15th, 19th, 24th, and 26th Amendments forbid the states to deny or restrict a citizen's right to vote because of race, sex, or failure to pay a tax; or age if the person is at least 18 years old.

(2) 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.

Each state decides for itself the requirements for legal residence, subject to Constitutional limits. Most Representatives live not only in the state but also in the district from which they are chosen.

(3) 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 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.

The effect of this paragraph has been greatly altered both by amendments and by new conditions. It now provides only three things: (1) the number of Representatives given each state shall be based on its population; (2) Congress must see that the people of the United States are counted every 10 years; and (3) each state gets at least one Representative.

The words «and direct taxes» mean poll taxes. The 16th Amendment gives Congress the right to tax persons according to the size of their own income, rather than according to the population of the state in which they happen to live.

In the reference to «three-fifths of all others persons,» the «other persons» meant slaves. Since there are no longer any slaves, this part of the paragraph no longer has any meaning.

The requirement that there shall be no more than one Representative for every 30,000 persons no longer has any practical force. In 1929, Congress fixed the total number of Representatives at 435 and it has remained there ever since.

(4) When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

If a vacancy occurs in a House seat, the state governor must call a special election to fill it. However, if the next regularly scheduled election is to be held soon, the governor may allow the seat to remain empty rather than call a special election.

(5) The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

The House chooses an officer called the speaker to lead meetings. The House alone has the power to bring impeachment charges against a federal official. It has impeached 16 federal officers, including two presidents, Andrew Johnson in 1868 and William Jefferson Clinton in 1998. The Senate tries impeachment cases.

ARTICLE 1

Section 3

THE SENATE

(1) 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.

The Constitution at first provided that each state legislature should pick the state's two Senators. The 17th Amendment changes this by providing for the voters of each state to choose their own Senators.

(2) 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 of 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.]

Senators are elected to six-year terms. Every two years, one-third of the Senators are elected and two-thirds are holdovers. This arrangement makes the Senate a continuing body, unlike the other House, whose entire membership is elected every two years. The 17th Amendment changed the method of filling vacancies. The governor chooses a Senator until the people elect one.

(3) 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.

In 1806, Henry Clay of Kentucky was appointed to fill an unexpired term in the Senate. He was only 29, a few months younger than the minimum age, but no one challenged the appointment. In 1793, Albert Gallatin was elected to the Senate from Pennsylvania. He was barred from taking office because he had not been a citizen for nine years.

(4) The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Vice President serves as president of the Senate. He votes only when a tie vote occurs. The Vice President's power to break ties can be important. In 1789, for example, Vice President John Adams cast the vote that decided the President could remove Cabinet members without Senate approval.

(5) The Senate shall chuse 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.

The Senate elects an officer called the president pro tempore to lead meetings when the Vice President is absent.

(6) 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.

The provision that the Chief Justice, rather than the Vice President, shall preside over the Senate when a President is on trial probably grows out of the fact that a Senate conviction of a President would make the Vice President the President. The phrase «on oath or affirmation» means that Senators are placed under oath when trying impeachment cases, just as jurors are in a regular court trial.

(7) 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.

If an impeached person is found guilty, she or he can be removed from office and forbidden to hold federal office again. The Senate cannot impose any other punishment, but the person may also be tried in regular courts. The Senate has convicted seven persons, all of them judges. All these men were removed from office, but only two of them were disqualified from holding any federal office.

ARTICLE I

Section 4

ORGANIZATION OF CONGRESS

(1) 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 chusing Senators.]

As long as state legislatures chose the Senators, it would not do to let Congress fix the place of choosing. This would have amounted to giving Congress the power to tell each state where to locate its capital. The words «except as to the places of choosing Senators» were set aside by the 17th Amendment.

(2) 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.

In Europe, monarchs could keep parliaments from meeting, sometimes for many years, simply by not calling them together. This is the reason for the requirement that the Congress of the United States must meet at least once a year. The 20th Amendment changed the date of the opening day of the session to January 3, unless Congress sets another date by law.

ARTICLE I

Section 5

(1) 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 determines if its members are constitutionally qualified and have been properly elected. In judging the qualifications of its members, each house may consider only the age, citizenship, and residence requirements set forth in the Constitution. In acting on motions to expel a member, however, either house of Congress may consider other matters bearing on that member's fitness for office. Discussion and debate can go on whether a quorum is present or not, as long as a quorum is present for the final vote.

(2) Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour; and, with the Concurrence of two thirds, expel a Member.

Each house makes its own rules. For example, the House of Representatives puts strict time limits on debate to speed up business. It is much more difficult to end debate in the Senate. By Senate rules, a Senator may speak as long as he or she wishes unless the Senate votes for cloture, a motion to end debate. On most matters, cloture requires a vote of 60 Senators, or three-fifths of the total Senate membership. Either house can expel one of its members by a two-thirds vote.

(3) 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.

The House Journal and the Senate Journal are published at the end of each session of Congress. They list all the bills and resolutions considered during the session, as well as every vote. All messages from the President to Congress also are included. Of more importance, the Congressional Record is published daily and includes verbatim transcripts of the debates.

(4) 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.

ARTICLE I

Section 6

(1) 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.

The privilege of immunity (freedom from arrest) while going to and from congressional business has little importance today. Members of Congress, like anyone else, may be arrested for breaking the law. They may be tried, convicted, and sent to prison. Congressional immunity from charges of libel and slander remains important. Libel is an untrue written statement that damages a person's reputation. Slander is a spoken statement that does so. Immunity under the speech and debate clause means that members of Congress may say whatever they wish in connection with congressional business without fear of being sued. This immunity extends to anything said by members during debate, in an official report, or while voting.

(2) 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 encreased 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.

These provisions keep members of Congress from creating jobs to which they can later be appointed, or while serving in Congress from raising salaries of jobs they hope to hold in the future, and from holding office in the other branches of the government. In 1909, Senator Philander C. Knox resigned from the Senate to become Secretary of State. But the salary of the Secretary of State had been increased during Knox's term as Senator. In order that Knox might accept the post, Congress withdrew the salary increase for the period of Knox's unfinished term.

ARTICLE I

Section 7

(1) 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.

Tax bills must originate in the House. The tradition that tax laws should originate in the lower house of the legislature comes from England. There, the lower house - the House of Commons - is more likely to reflect the people's wishes because the people elect its members. They do not elect the upper house, the House of Lords. In the United States, since the adoption of the 17th Amendment, this rule has little importance because the people elect both the Senate and the House. In addition, the Senate can amend a tax bill to such an extent that, in effect, it rewrites the whole measure.

(2) Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President 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, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

A bill passed by Congress goes to the President for the President's signature. If the President disapproves the bill, he has 10 days not counting Sundays to return it to the chamber which originated it with a statement of the objections. This action is called a veto. Congress can pass a law over the President's veto by a two-thirds vote of each house of those members present. The President can also let a bill become a law without signing it merely by letting 10 days pass. But a bill sent to the President during the last 10 days of a session of Congress cannot become a law unless it is signed. If a bill the President dislikes reaches the President near the end of the session, the bill may simply be held unsigned. When Congress adjourns, the bill is killed. This practice is known as a pocket veto.

(3) Every Order, Resolution, or Vote to which the Concurrence of the Senate 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.

ARTICLE I

Section 8

POWERS GRANTED TO CONGRESS

The Congress shall have Power

(1) To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Duties are taxes on goods coming into the United States. Excises are taxes on sales, use, or production, and sometimes on business procedures or privileges. For example, corporation taxes, cigarette taxes, and amusement taxes are excises. Imposts is a general tax term that includes both duties and excises.

(2) To borrow Money on the credit of the United States;

(3) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

This section, called the commerce clause, gives Congress some of its most important powers. The Supreme Court has interpreted commerce to mean not only trade but also all kinds of commercial activity. The Supreme Court has ruled that «commerce among the several states» - interstate commerce - includes not only transactions across state boundaries but also any activity that affects commerce in more than one state. The power to regulate this commerce is the power to encourage, promote, protect, prohibit, or restrain it. As a result, Congress can pass laws and provide funds to improve waterways, to enforce air safety measures, and to forbid interstate shipment of certain goods. It can regulate the movement of people, of trains, of stocks and bonds, and television signals, as well as the internet. Congress has made it a federal crime to flee across state lines from state or local police to use interstate commerce for a wide variety of crimes. It also has forbidden people who operate interstate facilities or who serve interstate passengers to treat customers unfairly because of race, gender, national origins, old age, or physical disability.