Governance System Of the

United States Of America

“the united states of America has been a democracy for
more than 200 years. To develop and understand its
governance system following topics are being covered.

 History of united states of America by Qarsam Ijaz

 Federal legislature by Ahmed Nisar
 Federal executive by Ahsan Younas and Ayesha
Zafar
 Federal judiciary by Ahsan Younas
 States government by Ayesha Zafar
 Local governments by Muslim Allah Bakhsh
 Basic Facts and statistics

• location: North America, bordering both the North Atlantic Ocean and the North Pacific Ocean,
between Canada and Mexico

• Capital: Washington, DC

• Ethnic Make-up: White American (72.4%), African American (12.6%), Native American (0.9%),
Asian American (4.8%) (2010 Census)

• Population: 328+ million (2019)

• Population growth rate: 0.75%

• Climate: mostly temperate, but tropical in Hawaii and Florida, arctic in Alaska, semiarid in the great
plains west of the Mississippi River, and arid in the Great Basin of the southwest.

• Government: Constitution-based federal republic

 Basic economy

• The United States has an advanced industrialized economy with the

largest GNP in the world.

• Most business activity takes places within the service industry

including finance, advertising and tourism.

• Manufacturing industries include petroleum, steel, motor vehicles,

aerospace, telecommunications, food processing, lumber and mining.

• The country is the world's leading exporter of food.

 A Glimpse Of History
Of The United States Of
America
Early America

• The date of the start of the history of the United

States is a subject of constant debate among
historians.
• Older books start with the arrival of Christopher
Columbus in 1492 and emphasize the European
background.
• Indigenous people lived in what is now the United
States for thousands of years before European
colonists began to arrive, mostly from England, after
1600.
 Colonial period

• Most people who came to the British colonies in the

1600s were English.
• 13 colonies that later formed united states
• Relations between colonists and natives
• Britain Glorious revolution 1688-1689 and colonist
assemblies
• Disagreement of royal governors and demand for self
government
 Road To Independence

• In the 1760s the British government imposed a series of new

taxes while restricting the colonist way of life

• The Royal Proclamation of 1763

• The Currency Act of 1764

• The Quartering Act of 1765

• The Stamp Act of 1765

 Road to independence

• The Stamp Act united the colonists in an organized resistance.

The main problem was that they weren’t allowed to participate
in the government that taxed them.

• In October 1765, 27 delegates from nine colonies met in New

York. They passed resolutions saying that the individual colonies
should have the right to impose their own taxes. This satisfied
most of the delegates, but a small number of radicals wanted
independence from Britain.
1775 Revolution

The British Parliament punished Massachusetts by closing

Boston’s port and by restricting local authority. Colonists
called these new laws the Intolerable Acts and united to
oppose them. All the colonies except Georgia sent
representatives to Philadelphia in September 1774 to talk
about their “present unhappy state.” It was the First
Continental Congress.
 1775 Revolution

• The American Revolution and the war for independence from

Britain began with a small fight between British troops and
colonists on April 19, 1775.
• Colonial representatives hurried to Philadelphia for the Second
Continental Congress.
• With large-scale military and financial support from France and
military leadership by General George Washington, the
American Patriots rebelled against British rule and succeeded in
the Revolutionary war
 New state

• The Second Continental Congress created a committee to write a document

that outlined the colonies’ complaints against the king and explained their
decision to separate from Britain.

• Thomas Jefferson was the main writer of the Declaration of Independence.

• The Second Continental Congress accepted this document on July 4, 1776.

• In 1778, France recognized the United States as an independent country
and signed a treaty of alliance

• a peace treaty was signed in Paris on April 15, 1783.

 Formation Of National Government

• The colonies had developed the Articles of Confederation drafted on July 12,
1776 a plan to work together as one nation, but the connections among the 13
states were loose

• Alexander Hamilton from New York believed that the 13 states needed to
rethink the Confederation

• In May 1787, 55 delegates met in Philadelphia and propose a constitution

describing a new form of government based on separate legislative,
executive, and judicial authorities.

• The delegates debated four months before reaching a compromise and On

September 17, 1787, most of the delegates signed the new Constitution
 America’s constitution

• It took about a year to ratify the Constitution. The country was

divided into two groups. The Federalists and the anti-federalists

• Bill of rights 1789

• 1st amendment promises freedom of speech, press, and religion,

and the right to protest, meet peacefully, and demand changes.

• The Fourth Amendment protects against unreasonable searches

and arrest. The Fifth Amendment promises due process of law in
criminal cases.
Languages in America

There is no official language in the USA although English

(specifically American English) is the primary language used
for legislation, regulations, executive orders, treaties,
federal court rulings, and all other official pronouncements.
Languages in America

Due to the large number of immigrants that make up the population,

America is very much a multilingual nation. Per the American
Community Survey 2011, by the United States Census Bureau, the top 5
spoken languages in America are:
▪ English – 230 million
▪ Spanish – 37.58 million
▪ Chinese – 2.88 million
▪ French – 2.05 million
▪ Tagalog – 1.59 million
America’s religious landscape

The American religious landscape is

undergoing a dramatic transformation. White
Christians, once the dominant religious group
in the U.S., now account for fewer than half of
all adults living in the country.
Federal Judicial Structure
By: Ahsan Younas
The U.S. has a Dual Court System :

• Federal Courts

• State Courts
The Federal Court System
Article III
Section 1.

• The judicial power of the United States, shall be vested in one

Supreme Court, and in such inferior courts as the Congress may
from time to time ordain and establish. The judges, both of the
supreme and inferior courts, shall hold their offices during good
behavior, and shall, at stated times, receive for their services, a
compensation, which shall not be diminished during their
continuance in office.
Section 2.

• The judicial power shall extend to all cases, in law and equity, arising
under this Constitution, the laws of the United States, and treaties made,
or which shall be made, under their authority;--to all cases affecting
ambassadors, other public ministers and consuls;--to all cases of admiralty
and maritime jurisdiction;--to controversies to which the United States shall
be a party;--to controversies between two or more states;--between a state
and citizens of another state;--between citizens of different states;--
between citizens of the same state claiming lands under grants of different
states, and between a state, or the citizens thereof, and foreign states,
citizens or subjects.
• In all cases affecting ambassadors, other public ministers
and consuls, and those in which a state shall be party, the
Supreme Court shall have original jurisdiction. In all the
other cases before mentioned, the Supreme Court shall
have appellate jurisdiction, both as to law and fact, with
such exceptions, and under such regulations as the
Congress shall make.
• The trial of all crimes, except in cases of impeachment,
shall be by jury; and such trial shall be held in the state
where the said crimes shall have been committed; but
when not committed within any state, the trial shall be at
such place or places as the Congress may by law have
directed.
Section 3.

• Treason against the United States, shall consist only in

levying war against them, or in adhering to their
enemies, giving them aid and comfort. No person shall
be convicted of treason unless on the testimony of two
witnesses to the same overt act, or on confession in
open court.
• The Congress shall have power to declare the
punishment of treason, but no attainder of treason shall
work corruption of blood, or forfeiture except during the
life of the person attainted.
The Adversarial System

▪ Courts settle disputes between

individuals or parties (a private
party v. the government, or a
state v. the United States
government, or an individual v.
another individual, etc.).
▪ Each side presents its position.
The court (or jury) applies the
law and decides in favor of one
or the other.
Rights of the Accused

*Accused people are considered

innocent until proven guilty.

*Defendants may ask for a

review of their case by a higher
court if they think the court has
made a mistake. This review is
called an appeal.
The court’s jurisdiction is set by law
and limited by territory and type of
case.

Jurisdiction – the authority of a court to hear

and decide cases
Jurisdiction of Supreme Court

▪ All such cases involving Ministers, Ambassadors and Counsel can be

taken directly to SC.
▪ All controversies in which states are parties
▪ Hears appeals from Federal Courts, generally in cases involving
Constitutional law interpretation
▪ Hears appeals against decision of superior courts of states
▪ SC can declare any law of Congress or executive unconstitutional if found
against Constitution
▪ Unlike Pakistan SC, it has no advisory jurisdiction for Congress and
President
Jurisdiction of Federal Courts
▪ It extends to all cases involving matters and parties
▪ State Courts also have concurrent jurisdiction
▪ Cases involving interpretation of Constitution, laws of Congress and treaty
obligations
▪ Disputes involving Public Ministers and Councils etc.
▪ Cases including admiralty and maritime jurisdiction
▪ It also extends to controversies between federal and state governments, or in
which two or more states are parties against government
▪ In cases including citizens of one state litigants against citizens of another state
U.S. District Courts
▪ District courts are the federal courts where trials are held and
lawsuits are begun.
▪ All states have at least one.
▪ For all federal cases, district courts have original jurisdiction,
the authority to hear the case for the first time.

• District courts hear both civil and criminal cases.

• They are the only federal courts that involve
witnesses and juries.
Circuit Courts of Appeals

• A party that loses a case in district court may

appeal to a federal circuit court of appeals, or in
some cases, directly to the U.S. Supreme Court.
U.S. Courts of Appeals

Appeals courts review decisions made in lower district

courts. This is appellate jurisdiction — the authority to
hear a case appealed from a lower court.
The US Circuit Court of Appeals
▪ 12 U.S. Courts of Appeals cover a particular
geographic area called a circuit (a thirteenth
appeals court, the Court of Appeals for the
Federal Circuit, has nationwide jurisdiction).
▪ Appeals courts do not hold trials. Instead, a
panel of judges (usually 3) reviews the case
records and listens to arguments from lawyers on
both sides.
▪ The judges may decide in one of three ways:
uphold (AGREE) the original decision, reverse
(disagree) the decision, or remand the case—
send it back to the lower court to be tried again.
The Supreme Court
▪ The main job of the nation's top court is to
decide whether laws are allowable under the
Constitution.
▪ The Supreme Court has original jurisdiction only
in cases involving foreign diplomats or a state.
All other cases come to the Court on appeal.
▪ The Court chooses the cases it hears through
the Writ of Certiorari. 4 justices must decide to
hear a case (Rule of Four)
▪ The Court chooses the cases it hears. In cases
the Court refuses to hear, the decision of the
lower court stands.
▪ The court has final authority on cases involving
the Constitution, acts of Congress, and treaties.
The United States Supreme
Court

When the court decides a case, it can:

• Affirm the decision of the lower court and “let

it stand,” or
• Modify the decision of the lower court, without
totally reversing it, or

continued…
The United States Supreme Court

• Reverse the decision of the lower court,

requiring no further court action, or
• Reverse the decision of the lower court and
remand the case to the court of original
jurisdiction, for either retrial or resentencing.
 The Current Supreme Court

The president appoints Supreme Court justices, with Senate

approval. The president's decision may be influenced by the
Justice Department, American Bar Association, interest
groups, and other Supreme Court justices.

Eight associate justices and one chief justice make up

the supreme court.
Powers of the Court

▪ The Court's main job is to decide whether laws and

government actions are constitutional, or allowed
by the Constitution. It does this through judicial
review—the power to say whether any law or
government action goes against the Constitution.
▪ The legislative and executive branches must follow
Supreme Court rulings. Because the Court is
removed from politics and the influences of
special-interest groups, the parties involved in a
case are likely to get a fair hearing.
Marbury v. Madison
The Constitution does
not give the Supreme
Court the power of
judicial review.
The Court claimed the
power when it
decided the case
Marbury v. Madison.
 Selection of Judges – State Level

▪ Gubernatorial appointment (To select a judge to fill an

interim or midterm vacancy)
▪ Legislative election
▪ Partisan election
▪ Non-Partisan election
▪ Missouri Plan
* Bi-lateral Commission identifies a small pool of candidates
* Gubernatorial appointment
* Periodic unilateral elections
Selection of Judges - Federal Level

▪ Serve for life

▪ President appoints, Senate confirms
▪ Senatorial Courtesy Rule
▪ Supreme Court justice selection criteria:
- Political reward
- Desire to maintain good relations with interest groups
- Ideology (not a big factor)
- Ability never really a factor (can hire top quality clerks)
Removing Federal Judges from Office

▪ Direct
- Die
- Retire
- Impeached

▪ Indirect
- Informal pressure to resign
- Prosecuted/convicted (serious misdemeanor or felony)
Removing State Judges from Office

▪ Direct
- Die
- Retire
- Impeached
- Judicial Misconduct Board
- Elect a new one at the next election/vote no if in a
Missouri Plan state
- Initiative/Recall/Referendum

▪ Indirect
- Informal pressure to resign
- Prosecuted/convicted (serious misdemeanor or felony)
- Bar Association action
 Limits on the Courts' Power
▪ The Court depends on the executive branch and state and local officials to
enforce its decisions. Usually they do.
▪ Congress can get around a Court ruling by passing a new law, changing a
law ruled unconstitutional, or amending the Constitution.
▪ The president's power to appoint justices and Congress's power to approve
appointments and to impeach and remove justices serve to check the
power of the Court.
▪ The Court cannot decide that a law is unconstitutional unless the law has
been challenged in a lower court and the case comes to it on appeal. The
Court accepts only cases that involve a federal question. It usually stays
out of political questions. It never considers guilt or innocence.