The U.S. Constitution, written in 1787 and ratified in 1788, outlines the structure of America’s federal government. It also guarantees the states and people certain rights. The text of the Constitution is contained within seven Articles and twenty­seven Amendments. For more background information on the Constitution, click here.

I. The Constitution (1789)

• A) Articles 1­-3: Branches, Checks, and Balances

The first three articles of the Constitution establish three branches of government with specific powers: Executive (headed by the President), Legislative (Congress) and Judicial (Supreme Court). Power is separated and shared. Each branch can check other branches’ actions or balance the actions of other branches with their own actions. There are two forms of powers: express and implied. Express powers are granted in the Constitution. Implied powers are derived from those express powers or the branch’s role.

The table below outlines several powers of the federal government, who exercise them, and who exercises them.

	Legislative (Article 1)	Executive (Article 2)	Judicial (Article 3)
Create Laws	✅	The president may sign or veto a law (subject to a 2/3rds vote in congress).	The courts may find laws unconstitutional.
Execute Laws	Congress oversees the executive bureaucracy.	✅	The courts may find executive actions unauthorized.
Interpret Laws	The senate confirms judicial appointments.	The president nominates federal judges.	✅
Nominate Officials	The senate reviews many appointments.	✅
Impeach Officials	✅
Create Treaties	The senate must ratify treaties.	✅
Budget	✅	The president must sign a budget, like other laws.

• B) Articles 4,6, and 7: Relationships Between the State and Federal Government

Article IV	Full Faith and Credit: each state must recognize certain privileges of other states’ citizens (like drivers licenses) Extradition Formation of new states
Article VI	The “supremacy” clause: the Constitution and federal laws take priority over state laws
Article VII	How the states ratify the Constitution

II. How to Change the Constitution

Under Article V, there are two ways to propose amendments to the Constitution and two ways to ratify them.

1. To propose an amendment
• a. Two­-thirds of both houses of Congress vote to propose an amendment, or
• b. Two­-thirds of the state legislatures ask Congress to call a national convention to propose amendments.
2. To ratify (vote for and adopt) an amendment
   • a. Three­-fourths of the state legislatures approve it, or
   • b. Ratifying conventions in three­fourths of the states approve it.
   • Other Information
     • Only the first method of proposing an amendment has been used.
     • The second method of ratification has been used only once, to ratify the Twenty-first Amendment (repealing Prohibition).
     • Congress may limit the time within which a proposed amendment must be ratified. The usual limitation has been seven years.
     • Thousands of proposals have been made, but only thirty­three have obtained the necessary two­thirds vote in Congress.
     • Twenty seven amendments have been ratified.

III) Important Changes to the Constitution

Amendments 1­-10 are known collectively as the Bill of Rights. They were ratified on December 15, 1791, as additional rights protections

Protections
Amendment 1	Freedom of religion, speech, press, and assembly; the right to petition the government.
Amendment 2	Right to bear arms
Amendment 3	Troops may not be quartered in homes in peacetime
PROTECTIONS AGAINST ARBITRARY POLICE AND COURT ACTION
Amendment 4	No unreasonable searches or seizures.
Amendment 5	Procedures for criminal prosecutions: Grand Jury indictment required for felony charges in federal court Double jeopardy clause prevents a person from being tried twice for the same crime A defendant cannot be forced to testify. “Plead the fifth”
Amendment 6	Right to speedy, public, impartial trial by jury with defense counsel and right to cross­-examine witnesses.
Amendment 7	Civil jury trials in federal cases
Amendment 8	No excessive bail or fines, no cruel and unusual punishment
PROTECTIONS OF STATES' RIGHTS AND UNNAMED RIGHTS OF PEOPLE
Amendment 9	Unlisted rights are not necessarily denied
Amendment 10	Powers not delegated to the United States or denied to the states are reserved to the states

See additional amendments information at The Amendments to the Constitution (from Project Vote Smart).

Constitutional Vocabulary

Bill of Attainder

- A legislative act that declares the guilt of an individual and doles out punishment without a judicial trial. The state legislatures and Congress are forbidden by Article 1, sections 9 and 10 of the Constitution to pass such acts. This is an important ingredient of the separation of powers.

Executive Privilege

- The claimed right of executive officials to refuse to appear before, or to withhold information from, the legislature or courts on the grounds that the information is confidential and would damage the national interest. For example, President Nixon refused, unsuccessfully, to surrender his subpoenaed White House tapes by claiming executive privilege.

Executive Order

This critical instrument of active presidential power is nowhere defined in the Constitution but generally is construed as a presidential directive that becomes law without prior congressional approval. The power for the executive order is implied in Article II of the Constitution when it allots "executive power" to the president:

"The executive power shall be vested in a president of the United States of America." - Article II, section 1

"[The President] shall take care that the laws be faithfully executed..." - Article II, section 3

Double Jeopardy

- The guarantee in the Fifth Amendment to the Constitution that one may not be tried twice for the same crime. For example, an individual declared not guilty of murdering a neighbor cannot be tried again for that murder. The person is not, however, exempt from being tried for the murder of another individual.

Habeus Corpus

- A court order directing a police officer, sheriff, or warden who has a person in custody to bring the prisoner before a judge and show sufficient cause for his or her detention. Designed to prevent illegal arrests and unlawful imprisonment. A Latin term meaning "you shall have the body".

Impeachment

- A formal accusation against a public official by the lower house of a legislative body. Impeachment is merely an accusation and not a conviction. Two presidents have been impeached, Andrew Johnson in 1868 and Bill Clinton in 1998. Neither was convicted. In the case of Johnson, the Senate failed by one vote to obtain the necessary two-thirds vote required for conviction. In the case of Clinton, fifty senators voted for conviction, again missing the two-thirds requirement.

Ex Post Facto Law

- A law that makes criminal an act that was legal when it was committed, or that increases the penalty for a crime after it has been committed, or that changes the rules of evidence to make conviction easier; a retroactive criminal law. A Latin term meaning "after the fact." The state legislatures and Congress are forbidden to pass such laws by Article I, section 9 and 10 of the Constitution.

Other Sources of Information:

The Constitution of the United States Site contains the actual text of the Constitution as well as links to information on the Founding Fathers, the 39 Delegates who signed the Constitution, an in-depth look at the Constitutional Convention and the ratification process, and questions and answers pertaining to the Constitution. Online from the National Archives and Records Administration (NARA).

About the Constitution History and background on the Constitution, as well as the Articles of Confederation. Online from the Library of Congress.

The Ten Original Amendments: The Bill of Rights. Passed by Congress September 25, 1789. Ratified December 15, 1791.

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.

Amendment III

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Amendment XI

Passed by Congress March 4, 1794. Ratified February 7, 1795. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state.

Amendment XII

Passed by Congress December 9, 1803. Ratified July 27, 1804. The Electors shall meet in their respective States and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the Government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; - The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, [before the fourth day of March next following,] then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such numbers be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Amendment XIII

Passed by Congress January 31, 1865. Ratified December 6, 1865.

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation.

Amendment XIV

Passed by Congress June 13, 1866. Ratified July 9, 1868

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor to deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of Electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or Elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Amendment XV

Passed by Congress February 26, 1869. Ratified February 3, 1870.

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2. The Congress shall have the power to enforce this article by appropriate legislation.

Amendment XVI

Passed by Congress July 2, 1909. Ratified February 3, 1913.

The Congress shall have power to lay and collect taxes on incomes, from whatever sources derived, without apportionment among the several States, and without regard to any census or enumeration.

Amendment XVII

Passed by Congress May 13, 1912. Ratified April 8, 1913.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislatures. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the Legislature of any State may empower the Executive thereof to make temporary appointments until the people fill the vacancies by election as the Legislature may direct. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Amendment XVIII

Passed by Congress December 18, 1917. Ratified January 16, 1919.<Altered by Amendment 21>

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the Legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Amendment XIX

Passed by Congress June 4, 1919. Ratified August 18, 1920.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

Amendment XX

Section 1. The terms of the President and the Vice-President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3rd day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3rd day of January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice-President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice-President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice-President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice-President shall have qualified.

Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice-President whenever the right of choice shall have devolved upon them.

Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article (October 1933).

Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the Legislatures of three-fourths of the several States within seven years from the date of its submission.

Amendment XXI

Passed by Congress February 20, 1933. Ratified December 5, 1933.

Section 1. The Eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2. The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Amendment XXII

Passed by Congress March 21, 1947. Ratified February 27, 1951.

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected. President shall be elected to the office of President more than once.

But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2 This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the Legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

Amendment XXIII

Passed by Congress June 16, 1960. Ratified March 29, 1961.

Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

Amendment XXIV

Passed by Congress August 27, 1962. Ratified January 23, 1964.

Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or any other tax.

Section 2. Congress shall have power to enforce this article by appropriate legislation.

Amendment XXV

Passed by Congress July 6, 1965. Ratified February 10, 1967.

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take the office upon confirmation by a majority vote of both houses of Congress.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President Pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmits within four days to the President Pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Amendment XXVI

Passed by Congress March 23, 1971. Ratified June 30, 1971.

Section 1. The right of citizens of the United States, who are 18 years of age or older, to vote shall not be denied or abridged by the United States or any state on account of age.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

Amendment XXVII

Ratified May 7, 1992

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.

Eligibility

• Must be a natural-born citizen of the United States (can be born abroad of parents who are American citizens).
• Must be at least 35 years of age.
• Must be a resident of the United States for at least 14 years

The Powers of the President

According to Article II of the Constitution the President has the following powers:

• Serve as commander in chief of the armed forces
• Commission officers of the armed forces
• Grant reprieves and pardons for federal offenses (except impeachment)
• Convene Congress in special sessions
• Receive ambassadors
• Take care that the laws be faithfully executed
• Wield the "executive power"
• Appoint Cabinet officials, White House staff and Supreme Court justices

Powers of the President That Are Shared with the Senate

• Make treaties
• Appoint ambassadors, Cabinet members and Supreme Court justices

Powers of the President That are Shared with Congress as a Whole

• Approve legislation

Other sources of information:

• The Executive Branch
• Presidents of the United States (POTUS) Online from the White House history website, this site provides background and biographical information on all of our presidents.
• Inaugural Addresses of the Presidents of the U.S. From George Washington to Donald Trump. Online from Bartleby.com.
• The American Presidency Project contains a "set of articles on the Presidents, the Presidency and American politics."

How Does the Presidential Primary Process Work?

The Convention

Prior to a general election, there is a selection process to determine which candidate will appear on the ballot for a given political party in the nationwide general election. Political parties generally hold national conventions at which a group of delegates collectively decide upon which candidate they will run for the presidency. The process of choosing delegates to the national convention is undertaken at the state level, which means that there are significant differences from state to state and sometimes year to year. The two methods for choosing delegates to the national convention are the caucus and the primary.

The Caucus

Caucuses were the original method for selecting candidates but have decreased in number since the primary was introduced in the early 1900's. In states that hold caucuses a political party announces the date, time, and location of the meeting. Generally any voter registered with the party may attend. At the caucus, delegates are chosen to represent the state's interests at the national party convention. Prospective delegates are identified as favorable to a specific candidate or uncommitted. After discussion and debate an informal vote is taken to determine which delegates should be chosen.

The Primary

In the early twentieth century there was a movement to give more power to citizens in the selection of candidates for the party's nomination. The primary election developed from this reform movement. In a primary election, registered voters may participate in choosing the candidate for the party's nomination by voting through secret ballot, as in a general election.

There are two main types of primaries, closed or open, that determine who is eligible to vote in the primary. In a closed primary a registered voter may vote only in the election for the party with which that voter is affiliated. For example a voter registered as Democratic can vote only in the Democratic primary and a Republican can vote only in the Republican primary. In an open primary, on the other hand, a registered voter can vote in either primary regardless of party membership. The voter cannot, however, participate in more than one primary. A third less common type of primary, the blanket primary, allows registered voters to participate in all primaries.

In addition to differences in which voters are eligible to vote in the primary, there are differences in whether the ballot lists candidate or delegate names. The presidential preference primary is a direct vote for a specific candidate. The voter chooses the candidate by name. The second method is more indirect, giving the voter a choice among delegate names rather than candidate names. As in the caucus, delegates voice support for a particular candidate or remain uncommitted.

In some states a combination of the primary and caucus systems are used. The primary serves as a measure of public opinion but is not necessarily binding in choosing delegates. Sometimes the Party does not recognize open primaries because members of other parties are permitted to vote.

Awarding the Delegates

The Democratic Party always uses a proportional method for awarding delegates. The percentage of delegates each candidate is awarded (or the number of undecided delegates) is representative of the mood of the caucus-goers or the number of primary votes for the candidate. For example imagine a state with ten delegates and three candidates. If 60% of the people supported candidate X, 20% supported candidate Y, and 20% supported candidate Z, candidate X would receive six delegates and candidates Y and Z would each receive two delegates.

The Republican Party, unlike the Democratic Party, allows each state to decide whether to use the winner-take-all method or the proportional method. In the winner-take-all method the candidate whom the majority of caucus participants or voters support receives all the delegates for the state. It is essential to remember that this is a general guide and that the primary system differs significantly from state to state. The best way to find information about your state is to contact your state Board of Elections.

• Ben's Guide to U.S. Government for Kids
• EnchantedLearning.com
• Infoplease.com
• About.com US Gov Info

Sources:
The League of Women Voters, Choosing the President, The Lyons Press: New York, 1999. Michael Nelson, Ed., CQ's Encyclopedia of American Government: The Presidency A to Z, Congressional Quarterly: Washington, D.C., 1994.

Kinds of Elections:

1. General Elections - an election to fill public offices.
2. Primary Elections - an election prior to the general election in which voters select the candidates who will run on each party's ticket. Primaries are also used to choose convention delegates and party leaders, and may be open or closed.
• a. Open Primary - an election that permits voters to choose on Election Day the party primary in which they wish to vote. They may vote for candidates of only one party. (A blanket or "free love" primary is a type of open primary. In the voting booth you mark a ballot that lists the candidates for nomination of all the parties, and thus you can help select the Democratic candidate for one office and the Republican candidate for another.)
• b. Closed Primary - the selection of a party's candidates in an election limited to registered party members. Prevents members of other parties from "crossing over" to influence the nomination of an opposing party's candidate.
• c. Runoff Primary - if no candidate gets a majority of the votes, a runoff is held to decide who should win.
• d. Presidential Primary - a primary used to pick delegates to the presidential nominating conventions of the major parties.

Election Vocabulary

Electoral College - A group of persons called "electors," selected by the voters in each state, that officially elects the president and vice president. The number of electors in each states is equal to its number of representatives in both houses of Congress.

Initiative - An electoral procedure whereby citizens can propose legislation or constitutional amendments and refer the decision to a popular vote by obtaining the required number of signatures on a petition.

Machine - A hierarchically organized, centrally led state or local party organization that rewards members with material benefits (patronage).

Office-Block Ballot - A ballot listing all candidates for a given office under the name of that office; also called a "Massachusetts" ballot.

Party-Column Ballot - A ballot listing all candidates of a given party together under the name of that party; also called an "Indiana" ballot.

Split-Ticket Voting - Voting for candidates of different parties for various offices in the same election. For example, voting for a Republican for senator and a Democrat for president.

Straight-Ticket Voting - Voting candidates who are all of the same party. For example, voting for Republican candidates for senator, representative, and president.

Other Sources of Information:

Library of Congress Teaching materials for educating students on the electoral process.

United States Election Assistance Commission Resources for voters

Voting and Elections USA.gov’s page on election processes

Overview

There are three main ways in which private entities can influence the political system through the means of spending money.

Campaign contributions - donations directly to a candidate’s campaign fund.

Outside spending/Independent expenditures - money spent to influence elections that has no technical affiliation with candidates. Groups in this category range from conventional party committees to the more controversial super PACs and 501(c) "dark money" organizations. Outside spending groups can legally sums of money to influence the outcome of elections.

Lobbying­ - the act of an individual or group attempting to influence politicians. The term “lobbyist” is most frequently associated with legal firms whose goal is to influence politicians on behalf of their clients, who are often times private corporations and unions. Although corporations and unions are banned from directly donating to political campaigns, their workers and CEOs can give money to a lobbyist, who then donates to a campaign. Lobbyists are also notorious for offering politicians high­paying careers with their firm once politicians leave office.

Campaign Contributions

Prohibited Contributions

While most individuals are free to make political contributions, three categories of individuals are prohibited by law from making contributions: foreign nationals, federal government contractors and, in some instances, minors. These and other prohibitions on contributions are explained below.

Foreign Nationals

Foreign nationals may not make contributions in connection with any election­­ Federal, State or local. This prohibition does not apply to foreign citizens who are lawfully residing in the United States (those who have "green cards").

Federal Government Contractors

Federal government contractors may not make contributions to influence federal elections. For example, if you are a consultant under contract to a federal agency, you may not contribute to federal candidates or political committees. Or, if you are the sole proprietor of a business with a federal government contract, you may not make contributions from personal or business funds. But, if you are merely employed by a company (or partnership) with federal government contracts, you are permitted to make contributions from your personal funds.

Corporations and Unions

The law also prohibits contributions from corporations and labor unions. This prohibition applies to any incorporated organization, profit or nonprofit. For example, the owner of an incorporated "mom and pop" grocery store is not permitted to use a business account to make contributions. Instead, the owner would have to use a personal account. A corporate employee may make contributions through a non­repayable corporate drawing account, which allows the individual to draw personal funds against salary, profits or other compensation.

Contributions in the Name of Another

Contributions made in the name of another are prohibited. For example, an individual who has already contributed up to the limit for a candidate's election may not give money to another person to make a contribution to the same candidate. Similarly, a corporation is prohibited from using bonuses or other methods of reimbursing employees for their contributions.

Limits on Campaign Contributions

Outside Spending/Independent Expenditures

Outside spending refers to money spent to influence elections that has no technical affiliation with candidates. Groups in this category range from conventional party committees to the more controversial super PACs and 501(c) "dark money" organizations. Outside spending groups can legally raise and spend unlimited sums of money to influence the outcome of elections.

The outside spending landscape is in constant flux. In 2002, Congress passed the Bipartisan Campaign Reform Act ­­ commonly referred to as McCain­Feingold ­­ which set limits on "soft money" contributions and banned special interest groups from making issue ads. But in the years that followed, federal court decisions, including Citizens United v. FEC and Speechnow.org v. FEC have dismantled or eroded parts of the law, giving rise to super PACs and "dark money" organizations ­­ politically active nonprofits that do not have to disclose their donors. These organizations alone spent hundreds of millions of dollars in recent elections and almost never revealed where their money was coming from.

Notable Supreme Court Cases

Citizens United v. FEC

Resulted in unions, corporations, and associations being able to spend unlimited sums of money directly from their treasuries on “electioneering communications”. Electioneering communications are defined by the FEC as “ broadcast ads (television, radio, cable, satellite), made by people or groups who do not file regular reports with the FEC, that refer to a federal candidate, are targeted to voters and appear within 30 days of a primary or 60 days of a general election.”

SpeechNow v. FEC

Resulted in 527 groups ,which are defined as “a party, committee or association that is organized and operated primarily for the purpose of influencing the selection, nomination or appointment of any individual to any federal, state or local public office, or office in a political organization,” being able to raise unlimited sums of money.

Together, SpeechNow v. FEC and Citizens United v. FEC allowed for the creation of organizations commonly known as super PACS. Technically known as independent expenditure­only committees, super PACs may raise unlimited sums of money from corporations, unions, associations and individuals, then spend unlimited sums to overtly advocate for or against political candidates.

Lobbying

There are several ways in which lobbying relates to campaign finance, the most notable of them being “bundled contributions” and “the revolving door.”

Bundled Contributions

Although it is illegal for corporations and unions to donate directly to political campaigns, it is completely legal for them to hire legal professionals known as lobbyists to represent their interests to politicians holding or running for public office. Lobbyists may also receive contributions from several of their clients, bundle them together, and then donate to a political campaign ­ this process is known as “bundling contributions.”

The Revolving Door

Receiving campaign donations is not the only way that politicians benefit from working with lobbyists. They also have the potential to walk through what is known as the “revolving door.” It is extremely common for politicians and federal workers to find careers with lobbying firms once they leave government positions, and visa versa. The firms who hire politicians are often the same firms who lobbied them while in office, and almost exclusively offer much higher salaries than the government does.

Sources:

What is the federal budget?

The federal budget is a compilation of numbers about the revenues, spending, and borrowing and debt of the government. Revenues come largely from taxes, but stem from other sources as well (such as duties, fines, licenses, and gifts). The fiscal year for each budget starts at the beginning of October and goes until the end of September the following year.

Key Facts:

* In general. the Government spends most of your money on a few major programs:

• Social Security
• Defense
• Medicare
• Medicaid
• Interest on National Debt

* The Government collects most of its revenues from a few main sources:

• Income Taxes
• Social Security Receipts

* Because all of the revenues do not cover the costs of all spending, the Government borrows money to finance this deficit. The total it has borrowed over the years, but not repaid, is the national debt.

Types of Spending:

Discretionary - 35% of all Federal Spending

This is the money the President and Congress must decide to spend each year. It includes money for such programs as the FBI, the Coast Guard, housing, education, space exploration, highway construction, defense, and foreign aid.

Mandatory - 65% of all Federal Spending

This is the money that the Federal Government appends automatically - unless the President and Congress change the laws that govern it. It includes entitlements - such as Social Security, Medicare, and Food Stamps - through which individuals receive benefits because they meet some criteria of eligibility (e.g. age, income). It also includes interest on the national debt, which the Government pays to individuals and institutions that buy saving bonds and other US securities. Despite its name, however, mandatory spending is not fixed in stone. The President and Congress can change the laws that govern entitlements or taxes, but they must take explicit action to do so.

The Budget Process:

The President's Budget is sent to Congress in early February. This proposal is his/her plan for the next fiscal year, beginning October 1. This plan, however, only becomes official after Congress passes, and the President signs spending bills and legislation creating new taxes and entitlements.

After receiving the President's budget, Congress examines it in detail. Scores of committees and subcommittees hold hearings on proposals under their jurisdiction. The House and Senate Armed Services Committees, for instance, would hold hearings on the President's defense plan. If the President's plan contains proposals that affect Federal revenues, the House Ways and Means and Senate Finance committees would hold hearings. The President, the Budget Director, the Cabinet, and others work with Congress as it accepts some proposals, rejects others, and changes still others.

Each year Congress must pass and the President must sign, 13 appropriation bills that include all of the discretionary spending. The President and Congress do not have to enact new laws governing entitlements or taxes. If they do not, the Government will pay the benefits for Social Security and other programs and collect the taxes required by laws in place.

Budget Calendar

1st Monday in February	President submits budget request, compiled by the Office of Budget and Management, to Congress.
February 15	CBO submits report on economic and budget outlook to budget committees. Congressional committees hold hearings on the President’s budget and the Budget committees report a concurrent resolution on the budget.
April 15th	Action to be completed on congressional budget resolution.
May	House consideration of annual appropriations bills may begin.
June 10th	House Appropriations Committee reports last regular appropriations bill.
June 30th	Action on appropriations to be completed by House.
July 15th	President transmits Mid-Session Review of the budget.
October 1st	Fiscal year begins.

Budget Vocabulary

Appropriation - A legislative grant of money to finance a government program.

Congressional Budget Office - Provides expert technical and computer services to Congress; analyzes the budget proposal of the office of management and budget; determines the economic consequences of legislation.

Entitlements - A law that requires the paying of monetary benefits to some person or persons who meet the eligibility requirements established by the law; a binding obligation of the government (i.e. Social Security).

General Accounting Office (GAO) - Checks to see that government spending is proper and reasonable; headed by the Comptroller General who is appointed by the President, with the Senate's approval, for a 15 year term.

Office of Budget and Management - An advisory body that prepares the national budget and reviews agency requests for congressional appropriations. The OMB prepares the national budget, supervises and controls the administration of the budget, and helps the President propose legislation dealing with the budget. In addition, the OMB assists in the preparation of proposed executive orders and keeps the President informed of all overall activities of the government. The Director of the OMB is appointed by the President with Senate approval.

Reconciliation - A concurrent resolution, passed by both houses of Congress, that reconciles the specific amounts to be spend in the coming fiscal year with the overall budget ceiling.

Current and past budget information

Source: Office of Management and Budget