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According to the United States Constitution, a presidential election is to be held once every fourth year. The process of electing a President and Vice-President begins long before Election Day. Candidates from both major and minor political parties and independent candidates begin to raise money and campaign at least one year in advance of the general presidential election. In order to officially represent a political party, a candidate must be nominated by that party.

The nominating process officially begins with the first state primaries and caucuses, which usually occur in the month of February of the election year. It is at these local events that voters are given their first chance to participate in electing the nation’s next President.

There are many factors that influence who will ultimately become the candidate for a party. The public’s perception of the candidates is influenced by such things as media reports, public opinion polls, candidate preference surveys, and advertising.

The spring of an election year is characterized by intense campaigning for primaries and caucuses all over the nation. This process reaches its peak at the national conventions of the political parties. Once at the national party conventions, the delegates from the states cast votes for the person who will represent the political party in the November general election. In order to secure a party’s nomination, a candidate must receive a majority of the votes from the delegates. It is not unusual for delegates to vote several times before one candidate secures the majority of the votes and officially becomes that party’s candidate for the election to determine the next President of the United States. The candidate for President then must choose a vice-presidential candidate.

If a President is running for re-election, this nomination process must be completed. Even if the President does not have any opponents from within his own political party, the national convention will still occur. The conventions are extravaganzas, full of pageantry and showmanship. They serve to help jump start the general election campaign for the presidential candidates.

 

The primary election process ends with the national conventions of the political parties. Once the national conventions have been held, and the candidates from the political parties have been nominated and chosen, the presidential election begins in earnest as a contest between the candidates from the political parties.

Some people choose to run for president without being affiliated with a political party. Such independent candidates need not concern themselves with getting nominated by a party, but must meet other requirements. For example, such candidates are required to collect a large number of signatures to support their nominations. The sources of funding used by independent candidates comes from personal funds and loans as well as fundraising campaigns.

The candidates campaign right up until Election Day, when the nation finally votes for its President. The candidates travel throughout the country, making public appearance and giving speeches. The parties and the candidates use media advertising, direct mailings, telephone campaigns, and other means to persuade the voters to choose one candidate over the other(s). Often, these measures also serve to point out the weaknesses of the candidates from the other parties involved in the general election.

In this national presidential election, every citizen of legal age (who has taken the steps necessary in his/her state to meet the voting requirements, such as registering to vote) has an opportunity to vote. However, the President is not chosen by direct popular vote. The Constitution requires that a process known as the Electoral College ultimately decides who will win the general election.

 

The Electoral College is a method of indirect popular election of the President of the United States. The authors of the Constitution put this system in place so that careful and calm deliberation would lead to the selection of the best-qualified candidate. Voters in each state actually cast a vote for a block of electors who are pledged to vote for a particular candidate. These electors, in turn, vote for the presidential candidate. The number of electors for each state equals its Congressional representation.

After Election Day, on the first Monday after the second Wednesday in December, these electors assemble in their state capitals, cast their ballots, and officially select the next President of the United States. Legally, the electors may vote for someone other than the candidate for whom they were pledged to vote. This phenomenon is known as the "unfaithful" or "faithless" elector. Generally, this does not happen. Therefore, the candidate who receives the most votes in a state at the general election will be the candidate for whom the electors later cast their votes. The candidate who wins in a state is awarded all of that state’s Electoral College votes. Maine and Nebraska are exceptions to this winner-take-all rule.

The votes of the electors are then sent to Congress where the President of the Senate opens the certificates, and counts the votes. This takes place on January 6, unless that date falls on a Sunday. In that case, the votes are counted on the next day. An absolute majority is necessary to prevail in the presidential and the vice presidential elections, that is, half the total plus one electoral votes are required. With 538 Electors, a candidate must receive at least 270 votes to be elected to the office of President or Vice President.

Should no presidential candidate receive an absolute majority, the House of Representatives determines who the next president will be. Each state may cast one vote and an absolute majority is needed to win. Similarly, the Senate decides who the next Vice President will be if there is no absolute majority after the Electoral College vote. Elections have been decided by Congress in the past. The House of Representatives elected Thomas Jefferson president in the election of 1800 when the Electoral College vote resulted in a tie. When the Electoral College vote was so split that none of the candidates received an absolute majority in the election of 1824 the House elected John Quincy Adams President. Richard Johnson was elected Vice President by the Senate when he failed to receive an absolute majority of electoral votes in the election of 1836.

The President-elect and Vice President-elect take the oath of office and are inaugurated two weeks later, on January 20th.

When the first Congress met in 1789, there were 59 representatives in the House of Representatives. As the number of states increased and as the population grew, the number of representatives increased significantly. A law passed in 1911 fixed the size of the House of Representatives at 435 members. Members of the House are up for reelection every two years. The number of persons representing each state depends upon its population as reported in the nation's decennial census counts. Each state is divided into congressional districts accordingly. There is a representative for every congressional district and every state has at least one congressional district.

In order to be elected to the House of Representatives one must be at least 25 years old by the time one takes the oath of office, a citizen of the U.S. for at least seven years, and a resident of the state from which one is elected. These qualifications were established in Article I, Section 2 of the Constitution.

Most states have primary elections to decide which candidates will be on the November general election ballot. Some states parties hold conventions in conjunction with the primary. If a candidate is unopposed, there may not be a primary election. Those who represent a major political party are automatically placed on a state's primary ballot. Minor party candidates are chosen by their party's rules while independent candidates nominate themselves. Independent candidates and those representing minor parties must meet various state requirements to be placed on the general election ballot. An example of this would be to submit a petition with a certain number of registered voters.

Senate and Representative elections differ in who votes for the candidates. All eligible voters within a state may vote for Senator. A Representative is elected by only those eligible voters residing in the congressional district that the candidate will represent. Election winners are decided by the plurality rule. That is, the person who receives the highest number of votes wins. This may not necessarily be a majority of the votes.

Each state has two senators who are elected to serve six-year terms. Every two years one third of the Senate is up for reelection. To be able to run in an election for the Senate one must be 30 years old by the time one takes the oath of office, a citizen of the U.S. for at least nine years, and a resident of the state from which one is elected. These qualifications were established in Article I, Section 3 of the Constitution.

Most states have primary elections to decide which candidates will be on the November general election ballot. Some states parties hold conventions in conjunction with the primary. If a candidate is unopposed, there may not be a primary election. Those who represent a major political party are automatically placed on a state's primary ballot. Minor party candidates are chosen by their party's rules while independent candidates nominate themselves. Independent candidates and those representing minor parties must meet various state requirements to be placed on the general election ballot. An example of this would be to submit a petition with a certain number of registered voters.

Before 1913 senators were chosen by their state legislatures. The Founding Fathers believed that since the senators represented the state, the state legislature should elect them. The 17th Amendment to the Constitution now requires senators to be elected by a direct vote of those s/he will represent. Election winners are decided by the plurality rule. That is, the person who receives the highest number of votes wins. This may not necessarily be a majority of the votes. For example, in an election with three candidates, one candidate may receive only 38% of the vote, another 32%, and the third 30%. Although no candidate has received a majority of more than 50% of the votes, the candidate with 38% wins because s/he has the most votes (the plurality).

The first type of government in America was based primarily on state government. Prior to the signing of the Constitution, America had been made up of thirteen colonies, which had been ruled by England. Following the Revolutionary War, these colonies, although they had formed a league of friendship under the Articles of Confederation, basically governed themselves. They feared a strong central government like the one they lived with under England's rule. However, it was soon discovered that this weak form of state government could not survive and so the Constitution was drafted. The Constitution:

defines and limits the power of the national government,
defines the relationship between the national government and individual state governments, and
guarantees the rights of the citizens of the United States.
This time, it was decided that a government system based on federalism would be established. In other words, power is shared between the national and state (local) governments. The opposite of this system of government is a centralized government, such as in France and Great Britain, where the national government maintains all power.

Sharing power between the national government and state governments allows us to enjoy the benefits of diversity and unity. For example, the national government may set a uniform currency system. Could you imagine having 50 different types of coins, each with a different value? You would need to take along a calculator to go shopping in another state. By setting up a national policy, the system is fair to everyone and the states do not have to bear the heavy burden of regulating their currency.

On the other hand, issues such as the death penalty have been left up to the individual states. The decision whether or not to have a death penalty, depends on that state's history, needs, and philosophies.

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Glossary

Act: Legislation that has passed both Houses of Congress and has been either approved by the President, or passed over his veto, thus becoming law. Also used technically for a bill that has been passed by one House of Congress.

Alien: A person residing under a government or in a country other than that of one's birth without being a citizen of that non-native country.

Amendment: A proposal by a Member (in committee or floor session of the respective Chamber) to alter the language or provisions of a bill or act. It is voted on in the same manner as a bill. The Constitution of the United States, as provided in Article 5, may be amended when two thirds of each house of Congress approves a proposed amendment and three fourths of the states thereafter ratify it.

Anti-Federalists: Opponents to the adoption of the federal Constitution. Leading Anti-Federalists included George Mason, Elbridge Gerry, Patrick Henry, and George Clinton.

Autonomy: Independence or freedom; the right of self-government.

Bill: Formally introduced legislation. Most legislative proposals are in the form of bills and are designated as H.R. (House of Representatives) or S. (Senate), depending on the House in which they originate, and are numbered consecutively in the order in which they are introduced during each Congress. Public bills deal with general questions and become Public Laws, or Acts, if approved by Congress and signed by the President. Private bills deal with individual matters such as claims against the Federal Government, immigration and naturalization cases, land titles, et cetera, and become private laws if approved and signed.

Bicameral: The characteristic of having two branches, chambers, or houses, such as the United States Congress which is composed of the Senate and the House of Representatives.

Bill of Rights: The first ten amendments to the United States Constitution.

Calendar: A list of bills, resolutions, or other matters to be considered before committees or on the floor of either House of Congress.

Centralized Government: A form of government in which the national government maintains the power.

Checks and Balances: A system of limits imposed by the Constitution of the United States on all branches of a government by vesting in each branch the right to amend or void those acts of another that fall within its jurisdiction.

Citizen: A native or naturalized member of a state or nation who owes allegiance to its government and is entitled to its protection.

Cohesive: The state of uniting or sticking together.

Commerce: The traffic in goods, usually thought of as trade between states or nations.

Concurrent Powers: Duties shared by both the national government and state governments, such as collecting taxes, building roads, and making/enforcing laws.

Confirmation: Action by the Senate approving Presidential nominees for the executive branch, regulatory commissions, and certain other positions.

Decennial: Occurring every ten years.

Delegate: A person designated to act for or represent another or others; a deputy; representative, as in a political convention.

Democratic: Characterized by the principle of political or social equality for all.

Dual Federalism: A system of government where the states governed the people directly and the national government concerned itself with issues relating to foreign affairs.

Elastic Clause: A statement in the U.S. Constitution granting Congress the power to pass all laws necessary and proper for carrying out the list of powers it was granted.

Enrolled Bill: Legislation that has been passed by both houses of Congress, signed by their presiding officers, and sent to the President for signature.

Federal: A union of groups or states in which each member agrees to give up some of its governmental power in certain specified areas to a central authority.

Federalism: A union of states in which sovereignty is divided between a central authority and the member state authorities.

Federalists: A group of people who supported the adoption of the Constitution. Leading Federalists included Alexander Hamilton, James Madison, and John Jay.

Fiscal Year: A twelve month accounting period used by the Federal Government that goes from October 1st to September 30th. Currently, the Government is in FY07, which goes from October 1, 2006 to September 30, 2007.C

Gerrymandering: Drawing of district lines to maximize the electoral advantage of a political party or faction. The term was first used in 1812, when Elbridge Gerry was Governor of Massachusetts, to characterize the State redistricting plan.

Hearing: A meeting or session of a committee of Congress, usually open to the public, to obtain information and opinions on proposed legislation, conduct an investigation, or oversee a program.

Hopper: A box into which a proposed legislative bill is dropped and thereby officially introduced.

Immigrant: A person who migrates to another country, usually for permanent residence.

Impeachment: A formal accusation issued by a legislature against a public official charged with crime or other serious misconduct.

Independent: When a person or thing is not influenced or controlled by others in matters of opinion, conduct, etc.; thinking or acting for oneself.

Indirect popular election: Instead of voting for a specific candidate, voters select a panel of individuals pledged to vote for a specific candidate. This is in contrast to a popular election where votes are cast for an individual candidate. For example, in a general presidential election, voters select electors to represent their vote in the Electoral College, and not for an individual presidential candidate.

Initiative: A procedure by which a specified number of voters may propose a statute, constitutional amendment, or ordinance, and compel a popular vote on its adoption.

Judicial Review: The power of a court to judge the constitutionality of the laws of a government or the acts of a government official.

Law: A rule of conduct established and enforced by the authority, legislation, or custom of a given community, state, or nation.

Legislative Day: A formal meeting of a House of Congress which begins with the call to order and opening of business and ends with adjournment. A legislative day may cover a period of several calendar days, with the House recessing at the end of each calendar day, rather than adjourning.

Line-Item Veto: The power of the executive to disapprove of particular items of a bill without having to disapprove of the entire bill.

National: A person under the protection of a specific country. A citizen or subject.

Naturalization: The official act by which a person is made a national of a country other than his native one.

Pocket Veto: The disapproval of a bill brought about by an indirect rejection by the president. The president is granted ten days, Sundays excepted, to review a piece of legislation passed by Congress. Should he fail to sign a piece of legislation and Congress has adjourned within those ten days, the bill is automatically killed. The process of indirect rejection is known as a pocket veto.

Primary Election: An election held to decide which candidates will be on the November general election ballot.

Public Law: A bill or joint resolution (other than for amendments to the Constitution) passed by both Houses of Congress and approved by the President. Bills and joint resolutions vetoed by the President, but then overridden by the Congress also become public law.

Ratification: Two uses of this term are: (1) the act of approval of a proposed constitutional amendment by the legislatures of the States; (2) the Senate process of advice and consent to treaties negotiated by the President.

Reapportionment: The process by which seats in the House of Representatives are reassigned among the States to reflect population changes following the decennial census.

Redistricting: The process within the States of redrawing legislative district boundaries to reflect population changes following the decennial census.

Referendum: The submission of a law, proposed or already in effect, to a direct vote of the people.

Report: The printed record of a committee’s actions, including its votes, recommendations, and views on a bill or question of public policy or its findings and conclusions based on oversight inquiry, investigation, or other study.

Republic: A state or nation in which the supreme power rests in all the citizens entitled to vote. This power is exercised by representatives elected, directly or indirectly, by them and responsible to them.

Separation of Powers: The distribution of power and authority among the legislative, executive, and judicial branches of the government.

Sovereign: Above or superior to all others; chief; greatest; supreme dominion or power.

Tabling Motion: A motion to stop action on a pending proposal and to lay it aside indefinitely. When the Senate or House agrees to a tabling motion, the measure which has been tabled is effectively defeated.

Veto: The constitutional procedure by which the President refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President returns the legislation to the originating House without approval. It can be overridden only by a two-thirds vote in each House. A pocket veto occurs after Congress has adjourned and is unable to override the President’s action.

 

Certified Political Scientist ™ CPS ™ Political Science and Politics Trademark owned by IBS, LLC