Unit 2.1STRUCTURE OF THE THREE BRANCHES OF GOVERNMENT

I. Legislative Branch (Article I)

A. Legislative powers: make the laws

1. Session- time Congress meets

2. Special session- can be called by the President

B. House of Representatives

1. “house of the people”- elected by the citizens of a state

2. 435 members term is for 2 years

3. Qualifications- 25 years old, citizen for 7 years, live in state and district

4. Speaker of the House- head of party in power and overseer of house

NC representative, Robert Pittenger

C. Senate

1. “house of the states” –originally elected by state legislatures, since the 17th Amendment –elected by the people

2. 100 members -2 per state

3. term is 6 years (1/3 elected every 2 years)

4. Qualifications- 30 years old, citizen for 9 years, live in state

NC’s U.S. Senators

Richard Burr

Thom Tillis

D. Leaders in Congress

5. Senate Pro Tempore –oldest serving senator of the party in power (president of the senate when the vice-president in absent)

6. Vice-President is “president” of Senate

- Only votes when there is a tie

5. Determining Representation

A. Census: Population count taken by Census Bureau/taken every 10 years 1. Adjusts number of representatives given to

each state.

2. Some states lose and some state gain members in the house -Reapportionment

B. Congressional Districts: Each state is divided into one or more congressional districts (NC has 13)

1. State Legislatures must draw boundaries –redistricting

2. districts must have same number of constituents (citizens)

i. Gerrymandering: oddly shaped district designed to increase voting strength of one particular party

ii. Majority party in General Assembly has the power to redraw lines

6. Congressional Sessions

A. Each term of Congress is divided into sessions or meeting usually from January to November.

B. Congress or the President can call a special session when a crisis occurs.

C. A joint session is when both houses meet together

Ex: During a Presidential State of the Union Address.

II. Powers of Congress

A. Enumerated : (Article I, Section 8) Specifically stated powers

1. Tax and budget (power of the purse)

2. Regulate interstate and international commerce

3. Immigration

4. Coin money

5. Issue patents and copyrights

6. Establish Inferior courts to Supreme Court

7. Declare war

8. Raise an army and navy

9. Regulate federal land & Washington, D.C. (our nation’s capital)

10. Approve nominations for courts, ambassadors, etc.

11. Impeach the president & federal judges

B. Other Powers

Impeachment of Federal Executive and Judicial officers- House of Representatives

Consent to all treaties made by the President- Senate only

Confirm the appointment of all federal judges, ambassadors, public ministers & officers- Senate

House of Rep is responsible for passing a budget and then sending to the Senate- both vote on it.

The President can also send over his/her ideas for a budget.

CBO ( Congressional Budget Office) runs the numbers for Congress’s budget

OMB ( Office of Management and Budge) runs the numbers for the President’s budget.

C. Powers DENIED to congress (Article I, Section 9)

a. Congress cannot suspend writ of Habeas Corpus- no law can be passed preventing a person from being present at their own trial

b. Congress cannot pass Ex Post Facto Laws- laws making an action it a crime after it was done.

c. Congress cannot pass Bills of Attainders- laws that punish a person without trial

D. Implied Powers- powers not specifically stated

1. “Necessary and Proper clause”

a. Also known as the “Elastic clause”

b. allows Congress to make laws so it can act on enumerated powers

c. examples:

1. creation of executive agencies (Food & Drug Administration)

2. New branches of the military (Air Force)

3. Regulation of the economy (Banking/Stock market)

  The Senate The House of Representatives

Qualifications

 

   

Size (number) 

   

Term 

   

Role/Purpose   

Special Duties 

Role in Lawmaking

A bill must be approved by BOTH houses of Congress before it can go the President to become law

Warm Up

1. What are three enumerated powers of Congress?

2. What is a ‘bill of attainder’ ?

3. What does it mean ‘to suspend writ of habeas corpus’?

Unit 2.3 The Executive Branch

II. Executive Branch (Article II) A. Chief Executive

1. appoints top level officials (Cabinet) with “the advice and consent of Senate”

2. running of the government (bureaucracy)

B. Chief Diplomat

1. make treaties (formal agreements with other countries) with 2/3 of Senate

2. Recognition- formally acknowledges another country

3. send and receive ambassadors

C. Commander –in- Chief

1. civilian in charge of military

2. only Congress “declare war”

3. War Powers Act- reaction to Vietnam

a. Notify Congress to send troops abroad

b. End conflict in 60 days (30 day extension)

c. Joint resolution of Congress

4. Create a budget for Congressional approval

5. “take care” that laws are “faithfully executed”

6. Approve or veto legislation

a. Veto -deny

b. Approve

c. Do nothing (for 10 days) If Congress is not in

session: Pocket Veto- bill dies

If Congress is in session: bill passes

E. Judicial powers

1. Nominates federal judges

2. Pardon- relieve all charges

3. commutation- reduce a sentence

4. reprieve- spare from death penalty

What is Alexander Hamilton describing?

It was desirable that the sense of the people should operate in the choice of the person (for president) to whom so important a trust was to be confided. This end will be answered by.…..A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated [matters].

Federalist no. 68

Warm UpWhat does this mean to you?In order to be successfully

educated, all students have the right to necessary and useful school supplies

Unit 2.2 The Judicial Branch

III. Judicial Branch (Art. III)

A. Jurisdiction- allows a court to hear the case

B. Original Jurisdiction- a specific court MUST hear that case

1. conflicts between states are settled by the U.S. Supreme Court

C. Appellate Jurisdiction- only hear appeal of case

1. Appeal- reviewing a lower court’s ruling

1. Long, difficult appeal process

2. Supreme Court chooses the cases they hear

D. Judicial Review

1. Supreme Court’s power to decide the Constitutionality of a law

1. Made by the legislative branch

2. Made by executive order

2. Marbury v. Madison, 1801 -established this precedent

1. First Supreme Court case

E. Dual Hierarchy Court System 1. cases concerning state laws are

decided in the courts of each state

2. cases concerning federal laws are decided in U.S. courts

NC Supreme Court

NC Appeals Court

NC Trial Courts*Superior*District

Warm Up Mrs. Cerbone married Mr. Cerbone in New

York in 2000. When they moved to NC eight years ago they did not need to get a marriage license in the state of North Carolina. Why is this case?

Winston Goldstein loves cheap gas. He drives from his house in Charlotte to South Carolina every week to fill his car up. Why is he able to use his NC driver’s

license to drive in SC?

UnitaryGovernment

FederalismConfederateGovernment

Powerful central govt Powerful state govts

State & national

government share power

I. Types of Governments

A. Unitary –National government only

B. Confederate –State governments have great power, give only a little power to a national government

1. like the U.S. under The Articles of Confederation

C. Federalism –sharing of power between the national & state governments

II. Our Federal System

Reserved Powers- powers reserved specifically for the states

1. Regulate marriage and divorce, public schools, liquor laws

2. full faith and credit clause- each state must recognize the laws, decisions of other states

Concurrent Powers- powers both national and state gov’ts have

ex: collect taxes, crime and punishment

Delegated Powers- powers held by Fed gov’t only

ex: Declare War, coin money, regulate trade

Complete the graphic organizer using the 22 boxes on the back of your wkst

Delegated Powers

Reserved Powers

Concurrent Powers