United States Constitution 101

Separation of Powers

The 3 branches of government

Article I: Legislative Branch

Bicameral: Senate

2 Senators for each state

House of Representatives

Based on population

Representatives serve 2 year terms

Senators serve 6 year terms

Important Powers: Make laws Set taxes Declare war Override Vetoes Borrow money Regulate international

and national trade Print money Establish Post Offices Regulate Immigration Approve Treaties

Article II: Executive Branch

President and Vice President are elected to 4 year terms

Qualifications: At least 35 years old 14 year resident of the

US Natural born citizen

Elected by the Electoral College

Important powers: Commander-in-Chief Grant pardons Make treaties Appoint justices of the

Supreme Court Ensure laws are

executed Appoint his Cabinet

Article III: Judicial Branch

US Supreme Court Justices serve for LIFE.

Declare laws and acts of the Legislature & Executive UNCONSTITUTIONAL!

What cases do they hear? Anything dealing directly

with the US Constitution US Law Treaties & Ambassadors Maritime Laws (seas) Two or more states Between a state and

citizens of another state

Checks and Balances (where do they go?)

Declares acts of Congress Unconstitutional

Declares acts of President Unconstitutional

Creates Lower federal courts

Veto’s legislation Impeaches judges Impeaches the President Overrides a President’s

veto

Grants Pardons Appoints Supreme

Court Justices Proposes laws Approves Judges Ratifies Treaties Runs the military once

war has been declared Controls

Appropriations

Legislative Branch General Assembly: House & Senate

Powers: Passes statutes (laws for the state) Sets up local governments through charters. determines the powers of executive/state

agencies debates/approves the state’s budget override veto (3/5 vote)

Initiative V. ReferendumInitiative V. Referendum

InitiativeInitiative: : when the when the people startpeople start an action an action in an effort to propose in an effort to propose a new law a new law

ReferendumReferendum: when : when the people the people votevote on on the initiativethe initiative

Legislative Problem: Gerrymandering when officials make

voting districts that have all their supporters so they never lose office.

GerrymanderingGerrymandering12th District of Mel Watt

Redrawing Redrawing district lines in a district lines in a state to favor a state to favor a particular political particular political partyparty– A way A way

politicians politicians cheat in order cheat in order to be elected!to be elected!

If you were an North Carolina Senator and you “gerrymandered” your district, how would this benefit you?

Incorporation: all state laws, city town ordinances must follow the 14th Amendment and the Bill of Rights

What court case?

Executive Branch Governor & Lieutenant Governor

Powers: Represents NC Appoints cabinet members proposes state budget veto legislation (line item veto)

Lieutenant Governor: takes over if Gov. dies, also is the “president of the senate” and has the tiebreaking vote in the NC Senate. Elected separately

Spotlight on the NC governor’s Veto power: The NC governor was given the veto power

in 1996, this strengthened the executive branch and gave the governor more say over the legislative process.

Line-Item Veto V. Presidential VetoPowers of Pres. V. Governor

Line-Item Veto:The Governor may veto parts of a bill he disagrees with and keep the parts he agrees with

Presidential Veto:an “all or nothing” decision. The president must approve or reject the entire bill.

Council of State: 8 ELECTED heads of state agencies advise the governor

1. Secretary of State

2. Attorney General

3. Commissioner of Agriculture

4. Commissioner of Insurance

5. Commissioner of Labor

6. Superintendent of Public Instruction

7. State Treasurer

8. State Auditor

Cabinet- 10 Heads of state agencies appointed by the Governor

Secretary of Commerce Secretary of Crime Control & Public Safety Secretary of Health and Human Services Secretary of Transportation

Judicial Branch (NC Article IV): State Supreme Court (7

elected justices, serve 8 yr terms): power of judicial review.

Court of Appeals (15 Judges) Superior Court (46 districts) District Court (39 county)

Every case must work its way up the court system

EXCEPT: Death Penalty “Capital Punishment” cases go directly from Superior to Supreme Court.

NC Supreme Court

Court of Appeals

Superior Court

District (County) Court

Create 3 Ven-Diagrams outlining the similarities between the Federal branches and their state counterparts(one for each branch)