BRANCHES OF GOVERNMENT. Separation of power Three separate branches: executive, judicial, and legislative. The three branches are distinct and have checks

BRANCHES OF GOVERNMENT

Separation of power

• Three separate branches: executive, judicial, and legislative. The three branches are distinct and have checks and balances on each other. In this way, no one branch can gain absolute power or abuse the power they are given.

• The executive branch is headed by the President and includes the bureaucracy. The legislative branch includes both houses of Congress: the Senate and the House of Representatives. The judicial branch consists of the Supreme Court and the lower federal courts.

Separation of power

Checks and balances

• Guarantees that no part of the government becomes too powerful. For example, the legislative branch is in charge of making laws. The executive branch can veto the law, making it harder for the legislative branch to pass the law. The judicial branch may also say that the law is unconstitutional and thus make sure it is not a law.

Checks and balances

The

Leg

isla

tive

Bra

nch

The Senate The House of Representatives

Makes the laws

Congress

Powers found in Article II

of The Constitution

The E

xecutive B

ranch

Carries out the laws

President

Vice President

The Cabinet

The Bureaucracy

Powers found in Article II of The Constitution

The

Jud

icia

l B

ranc

h

Interprets the laws

Powers found in Article III of The Constitution

PRESIDENTIALROLES

PRESIDENTIALPOWERS

EXECUTIVEOFFICES

PRESIDENTIALSUCCESSION

QUALIFICATIONS

VICE PRESIDENTSDUTIES

Created by Article II of the Constitution

PRESIDENTIAL QUALIFICATIONS

AGE 35

CITIZENSHIPNATURAL BORN

U.S. CITIZEN

RESIDENCY

HAVE LIVED IN THE U.S. AT

LEAST 14 YEARS

TO BE THE PRESIDENT YOU MUST FILL ALLOF THE FORMAL REQUIREMENTS.

EXECUTIVEPOWERS

DIPLOMATICPOWERS

MILITARYPOWERS

LEGISLATIVEPOWERS

POWERS OF THE PRESIDENT

JUDICIALPOWERS

EXECUTIVE POWERSEXECUTIVE POWERS ARE THOSE POWERS THE PRESIDENT HAS AND USES TO MAKE SURE THAT FEDERAL LAW IS CARRIED OUT. THEY INCLUDE:

EXECUTINGTHE LAW

APPOINTING POWER

REMOVAL POWERORDINANCE POWER

EXECUTING THE LAWTHE PRESIDENT HAS THE JOB, RESPONSIBILITY AND DUTY TO MAKE SURE THAT ALL LAWS ARE ENFORCED AND ADMINISTERED, AS PER THE CONSTITUTION:

ARTICLE II, SECTION 1, CLAUSE 8 (THE PRESIDENTIAL OATH)

ARTCLE II, SECTION 3, CALLED THE “TAKE CARE” POWER

* The President has the power to issue executive orders.

*An EXECUTIVE ORDER is a directive, rule, or regulation that has the effect of law. While the order is not an actual law, it is treated like one.*This power is given to the President from two sources: the Constitution and Congress.

The ORDINANCE POWER

•The President has the power to appoint nearly three million federal civilian employees.•Once the President receives the consent of the Senate, he appoints most of the top-ranking officials in the Federal Government.

•Some examples are: federal judges, cabinet members, heads of independent agencies, and officers of the military.

THE APPOINTING POWER

SENATORIAL COURTESY – Presidential Appointments Need Appointees Home Senators Approval

*The President can remove anyone from office who he has appointed.

*The only restriction on this power is that the President cannot remove Supreme Court Justices from the bench.

*Three major reasons for removal are: inefficiency in office, neglect of duty, or inappropriate behavior.

THE REMOVAL POWER

DIPLOMATIC POWERSTHE PRESIDENTS DIPLOMATIC POWERS ARE

AMONG HIS MOST POWERFUL. THEY INCLUDE:

POWER TO MAKE TREATIES

POWER OF EXECUTIVE AGREEMENTS

POWER OF RECOGNITION

*treaty=formal agreement between two or more sovereign states*The President usually negotiates treaties through the Secretary of State.*The Senate must give approval for these international agreements with a 2/3 vote.

POWER TO MAKE TREATIES

POWER OF EXECUTIVE AGREEMENTS

Executive Agreements are like treaties in that they are agreements between the President and foreign leaders or their subordinates. They are different in that they do not require the approval of the Senate. They usually stem out

of previous legislation, or a previous treaty.

*The President, representing the United States, acknowledges the legal existence of that country and its government.*This recognition can make or break the survival of a new country.

*This recognition is not permanent. It can change with revolutions or changes in government.

THE POWER OF RECOGNITION

MILITARY POWERS

*During wartime, the President can make critical decisions that he feels is necessary for wartime AS COMMANDER AND CHIEF.

*The President also has the power to send troops into combat, without approval by Congress. This is referred to as undeclared war.

*Finally, the President can use troops for domestic peace within the United States.

LEGISLATIVE POWERS*The President possesses the power to submit OR RECOMMEND ideas to Congress.*The President gives a “State of the

Union” address each year, where he presents ideas for new legislation to Congress.THE PRESIDENT ALSO HAS:

*FINALLY THE PRESIDENT HAS THE POWER TO CALL SPECIAL SESSIONS OF CONGRESS IF A PRESSING MATTER OCCOURS.

THE POWER OF VETO

THE POWER OF VETO

*When a bill is presented to the President, he can do one of four things:1. Sign it and pass the law, 2. Veto the law,

3. While Congress is in session, he can not touch the bill and it will pass in 10 days 4. Pocket veto, or while

Congress is not in session, he can not touch the bill and it will not pass.

JUDICIAL POWERS

PARDON – ISSUED BY THE PRESIDENT IT IS LEGAL FORGIVENESS FOR A CRIME AMNESTY – ISSUED BY THE PRESIDENT IT IS A PARDON FOR A LARGE GROUP OF PEOPLEREPRIEVE – ISSUED BY THE PRESIDENT IT IS POSTPONING A SENTENCECOMMUTATION- ISSUED BY THE PRESIDENT IT IS A REDUCTION OF A SENTENCE

ACCORDING TO ARTICLE II, SECTION 2, CLAUSE 1 THE PRESIDENT HAS THE POWER TO ISSUE:

ROLES OF THE PRESIDENT

CHIEFEXECUTIVE

CHIEFCITIZEN

CHIEFADMINISTRATOR

CHIEFDIPLOMAT

COMMANDERAND CHIEF

CHIEFLEGISLATOR

CHIEF OFPARTY

CHIEF OFSTATE

CHIEF EXECUTIVEThe president is the chief executive, empowered to administer the laws and affairs of the nation. While the president does notmake the laws, his agencies have the responsibility and authority to carry out the laws.

Examples in this role1. Appointing the head of the Central Intelligence Agency (CIA).2. Holding a Cabinet meeting to discuss government business.3. Reading Federal Bureau of Investigation (FBI) reports on the state of national security

1. Which recent executive orders have impacted the state of the nation?2. What article in the Constitution grants the president executive power?

CHIEF DIPLOMATBeing a diplomat involves interacting with leaders from other nations. The president takes the lead in foreign relations byassociating with foreign leaders and, along with the help of Congress, develops a foreign policy with other nations.

Examples in this role1. Traveling to London to meet with the British prime minister.2. Working with leaders in the Middle East in an effort to create a peace plan for the region.

1. Which foreign leaders has the president recently hosted at the White House? Which nations has the president recently visited?2. What have been the motivating reasons for these visits?3. Which countries have been traditional allies of the United States? Do these friendly relationships remain strong today?

CHIEF LEGISLATORThough the president cannot make laws, he can voice his own ideas and opinions to Congress while they draft legislation. He does this through speeches promoting his agenda and by meeting with Congress to discuss policies.

Examples in this role1. Signing or vetoing a bill passed by Congress.2. Working to get enough House or Senate votes for a bill to be passed through each respective house.3.Making a speech in Congress.

1. Name one controversial piece of legislation that the president has pushed through Congress.2. How has the president pushed his plan for healthcare?

CHIEF OF STATEThe president's role as chief of state is to represent the United States at public events. This is mainly a ceremonial role that allows the president to promote/convey/represent American values and acknowledge others who do the same.

Examples in this role1. Awarding medals to students receiving academic honors.2. Congratulating astronauts upon their return from space travel.3. Greeting visitors to the White House.4. Delivering the State of the Union Address.

1. When has a president visited U.S. cities in distress?2. How would a president play the role of chief of state during wartime?

COMMANDER AND CHIEFThe president is the commander-in-chief of the U.S. armed forces. That means all of the military leaders report to and take orders from the president. The president performs this duty as a civilian, someone who is not in military service.

Examples in this role1. Inspecting a Navy yard.2. Deciding, in wartime, whether to bomb foreign cities.3. Calling out the National Guard to stop a riot.

1. What is the benefit of having a civilian who is an elected public official as the commander-in chief?

2. What might be some of the drawbacks?

CHIEF OF PARTY

In this role, the president helps members of his political party get elected or appointed to office. The president campaigns for those members who have supported his policies. At the end of a term the president may campaign for reelection with his party’s support.

Examples in this role1. Choosing leading party members to serve in the Cabinet.2. Traveling to California to speak at a rally for a party nominee to the U.S. Senate.

1. To what political party does the current president belong?2. In what ways can a sitting president work on behalf of his party?3. In what ways can the president's party continue to work on his behalf?

CHIEF ADMINISTRATOR

The president also has to be the chief administrator, meaning to manage the fifteen executive depots and federal agencies, such as NASA, and to help carry out those policies. Being the chief administrator is an enormous task because the executive departments employ around 1.8 million employees every year. Even millions more are employed by the postal service and other government agencies

CHIEF CITIZEN

This role of the President infers that he is the moral leader and figurehead of the United States. As a representative of the nation's people, the president automatically assumes the role of its chief citizen, or popular leader. This role requires that the president maintains a certain trust with the people, since it is his/her duty to work for the public interest. In addition, the president must place the nation's best interests above the interests of any one group or citizen. Some examples are educating citizens on important issues, leading by example, and concentrating on issues that affet American citizens.

EXECUTIVE OFFICES“The President’s right arm”as it is referred to is the several offices that are staffed by the President’s closest advisors, and are designed to help the President make, and enforce policy. They include:

NATIONALSECURITYCOUNCIL

OFFICE OF MANAGEMENTAND BUDGET

OFFICE OF NATIONAL DRUG

CONTROL POLICY

COUNCIL OFECONOMICADVISORS

CABINET OTHERS

NATIONAL SECURITY COUNCIL

The National Security Council is the President's principal forum for considering national security and foreign policy matters with his senior national security advisors and cabinet officials. Since its inception under President Truman, the function of the Council has been to advise and assist the President on national security and foreign policies. The Council also serves as the President's principal arm for coordinating these policies among various government agencies.

OFFICE OF MANAGEMENT AND BUDGET

OMB's predominant mission is to assist the President in overseeing the preparation of the federal budget and to supervise its administration in Executive Branch agencies. In addition, OMB oversees and coordinates the Administration's financial management, information, and regulatory policies.

The principal purpose of ONDCP is to establish policies, priorities, and objectives for the Nation's drug control program. The goals of the program are to reduce illicit drug use, manufacturing, and trafficking, drug-related crime and violence, and drug-related health consequences. To achieve these goals, the Director of ONDCP is charged with producing the National Drug Control Strategy. The Strategy directs the Nation's anti-drug efforts and establishes a program, a budget, and guidelines for cooperation among Federal, State, and local entities.

OFFICE OF NATIONAL DRUG CONTROL POLICY

COUNCIL OF ECONOMIC ADVISORS

The CEA was established by the Employment Act of 1946 to provide the President with objective economic analysis and advice on the development and implementation of a wide range of domestic and international economic policy issues.

CABINETThe tradition of the Cabinet dates back to the beginnings of the Presidency itself. One of the principal purposes of the Cabinet (drawn from Article II, Section 2 of the Constitution) is to advise the President on any subject he may require relating to the duties of their respective offices.

The Cabinet includes the Vice President and, by law, the heads of 15 executive departments-the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, and the Attorney General.

OTHER OFFICESThe other offices of the Executive Branch are as varied as they are in numbers. Some of the other areas include:

Office of Policy Development - Advises President on domestic concerns

National Space Council-Advises President on civil and military efforts in space

Council on Environmental Quality- Aids the President on environmental policy matters.

Office of U.S. Trade Representatives – Advises the President on matters of foreign trade.

Office of Science and Technology- Advises on all scientific, engineering, and technology advances.

VICE PRESIDENTIAL DUTIESBY CONSTITUTION THE VICE PRESIDENT HAS

ONLY TWO FORMAL DUTIES:

1. PRESIDE OVER THE SENATE

2. HELP DECIDE THE QUESTION OF PRESIDENTIAL DISABILITY

3. PRESIDENTIAL DISABILITY IS WHEN THE PRESIDENT IS UNABLE TO CARRY OUT HIS DUTIES

THE ONLY OTHER ASSUMED PURPOSE OF THE VICE PRESIDENT IS TO BE A PRESIDENT IN WAITING.

PRESIDENTIAL SUCCESSIONIS THE ORDER IN WHICH INFERIOR OFFICERS CAN BE

PROMOTED TO THE OFFICE OF PRESIDENT IN CASE OF A VACANCY. THE CURRENT SYSTEM WAS ESTABLISHED BY

THE 25TH AMENDMENT AND CURRENTLY HAS 18 POSITIONS. HERE ARE THE FIRST 10.

1 VICE PRESIDENT 6 SECRETARY OF DEFENSE

2 SPEAKER OF THE HOUSE 7 ATTORNEY GENERAL

3PRESIDENT PRO TEMPORE

8SECRETARY OF THE INTERIOR

4 SECRETARY OF STATE 9SECRETARY OF AGRICULTURE

5SECRETARY OF THE TREASURY

10SECRETARY OF COMMERCE

The President

OfficeOf

PolicyDevelopment

OfficeOf

ManagementAnd

Budget

CouncilOf

EconomicAdvisors

National SecurityCouncil

Office of TheVice

President

White House

Staff

OfficeOf

Administration

OfficeOf

ScienceAnd

TechnologyPolicy

OfficeOf

The USTrade

Representative

OfficeOf

NationalDrug

CouncilPolicy

CouncilOf

EnvironmentalQuality

Executive Office of the President

• The First U.S. Congress voted to pay George Washington a salary of $25,000 a year — a significant sum in 1789. Washington, already a successful man, refused to accept his salary.

• Since 2001, the President has earned a salary of $400,000 a year.

Presidential Benefits

The President's salary serves as a cap for all other federal officials, such as the Chief Justice. In order to raise the salaries of the other federal employees, the President's salary had to be raised as well.


• Modern Presidents enjoy many non-salary benefits such as living and working in the spacious White House mansion in Washington, DC. While traveling, the President is able to conduct all the functions of the office aboard several specially built Boeing 747s, which take the call sign Air Force One.




•The President travels around Washington in an

armored Cadillac limousine, equipped with bullet-proof

windows and tires and a self-contained ventilation

system in the event of a biological or chemical attack.

When traveling longer distances around the Washington

area or on presidential trips, the President travels aboard

the presidential helicopter.



When traveling longer distances around the Washington area or on presidential trips, the President travels aboard the presidential helicopter, which takes the call sign Marine One when the president is aboard.


The President has full use of Camp David in Maryland, a sprawling retreat occasionally used as a casual setting for hosting foreign dignitaries.

Presidential BenefitsThe President and his family are protected at all times by an extensive Secret Service detail. Until 1997, all former Presidents and their families were protected by the Secret Service until the President's death.


Presidents continue to enjoy other benefits after leaving office such as free mailing privileges, free office space, the right to hold a diplomatic passport and budgets for office help and staff assistance

Review Questions

What are the three qualifications for someone to be president?

What is the President’s Senatorial Courtesy mean?

What Article of the Constitution do you find the powers ofthe President?

Can the President remove a Supreme Court Justice?

The President has the power to make a treaty. What is a treaty?

What military powers does the President have?

Since the President has the power to pardon someone, what powerdoes the president have? (Legislative, Judicial, or Removal Power)

Since the President has the power to establish foreign policy with other nations, what role is he serving?

Review QuestionsWhich role of the president says that the President is the head of the national government?

The President is the “boss” of government employees. What roleis he serving?

The group of people that is made up of his closest advisors ishis ___________________________

If the President is unable to fulfill his duties, who takes his place?

Which Amendment established Presidential succession?

Which cabinet secretary is first in line before all other cabinetsecretaries?

Amendment 20 Amendment 22 Amendment 25 President Vice-President CabinetTreatyVetoReprieveAmnestyCommutationPardon

Some terms to know and apply

The Legislative Branch

Legislative Branch Review

1. Function:Make the Laws

2. Congressional Joint PowersA. Levy and collect taxesB. Raise and maintain militaryC. Grant statehoodD. Control national landsE. Regulate interstate tradeF. Naturalize citizensG. Declare warH. Control making of currency

Where are theseLegislative powers foundIn the Constitution?

Legislative BranchHouse of Representatives1. Qualifications

A. 25 years oldB. U.S. Citizen for 7 yearsC. Resident of state elected

2. Method of Selection – Election by the people3. Term of Office – 2 years4. Members per State – Based on population – 435 total5. Powers reserved for the House only

A. Originates money bills (taxes)B. Begins impeachment processC. Elects President if Electoral College fails to do so

1. Which state has the most members in the House of Representatives?2. Why does that state have more than all the others?3. What is the minimum number of representatives a state may have?4. What is used to decide how many seats a state gets in the House?

Legislative BranchSenate

1. Qualifications

a. 30 Years Oldb. American citizen for 9 yearsc. Resident of state elected

2. Method of Selection – Election by the people3. Term of office – 6 years4. Members per state – 25. Powers reserved for Senate only

a. Confirm Presidential appointmentsb. Approve/reject treatiesc. Jury for impeachment trial

The U.S. Congress in Brief

• Bicameral

• Senate– 100 members– Six years– More prestigious

• House– 435– 2 years– Reapportioned after each census

Legislative Branch

• Begins January 3 of every odd-numbered year

• Numbered Consecutively (07-09 = 110th)• Adjournment = end of term (both houses

must agree)• Two sessions per term/ periodic recesses

Minority Leader

Appropriations

Democrat Policy Committee

Democrat Steering Comm.

Majority Leader

Presiding Officer

Finance

Majority WhipMinority WhipOther StandingCommittees

GOP Policy Committee

The Senate

Republican Conference Democrat Conference

Speaker

Committee onRules

MinorityWhip

DemocratSteering

Committee

DemocratPolicy

Committee

Committee onWays and Means

Committee onAppropriations

MajorityWhip

Minority Leader

National Republican

CongressionalCommittee

RepublicanPolicy

Committee

Majority Leader

Other StandingCommittees

Republican Conference Democrat Caucus

House ofRepresentatives

Legislative Branch

• Speaker of the House– Presiding officer of

the House – Job: acknowledges

speakers, signs bills, appoints committees, calls a vote. Who is the current

speaker of the House?

Legislative Branch

• Bicameralism = Two houses

• A. House of Reps = closer to people

• • Elected by the people

• • Smaller districts

• • 2 year term

• • Entire body elected every 2 years

• • Revenue bills must originate in the house

Legislative Branch• House minority leader

The Minority Leader of the United States House of Representatives serves as floor leader of the opposition party, and is the minority counterpart to the Majority Leader.•The Minority Leader is also the actual head of his or her party in the House

The current House minority leader is Nancy Pelosi. Why does she have the title “minority leader?”

A whip in the House of Representatives manages their party's legislative program on the House floor. The Whip keeps track of all legislation and ensures that all party members are present when important measures are to be voted upon

Majority and Minority Whips

The House of Representatives uses the terms "Republican Whip" or "Democratic Whip" depending on which Party is the majority or minority.

Legislative Branch• President of the Senate

– V.P.– Less power than Senators– Presiding officer but may not speak or debate

• President pro tempore– Resides in V.P.’s absence– Elected by the Senate– Majority Party– Currently: Patrick Leahy

Office Officer State Since

Senate Majority LeaderDemocratic Conference Chairman

Harry Reid Nevada 2007

Senate Majority Whip Richard Durbin Illinois 2007

Vice-Chairman of the Democratic Conference

Chuck Schumer New York 2007

Democratic Policy Committee Chairman Byron Dorgan North Dakota

1999

Democratic Conference Secretary Patty Murray Washington 2007

Democratic Campaign Committee Chairman

Robert Menendez

New Jersey 2009

Office Officer State Since

Senate Minority Leader Mitch McConnell

Kentucky 2007

Senate Minority Whip Jon Kyl Arizona 2007

Republican Conference Chairman Lamar Alexander

Tennessee 2007

Republican Policy Committee Chairman John Thune South Dakota

2009

Republican Conference Secretary Lisa Murkowski Alaska 2009

Republican Campaign Committee Chairman

John Cornyn Texas 2009

Legislative Branch• Majority Leader- Harry Reid• True leader in Senate• Recognized first for all• debates• Leads majority party• Influences committee• assignments• Influences agenda

with Minority leader (Mitch McConnell)

Legislative Branch

• Bicameralism = Two houses• Senate designed to be removed from the• people• • Originally elected by state legislatures• • Elected on an at large basis• • 6 year terms• • 1/3 up for election every 2 years = more• continuity and stability

Political Party Breakdown

Democrat-

Republican-

Independent-

Can you tell what the diagrams are representing? (House or Senate)

Legislative Branch• Compensation• Members set own salary (27th amendment =raise

takes effect next term)• Perks: travel allowance,

staff, office space, franking privilege, insurance• Legislative immunity: A law

that protects legislators from liability in a civil lawsuit for duties that they performed within their office's jurisdiction

•Cannot be arrested or detained while going to or from a session of Congress

Officers of the Legislative Branch

• Floor leaders: – majority and minority in the House and

Senate– Legislative strategists

• Committee Chairmen– Heads of standing committees– Chosen by majority– Usually by seniority rule

Committees in Congress

• Standing committee: permanent groups which all similar bills could be sent. (Ex. Budget committee)

• Select committee- a special group set up for a specific purpose for a limited time. (ex. Senate Watergate Committee)

• Joint Committees- members from both houses.

Committees in Congress

• Informal groupings- Black caucus, democratic study group, House Republican study group, pro-Life caucus, etc.

• Conference Committee- temporary joint body to iron out different versions of a measure

How does a bill become law

• Bills- proposed laws, or drafts of laws presented to the House or Senate for enactment.

• Two types:– Public- measure applying to the nation as a

whole- (tax bills)– Private-only apply to certain persons or

places rather than to the nation generally.

Number of Women in U.S. Congress

0

10

20

30

40

50

60

70

80

90

1917 1927 1937 1947 1957 1967 1977 1987 1997 1998 1999 2011

How a Bill Becomes a Law

The Journey of a Bill

Introduction of the Bill• The bill can come from a

variety of sources:• Individual citizens, • Special interest groups• Corporations,• Non-governmental

organizations (NGOs)• Only a member of

Congress can introduce the bill

• A bill can start in either House.

The Bill is Assigned to Committee• Each House has

standing committees that consider their bills.

• Each committee has a chair (from the Majority) and a ranking member (from the minority).

• They “mark-up” (edit) the bill so it will pass on the floor.

• They can “pigeonhole” or kill the bill in committee.

• The bill must also pass through the House Rules Committee.

The Bill is Reported To the Floor• If the bill is passed by

the committee, it is sent to the whole House for debate and vote.

• The committee has “reported the bill favorably to the floor.”

• The Speaker determines which bills are discussed and for how long.

• Committee chairs and ranking members give out time to debate to other members.

The Bill is Debated and Voted in the House• Bills can be considered

by the whole House at once: called “Committee of the Whole”

• Votes are done electronically in the House, a role call vote.

• A board on the wall shows the tally. Red = oppose. Green = Agree Yellow = Abstain

• Votes can be taken by voice “yeas and nays” or a “teller vote” where members file past the sergeant at arms.

The Bill Goes to the Senate

• The bill is sent to the US Senate. A Senate version is written with the letter S. and a number. House bills have HR.

• As in the House, the bill must be referred to the appropriate standing committee.

• Committees hold hearings and make changes to the bill.

• The committee can ‘report” the bill to the Senate floor.

The Bill is Debated and Voted On in the Senate• The Senate Majority

Leader determines which bills are scheduled, when and for how long.

• As in the House, the bill must be referred to the appropriate standing committee.

• Debate in the Senate is unlimited. Filibusters can be used by the minority to block bills.

• 3/5 (60) of the Senate must agree to end debate (this is called “cloture”)

• The Senate Rules committee is much weaker than the House’s.

Both Houses Must Pass the Bill

• A simple majority in both houses is needed to pass the bill (51%).

• In the House: 218 needed to control the House.

• In the Senate: 51 senators needed to pass the bill (and control the Senate).

Differences Between Houses Must Be Reconciled

• Each house passes its own bill.

• Any differences must be ironed out and made into one bill.

• The bill is considered by a conference committee, made up of both House and Senate members.

• They negotiate and compromise and send the combined bill back to both houses.

• A vote on the “conference report” must be taken and passed by both Houses.

The Bill is Sent to the President• The president can sign the

bill if he wants it to become law.

• He can include “signing statements” that say how the law should be enforced or if parts will not be enforced.

• The president can veto or reject the bill. He must include his reasons and recommendations for correction.

• The president can choose not to act on the bill. If Congress is in session, the bill becomes law after 10 days.

• If Congress is not in session, the bill dies after 10 days. This is called a “pocket veto.”

The Bill Becomes Law

• If the president vetoes the bill, both Houses can reconsider the bill.

• Two-thirds (67%) of both Houses are needed to override the President’s veto.

• In the House: 369 needed for override. Senate: 67.

• If president signs the bill, it is a federal law that each state must follow.

How does a bill become law

• Filibuster: an attempt to “talk a bill to death.” in the Senate.

• Record: Democrat Senator Strom Thurmond: held the floor for 24 hours in an attempt to kill the Civil Rights Act of 1957.

What is a filibuster proof Senate?

Which part of Congress has 100 members, two from each state?

Which part of Congress has 435 members, with the number from each state proportional to the state's population?

The U.S. Congress is a bicameral legislature. What does the word bicameral mean?

Name two powers the legislative branch has over the judicial branch.

Name two powers the legislative branch has over the executive branch.

Some terms to know and apply

SenatorRepresentativeFilibusterTermSessionBicameralUnicameralCommitteeMajorityMinorityWhipImmunityDebate

The Judicial Branch

JusticesJustices• Chief Justice of the United States:

– JOHN G. ROBERTS, JR.• Associate Justices:

– ANTONIN SCALIA– ANTHONY M. KENNEDY– CLARENCE THOMAS– RUTH BADER GINSBURG– STEPHEN G. BREYER– SAMUEL A. ALITO, JR.– SONIA SOTOMAYOR– ELENA KAGAN

The Federal Court System

The Judiciary Act of 1789

Established the federal court system by dividing the country into federal judicial districts, creating district courts and courts of appealsDistrict Courts

94 across the country and US territories• 89 throughout the states according to

population distribution• 1 each in territory

----D.C.----Puerto Rico----Guam----US Virgin Islands----Mariana Islands

Courts of Appeals (aka Circuit Courts)

13 across country

• 12 hear appeals from district courts

• 1 hears appeals from

Special courts like claims court, tax court, etc

Federal agencies like Office of Patents and Trademarks, Civil Service Commission, etc

Appointed by president

• Advisors recommend candidates

• Professional background

• Political/social views

• Collegiate career

Confirmed by Senate

•Judiciary committee holds hearings

•Professional background

•Political/social views

•Simple majority vote

Life terms• Death• Resignation/retirement • ImpeachmentBalance rights of individual vs. common good

Federal Judges

Federal judges are appointed by the president and confirmed by the Senate, this is an example of which principle of government?

Judicial Review

Power to overturn any Act of Congress or executive action the Court deems unconstitutional

Is it in the Constitution? Not specifically stated; however, the Constitution says the Court shall “interpret the law”

United States Supreme Court

Established by Marbury v Madison (1803)Facts of the case: Marbury appointed to federal

judgeship by outgoing Pres John Adams. New Pres Thomas Jefferson tells Sec State Madison NOT to deliver letter of appointment (Marbury can’t take his new job)

• Marbury sued in USSC citing right to do so in Federal Judiciary Act of 1789

• Justices considered both facts of case and law in question

USSC issued opinion:Marbury was legally appointed as fed judge and Sec State Madison should deliver letter BUT the part of the Federal Judiciary Act of 1789 that said the USSC would hear this type of case is unconstitutional.

The Constitution lists specific type cases the USSC has original jurisdiction over. This was not one of them. SO, because that part of law was unconstitutional, Marbury shouldn’t have sued in USSC and USSC doesn’t have authority to make Madison deliver the letter

• Why it matters!!

• Conservative presidents = conservative justices

• Liberal presidents = liberal justices

• Justices serve for years

• Justices interpret the Constitution; set precedent

• Those precedents affect all Americans

Justices are appointed for life terms

A day in the life . . .

Calendar

a. Term: first Monday in October – end of June

b. Sittings: 2-wk sessions when Justices hear cases then retire to decide opinions

Selecting cases

Original jurisdiction cases—must hear these

• State governments vs. state governments

• A Foreign representative is a party in a case

Appellate jurisdiction cases: Justices choose to hear these cases1. Must deal with federal or constitutional issue 2. Must impact a majority of citizens

“Rule of Four”—four of the nine justices must agree to hear the individual case out of the 1000s of cases appealed to them.

Case is on the docket (aka a court’s schedule or calendar)

– Briefs are submitted—written summary of each lawyer’s side of the case

– Justices study lower court proceedings and briefs

Oral arguments

– Each side gets 30 minutes to argue

– Justices get to ask questions

Deliberationsa. Chief Justice summarizes case and main pointb. Group discussion, each presents views

c. Justices vote—simple majority “wins”

The Opinions of the CourtThe Opinions of the Court

Opinions issued a. Written statement explaining ruling and reasons for reaching that decision

Majority opinion: “winning” decision, sets precedent

Concurring opinion: agree with majority opinion but for different reasons

Dissenting opinion (aka minority opinion): disagree with majority opinion

Factors influencing the Court

1. Constitution—fundamental law of US

2. Precedent—are there past similar cases

3. Intent—of the Constitution and law(s) in question

4. Social values—what is the current view of most Americans (will of the people)

5. Personal judicial philosophy—to what extent should justices become involved in setting policy

JUDICIAL PHILOSOPHY: An ongoing “discussion” in American politics about the extent to which justices/judges should involve themselves with setting policy. Judges don’t make laws so how does a judge set policy?

JUDICIAL ACTIVISM: the Jud branch is an equal partner with the Leg and Exec and should be actively involved in interpreting and applying laws. Strong belief in judicial review

JUDICIAL RESTRAINT: the Jud branch should let the Leg and Exec branches set policy and only get involved if that policy is a flagrant violation of Constitution. Not a strong belief in judicial review.*NEITHER VIEW IS LIBERAL OR CONSERVATIVE*

What happens if the Supreme Court rules on a case that the majority of the country and lawmakers are against?

Do we just have to live with it?

Amend the Constitution!!!!!

The mechanism for changing the Constitution, the amendment process, is outlined in Article V.

The Amendment Process

The Amendment ProcessThe Amendment Process• There are two

major steps in the amendment process. First, amendments must be proposed.

The Amendment ProcessThe Amendment Process• Amendments can

be proposed two ways. An amendment can be proposed by the Congress if 2/3 of the members of both Houses vote in favor of it.

The Amendment ProcessThe Amendment Process• The second way is

for 2/3 of the legislatures all states can call for a national convention to propose an amendment.

The Amendment ProcessThe Amendment Process• Once an

amendment has been proposed, it must be ratified to become "valid to all Intents and Purposes, as Part of the Constitution."

The Amendment ProcessThe Amendment Process• First, an

amendment can be ratified if 3/4 of the legislatures of the several states vote in support of it. 38 of the 50 states.

The Amendment ProcessThe Amendment Process

• Congress can direct the states to establish special ratifying conventions to consider proposed amendments. If 3/4 of these conventions approve the amendment, it is ratified and becomes part of the Constitution.

The Amendment ProcessThe Amendment Process• Every amendment

to the Constitution except the 21st has been ratified by voting in state legislatures.

The Amendment ProcessThe Amendment Process• The 21st

Amendment, which repealed the 18th, Congress instructed the states to call for ratification by convention rather than by state legislatures.

The Amendment ProcessThe Amendment Process• Beginning with the 18th Amendment,

Congress has established a seven year time limit on the ratification of amendments, there was no time limit set on the ratification of amendments proposed before that time.

The Amendment ProcessThe Amendment Process• One of the original twelve proposed

amendments was not ratified until 1992, two-hundred and three years after it was proposed by the First Congress. Upon ratification, it became the 27th Amendment to the Constitution.

Categorizing the AmendmentsCategorizing the Amendments

• The first ten amendments are collectively known as the Bill of Rights. For the purposes of this categorization, the 27th Amendment can be included with the first ten because it was proposed by Madison at the same time as the first ten amendments.


• A second set of amendments has specifically addressed the scope of the national government's authority. The 11th Amendment was proposed and ratified in response to a Supreme Court decision regarding sovereign immunity. The 16th Amendment authorized the national government to directly tax the incomes of individuals.


• Three Amendments, the 13th, 14, 15th Amendments, were proposed and ratified shortly after the Civil War aimed at extending civil rights and liberties to former slaves.


• The 12th, 17th, 20th, 22nd, and 25th Amendments have made changes in terms or methods of electing Presidents, Vice-Presidents and Senators.


• Four amendments, the 19th, 23rd, 24th and 26th (the 15th can also be included in this category) expanded the number of persons eligible to vote in national elections.


• Two amendments, the 18th, which prohibited the consumption of alcohol, and the 21st , canceled each other out.

Unsuccessful AmendmentsUnsuccessful AmendmentsSeveral suggested and even formally proposed amendments have been

unsuccessful. These are some of the more

prominent unsuccessful amendments.

Unsuccessful AmendmentsUnsuccessful Amendments

• Limitation on the Size of the House

• Equal Rights Amendment (ERA)

• Balanced Budget Amendment

• Anti-Flag Burning Amendment

• Religious Freedom Amendment

Documents

BRANCHES OF GOVERNMENT. Separation of power Three separate branches: executive, judicial, and legislative. The three branches are distinct and have checks