The Federal Government;Chapter 4, Section 2

Political ideas and major events shape how people form governments. The Constitution provided for a United States government that was set up as the

three equal branches with different responsibilities.

The Legislative Branch● Main idea: The legislative branch (Congress) is

responsible for making the nation’s laws.○ Powers:

■ Make the laws■ “Lay and collect taxes”

○ House + Senate = Congress■ House of Representatives = 435 voting members (states) + 5

nonvoting members (territories) and is proportional to states’ population, > 25 years old, 2 year terms

■ Senate = 100 senators (2 per state), > 30 years old, serve 6 year terms, elections staggered

The Role of Congress(1)Make Laws(2)Control government spending: Congress must

appropriate funds and create all tax and spending bills (start in House, approved by both)

(3)Checks & Balances: watch over actions of executive branch and investigate abuse of power--House may impeach any federal official AND Senate may ratify treaties made by president and confirm appointments

(4)Responsible for representing constituents (they promote/protect YOUR interests)

Congress at Work● Thousands of bills introduced in Congress, sent to committees

○ Standing committees are permanent committees (House and Senate) who help Congress to study bills on particular topics, and then sent to subcommittees■ Temporary committees deal w/ issues

requiring special attention○ Sometimes form joint committees between

House and Senate to form compromises on big issues■ Conference committee tries to work out

a compromise acceptable to both houses

The Lawmaking Process and Committee Action

1. Bill drafted2. Introduced in either house and referred to committee3. Committee meeting and markup

a. Can be rejected (“pigeonhole”)b. Can be set aside without reviewc. Can be prepared for consideration and given a public hearing

4. Reported & debated (floor action)5. Rejected or Voted on by either house6. Goes to joint committee to compromise7. Voted on again by BOTH house8. Goes to President to veto or sign

a. If Vetoed, goes back to Congress and can be overridden with 2/3 vote in each houseb. If signed, it becomes a law

1. List the basic steps of how a bill becomes a law.2. What the difference between a joint committee and a

conference committee? How are they similar?3. Why do you think the Framers wanted more than a simple

majority to override a veto?

The Executive Branch

● Main idea: The executive branch carries out the laws made by the legislative branch.○ Consists of President, VP,

Executive Offices/Departments, and Agencies

Titles of the President(1) Chief Executive: responsible for carrying out

the laws (with assistance)(2) Chief Diplomat: directs foreign policy,

appoints ambassadors, and negotiates treaties (with 2/3 vote from Senate)

(3) Commander in Chief: can use military to intervene or offer assistance both domestically and abroad, and use military to control serious disasters BUT cannot declare war (Congress’ job)a) Can send troops abroad for 60 days (any

longer and Congress must approve)

(4) Chief of State: symbolic role as representative of all Americansa) Receives foreign heads of

state/ambassadorsb) Visit foreign nationsc) Bestow honors

(5) Legislative Leader: sets goals for Congress by proposing laws to Congress and working to see that bills are passeda) State of Union (speech) shares

goals with people

The Executive Branch at Work

● Consists of…○ Executive Offices…overseen by

the White House Chief of Staff○ Departments…like the

Department of the Defense○ Agencies…that support various

programs like NASA■ Independent agencies, like

Postal Service

What is the Cabinet?● Departments responsible for

various areas of government○ Department of State (plans

foreign policy)○ Department of the Interior

(protects public lands and natural resources)

● Headed by “secretaries”, help make decisions and set policy

1. What is the president’s cabinet?2. Why did the Framers give only to Congress, not the president,

the power to declare war?3. Why do presidents have the power to commit troops for at

least 60 days?

The Judicial Branch

● Main idea: The Supreme Court and a number of lesser courts make up the judicial branch.○ The Supreme Court + Lower Courts = Judicial Branch○ Make sure laws are followed and that laws are fair

■ Created in Article III■ 1789 Judiciary Act added district courts to federal court

system and Congress added appeals or circuit courts

Lower Federal Courts● District Courts

○ Hear criminal (kidnapping, federal tax evasion) and civil (if law is constitutional etc) cases that go beyond state authority

○ Tried with a judge and jury○ 94 District Courts in US

● Appeals Courts○ Reviews district court decisions if losing side asks for review

○ Can overturn decision or go to retrial

○ 14 total in US

The Supreme Court● Led by Chief Justice

○ John Jay first in 1789● 9 members since 1869 (varied from 4

to 9)● Duties developed from laws; must

hear and rule on cases● Decisions:

– Which cases to hear– Decide on the case itself– Determine explanation of decision

Judicial Review● Power to examine laws and actions of local, state,

and national government and cancel any laws that violate the Constitution○ Came from Marbury vs. Madison under John Jay

● Can also review presidential policies○ Ex parte Milligan; everyone must follow law

(even presidents) at all times (war and peace)

Reviewing State Laws● Significant in regards to Court’s activity at federal level

○ ex: reviewing cases involving segregation in schools● 1896 Plessy V. Ferguson = segregation was

constitutional, separate but equal● 1954 Brown V. Board of Education = parents of Linda

Brown sued school district because black children were not getting same quality education--separate is NOT equal, this overturned the Plessy v. Ferguson decision

John Marshall● Served in BOTH House and Senate (at different

times), was in the president’s cabinet (secretary of state under John Adams), and was Supreme Court chief justice (ruled on Marbury v. Madison)○ Wow!

● Oldest of 15, from Virginia, fought in Revolution (as a Patriot)○ Liberty or Death on his shirt

1. How was the court system set up?2. Why are there fewer appeals courts than district courts in the federal

judicial system?3. What problems might arise if the court had an even number of

justices?4. Can Congress or the president force the Supreme Court to hear a

particular case? Why/not?5. Why would Supreme Court justices need to have good writing skills?6. List three responsibilities of the president.7. Does the Constitution describe the duties of the Supreme Court?

How have these duties developed?

For next time...14th Amendment9th Amendment5th Amendment1st Amendmentnaturalizationdue processcitizenduty vs. responsibility