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This text explains the framework and structure of the three branches of the US government at the national level, including the legislative, executive, and judicial branches. It defines key terms such as popular sovereignty, limited government, separation of powers, checks and balances, and federalism. It also discusses the powers and responsibilities of the legislative branch, the role of the executive branch, including the president's powers, and the functions of the judicial branch, including judicial review.
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Starter • Define the following terms: • Popular sovereignty • Limited government • Separation of powers • Checks and balances • federalism
Objective 2.02 Explain how the United States Constitution defines the framework, organization and structure of the three branches of government at the national level.
The Legislative Branch • Established by Article I of the Constitution • House of Representatives • Based on population • Two year terms • Senate • Two per state • Six year terms • At first were elected by state legislatures, but now by people- 17th Amendment
North Carolina’s US Senators Kay Hagan Richard Burr
Born in Lumberton, NC Our US Congressman- House of Representatives- NC District 7
Powers and Responsibilities • Both houses must approve a bill (proposed law) before it becomes a law • Some powers are possessed by only one house • House: tax bills • Senate: block or confirm presidential nominees • To guard against corruption • Members can be censured or expelled
Law-making • Congress is broken down into committees • These committees hear and debate laws before the entire House or Senate votes on them • The may kill a bill before it has a chance • Both political parties serve on them, but the chairman usually has seniority • Filibuster • Once a bill gets to the Senate floor anyone may delay its vote- if they don’t like it • Filibuster may be ended by cloture: 3/5 vote of all senators (60 out of 100) • Members of Congress have immunity
Congressional leadership • Speaker of the House- leader of House • Vice president- leader of the Senate • President pro tempore (president of the Senate) serves if the VP is absent • Majority and Minority leaders of the two parties (Republicans and Democrats) • Majority and minority whips- help with voting • Ensure everyone votes the way the party wants them to
Limits • Congress can’t suspend Writ of Habeas Corpus- going before the judge before being locked up • Can’t pass bills of attainder- convict people without a trial • Can’t pass ex post facto laws- making something illegal if there was no law against it • May not grant titles of nobility
Executive Branch President Barrack Obama VP Joe Biden • President Barack Obama
Executive Branch • Established by Article II • Serves a four year term • There was no limit on terms until 1951 (22nd amendment) • Now can only serve two terms • The President is: • Head of state- figure head of our nation • Commander in chief- keeps civilian control of the military • Chief diplomat- meets with leaders of other nations • Can negotiate treaties with other nations- must be approved by the Senate • Chief executive- appoints members to his Cabinet or federal judges • Must be approved by the Senate • Legislative leader- proposes law for Congressional consideration • Economic leader- makes the nation’s budget • Party leader- the head of their political party
Presidential Powers • Executive agreements with other nations • These do not need Senate approval • Veto- refusing to sign a bill into law • Executive orders- carry the force of law • Tell government agencies to take certain actions • Pardons- excuse people from punishment • Commute sentences- shorten jail time • Reprieve- delay a jail sentence
President • Gives the State of the Union speech • every January to Congress • Presidential succession • Who becomes President if he can’t serve? • The VP, then Speaker of the House, then President pro tempore- 26th amendment • Impeachment- • process by which the president is removed from office if he goes against the Constitution • House impeaches, Senate holds trial (2/3 must find him guilty) • Only two were impeached, none were convicted
Judicial Branch • Established by Article III • US Supreme Court- 9 justices (judges) • Chief Justice is the head judge • The other eight are associate judges • They serve for life • Congress creates all other federal courts
Jurisdiction- ability to hear a case • Original Jurisdiction- court’s authority to hear a case • Appellate jurisdiction- court’s authority to review a decision from a lower court • Concurrent jurisdiction- more than one court (state or federal) has jurisdiction • Exclusive jurisdiction- only the federal court system has authority to rule
Court’s Main Power • Judicial Review • Not granted specifically by the Constitution • Power to declare acts of Congress unconstitutional • Founded by court case Marbury vs. Madison • Precedence- past court decisions are used to make legal rulings