Unit 3: Three Branches of Government

1. Unit 3: Three Branches of Government

2. The Legislative Branch U.S. Congress

3. U. S. Congress • As specified in the Great Compromise, Congress is bicameral—two houses • Senate • House of Representatives • A term is 2 years long • Each year is called a session • They meet Jan-Nov/Dec • Ex. We are in the 113th Congress, 1st session

4. U. S. House of Representatives • Has 435 members that are apportioned to states based on population. • Apportion = to distribute, divide out and share • To figure out how many each state gets, there is a census every decade. • Each state is guaranteed at least 1, no matter how small a population • Seven states are represented by a Member-at-Large: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming

5. Congressional Districts • State legislatures divide states into districts of the same number of Constituents—the people who are being represented • Gerrymandering: an oddly shaped district to get a particular group more votes • Named for Elbridge Gerry, an old Gov. of MA, whose supporters made sure he won by drawing a district that looked like a “salamander.”

6. Leaders in Congress • For both Houses: • The political party with over half of house members is called the majority party, the other is the minority party. • Each party chooses its own leaders each term.

7. House of Reps. Leadership • Led by the Speaker of the House • The chosen leader of the majority party, though both parties must approve • Steers legislation, leads debates • 3rd in line to the Presidency • Currently John Boehner (BAY-ner) • Other leaders: both parties have floor leaders (majority & minority leaders) and “whips” who assist them.

8. Serving in the House • Serve for a 2-year term • Qualifications: • Age: 25 years old • Residency: live in the state you represent • Citizenship: at least 7 years

9. Who’s our Rep? • Rep. David E. Price (Dem) • District 4

10. U.S. Senate • 100 members • 2 per state (both represent the whole state) • Serve for 6 year terms • 1/3 of the Senate is elected every 2 years • Currently Richard Burr and Kay Hagan

11. Senate Leadership • Presided over by the Vice President • Only votes in a tie • President pro tempore is the acting leader • President “for the time being” • Traditionally the most senior majority party member is elected. • Currently Patrick Leahy • The Senate also has majority & minority leaders

12. U.S. Senate • Qualifications • Age: 30 years old • Residency: live in the state you represent • Citizenship: at least 9 years

13. U. S. Congress: Backgrounds • Tend to be male, white, wealthy • 19% are women • 8% are African American • Have a law (over half) or business career background • Are “joiners”

14. U. S. Congress: Salary and Privileges • $174,000 per year • Speaker: $223,500 • Party Leaders & Pres. pro tem: $193,400 • Office space, parking, trips home • Franking privilege: send mail for free

15. Committees • To handle the volume of bills (proposed laws) each house of Congress divides into committees

16. Investigate, debate & report on legislation (and other things to do with Congress) • Not mentioned in the Constitution, but have been around since the first Congress

17. Types • Standing committees: permanent committees • 20 in the House; 20 in the Senate • Some have subcommittees • Select committees: have a specific timeline to complete a specific task (ex. investigating government activity) • Joint committees: both House and Senate participate; about Congress itself, not bills.

18. Committee Assignments • Party leaders make the assignments based on preference, expertise and seniority • Seniority: how long a member has served • Most senior committee member of majority party is usually the chairperson • Problems or issues with this? • David E. Price (NC 4th) • U.S. House Committed on Appropriations • Subcommittee on Homeland Security • Subcommittee on Transportation, Housing and Urban Development, and Related Agencies • Subcommittee on Military Construction and Veterans Affairs • House Democracy Partnership

19. Powers of Congress

20. Expressed powers • Are clearly enumerated (listed) in the Constitution in Article 1 section 8 • Include: collecting taxes, coining and borrowing money, raising a military and regulating foreign trade

21. Implied powers • Not listed in the Constitution • Congress can do what is “necessary and proper” to carry out its duties • This phrase is also known as “the Elastic Clause”

22. Non-legislative powers • The most imported job of Congress is to legislate (make laws) BUT, they do other things too: • Propose Constitutional amendments • Senate approves Presidential nominees • House impeaches (accuse) officials; the Senate holds the trial to remove them

23. Limits on Congress

24. Limits • Can’t favor one state over others • Can’t interfere with states’ rights (reserved powers) (as long as the state isn’t doing anything illegal itself) • Can’t do anything against the Constitution (including amendments) • Ex. Law that limits freedom of speech = bad

25. Writ of habeas corpus • A court order that requires police to bring a prisoner to court to explain why they are holding them • Congress may not suspend these orders

26. Bills of Attainder • Congress is banned from passing laws that punish a person without a jury trial Ex post facto laws • Congress may not pass laws that make an act a crime after it has been committed.

27. Congress at Work • Lawmaking • Casework: Helping their constituents (people from their home districts) deal with the federal government • Ex. A person asks for help with Social Security. • Helping their state & district • Public works: Congress passes appropriations bills for post offices, dams, military bases etc. • Pork-barrel projects: government projects & grants that help the home state/district • Ex. Getting a contract to provide military uniforms

28. From Bill to Law • Anyone can have an idea for a bill, but only a member of Congress can introduce it. • Lobbyists: people hired to represent interest groups to influence lawmakers • After being assigned a title & number, it is sent to the correct standing committee

29. The committee has several options to deal with the bill

30. Debating a Bill • When the committed has approved of a bill it is debated by the full House or Senate on the floor • In the House, only amendments to the bill itself are allowed, the Senate allows “riders” (unrelated amendments) to be added. • The House has the Rules Committee that sets time limits on debates (think about the number of people involved)

31. The Senate does not ! This may cause debates to stretch out • Filibuster: when a Senator “talks a bill to death,” delaying voting until the sponsor withdraws the bill • To end a filibuster, Senators may vote for cloture (3/5 vote) which limits all speakers to 1 hour Strom Thurmond, senator from SC, holds the record for longest lone-man filibuster—24 hours 18 minutes, to oppose the  Civil Rights Act of 1957

32. Voting on a Bill • Members vote by voice, standing or by name • The bill passes by simple majority vote • It is then sent to the other house and goes through the whole process all over again! • If a different version of the bill is passed, the houses hold a conference committee to fix it. • After the bill is passed it goes to the President, who can sign or veto the bill (more on that later) • If the President vetoes Congress can override the veto by 2/3 vote in each house.

33. State Legislative Branch:N. C. General Assembly

34. N. C. General Assembly • Meets in Raleigh • Make laws for the state of North Carolina • Bicameral Legislature-Senate and House of Representatives

35. N. C. General Assembly Job Description • Makes laws • Examine government operations (oversight) • Propose amendments to NC Constitution • Approve the governor’s appointments • Can impeach and remove officials • Approve the state budget *All of these are also things Congress does for the US.

36. States are prohibited from: • Article 1, sec. 9 of the U.S. Constitution limits states • States CANNOT • Make treaties • Coin money • Tax exports • Have an army or navy • Engage in war (unless directly attacked) • Other than these limits & going against federal law, the General Assembly can make laws about just about everything else in N.C.!

37. N. C. General Assembly: Qualifications • Senate: 25 yrs old, qualified to vote in NC, live in the district represented for 1 yr, NC resident 2 yrs • House: 21 yrs old, qualified to vote in NC, live in the district represented for 1 yr

38. N. C. House of Representatives • Leader: Speaker of the House • Terms: 2 years • Number of Members: 120 Thom Tillis

39. N. C. Senate • Leader: Lt. Governor • Acting Leader: President Pro Tempore • Terms: 2 year • Number of Members: 50 (1 from each district) Phil Berger

40. N. C. General Assembly: Terms & Sessions • A term is 2 years • Each year is called a session: • Long Session: Odd years—Jan-July/August • years the budget is written • Short Session: Even years—May-July • revise the budget • Salary: $13,951 a year

41. The Executive Branch The President

42. The Executive Branch • 3 Formal Qualifications • Age: At least 35 years old • Citizenship: Natural born citizen • Residency: Resident of the US for the last 14 years • Background • Race: White Males (Rich) • Religion: Protestant Christians • Jobs Before Presidency: Lawyers • States represented: Largely populated

43. Term of Office • Length of term: 4-year term (Washington set this precedent) • 22nd Amendment: limits each president to 2 elected terms or a maximum of 10 years (if they finished less than half of some else’s term & were elected on their own twice) Salary and Benefits • Annual Salary: $400,000 per year, plus $50,000 for expenses • Benefits/Perks: Lives in White House, use of Camp David, fleet of special cars, helicopters (Marine One), airplanes (Air Force One)

44. Electing the President • Every 4 years • Next presidential election: • Tuesday, November 8, 2016 • Electoral College – Constitution established it to elect the president (the people do not directly elect the president)

45. # of states votes = # of Reps + 2 Senators (D.C. gets as many as the smallest state—3) • To win, a candidate needs 270 of 538 electoral votes • If they don’t the House of Reps votes • 48 states use the “winner-takes-all” system • Whichever candidate gets a majority of popular votes gets ALL of the electoral votes for that state

46. Votes by State

47. Vice President • Elected by the electoral college with the President. • Qualifications: same as president • Job: Constitution gives the VP little power • Head of Senate: votes in a tie • Assists the president • Presidential Succession • 1st in line if the president dies, is removed from office, becomes seriously ill, resigns, etc.

48. 25th Amendment • 8 presidents have died while in office & 1 resigned… • If the president dies or leaves office, the VP becomes president • The new president chooses another VP (approved by Congress) • Also gives the VP the job to determine if the President is unable to do the job

49. Presidential Succession • In1947, Congress passed the Presidential Succession Act to spell out the order:

50. The President’s Job • Job: To execute (enforce or carry out) the laws passed by Congress. • Article 2 outlines other powers: • Veto (reject) bills • Call Congress into special session • Serve as Commander in Chief of the armed forces • Receive leader of other countries • Make treaties (with Senate approval)