STRUCTURE & FUNCTION of FEDERALISM

1. Federalism, Separation of Power, Checks & Balances Legislative Branch - Congress Executive Branch – President Judicial Branch – Supreme Court NC State Government NC Local Government STRUCTURE & FUNCTION of FEDERALISM

2. FEDERALISM, SEPARATION OF POWER, CHECKS & BALANCES • Federalism – System of Government in which the Federal (National, Central) Government shares power with the states. Powers… Enumerated (Federal) Reserved (States) Concurrent (Shared by both) • Separation of Power – Dividing powers between 3 Branches of Government. Branches… Legislative – Makes Laws Executive – Enforces Laws Judicial – Interprets Laws • Checks & Balances – Powers given to each branch over the other 2 branches (checks) to balance the power & protect citizen’s rights.

3. CHECKS & BALANCES

4. LEGISLATIVE BRANCH - CONGRESS CONGRESSIONAL TERMS • 2 Years in Length • Currently the 113th Term of Congress CONGRESSIONAL SESSIONS • Regular Session – Must Meet once a Year (January 3 – December) • Special Session – President Calls – Times of Crisis • Joint Session – State of the Union Address

5. BASIC INFORMATION Term Length – 2 Years Requirements for Members 25 years old 7 year US Citizen Resident of the State 435 Members Based on State Population Changes w/ Census (10 yrs) VOCABULARY Census – Population Count Constituents – people who vote in an election Gerrymandering – dividing a state into odd-shaped districts for political reasons HOUSE OF REPRESENTATIVES

6. SENATE BASIC INFORMATION • Term Length – 6 years (1/3 every 2 years) • Requirements for Members 30 years old 9 year US citizen Resident of the State • 100 members • 2 per state

7. HOUSE OF REPRESENTATIVES Speaker of the House – Chosen by the majority party Majority Leader – Leader of political party with most seats Minority Leader – Leader of party with fewer seats Majority Whip – From majority party – job is to get majority members to support party legislation. Minority Whip – From minority party – job is to get minority members to support party legislation. SENATE President – VP of the US President Pro Tempore – Usually the most senior member of the majority party Majority Leader – Leader of political party with most seats Minority Leader – Leader of party with fewer seats Majority Whip – From majority party – job is to get majority members to support party legislation. Minority Whip – From minority party – job is to get minority members to support party legislation. CONGRESSIONAL LEADERS

8. Powers of Congress(Money, Trade, & Foreign Policy) Taxes • Tax Bills – Begin in the House (Why?) • Authorization Bill – Creates a Project. • Appropriations Bill – Provides $ for a Project. Trade • Commerce Clause – gives Congress power to regulate foreign & interstate trade. (air traffic, railroads, trucking, radio, television, air pollution, stock market) Foreign Policy • Powers dealing with other countries. (declare war, oversee army & navy, approve treaties, regulate trade)

9. Powers of Congress(Non-Legislative Powers) • Amending the Constitution – propose 2/3 of Congress • Counting Electoral Votes – If no 270 – House votes • Impeachment Process – House Impeach; Senate holds trial (removal/punishment) • Oversight – Review presidential actions, and how well laws are enforced. • Investigation – Investigate executive/judicial actions.

10. Powers Denied to Congress • Suspend the Writ of Habeas Corpus • Pass a Bill of Attainder • Pass an Ex Post Facto Law • Tax Exports

11. HOW A BILL BECOMES A LAW

12. EXECUTIVE BRANCH BASIC INFORMATION CONSTITUTIONAL REQUIREMENTS • 35 years old • Natural Born Citizen • Live in US 14 Years • TRADITIONAL REQUIREMENTS • White Males (Except Obama) • Protestant (Except JFK) • College Educated (Many) GENERAL • 4 year term • 2 term limit (10 year maximum) (except FDR) • $400,000 yearly – life PRESIDENTIAL SUCCESSION • Vice-President • Speaker of the House • President Pro Tempore • Cabinet Members

13. ELECTORAL COLLEGE • Purpose – Officially Elects the President & Vice-President NUMBERS • 538 Total • 270 to win • Each State – Equal to total members in Congress • Winner Take All – Majority of Votes in a State – Takes all Electoral Votes. (Except 2 States)

14. ROLES & POWERS OF THE PRESIDENT Chief Executive • Enforce laws passed by Congress • Issue Executive Orders • Create Budget Commander-in-Chief • Head of Armed Forces • Call out troops • War Powers Act – report to Congress within 60 days Chief Diplomat • Enter into Treaties • Make Executive Agreements • Appoint Ambassadors Chief of State • Meet with foreign dignitaries • Throw out first baseball • Easter Egg Hunt • Symbolic Leader • Legislative Leader • Introduce legislation • State of the Union Address • Party Leader • Lead political party • Support members running for office • Economic Leader • Prepare the Federal Budget

15. Foreign PolicyNation’s overall plan for dealing with other countries Goals of Foreign Policy • National Security – ability to keep nation safe from attack • International Trade - provide markets to sell goods • Promote World Peace • Promote Democracy

16. Foreign PolicyNation’s overall plan for dealing with other countries Executive Agencies & Departments • Department of State • Department of Defense • CIA • National Security Council Foreign Policy Vocabulary • Treaty – formal agreement between two or more nations. President enters into treaties, must be approved by Senate. • Executive Agreement – agreement between President and the leader of another country. • Ambassador – appointed by President to represent US in another country. • Foreign Aid – money, food, or military assistance given to another country. • Limitations – Trade Sanctions & Embargoes

17. IMPEACHMENT PROCESS • Impeachment – The process of bringing formal charges against a public official. According to the Constitution, any public official, including the president, can be impeached and removed from office for treason, bribery, or serious misconduct. 2 Steps of the Impeachment Process • House of Representatives – must pass by a majority vote the “Articles of Impeachment”. • Senate – Chief Justice of the Supreme Court presides over the Senate acting as a court. A 2/3 vote of Senators is required to remove an official from public office. 3 Historical Examples • Andrew Johnson (Tenure of Office Act) Impeached, not removed • Richard Nixon (Watergate Scandal) Resigned before Impeachment • Bill Clinton (Perjury) Impeached, not removed

18. JUDICIAL BRANCH BASIC INFORMATION Types of Cases • Civil – involves a lawsuit filed (plaintiff), and (defendant) court decides responsibility • Criminal – involves a crime committed. (Plaintiff = government) v. (defendant = accused) Judges • Appointed by the President • Approved by 2/3 of the Senate • Serve Life Terms

19. JURISDICTION • Jurisdiction – a court’s authority to hear a case 4 Types of Jurisdiction • Original Jurisdiction – a court’s authority to hear a case first. • Appellate Jurisdiction – a court’s authority to hear appeals. • Exclusive Jurisdiction – federal courts have authority to hear cases. • Concurrent Jurisdiction – both state and federal courts can hear cases.

20. US DISTRICT COURTS Jurisdiction • 94 Courts in the US – At least One in every State • Original Jurisdiction – Hear Cases first • Types of Cases – Civil, Criminal • People Involved – Judge, 12 Jurors, Plaintiff, Defendant • Decisions – Responsible, Not Responsible, Innocent, Guilty • Responsible or Guilty – Have Right to Appeal

21. US CIRCUIT COURTS • 12 Courts Nationwide + 1 Federal Circuit • Appellate Jurisdiction – Hear appeals from District Court • Types of Cases – Criminal & Civil • People Involved – 3 Judges, Plaintiff, Defendant • Decisions – Uphold, Overturn, Remand • Uphold – May appeal to the Supreme Court

22. US SUPREME COURT • 1 Supreme Court • Jurisdiction – Original, Appellate • Types of Cases – Disputes between states, involving ambassadors, admiralty/maritime law, appeals dealing with Constitutional Issues • People Involved – 9 Supreme Court Justices, Plaintiff, Defendant • Decisions – Uphold, Overturn, Remand • Written Opinions – Majority, Concurring, Dissenting

23. NC State Constitution State & Federal Government Similarities - Preamble - State Powers - Bill of Rights - Gov Responsibilities - Framework of Gov - Provision for Local Gov - 3 Branches of Gov - Amendment Process Constitutional Principles - Popular Sovereignty - Separation of Power - Checks & Balances - Amendment (flexibility) NC Constitution • Constitution of 1776 – created a bicameral legislature, executive headed by governor and a Council of State, and a court system. • Constitution of 1868 – US Congress required all former Confederate States to rewrite Constitution. All men 21 years or older could vote, regardless of race. • Constitution of 1971 – Freedom of Speech and equal protection added.

24. NC General Assembly (Legislative Branch) LEGISLATIVE BRANCH – General Assembly – Make the Law Statute – a law passed by the state government. House of Representatives Senate Members 120 50 Term Length 2 years 2 years Qualifications 21 years old 25 years old district 1 year 2 years in NC district 1 year Legislative Sessions – odd # years = long session – January to June. even # years = short session – begins in May and lasts 6 weeks. Governor may also call special sessions. Law Making Process – very similar to US Congress. Override veto only requires 60% of both houses.

25. NC Executive Branch EXECUTIVE BRANCH Governor – Enforce the Law Term Length – 4 Years – 2 consecutive term limit Qualifications – 30 years old, live in US 5 years, live in NC 2 years Lieutenant Governor Term Length – 4 Years Qualifications – 30 years old, live in US 5 years, live in NC 2 years Duties - President of the Senate, serves on various boards & commissions. Executive Departments Cabinet – 10 members appointed by the governor Council of State – 8 members elected by the people of NC. Operate independently of the Governor.

26. NC Judicial Branch JUDICIAL BRANCH Interpret the Law District Court – civil cases < $10,000; misdemeanors, domestic, juveniles – judges elected 4 year terms Superior Court – civil cases> $10,000; felonies, appeals of misdemeanors – judges elected 8 year terms Court of Appeals – 3 judges per case; appeals except the death penalty – judges elected 8 year terms Supreme Court – 7 justices; appeals – first appeal of death penalty – judges elected 8 year terms Landmark Court Decisions Bayard v. Singleton (1787) – family property seized by state law for being a loyalist. Appeals court ruled law unconstitutional (judicial review – state gov) Leandro Case (1997) – ruled that the state constitution does not require equal funding of education.

27. GOVERNMENT FINANCES State Budget Process Fiscal Year – (July 1 – June 30) Budget – Begins July 1 of odd-numbered year – June 30 of next odd-numbered year. Revenue - $ the state government has to operate. (Taxes, fees, etc…) Expenditures - $ the state government will spend on programs. Balanced Budget – Expenditures = Revenue Governor – prepares budget for two fiscal years. General Assembly – must pass the budget. Propose ways to raise revenue & cut expenditures. Often they do not pass budget by July 1.

28. LOCAL GOVERNMENT • Types of Local Government – County & Municipality • Municipality – a city, town, or village with an organized government and the authority to make and enforce laws. (State General Assembly grants charter) • Ordinance – a law passed by a local government. • Zoning – designating different areas of land for different uses. • residential – housing • commercial – business (retail, etc…) • industrial – factories • Annexation – incorporating land into a municipality.

29. COUNTY GOVERNMENT County Government County Commissioners – voters elect commissioners (3-11). Chairperson – may be elected or chosen by commissioners. County Commissioners are responsible for the following… • Hire administrators for education, elections, mental health, public health, social services, alcoholic beverage control, and soil and water conservation. County Manager – Hired by the County Commissioners. Responsible for budget. LEA – Local Education Authority • Voters elect a school board to carry out state education policy.

30. MUNICIPAL GOVERNMENT Municipality Government • Each municipality elects a governing board. (City Council, Town Council, Board of Commissioners, Board of Alderman) • Elections (At Large, by Ward, or Mixture) • Pass Ordinances – municipal policies, approve budgets, set municipal tax rates, regulate what people can do in the municipality. Mayor-Council Plan • Usually elected, not always. In this system the mayor serves as the executive. Carries out policies, budget, etc… Council-Manager Plan • Governing board hires a professional called a “manager”, to carry out policies. This is how Kernersville, W-S, etc… operate.

31. GOVERNMENT FINANCES Local Government Budget • Expenditures utilities (water, sewage) public safety public schools public health mental health social services • Revenues user Fees (water, sewage) property tax intergovernmental revenue