U.S. National Government

1. U.S. National Government Lesson 5, Chapter 6

2. EXECUTIVE BRANCH

3. What is the function of the executive branch? • The president heads the executive branch. • The presidency is the top political job in the country. • The president is considered to hold the most important job in the world. Lesson 5, Chapter 6, U.S. National Government

4. What are the requirements for the presidency? • To become president, a person must be • At least 35 years old • A native-born American citizen • A resident of the United States for at least 14 years • Most U.S. presidents have shared certain characteristics. • Only in the past few decades has the presidency become a possibility for a broader group of Americans. Lesson 5, Chapter 6, U.S. National Government

5. How is the president elected? • Presidential elections take place every four years. • The Constitution did not provide for direct popular election of the president. Lesson 5, Chapter 6, U.S. National Government

6. How is the president elected? (cont’d) • To elect a president, the United States uses an indirect method called the Electoral College. • Each state appoints electors. • They will vote for one of the major candidates. • When people vote for a candidate, they are voting for the electors pledged to that candidate. Lesson 5, Chapter 6, U.S. National Government

7. How is the president elected? (cont’d) • Each state has as many electoral votes as the total of its U.S. senators and representatives. • The Electoral College includes 538 electors. • To be elected president or vice president, a candidate must win at least 270 electoral votes. • The formal election by the Electoral College takes place in December. Lesson 5, Chapter 6, U.S. National Government

8. How is the president elected? (cont’d) • Presidents serve four-year terms. • Originally, Constitution had no term limits. • The Twenty-Second Amendment, ratified in 1951, now limits each president to two elected terms in office. A maximum of 10 years total time in office is permitted. • The president receives a salary and benefits. Salary is $400,000 per year. Upon completion of term a former president receives $200,000 per year retirement pay. Lesson 5, Chapter 6, U.S. National Government

9. How is the vice president elected? (cont’d) • Vice president is elected with president through Electoral College. • Same qualifications as presidency • Constitution gives little authority to vice president • Becomes president if president dies, is removed from office, is seriously ill, resigns Lesson 5, Chapter 6, U.S. National Government

10. What are the rules for presidential succession? • Original wording of Constitution for presidential succession unclear • 1947: Presidential Succession Act • 1967: Adoption of 25th Amendment to answer remaining questions • Amendment has been used only three times. Lesson 5, Chapter 6, U.S. National Government

11. JUDICIAL BRANCH

12. What is the function of the judicial branch? • Federal courts make up the third branch of the U.S. government: the judicial branch. • Courts use the law to • Settle civil disputes • Decide on guilt or innocence of people accused of crimes Lesson 5, Chapter 6, U.S. National Government

13. What is the function of the judicial branch? (cont’d) • In a civil dispute, two sides come before a court. • Two private parties • A private party and the government • The United States and a state or local government • Each side presents its position. • The court uses the law to make a decision in favor of one side or the other. Lesson 5, Chapter 6, U.S. National Government

14. What is the function of the judicial branch? (cont’d) • Courts also hold criminal trials. • Witnesses present evidence. • Jury or judge delivers verdict. • Our legal system is based on the ideal of equal justice under the law. Lesson 5, Chapter 6, U.S. National Government

15. What is the basic structure of the federal court system? • Founders created the federal court system in Article III of the Constitution. • Established a national Supreme Court • Gave Congress power to establish lower federal courts • Congress has created two kinds of lower courts. Lesson 5, Chapter 6, U.S. National Government

16. What is the basic structure of the federal court system? (cont’d) • Today, federal court system has three levels: • Supreme Court • Appeals courts • District courts • Federal court system exists alongside 50 separate state court systems. Lesson 5, Chapter 6, U.S. National Government

17. What types of cases are heard in federal courts? • Federal courts have jurisdiction over • Cases involving the Constitution • Violations of federal laws • Controversies between states • Disputes between parties from different states • Suits involving the federal government • Cases involving foreign governments and treaties • Cases based on admiralty and maritime laws • Cases involving U.S. diplomats Lesson 5, Chapter 6, U.S. National Government

18. What types of cases are heard in federal courts? (cont’d) • For most of the areas just described, federal courts have exclusive jurisdiction. • State courts have jurisdiction over all other matters. • Most court cases involve state law. • Rarely, a case can be heard in either a state or federal court—concurrent jurisdiction. Lesson 5, Chapter 6, U.S. National Government

19. What is the function of U.S. district courts? • Most federal cases are handled in the 94 district courts. • All federal cases must begin in a district court. They have original jurisdiction. • District courts try both criminal and civil federal cases. Lesson 5, Chapter 6, U.S. National Government

20. What is the function of the U.S. courts of appeals? • U.S. courts of appeals • Also known as federal appeals courts, circuit courts of appeals, or appellate courts • Review decisions of lower district courts • Circuit courts (12) each cover a specific area. • A thirteenth appeals court has nationwide jurisdiction to hear special cases. Lesson 5, Chapter 6, U.S. National Government

21. What is the function of the U.S. courts of appeals? (cont’d) • Appeals courts do not hold trials. • They may decide an appeal by • Upholding the original decision • Reversing the decision • Remanding the case Lesson 5, Chapter 6, U.S. National Government

22. What is the function of the U.S. courts of appeals? (cont’d) • Appeals-court judges do not decide • Guilt or innocence of defendant in criminal case • Which side should win in a civil lawsuit • Appeals-court judges do decide • Whether defendant’s rights have been protected • Whether defendant received a fair trial Lesson 5, Chapter 6, U.S. National Government

23. What is the function of the U.S. courts of appeals? (cont’d) • In most cases, the decision of the appeals court is final. • When an appeals court makes a decision, one judge writes an opinion for the court. • Detailed explanation of legal thinking behind decision • Sets a precedent within district Lesson 5, Chapter 6, U.S. National Government

24. How are federal judges selected? • Federal judges are chief decision makers in judicial branch. • More than 550 judges preside over district courts. • Each appeals court has 6–27 judges. • Supreme Court has 9 justices. Lesson 5, Chapter 6, U.S. National Government

25. How are federal judges selected? • President appoints federal judges, with approval of Senate. • President usually follows senatorial courtesy. • Applies mainly to selection of judges for district courts and other trial courts • Federal judges may have their jobs for life, unless they are removed through impeachment. Lesson 5, Chapter 6, U.S. National Government

26. What is the function of the Supreme Court? (cont’d) • When choosing nominees, president considers • Likelihood of candidate’s approval by Senate • Opinions of Justice Department officials • Opinions of American Bar Association, interest groups, other Supreme Court justices Lesson 5, Chapter 6, U.S. National Government

27. Which other court officials work in each federal judicial district? • Clerks, secretaries, court reporters, probation officers, and other workers help judges. • Each district court has magistrate judges. • Every federal district also has • U.S. attorney and one or more deputies • U.S. marshal Lesson 5, Chapter 6, U.S. National Government

28. What is the function of the Supreme Court? • Supreme Court’s main job is to decide whether laws are Constitutional. • Supreme Court has original jurisdiction in • Cases that involve diplomats from foreign countries • Cases in which a state is involved • In all other instances, Supreme Court hears cases on appeal from lower district courts or federal regulatory agencies. Lesson 5, Chapter 6, U.S. National Government

29. What is the function of the Supreme Court? (cont’d) • The Supreme Court is not required to hear all cases presented to it. • The Supreme Court has final authority in cases involving • The U.S. Constitution • Acts of Congress • Treaties with other nations • The Supreme Court’s decisions are binding on lower courts. Lesson 5, Chapter 6, U.S. National Government

30. What is the function of the Supreme Court? (cont’d) • The Supreme Court is made up of eight justices led by one chief justice. • Justices’ main duty is to hear and rule on cases. • Chief justice has additional duties. Lesson 5, Chapter 6, U.S. National Government

31. What is the function of the Supreme Court? (cont’d) • Senators: President should have fairly free hand in appointing new justices. • But Senate has also rejected many presidential nominees because of • Doubts about qualifications • Legal philosophy of nominees Lesson 5, Chapter 6, U.S. National Government

32. What is the function of the Supreme Court? (cont’d) • Supreme Court justices are always lawyers. • Political support and agreement with president’s ideas are important. • Thurgood Marshall • First African American justice • Sandra Day O’Connor • First female justice Lesson 5, Chapter 6, U.S. National Government

33. Landmark Cases of the Supreme Court • Marbury v. Madison - Judicial Review - 1803 • Dred Scot v. United States - Slaves and Property - 1857 • Brown v. Board of Education - 1954 • Gideon v. Wainwright - Right to Council - 1963 • Miranda v. Arizona - Rights upon Arrest - 1966 http://library.thinkquest.org/2760/cases.htm http://www.archives.gov/education/lessons/brown-v-board/ brown v. board short video – media http://www.youtube.com/watch?v=TTGHLdr-iak#

34. Lesson review • Function of the legislative branch • Make new laws • Address issues facing the country • Typical session of Congress lasts from January until November or December. • May also meet for a special session or a joint session Lesson 5, Chapter 6, U.S. National Government

35. Lesson review (cont’d) • Two parts of Congress • House of Representatives • Senate • House of Representatives • Larger body: 435 voting members • Members allotted to states according to population Lesson 5, Chapter 6, U.S. National Government

36. Lesson review (cont’d) • Senate • 100 members, 2 from each state • Each senator represents entire state • Terms of 6 years • Elections staggered Lesson 5, Chapter 6, U.S. National Government

37. How many votes are needed? • To pass with 2/3’s majority in Senate? • 2/3 of 100 = ?? • To pass with 2/3’s majority in House? • 2/3 of 435 = ?? • To pass both Senate and House? • 2/3 of 535 = ?? • To pass ¾ of states? • ¾ of 50 = ?? Lesson 5, Chapter 6, U.S. National Government