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STRUCTURE & FUNCTION of FEDERALISM

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. FEDERALISM, SEPARATION OF POWER, CHECKS & BALANCES.

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STRUCTURE & FUNCTION of FEDERALISM

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  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, Expressed, Exclusive, or Delegated (Federal) Reserved (States) Concurrent (Shared by both or all levels) • 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 and Balances -system designed to have the separate parts of government watch over each other. -Executive- Can veto laws, and appoints judges -Legislative- approves Presidential appointments, and can override vetoes -Judicial- can declare laws unconstitutional

  4. CHECKS & BALANCES

  5. 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 – ex State of the Union Address

  6. 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, determines the number each state gets. Constituents – people who vote in an election Gerrymandering – dividing a state into odd-shaped districts for political reasons HOUSE OF REPRESENTATIVES

  7. 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

  8. 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. CONGRESSIONAL LEADERS

  9. 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

  10. Congressional Rules and Terms • The House has more rules because it is bigger! >4x bigger • House has time limits on debate. • Senate does not have time limits on debate. • Filibuster: senators can talk as long as they have the floor with no time limit. This tactic is used to delay a vote on a bill usually by the opposing party. • Cloture vote: 2/3 vote by the rest of the senators to stop the filibuster. • There are more than 5,000 bills introduced into Congress each year and only 535 members of Congress. • Bill: a proposed law/piece of legislation. • The bulk of the work of Congress is done in Committees. • Congressional Committees: assigned by category and do the initial review of all bills. • Examples: House Appropriations committee, Senate Armed Services Committee, Senate Committee on environment and public works. Etc • Standing Committees: permanent committees. • Select Committees: temporary committees • Joint Committees: Committees involving members of both houses. • Conference Committee: When members of both houses meet to work out differences between 2 similar bills in each house so it can be sent to the President.

  11. Powers of Congress(Money, Trade, & Foreign Policy) Taxes • Tax Bills – Revenue Producing bills Begin in the House (Why?) • Power of the Purse • 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)

  12. 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.

  13. Powers Denied to CongressArticle 1, section 9 • Suspend the Writ of Habeas Corpus • Pass a Bill of Attainder • Pass an Ex Post Facto Law • Tax Exports

  14. HOW A BILL BECOMES A LAW

  15. The President’s Options • Sign the bill: it becomes law! • Veto the bill: the bill is dead. (Congress can revive it with a 2/3 vote) • Not Sign it and do nothing: bill becomes law in 10 days. (president’s way of letting it pass but not officially supporting it) • Pocket Veto: President doesn’t sign the bill, and if within 10 days Congress has adjourned the bill dies.

  16. EXECUTIVE BRANCH BASIC INFORMATION CONSTITUTIONAL REQUIREMENTS • 35 years old • Natural Born Citizen • Live in US 14 Years TRADITIONAL Similiarities • 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 (Starts w/Sec. of State)

  17. 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)

  18. 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

  19. 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

  20. 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 (restrictions) & Embargoes (Stop trade)

  21. 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

  22. 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

  23. 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.

  24. 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

  25. 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

  26. 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

  27. 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.

  28. 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.

  29. 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 (serves almost the same purpose as the VP except at the state level) Term Length – 4 Years, elected separately from the Governor (Unlike Pres/VP) 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.

  30. 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) State v. Mann (1830)- Slave owners had absolute authority over their slaves and could not be found guilty of committing violence against them. Leandro Case (1997) – ruled that the state constitution does not require equal funding of education. State tests are used to determine funding. (Booo)

  31. 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. (Income 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.

  32. 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.

  33. 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.

  34. 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.

  35. GOVERNMENT FINANCES Local Government Budget • Expenditures utilities (water, sewage) public safety public schools public health mental health social services • Revenues – Where the money comes from user Fees (water, sewage) property tax- #1 source of Revenue for local gov intergovernmental revenue

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