Government in The United States

1. Government in The United States How It Works ….. Why It Works ….

2. Key Concepts • Limited Government • Democratic Republic

3. Basic Constitutional Principles • Preamble of the Constitution • List the purpose of the federal government under the Constitution • Establishes justice • Provides for national defense • Secure the blessings of liberty

4. Basic Constitutional Principles • Popular Sovereignty • The power of the government comes from the people • This is reflected in the Preamble “we the people” • Americans exercise this power by choosing their own representatives for elections

5. Basic Constitutional Principles • Federalism • This is a system for sharing power between the state and national governments

6. Basic Constitutional Principles • Separation of Powers • The separation of the three branches of government •  Legislative: Power to make the laws (Congress) • Executive: The power to enforce the laws (President) • Judicial Review: The power to interpret the laws • (Supreme Court)

7. The Three Branches

9. Legislative Branch • Congress • Bicameral legislature • The Senate • The House of Representatives • Makes the laws

10. The Senate • 100 Members (currently, not originally) • 2 Senators for each state (no matter the size) (Article I, Section III) • 6 year term; no term limits • Ratify treaties • Approve Presidential appointments

11. The Senate • Conduct impeachment trials (Article I, Section III) • Must be 30 years of age • Must be a U.S. citizen for 9 years • Vice President is head of the Senate & votes only in the event of a tie

12. The House of Representatives • 435 Members (currently, not originally) • Representation for each state is based on population • The Census organizes the House of Representatives every 10 years • 2 year term; no term limits

13. The House of Representatives • Must be 25 years of age and a citizen for at least 7 years • Impeaches federal officials (Article I, Section II) • Introduces spending bills (Article I, Section VII) • Selects President if the Electoral College fails to do so

15. Checks and Balances • Keeps any one branch from becoming too powerful • Direct clashes are rare but do happen • Veto, override, declare law unconstitutional • Prevents the majority from having too much power

16. Congressional Checks • No term limits – can outlast the President • Controls budget • Can refuse to consider legislation • Can override vetoes • Can refuse to approve Presidential appointments • Can declare war

17. The Executive Branch • The President must be 35 years of age & a naturally born citizen • Serves 2 terms of 4 years (XXII Amendment changed this, 1951) • Has the ability to enforce laws made by Congress • Commands armed forces

18. The Executive Branch • Conducts foreign relations; negotiates treaties • Nominates Supreme Court Justices subject to Senate confirmation • Can veto a bill passed by Congress (can be over ridden by 2/3 of Congress) • Must ask Congress for a declaration of war • Has power to select own cabinet without input from Congress (Article II, Section II)

19. The Cabinet • Creation of George Washington • Designed to provide the President with advice on policy • Most members of the cabinet also have administrative duties • Has grown over years as government has become more complex.

20. Executive Branch

21. Sequence of Presidential Succession1.   Vice-President2.   Speaker of the House3.   President Pro Tempore of the Senate4.   Secretary of State5.   Secretary of the Treasury6.   Secretary of Defense7. Homeland Security8.   Attorney General9.   Secretary of the Interior10.   Secretary of Agriculture11. Secretary of CommerceEtc.

22. Electing the Executive • Electoral College •  The members of the Constitutional Convention did not fully trust the common people to elect the President; feared “mobocracy” • Set up special electors to pick the President • Indirect Democracy

23. Electing the Executive • 270 Electoral College Votes to become President (currently) • Electors equal the number of members in the House and the Senate • If no candidate receives the required votes, the House picks the president

24. Presidential Checks • Propose Laws • Veto Laws • Appoints Judges

25. How a Bill Becomes a Law

26. President Congress Regular Pocket Total Overridden T. Roosevelt 57th–60th 42 40 82 1 Taft 61st–62nd 30 9 39 1 Wilson 63rd–66th 33 11 44 6 Harding 67th 5 1 6 — Coolidge 68th–70th 20 30 50 4 Hoover 71st–72nd 21 16 37 3 F. D. Roosevelt 73rd–79th 372 263 635 9 Truman 79th–82nd 180 70 250 12 Eisenhower 83rd–86th 73 108 181 2 Kennedy 87th–88th 12 9 21 — L. B. Johnson 88th–90th 16 14 30 — Nixon 91st–93rd 26 17 43 7 Ford 93rd–94th 48 18 66 12 Carter 95th–96th 13 18 31 2 Reagan 97th–100th 39 39 78 9 G.H.W. Bush1 101st–102nd 29 15 44 1 Clinton 103rd–106th 36 1 37 2 G. W. Bush until 2006 107th–108th — — — — Veto UseIn The 20th Century

27. Removal of the President • Only can be removed from office for ‘high crimes and misdemeanors’ • Impeachment – House of Representatives determines if there is sufficient evidence to warrant a trial • Trial – Senate is jury, Chief Justice is judge, conviction requires a 2/3 vote

28. Andrew Johnson William J. Clinton Richard Nixon

29. The Judicial Branch Judiciary Act of 1789 Establishes Federal Court System, District and Appellate Levels

30. Judicial Branch • The U.S. Supreme Court is our highest court • Judicial Review was established • Interpret Constitutionality of laws • 9 Judges (1 Chief Justices and 8 Associate Justices) • Justices serve a term of life

31. Judicial Branch • President must appoint them and Senate must approve them • The court establish the power of the federal government over the state governments • John Marshall served as Chief Justice from 1801 to 1835 and believed in federal supremacy • Established principle of judicial review

32. John Marshall • Federalist • Served in Revolutionary War • Served in Congress and as Sec. Of State • Served as Chief Justice 1801-1835, youngest Chief • Established Court as an independent and influential branch of government • Established Judicial Review 1755-1835

33. Early Supreme Court Cases • Marbury v. Madison - 1803 • Dartmouth v. Woodward - 1819 • McCulloch v. Maryland – 1819 • Gibbons v.Ogden - 1824 All while John Marshall was Chief Justice

35. Types of Government Power • All powers granted to the states are known as reserved powers • Those specifically granted only to the federal government are known as enumerated powers • Matters over which both the federal and the state governments have control are known as concurrent powers

36. Types of Government Power • The Tenth Amendmentprovides that the federal government has only the powers expressly designated, known as delegated powers to it by the Constitution, and the states control all other matters- unless the Constitution explicitly prohibits the state from exercising that power

38. Power Denied

39. Living Document • Amendments • Elastic Clause • Court Decisions

40. The Amendment Process • The Constitution has the ability to change with time • The process to add and change amendment is a difficult one • Three quarters of state approval is needed to approve an amendment • 2/3 approval in Congress

42. Flexibility • Elastic Clause (Article I, Section VIII) •  This expands the powers of the federal government by giving what ever additional powers needed to carry out the law • “necessary and proper” • These are important powers to the government

43. The Elastic Clause • "Necessary and Proper“ - The necessary and proper clause allows the federal government to make laws necessary to utilize other powers. powers. Implied Power Examples InterstateCommerce  Control of airlinesControl of airwavesControl over broadcast signals

44. The Unwritten Constitution • The government today relies on many practices that developed after the Constitution was put into effect • The Cabinet: The Constitution gave the President power to appoint people to help assist him in his daily duties. • Political Parties: The Constitution does not specifically mention political parties, although they play a significant role in this governmental system.

45. The Unwritten Constitution • The Congressional Committees: Thesehelp Congress select the most important bills out of the thousands proposed. • Judicial Review: The Supreme Court has the power to interpret all federal and state laws to determine if they are Constitutional; a result of theMarbury v. Madison case