2nd Quarter PPT Presentations

Chapter 6 Lesson 1The First Amendment

Guaranteeing Civil liberties

• Civil liberties are the Freedoms we have to think and to act without government interference or without fearing that we will not be treated fairly.• The First Amendment protects five basic freedoms which include

Freedom of Religion, Freedom of Speech, Freedom of the press, Freedom of Assembly, and freedom to petition the government.

What is Freedom of Religion

• First Amendment protects freedom of religion in 2 ways:• 1: Congress cannot establish an official religion for the country.• 2: People can practice their faith in the way that they want.

What is Freedom of Speech

• Free Speech is the ability to state our opinions in public or private without having the fear of being punished by the government.• Free Speech covers what we say in meetings, conversations, speeches

and lectures, words spoken in radio and television broadcasts.

What is Freedom of the Press

• Due to the Freedom of the press, the government cannot censor any news reports.• Censorship means banning printed materials or films because they

have alarming or offensive ideas.• The government cannot prevent information from being published or

broadcast.• The press refers to printed materials such as books , newspapers,

magazines, radio, television, and the internet.

What is Freedom of Assembly

• The right to assemble or gather in groups for any reason as long as it’s peaceful. Examples include meetings, rallies, celebrations and parades.• Also we have the right to join or form any clubs, political parties, labor

unions and other groups.

What is the Freedom to petition

• The right to send petitions to the government.• Petition is a formal request for the government to act.• For example, having a written statement that hundreds or thousands

of people sign.• A petition gives us the right to express ourselves in government such

as making a complaint towards something.

Limits on Civil Liberty

• The right of one individual must be balanced with the rights of others.• Example: one is free to campaign for causes but at the same time one

may disturb your neighbors with loud speakers.• If one spreads lies in a speech it’s called Slander.• If one spreads lies in print, it’s called Libel.

Landmark Supreme Court Cases: Tinker vs Des Moines School District• In 1965, high School Sophmores Christopher Echhardt, John Tinker

and Mary Beth Tinker wore black armbands in order to protest the Vietnam war.• The following students were suspended as a result for creating a

disturbance.• There parents protested the suspensions in Federal court.• On February 24,1969 the Supreme court ruled in their favor and were

protected under the first amendment. • As a result students in the future would be entitled to freedom of

expression of their views.

Chapter 6 lesson 2 Other Bill of Rights Protections: The Fourth Amendment

• The fourth , Fifth, Sixth and Eighth Amendments protects the rights of the accused, people officially charged with Crimes.• The Fourth amendment protects us against unreasonable searches

and seizures.• The officer must have Probable Cause, strong reasons to think that

the person or property was involved in a crime.• After this they need a search warrant, a court order allows officers to

search a person’s home , business , or other property and take certain items that are listed in the warrant as evidence.

What is the Fifth Amendment?

• States that no one can be tried for a serious crime without an indictment.• Indictment is a document issued by a body called a grand jury that

formally charges someone with a crime. • Someone who is indicted is not necessarily guilty. A trial will

determine this.• The fifth amendment prevents putting people on trial more than once

for the same crime.• Double Jeopardy is putting someone on trial for a crime for which he

or she was previously found innocent.

What is the Fifth Amendment?

• The fifth Amendment also protects an accused person’s right to remain silent.• Self-incrimination states that people cannot be made to testify

against themselves.• Due Process is the idea that laws have to be followed appropriately.• Eminent Domain is the right that the government has to take private

property (land) for public use.

What is the Sixth Amendment?

• The sixth amendment requires that persons be clearly told what the charges are against them.• One has the right to a trial by jury where one can choose to be tried

by a judge only.• Trial should take place in the community where the crime is

committed.• The Supreme court also said’s that if accused, one has the right to a

lawyer by paying for it or the government provide one for free.

What is the Eighth Amendment?

• The Eighth Amendment states that the accused may have the choice to remain free if they pay bail.• Bail is sum of money used as a security deposit.• When the accused comes to court for a trial, the bail is returned.• If they don’t show up, they lose the money.• Punishment should always reflect the crime committed. Ex: stealing a

loaf of bread, jail time for life.

What is the Second Amendment?

• The Second Amendment states the right that people have to bear arms.• Federal and State governments have the right to determine who can

and cannot own a firearm.

What is the Third Amendment?

• The Third Amendment states that when there is no war, soldiers may not stay in people’s homes without permission of the home owner.

What is the Seventh Amendment?

• The Seventh Amendment is related to civil cases. • Civil cases are cases that are related disputes about money that is not

less than $20.00• The jury in these types of cases listens to the evidence and considers

the facts presented.

What is the Ninth Amendment?

• The Ninth Amendment states that all other rights that are not stated in the constitution are still retained or kept by the people. • Citizens have other rights that are not specified and it doesn’t mean

that they can be taken away.

What is the Tenth Amendment?

• The Tenth Amendment states that the power of the national government is limited. • The amendment is intended to prevent Congress and the president

from becoming too strong. • The United states only has the power the people give it.

Chapter 6 lesson 3 Furthering Civil Liberties:Civil War Amendments?

• Seventeen Amendments have been added over the years. Three of them were made to give more rights to African Americans.• Slavery divided this country between the Northern and Southern

states.• In the Northern states, slavery didn’t exist. In the Southern states,

slavery was abundant. As a result 11 southern states tried to leave the Union and form a new country.• From 1861 to 1865 the North and South fought in a war called the

Civil war. The south lost the war and as a result slavery was eliminated.

What is the Thirteenth Amendment?

• The thirteenth Amendment was the first of Civil war amendments. This amendment abolished slavery in 1865.• This Amendment also banned forced labor(forcing someone to work).• The only legal forced labor was a punishment to those who commit a

crime.• This is why prisoners can be made to work in prison workshops and

when people break the law, they can be made to complete community service.

What is the Fourteenth Amendment?• African Americans didn’t have any full rights yet.• Southern states passed the black codes which are laws that kept

African Americans from holding certain jobs, gave them few property rights.• The fourteenth Amendment was passed in 1868 that protected

African Americans from these laws.• REFER to PAGE 187 for Amendments 11-27.

What is the Fifteenth Amendment?

• This was ratified in 1870 and it says that no state may deny a person the right to vote because of race.• This amendment guarantees Suffrage which is the right to vote. This

amendment was aimed at African American men. • With the addition of new amendments came more power to the

people.

What is the Seventeenth Amendment?• Ratified in 1913, it allowed for voters to elect their senators directly

instead of being chosen by state legislatures.• This gave Americans a greater voice in government.

What is the Nineteenth Amendment?• In the 1840’s Elizabeth Cady Stanton and Susan B. Anthony

campaigned for women suffrage.• This was ratified in 1920, which protected women’s rights in relation

to voting in all national and state elections.• The territory of Wyoming gave women for the first time the right to

vote in 1869.

What is the Twenty-third Amendment?• D.C. stands for the district of Columbia. It’s located between Maryland

and Virginia. • People were not able to vote in national elections.• This amendment changed this in 1961.• This allowed people to vote for the president and vice president.• D.C. also got the same number of electoral votes as the smallest state.

What is the Twenty-fourth Amendment?• Many southern states required a Poll Tax which is a fee people had to

pay to vote.• Many African Americans and poor whites could not afford to pay this

tax.• In 1964, poll taxes became illegal in national elections. In 1966, poll

taxes became illegal in state elections.

What is the Twenty-Sixth Amendment?• Before 1971, the voting age was at 21. • In 1971, the voting age was lowered to 18 years old. • As a result, you can register or sign up to vote once you turn 18.

Chapter 7 lesson 1: Structure of Congress• Congress is a two part or bicameral body made up of the Senate and

the House of Representatives. • In the Senate, each state has an equal number (2) of representatives.• In the House of Representatives, the number of representatives in

each state depends on the population of each state.• Every year, 535 of the representatives gather in Washington D.C. to

discuss issues in our country.

Terms and Sessions

• Each house in Congress have terms of two years which start on January 3rd.• Congress has 2 sessions per year. They can also meet during special

sessions or times of crisis.• A joint session happens when the house of representatives and the

senate meet together.

The House of Representatives

• The House of Representatives have 435 voting members that are divided among the states depending on their population.• Due to this, a Census or population count is taken by the Census

Bureau.• Congress then adjusts or changes the number of representatives

given to each state based on the results.• One representative is elected by the voters of each district. • Constituents are people represented.

The House of Representatives

• Legislatures are the ones that draw district lines. If district lines are drawn to favor one political party over another, this is called Gerrymandering.• The house of Representatives have six non-voting members. One

represents D.C. and the five others represent island territories.

The Senate

• The Senate has 100 members that include all 50 states.• Only 1/3 of senators are up for re-election while 2/3 of them stay in

their positions to maintain stability.• A senator may die or resign before the end of his or her term.

Congressional Leadership

• In both the House and the Senate, the political party that more than half the members belong to are called a Majority party.• The other half of the members are considered part of the Minority

party.• Each political party chooses it’s leader called the majority or Minority

leader. An assistant leader is called a “Whip”.

Top leadership in the House of Representatives• In the House of Representatives, the leader is called the Speaker of

the House.• The speakers guides legislation(process) through the house and leads

floor debates.• If something were to happen to the president or vice president, the

speaker is next in line to become president if they are qualified to do so.

Top leadership in the Senate

• In the Senate, the presiding officer (Vice president) runs the sessions and keeps order.• The Vice president can vote in the Senate only when there is a tie.• The temporary officer that fills in for the Vice president when he is

not in is called the President Pro tempore.

Types of Committees

• Congress has many types of committees in order to handle thousands of bills or proposed laws.• Each house in Congress has many different committees set up.• Seniority are the years of service in a certain field of study.

Chapter 7 lesson 2: Powers of CongressLegislative powers & Implied powers

• The powers that Congress have are called the expressed or enumerated powers.• Congress has the power to do whatever is necessary and proper to

carry out it’s expressed powers.• Implied powers are powers that are not stated directly in the

Constitution but can be understood that Congress has them.• Elastic Clause means that Congress stretches it’s powers to meet new

needs or issues.

Lawmaking powers(Legislative)

• Most of the powers of Congress are related to making laws.• Congress specifically has the power to require people to pay taxes and

to print money.• Congress also has the power to create a postal service and a Federal

court system.

Nonlegislative Powers

• Are powers that congress has that are not related to making laws.• One nonlegislative power is the ability of Congress to suggest amendments to

the constitution.• The senate has the power to approve or reject the presidents nominees for

various offices such as Supreme Court Justices, federal judges, and ambassadors.• The house of representatives has the power to impeach or accuse officials of

misconduct in office.• The Senate needs to have a two-thirds vote to remove an official out of office.• Two presidents(Andrew Johnson and Bill Clinton have been impeached in U.S.

history). In both cases, the Senate found them not guilty(acquitted).

Limits on Congressional Powers

• The purpose of the Bill of Rights was to limit or deny certain powers to the Federal/National government.• Congress cannot block the Writ of Habeas Corpus (legal rights of

individuals) except if there is a rebellion or invasion to protect public safety.• Also Congress cannot pass bills of Attainder which are laws that

punish a person without a trial.• Congress also cannot pass laws called ex post facto which are laws

declaring that an act is a crime after the act has been committed.

Limits on Congressional Powers

• The supreme court can declare laws passed by congress to be unconstitutional.• The president can say veto or say no to bills passed by congress.• Congress also has a check on the power of the president.• If both the house and Senate can get a two thirds(2/3 or 66%) vote,

they can override a president’s veto.

Chapter 7 lesson 3: How Congress Works

Requirements and Benefits• To run for senator, you must meet the following requirements:• 1) must be at least 30 years old, 2) live in the state you plan to

represent, 3) be a U.S. citizen for at least nine years.• To run for the house of representative, you must meet the following

requirements:• 1) must be at least 25 years old, 2) live in the state you plan to

represent, 3) be a U.S. citizen for at least seven years.• Out of the 200 members of congress, 2/5 of these were lawyers.• There is even a mix of occupations in congress such as farmers ,

doctors, homemakers, former members of the armed forces.

Requirements and Benefits

• The average age of a Senator is 62 and the house members have an average age of 56.• The average salary of Congress members is 174,000.• The average salary of American families is estimated at 50,000.• Some privileges that Congress members have are free office space,

free parking, and free trips to their home states, free life and health insurance.• Franking privilege is when senators and representatives send job

related mail without paying postage.

Congressional Staffs

• Members of Congress have personal staffs, which are workers who gather information on new bills and issues.• These workers deal with news reporters and Lobbyists, which are

people who represent interest groups (any voluntary association that seeks to publicly promote such as corporations, charitable organizations, civil rights groups, neighborhood associations , etc ).• Members of Congress hire students as volunteers deliver messages

and run other errands which are called interns.

Agencies of Congress

• Library of Congress is an important source of information for members of Congress and their staffs. • The Government Accountability Office( GAO) suggests ways to

improve how the government spends money.• The Congressional Budget Office (CBO) provides information needed

by Congress to develop the governments budget.

Congress at work

• The basic job of Senators and representatives is to represent the people of their states and districts by putting into action citizens interests and concerns.• Members of Congress are often called lawmakers.• They act as investigators and thinkers by studying issues to

understand them and to try to come up with ways to address them.• When they propose a law, they take the role of Writer. Once the bill is

written, it has to be promoted. They are also evaluators, in which they examine proposed bills.

Doing Casework and helping one’s district or state• Casework is when members of congress help people from their home

districts when dealing with the federal government.• Casework helps lawmakers to get reelected because it increases

popular support.• Pork-barrel projects are projects funded by government spending

that mainly benefit the home district or state.• Construction work brings jobs and money into a state or district

sometimes for a period of several years.

Chapter 7 lesson 4: How a bill becomes a law: Types of Bills• Congress is a legislature and therefore it’s major job is to pass laws.• 10,000 bills are proposed for new laws every year and only a few

hundred actually become a law.• The process of a bill becoming a law is long and difficult on purpose in

order for bills to be considered carefully.• Private bills concern individual people or places.• Public bills apply to the entire nation and involve general matters such

as taxation or farm policy and highway building.• Joint resolution are passed by both houses of Congress and do become

law if they are signed by the president.

From bill to law

• Ideas for new bills come from three main sources: Private citizens, president, and special interest groups.• Special interest groups are organizations made up of people who

share common interests.• A bill can only be submitted by a member in Congress.

Committee Action

• After a bill is introduced in Congress, it’s sent to a committee.• The committee can take any 1 of 5 reactions:• 1) pass the bill • 2) make changes to the bill and then pass it and send it to the House

or Senate.• 3) replace the original bill with a new bill on the same subject • 4) Pigeonhole the bill which means to ignore the bill and let it die in

committee.• 5) kill the bill outright by having a majority vote against it.

Debating a Bill

• Bills approved of in committee are then considered by the full house and Senate.• Members of Congress argue the pros and cons of a bill.• The Senate allows for riders which are completely unrelated

amendments to be added.• In the House, members have a time limit to speak.• In the Senate, because it’s smaller, they can speak for as long as they

want. They may do this in order to filibuster a bill or talk a bill to death.

Debating a Bill

• The goal of a filibuster is to delay a vote which the bill then can be withdrawn or taken out.• The senate can end a filibuster if three-fifths of the members vote for

a cloture, which means no senator can speak for longer than an hour.

Voting Vetoes

• After a bill is debated, it is brought to a vote. There are three ways that this is done in the House of Representatives.• 1)Voice Vote is when those in favor of the bill say “Aye” and those

against it say “No”.• 2) Standing Vote is when those in favor and then not in favor of a bill

stand to be counted.• 3) Recorded Vote is when votes are recorded electronically.

Voting Vetoes

• After a bill is debated, it is brought to a vote. There are three ways that this is done in the Senate.• 1) Voice Vote, 2) standing vote, 3) roll-call vote which is when senators

respond “Aye” or No as their names are called.• If a bill passes in one house, it is sent to the other. If either the house or

senate reject it, it dies.• After a bill is approved in both houses, it goes to the president. The

president may either sign it and declare it a new law.• The president may refuse to sign the bill or veto it. The president may

also do nothing for 10 days. If congress is in session or active at the time, the bill becomes a law.

Voting Vetoes

• A pocket veto is when legislation is killed in an indirect way(congress adjourns or finishes). • If the president vetoes a bill, Congress has one final chance to save it.• Members of Congress can override the veto by having a two-thirds

vote of each house.• From 1789 to 2010, congress has overridden only 109 out of 2,560

vetoes.

Chapter 8 lesson 1: The President and Vice President: Office of the

president• The President is the head of the Executive Branch.• A president or vice president must meet the following 3 requirements:• 1) must be at least 35 years old• 2) must be a native born citizen• 3) he or she must live in the U.S. for at least 14 years.• So far presidents have been male, Protestant Christians, have college

education, lawyers, and came from states with large populations.• In 2008, Barack Obama became the first African American president.• Two women in the past have ran for vice president. On both occasions

they lost.

Electing a President

• The President is elected by a Electoral College. Each state and D.C. have a certain number of electors. The number of electoral votes is equal to the number of senators and representatives that we have.• D.C. has three of them. There are 538 members in the Electoral college.• In most states, political parties nominate electors at their state party

conventions or by committee. • On the day of the general election in November, the voters in each state

choose the electors.• Electors names show up below the name of the candidates running for

president.

Electing a President

• The candidate who wins the most popular votes in the state gets all of it’s electoral votes.• To win a presidential election, a candidate must win more than half of

the 538 electoral votes(270). • It is possible for no candidate to win the majority vote. If this happens,

the house of representatives chooses the president in which each state has one vote.• The results are not official until the Electoral college votes in December.

The electors meet in each state capital to cast their votes.• In January, Congress counts the electoral votes and a candidate is

officially declared the winner of the election.

Terms of Office, salary and Benefits, the vice president

• Presidents serve four year terms. Franklin D. Roosevelt in 1940 broke this tradition and ran for a third term.• This led to the Twenty second Amendment in 1951 which limits the

president to two terms.• The president is paid 400,000 per year. President lives and works in the

white house.• The president also has access to Camp David and Air force one.• The Vice president is also chosen by the Electoral College. The VP leads

the Senate.• The VP becomes president if the president dies, removed from office,

becomes sick or resigns.

Presidential Succession Act

• This act was passed in 1947, which established a line of succession which means officials are expected to succeed or come next to an office. • Look at the graph on page 230.

Twenty-fifth amendment

• If the president dies or leaves office, the vice president becomes president and a two way process begins:• 1) the new president names someone to the office of VP• 2) the Senate and the House of Representatives must then vote to

approve of this choice.• The twenty fifth amendment gives the Vice president a role in

deciding whether a president is disabled and cannot do the job.• If this happens, the VP becomes the acting president until the

president can come back to work(e.g. surgery).

Chapter 8 lesson 2: The President’s powers and Roles: Presidential powers • The president is the head of just one of the three branches of

government(Executive Branch).• President is a symbol of both the federal government and the entire

nation.• The president’s main job is to execute or carry out the laws passed by

congress.• The president’s powers are the following: • He or she can veto or reject bills passed in Congress.

The President’s powers and Roles: Presidential powers • He or she can call Congress into special session.• He or she serves as commander in chief of the armed forces.• He or she receives leaders and other officials of foreign countries.• He or she can make treaties with other countries which need Senate approval• He or she names the heads of executive agencies, judges of the Federal court, ambassadors,

and other top government officials.• He or she can pardon or reduce the penalties against people convicted of federal crimes

(threatening a federal public official, interstate drug trafficking, bank robbery, hijacking trucks in interstate commerce, skyjacking, using U.S. Mails for any criminal purpose, and counterfeiting)

• Each year the president gives the state of union address(most important issues in country and his or her plans to address them).

Presidential Roles: Chief Executive

• The president’s most important role is to carry out the nations laws.• One tool that the president uses to carry out the law is an executive

order which is a rule or command the president gives out that has the same force and power as a law.• Another power of the chief executive is to name people as justices

and judges of federal courts.• Justices serve for life and are chosen typically if they share similar

views with the president.

Presidential Roles: Chief Diplomat, Head of State• Pardon declares freedom and forgiveness from punishment.• Reprieve is an order that delays punishing a person until a higher court

can hear the case.• Amnesty is a pardon for a large group of people.• As Chief Diplomat, the president leads foreign policy of the United

states which relates to behaving towards other countries.• Ambassadors are officials that represent the U.S. government in other

nations.• As Head of State, the president greets leaders from other countries

when they visit the U.S.

Presidential Roles: Commander in Chief• The president is commander in chief of the nations armed

forces( army, navy , etc)• The president and Congress share the power to make war.• Congress has the power to declare war.• Only the president has the power to order troops into battle.• Congress has declared war 5 times in history and Iraq was never one

of these situations. Regardless president Bush in 2003 ordered troops to invade Iraq.

Presidential Roles: Legislative leader

• Congress expects the president to propose new laws.• The president will then meet with key senators and representatives to

try to convince them to support the proposed laws that he or she suggests.• The president represents the whole nation while members of

congress represent their states or districts.

Presidential Roles: Economic leader

• Voters expect the president to deal with lack of jobs, rising prices, and high taxes.• The president is in charge of setting the federal government’s budget.

He or she will meet with budget officials and decide what programs to support and what programs to cut back.

Presidential Roles: Party leader

• The president is the leader of his or her political party( Democrat, republican).• The president gives speeches to help fellow party members who are

running for office as members of congress , governors and mayors.

Landmark Supreme Court Cases: United States vs Nixon• In 1972, President Richard Nixon was trying to win reelection. One of his

campaign workers hired people to break into offices of the Democratic party called Watergate.• The Senate investigated the crime and learned that some White house

officials were involved.• They also learned that the white house had a taping system that would

record conversations with aides who knew about the crime.• When the president was asked for the tapes, he refused to give it to them.• He claimed that it was an executive privilege(right of the president to keep

his conversations private) to keep.

Landmark Supreme Court Cases: United States vs Nixon• Case was taken to the supreme court. The supreme court claimed

that executive privilege would upset the constitutional balance of a workable government.• The president had to turn over the tapes and impeachment began.

The tapes revealed his part in the crime. Four days later, he resigned from office of president.• This case is important because it shows that even the president is not

above the law.

Chapter 8 lesson 3: Making foreign policy• Foreign policy is the nations plan for dealing with other nations. • National security is the ability to keep this country safe from attack or

harm.• Another major goal is to build trade with other nations which

maintains a strong economy.• A third and fourth goal is to promote peace as well as to advance

democracy around the world.• The foreign policy team includes the State department, the defense

department, and the National security council.

Congress vs the president

• Congress can declare war and it can stop the president from using the armed forces in certain ways. • Congress and the president have often competed over who controls

the war powers.

Tools of Foreign policy

• The president and Congress carry out foreign policy in several ways including: giving foreign aid, making trade policy and using the military.• Formal agreements between two or more countries are called

treaties.• One big example of treaties is the creation of the North Atlantic

Treaty Organization (NATO).• USA , Canada and many nations in Western Europe promised to

defend each other if attacked.

Tools of Foreign policy

• The Senate must approve of any treaty by a two-thirds vote. • Executive agreement is an agreement between the president and the

leader of another country. Examples include trading, armed forces of other countries working together.• Presidents appoint 150 ambassadors which must be approved of by

the Senate. Ambassadors represent our nation to other nations.• Foreign Aid is part of Foreign policy and it includes giving food,

money, military help and supplies to other nations. Ex: Marshall plan was a plan to help Western Europe rebuild after World War II.

International Trade

• The president has the power to make economic agreements with other nations.• The president can also choose to block trade with a nation in order to

try to convince it to change its policies.• Trade Sanctions is to stop or slow trade with another nation in order

to punish it. One example is an embargo which is an agreement to by a group of nations to stop trading with a target nation.

Commander in Chief

• As commander in chief, the president has the power to send troops to trouble spots around the world.• In 2003, Bush ordered American forces to invade Iraq and remove the

dictator Saddam Hussein.

Chapter 8 lesson 4: how the Executive Branch works • Today thousands of experts, advisers, secretaries and clerks assist the

president. Most of these people work in the Executive office of the president (EOP).• The EOP was set up under Franklin D. Roosevelt in 1939. • The EOP is overseen by the chief of staff which takes care of the

presidents closest advisors.• The heart of the EOP is the white house which is made up of 500

people who work for the president.

Office of Management and Budget, National Security Council, and Council of Economic Advisers

• Office of Management and Budget(OMB) prepares the federal budget and the budget shows the presidents spending for the rest of the coming year.• The National Security Council advises the president on matters of

national security and is related to the actions and plans of other governments.• The Council of Economic Advisors helps the president carry out the

role or job of economic leader that involves job growth, prices and trade.

The President’s Cabinet

• Thousands of people work in 15 large units called departments.• The heads of these departments form the group of presidential

advisors known as the Cabinet.• The head of Department of Justice is called the attorney general. All

other department heads are called secretaries.• Refer to page 245.

Cabinet’s responsibilities and the Department of Homeland Security• Cabinet members(leaders of departments) give the president advice

on matters that touch the departments they lead.• Cabinet members spend most of their time directing the activities in

their departments.• In 2002, Bush set up the Dept. of Homeland security. It’s purpose is to

protect the nation from attacks by terrorists as well as gather information about terrorists and their plans.

Federal Bureaucracy

• Is made up of agencies and employees of the executive branch.• Agencies write rules that put laws passed by congress into practice.

Laws are often written in very general terms.

Independent Agencies

• Is broken down into three types: Executive agencies, government corporations, and regulatory commissions.• Executive Agencies are independent agencies that deal with special

areas in the government. NASA, CIA, and EPA.• Government Corporations are businesses owned by the government

that exist to sell products to the public that’s not meant to make a profit. Ex: U.S. postal service.• Regulatory commissions is meant to protect the public, make and

enforce laws that an industry or group must follow. Ex: FCC makes rules for TV and radio.

Government Workers

• Political appointees are people chosen by the president and usually leave when the president does.• Civil service system is the practice of hiring government workers on the basis of open,

competitive examinations and proven ability.• Spoils system is when people won government jobs as a reward for political support. • Under the spoils system, appointees were not always qualified to perform their jobs.• As a result, the Civil Service Reform act of 1883 create a Civil service system that

placed limits on jobs a new president could give to friends or supporters of his campaign.• Merit system is when government officials hire new workers from lists of people who

have passed tests or met civil service standards.

Chapter 9 Lesson 1: Federal CourtsRole of the Federal courts• Courts make up the Judicial Branch. This branch has two jobs:• 1) makes sure that laws are fairly enforced 2) interprets the laws.• Courts hear Criminal cases(people committing a crime) and Civil cases( rights

have been violated).• In Criminal trials witnesses give evidence, and a jury or judge decides

innocence or guilt.• In Civil trials, each side presents it’s position in court. The court decides in

favor of one side over another.• Civil disputes may happen between private parties(people, companies,

organizations) the government, and state or local governments or between state governments.

What is the origin of the Federal Court system• Due to the Judiciary act of 1789, it established two types of lower

federal courts: district and circuit courts.• District courts are trial courts while circuit courts take more serious

cases and hear appeals from District courts.• District courts at the low level are trial courts. The circuit courts in the

middle are appeals courts and the Supreme court which is the court of final appeal is the highest level.

What is the Dual Court System?

• Dual court system is federal courts exist alongside 50 state court systems.• Federal courts get their powers from laws passed by congress.

What are the goals of the court system?• The Main goal of the legal system is to treat every person the same.• Anyone who is accused of a crime has the right to a public trial and a

lawyer.• Everyone is innocent until proven guilty no matter what.

Federal Court Jurisdiction

• The Constitution gives federal courts Jurisdiction, the authority to hear and decide a case in certain kinds of cases.• Federal cases involve the constitution, federal law, or the federal

government.• If a constitutional right(ex: freedom of speech) is violated, a person

can sue in federal court.• Federal crimes such as kidnapping, tax evasion, counterfeiting are

dealt with in federal courts.• Crimes, accidents and property at sea such as a shipwreck and its

contents are handled in Federal court.

Federal Government

• When the dispute or problem is dealing with the government, the issue makes it to federal court.• Any dispute between a foreign government and the U.S. government

goes to federal court. • Federal courts have exclusive jurisdiction which means only they

have the authority to listen to these types of cases.• When state law is involved, the case is heard in a state court.• Concurrent Jurisdiction is when either a state or federal court can

hear a case when both state and federal law is broken.

Chapter 9 lesson 2: The federal court system

The lower courts• District courts, the court of appeals and the Supreme court make up

the federal court system.• At the top of the federal system is the U.S. Supreme court.• District courts and court of appeals make up the lower federal courts.• District courts have Original jurisdiction or the authority to hear cases

for the first time.• Every state has at least one district court. They take both criminal and

civil cases. District courts determine if a person is guilty or innocent based on evidence. These are the only courts that have witnesses testify and juries hearing a case and reach a verdict.

Circuit Courts of Appeals

• Also called federal appeals courts, courts of appeals and appellate courts.• Appeals courts have appellate jurisdiction which is they have the

authority to review the fairness of a case appealed from a lower court.• Appeal is based on how the law was applied by the judge.• The losing side in a court case can only appeal.

Ruling of cases

• Appeals courts don’t hold trials. Instead they have a panel of three or more judges who review the case from the trial court.• Judges decide fate of case by majority vote.• The panel of judges only rule on whether original trial was fair or not.• Three decisions can be made from this type of vote:• 1) original decision stays the same• 2) original decision is changed.• 3) they can remand the case which means case in sent back to lower

court to start all over again.

Opinions of the appeals court and principles of the legal system?• Opinion is a detailed explanation of the legal thinking behind the

courts decision. This is provided by an appeals court when making a ruling.• A judge or justice can’t seek out an issue and ask both sides to bring it

to court. Court has to wait for litigants, parties to a lawsuit, to present a case.

Federal Judges

• Are the final authority in federal courts. Supreme court has nine judges which are called justices.• President appoints all federal judges who share their ideas about

justice and the law. They require consent or approval of the senate.• Presidents are careful to choose candidates who are likely to be

approved by the senate. If senate disapproves of the candidates, the president has to choose another candidate.

Federal Judges

• Federal judges have jobs for life. They can be removed from office through the process of impeachment.• Judges have help from clerks, secretaries, court reporters and other

workers.• United state Marshals and their staffs make arrests, collect fines, and

take convicted people to jail. They protect jurors, keep order in federal courts and deliver subpoenas, which are court orders that require people to appear in court.

Chapter 9 lesson 3: The Supreme Court• Main job is to decide whether laws are allowed by the U.S. Constitution.• Supreme Court has jurisdiction in two cases: problems between two or

more states and the other one involves diplomats from foreign countries.• The S.C. also hears cases that have been appealed from lower courts.• The S.C. has final authority in cases involving the constitution, acts of

Congress, and treaties with other nations.• S.C. hears a small percentage of the cases it receives. It chooses which

cases it receives and when the court refuses to hear a case, the decision of the lower court stands.

Duties and Qualifications of Justices

• The S.C. is made up of nine justices which are the chief justice(leader) and 8 associate justices.• Main duty of justices is to hear and rule on cases.• They choose which cases to hear from a group of thousands of

appeals to the court each year.• In the past justices have had legal training. There is no requirement

that they need to be lawyers. Many have practiced or taught law.• Justices have their jobs for life.

What is Judicial Review?

• Is one of the most important powers of the Supreme Court. • Judicial Review means that the court can review any federal, state, or

local law or action to see if it goes against the Constitution.• if the court decides that a law is unconstitutional , it can nullify or

legally cancel a law or action. The court decides if state or local laws go against the constitution.

Marbury v. Madison

• The judiciary act of 1789 gave the court the power of judicial review for acts of state governments.• Some of the principles of Judicial Review are the following:• 1) Constitution is the supreme law of the land.• 2) if there is a Conflict between the constitution and any other law,

the Constitution rules.• 3) Judicial Branch has a duty to follow the Constitution. It must be

able to determine when a law conflicts with the Constitution and to nullify or eliminate laws that do.

Limits on the Supreme Court

• The court can only take cases that involve a federal question.• The court can only hear and make rulings on the cases that come to it.

Landmark Supreme Court Cases: Marbury v. Madison• John Adams term as president expired in 1801 but before he left, he

appointed 42 justices or judges. The Senate approved of the people he appointed.• The paperwork was not delivered before the next president Thomas

Jefferson was sworn in. Jefferson wanted to stop Adams choices for justices if possible. • As a result, Jefferson ordered James Madison not to deliver the final four

appointments for justices. William Marbury was part of the four appointments that were not delivered. • Marbury as a result filed a lawsuit in the supreme court against Madison.

Landmark Supreme Court Cases: Marbury v. Madison• In 1803, the case was heard by the Supreme Court.• The court ruled that part of the act that would’ve given the supreme

court the power to enforce the delivery of Marbury’s appointment was Unconstitutional.• The court ruled Marbury the winner but they couldn’t force the new

president to give him the appointment.• This court case matters because the Supreme court defined itself as

the final authority on what the constitution means.

Chapter 9 lesson 4: Supreme Court Procedures and Decisions• The supreme court meets each year for about nine months that starts

on the first Monday of October. A term is named for the year in which it begins so the 2012 term begins in October of 2012.• Writ of certiorari directs a lower court to send its records on a case to

the Supreme court for review.• This is due to the fact that a lower court sometimes is not sure how to

apply the law to a particular case.

How does selecting cases occur and what are caseloads?• Justices review possible cases and consider their merits(involves a

constitutional question).• They deal with issues such as freedom of speech, equal protection of

laws and fair trials.• Supreme court justices choose cases that are related to legal issues.• The court accepts a case when four of the nine justices agree to do

so.• Accepted cases go on a calendar of cases to be heard known as a

docket.

How does selecting cases occur and what are caseloads?• Caseloads are the amount of cases in a period of time.• The Supreme court gets about 10,000 petitions a year. It only hears

about 75 to 80 cases a year.• Once the court decides to hear a case, the lawyers from both sides

prepare a Brief, a written document that explains one side’s position on the case. • Once all the Briefs have been filed, the justices study them. Next the

lawyers of both sides present oral arguments in a 30 minute span.

Why do justices Conference?

• Justices get together to make first decisions about the cases they have been studying. These meetings take place in secret.• The Chief justice is the first one to give his views on the case. The

other justices then take turns giving their views on the case.• A majority vote decides a case.• Page 277 in Civics book talks about many Landmark Supreme court

decisions. Study this graph for the EOC.

What are the factors that influence a decision?• The facts of a decision and the law that applies to it are the bases for

judicial decisions.• A guiding principle for all judges is called the stare decisis, which

means the practice of using earlier court decisions to decide cases.• Changing social conditions can affect court rulings.

What are Writing Opinions?

• In major cases that make it to the Supreme Court, one justice is assigned to write a majority opinion(states the facts and gives the ruling).• Sometimes a justice agrees with the majority but for a different reason. They

may choose to write a separate statement called a Concurring opinion.• Justices who oppose the majority decision is called a dissenting opinion.• Unanimous decision is when all the justices agree.• Written opinions guide rulings in new cases before the Supreme court and

other courts around the country. In other words they make themselves as an example.