Unit 2: Structure & Function of Federalism

Crash Course Bicameral

3 Branches of Government:Legislative Branch

Makes laws, influenced by public opinionApproves/disapproves of President’s appointees

Approves/disapproves of treaties (Senate)Impeach federal judges and the President

Override a Presidential veto

Controls the money and budget/fiscal policy

Legislative branch - Congress

Bicameral

The US SenateMade up of 2 representatives from each state.Made up of 100 members.Serve 6 year terms.

Political party with more than half the members is known as the majority party. The other party is called the minority party.

The president pro tempore usually acts as the chairperson of the Senate and is from the majority party.

The Vice President presides in the Senate but may only vote to break a tie. The Majority Leader -Senator elected by

his or her party to serve as their primary spokesperson and to manage the legislative sessions.

Mitch McConnell

The US House of RepresentativesThe Amount of representatives is based on the population of each state.

The larger body of Congress.

Made up of 435 voting members.

Changes are made every 10 years after the census is taken.

Serve 2 year terms.

The overall leader of the House of Representatives is called “The Speaker of the House” He/She is chosen by the majority party.

Political party with more than half the members is known as the majority party. The other party is called the minority party.

John Boehner

Making a law

Impeachment and beginning all revenue bills. Why? population

Impeachment trial, approving Presidential appointments . Why? Equality for all states

Bill to Law Exercise

3 Branches of Government:Executive Branch

Enforces the laws and court opinions

Approves or vetoes laws

Appoints judges and executive department leadersPardons

May call a special session of Congress

Executive branch – the President

Presidential Powers:Head of State

The President is the ceremonial head of the US and represents the US

The President presents awards and pardons the Thanksgiving turkey, for ex.

The President presides over state dinners.

Presidential Powers:Economic Leader

The President plans fiscal policy. This is the tax and spend policy of the federal government.The President plans the yearly budget.

The President decides whether to propose a budget deficit, surplus, or balanced budget.

Check and balance?

Presidential Power:Legislative Leader

Once a year, the President is required by the Constitution to give a State of the Union address to Congress.

Check and balance?

The President has the power to veto and to pocket veto (only in the last 10 days of a Congressional session).

The President’s Census Bureau conducts a census every decade.

The President presents legislative proposals for the year in the speech.

Presidential Power:Party Leader

The President works with interest groups and lobbyists as much as possible.

The President will help the party with fundraising and elections.

The President uses patronage as favors to party members.

Check and balance?

Presidential Power:Chief Executive

The President is responsible for carrying out laws passed by Congress. The President appoints

members of the Executive Departments and federal judges

The President is in charge of theExecutive branch.

The President may issue an Executive Order, which has the force of law, but may be challenged in court. (Korematsu v US)

Presidential Power:Chief Executive

The President may:①pardon②commute③grant a reprieve to persons found guilty of a federal crime.④grant amnesty to a group that is guilty of a federal crime.

Federal Departments that assist the President in enforcing the law include:●FBI● CIA● DEA● ATF● FEMA Federal Emergency Management Agency● Homeland Security● ICE -Immigration and Customs Enforcement

Presidential Power:Chief Executive

More departments that assist the President:▪Department of Agriculture▪ Department of Labor▪ Department of Justice▪ Department of Education▪ Department of Health and Human Services▪ Department of Transportation▪ Department of Veterans Affairs▪ Department of Energy...

Presidential Power:Chief Diplomat

The President is in charge of foreign policy.

Executive Departmentsthat help the President:Department of StateDepartment of DefenseDepartment of Homeland Security

The President may sign an Executive Agreement with another head of government.The President may sign

treaties, but must have a 2/3s vote of approval in the Senate.

Presidential Power:Commander In Chief

The President may use the War Powers Act of 1973 to send troops for 60 (or 90, with Congressional approval) days into battle.

The President is in charge of the armed forces.

The President may use troops for domestic situations, such as riots or emergencies.

The President is a civilian who outranks all generals.

Presidential Power:Additional info

The President is elected by the Electoral College. 270 = winner

22nd amendmentThe President may serve only 2 full terms.

3 Branches of Government:Judicial Branch

Judicial branch – the courts, the US Supreme

Interprets the laws and Constitution

May declare Executive Orders or laws unconstitutional

Crash Course Checks and Balances

Checks to balance the power of the Executive branch

• Legislative branch can:– Override an Executive veto– Refuse to appropriate $– Make a law the President disapproves– Impeach for illegal behavior– Refuse to approve of appointments (judges and Executive

Dept)• Judicial branch can:

– Declare an Executive Order unconstitutional– Interpret Executive Department regulations strictly or

loosely• Public opinion can change an Executive’s policies

Checks to balance the power of the Legislative branch

• Executive branch can:– Veto– Issue an Executive Order that has the force of law– Enforce strictly or loosely

• Judicial branch can:– Declare a law unconstitutional– Interpret a law strictly or loosely

• Public opinion and voters and interest groups can heavily influence the legislative branch and bills

Checks to balance the power of the Judicial branch

• Legislative branch can:– Propose a new amendment to begin to override a

precedent– Senate can refuse to approve appointments– Impeach judges for illegal behavior

• Executive branch can:– Appoint new judges when there is a vacancy

• Public opinion has limited influence on the judicial branch; judges make decisions based on the law, not public opinion.

PracticeWrite the branch that has power and the branch that is losing power

• Example: Pres issues an Executive Order to integrate the military- E over L

• 1. veto –• 2. override a veto – • 3. declare a law unconstitutional• 4. Congress controls the money for the EPA, FEMA,

IRA, FBI… -• 5. nominating judges – • 6. the President can send troops, Congress must

approve -

E over LL over E

J over L

L over E

L over J, E over J

E over L, L over E

practice• 1. Create and explain 2 scenarios in which the power

of the Legislative branch is checked.– For example:

• A. The President vetoed a Children’s Health Insurance Plan bill.

• B. The US Supreme Court declared a law forbidding hand gun ownership unconstitutional.

• C. The NRA worked diligently to protect the rights of citizens to own assault weapons and Congress passed a law for this. (interest group)

• *In the first 2 examples, the laws that the Legislative branch wanted were stopped.

– The Children’s Health Insurance Plan was returned to Congress for a re-write.

– Citizens were allowed to own hand guns. – In the 3rd example, purchase of assault weapons was

allowed.

practice• Create and explain 2 scenarios in which the power of

the Executive branch is checked.– For example:– A. The US Supreme Court declared the Executive Order to

send white Americans to relocation camps unconstitutional.

– B. The US Congress refused to appropriate money for the Department of Education

– *In both cases, the President’s policy was stopped. White Americans were allowed to stay home and the Department of Education had no money for its programs.

Complete the chart

• .Legislative branch Executive branch Judicial branch

Senate

House of

Representa

tives

C

O

N

G

R

E

S

S

The President and Exe Depts

US Supreme court

Court of appeals

District court

(trial court)

1

2

3

4

5

6

7

8

9

Terms to write on the chart• a. Can Veto• b. Can override a veto• c. Approves appointments by the President• d. Approves treaties • e. Can impeach the President and judges• f. Controls all $ / appropriations• g. Appoints judges• h. declares Executive Orders unconstitutional• i. Can declare a law unconstitutional

Checks and balances

• .Legislative branch Executive branch Judicial branch

Senate

House of

Representa

tives

C

O

N

G

R

E

S

S

The President and Exe Depts

US Supreme court

Court of appeals

District court

(trial court)

1

2

3

4

5

6

7

8

9

a. Can veto

c. Approve appts

d. Approves treaties

e. Can impeach

b. Override veto

f. Controls $/appropriations

g. Appoints judges

h.Exe Order

i. Declare a law unconstitutional

Which branches are checking and balancing each other? Which powers are used?

• 1. negotiating a treaty• 2. passing a bill • 3. dealing with a judge / illegal activity• 4. appointing a new Cabinet member• 5. appointing a new judge• 6. passing a budget• 7. dealing with a national disaster• 8. deciding whether a law violates the Constitution

(ex/ Children’s Internet Protection)

Which branches are checking and balancing each other? Which powers are used?

• 1. negotiating a treaty L over E (senate must ratify)

• 2. passing a bill L over L (2 houses), E over L (veto), L over E (override veto)

• 3. dealing with a judge / illegal activity L over J (impeachment)

• 4. appointing a new Cabinet member L over E (Senate must approve)

• 5. appointing a new judge L over E• 6. passing a budget L over E (Pres proposes the budget and the Congress

approves, usuall;y with changes)

• 7. dealing with a national disaster L over E (FEMA gets its money from Congress)

• 8. deciding whether a law violates the Constitution (ex/ Children’s Internet Protection) J over L

Government chart

Label the three branches

Crash Course Federalism

US (central) government

• .

US (central) government• .Legislative branch Executive branch Judicial branch

C

O

N

G

R

E

S

S

Senate

House of Representatives

President

Executive Departments

Independent agencies

US Supreme Court

US Courts of Appeals

US District Court

US (central) government• .Legislative branch Executive branch Judicial branch

C

O

N

G

R

E

S

S

Senate

House of Representatives

President

Executive Departments

Independent agencies

US Supreme Court

US Courts of Appeals

US District Court

9 justices, original and appellate jurisdiction

3 judges, appellate jurisdiction only

94 courts, one judge and one jury

Original jurisdiction only

Terms to add to the chart• 1. Makes the laws• 2. Enforces/carries out the laws• 3. Interprets the laws• 4. Filibuster and cloture• 5. Based on population• 6. Based on =• 7. Elected by the Electoral college• 8. FBI, CIA, DEA, ATF, FDA, EPA, FEMA• 9. Appropriations bills begin here• 10. Speaker of the House• 11. Majority leader• 12. Write tax laws, coins money, declares war• 13. veto

US (central) government• .Legislative branch Executive branch Judicial branch

C

O

N

G

R

E

S

S

Senate

House of Representatives

President

Executive Departments

Independent agencies

US Supreme Court

US Courts of Appeals

US District Court

9 justices, original and appellate jurisdiction

3 judges, appellate jurisdiction only

94 courts, one judge and one jury

Original jurisdiction only

1,

12

4,6,11

5,9,10

2,7,13

8

3

NC (state) government

• .

NC (state) government

• .legislative executive judicial

NC Senate

House of Repr

NC Supreme Court

Appellate/death sentences, NC Const

NC Court of Appeals

NC Trial Court – Superior Court, felonies, civil $10,000+

NC Trial Court – District Court

Misdemeanors, civil less than $10,000

G

E

N

E

R

A

L

A

S

S

E

M

B

L

y

Cabinet, appointed

Council of State, elected

Terms to add to the chart• 1. Makes the laws• 2. Enforces/carries out the laws• 3. Interprets the laws• 4. Appointed to help the Governor• 5. Appellate jurisdiction• 6. Elected to help the Executive branch• 7. Elected by the voters• 8. Original jurisdiction• 9. The Governor, 2 consecutive four year term limit• 10. Speaker of the House• 11. Majority leader• 12. Write tax laws, driving laws, graduation requirements• 13. veto• 14. 7 justices• 15. one judge and one jury• 16. 3 judges for each case• 17. one judge only

NC (state) government

• .legislative executive judicial

NC Senate

House of Repr

NC Supreme Court

NC Court of Appeals

NC Trial Court – Superior Court

NC Trial Court – District Court

G

E

N

E

R

A

L

A

S

S

E

M

B

L

y

Cabinet, appointed

Council of State, elected

21 3

4

5

56

7

7

7

7

7

8

9

10

111

12

13

14

15

16

17

Popular sovereignty

• Highlight and label each place in the NC government that you can find popular sovereignty.

• Legislative branch?• Executive branch?• Judicial branch?

Popular sovereignty

• Highlight and label each place in the NC government that you can find popular sovereignty.

• Legislative branch? 2 year elections for Senate and House of Representatives

• Executive branch? Governor and Council of State

• Judicial branch? All judges

Budget simulation

• Which percent of the budget should be given to each category?

• NC other (debt service, transportation, emergency, economic resources)

• NC Justice/Public Safety• NC Health/Human Services• NC Education

NC governmentbasic notes

• 1. NC (the Governor and the General Assembly) must balance the budget. No deficits and no debt, except by bond referendum.

• 2. A bond referendum is passed first by the General Assembly and then

by a majority vote of the voters. (referred back to the people)

• 3. The NC General Assembly draws legislative districts every 10 years after the census. Gerrymandering (an unusually shaped district to guarantee a winner for a certain party) often is the result.

NC governmentbasic notes

• 4. NC’s largest source of revenue is the state progressive income tax. Revenue sources also include: corporate income tax, sales tax, excise taxes (gas, alcohol, cigarettes), license fees, federal grants in aid, fines, intergovernmental revenue (from the federal government), permit fees.

5. NC government provides services such as: public schools and the community college system and the UNC schools, courts, elections, public health, museums and parks.

Budget simulation

• Which percent of the budget should be given to each category?

• county other (debt service)• county Justice/Public Safety• county Health/Human Services• county Education• County general (Register of Deeds, elections,

building, salary and wages)

Local governmentbasic notes

• 1. local government = county + municipal• 2. county government

– County commissioners (elected, partisan elections)– County manager (appointed, day to day work)– Sheriff, library, computer lab worksheet– Revenue from proportional property taxes, some sales tax

• 3. municipal government– City council (elected, partisan elections)– City manager (appointed, day to day work)– Police, bus service– Revenue from proportional property taxes

Local governmentcounty + municipal

• . County government Municipal government

a.

b.

c.

1.

2.

3.

0.

1.

2.

3.

Terms to add• Mayor• County commissioners• City council• Sheriff• Police• County manager• City manager• Both are local governments.• Both depend on property taxes.• Both are elected in partisan elections.

Local governmentcounty + municipal

• . County government Municipal government

a. Both elected in partisan elections,

b. both are local govt,

c. Both depend on property taxes

1. County commissioners

2. County manager

3. sheriff

0. mayor

1. City council

2. City manager

3. police