Unit 3: Three Branches of Government

The Legislative Branch

U.S. Congress

U. S. Congress

• As specified in the Great Compromise, Congress is bicameral—two houses1. Senate

2. House of Representatives

• A term is 2 years long• Each year is called a session

– They meet Jan-Nov/Dec

• Ex. We are in the 113th Congress, 1st session

U. S. House of Representatives

• Has 435 members that are apportioned to states based on population.– Apportion = to distribute, divide out and share

• To figure out how many each state gets, there is a census every decade.

• Each state is guaranteed at least 1, no matter how small a population– Seven states are represented by a Member-at-

Large: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming

Congressional Districts• State legislatures divide

states into districts of the same number of Constituents—the people who are being represented

• Gerrymandering: an oddly shaped district to get a particular group more votes– Named for Elbridge Gerry, an old Gov. of MA, whose

supporters made sure he won by drawing a district that looked like a “salamander.”

Leaders in Congress

• For both Houses:• The political party with over half of house

members is called the majority party, the other is the minority party.

• Each party chooses its own leaders each term.

House of Reps. Leadership• Led by the Speaker of the House

– The chosen leader of the majority party, though both parties must approve

• Steers legislation, leads debates• 3rd in line to the Presidency• Currently John Boehner (BAY-ner)

• Other leaders: both parties have floor leaders (majority & minority leaders) and “whips” who assist them.

Serving in the House

• Serve for a 2-year term• Qualifications:

– Age: 25 years old– Residency: live in the state you represent– Citizenship: at least 7 years

Who’s our Rep?

• Rep. David E. Price (Dem)• District 4

U.S. Senate

• 100 members• 2 per state (both represent the whole state)• Serve for 6 year terms

– 1/3 of the Senate is elected every 2 years– Currently Richard Burr and Kay Hagan

Senate Leadership• Presided over by the Vice

President– Only votes in a tie

• President pro tempore is the acting leader– President “for the time being”– Traditionally the most senior

majority party member is elected.

– Currently Patrick Leahy

• The Senate also has majority & minority leaders

U.S. Senate

• Qualifications– Age: 30 years old– Residency: live in the

state you represent– Citizenship: at least 9

years

U. S. Congress: Backgrounds

• Tend to be male, white, wealthy– 19% are women– 8% are African American

• Have a law (over half) or business career background

• Are “joiners”

U. S. Congress: Salary and Privileges

• $174,000 per year– Speaker: $223,500– Party Leaders & Pres. pro tem: $193,400

• Office space, parking, trips home• Franking privilege: send mail for free

Committees

• To handle the volume of bills (proposed laws) each house of Congress divides into committees

• Investigate, debate & report on legislation (and other things to do with Congress)

• Not mentioned in the Constitution, but have been around since the first Congress

Types

• Standing committees: permanent committees– 20 in the House; 20 in the Senate– Some have subcommittees

• Select committees: have a specific timeline to complete a specific task (ex. investigating government activity)

• Joint committees: both House and Senate participate; about Congress itself, not bills.

Committee Assignments• Party leaders make the assignments based

on preference, expertise and seniority– Seniority: how long a member has served– Most senior committee member of majority party

is usually the chairperson

• Problems or issues with this?

David E. Price (NC 4th) U.S. House Committed on Appropriations• Subcommittee on Homeland Security• Subcommittee on Transportation, Housing and Urban

Development, and Related Agencies• Subcommittee on Military Construction and Veterans AffairsHouse Democracy Partnership

Powers of Congress

Expressed powers• Are clearly enumerated (listed) in the

Constitution in Article 1 section 8• Include: collecting taxes, coining and

borrowing money, raising a military and regulating foreign trade

Implied powers

• Not listed in the Constitution• Congress can do what is “necessary and

proper” to carry out its duties• This phrase is also known as “the Elastic

Clause”

Non-legislative powers

• The most imported job of Congress is to legislate (make laws) BUT, they do other things too:

• Propose Constitutional amendments• Senate approves Presidential nominees• House impeaches (accuse) officials; the

Senate holds the trial to remove them

Limits on Congress

Limits

• Can’t favor one state over others• Can’t interfere with states’ rights (reserved

powers) (as long as the state isn’t doing anything illegal itself)

• Can’t do anything against the Constitution (including amendments)– Ex. Law that limits freedom of speech = bad

Writ of habeas corpus

• A court order that requires police to bring a prisoner to court to explain why they are holding them

• Congress may not suspend these orders

Bills of Attainder• Congress is banned from passing laws that

punish a person without a jury trial

Ex post facto laws• Congress may not pass laws that make an

act a crime after it has been committed.

Congress at Work

1. Lawmaking

2. Casework: Helping their constituents (people from their home districts) deal with the federal government

– Ex. A person asks for help with Social Security.

3. Helping their state & district– Public works: Congress passes appropriations bills

for post offices, dams, military bases etc.– Pork-barrel projects: government projects & grants

that help the home state/district• Ex. Getting a contract to provide military uniforms

From Bill to Law

• Anyone can have an idea for a bill, but only a member of Congress can introduce it.– Lobbyists: people hired to represent interest

groups to influence lawmakers

• After being assigned a title & number, it is sent to the correct standing committee

The committee has several options to deal with the bill

1. Pass it as is2. Change it3. Replace it4. Ignore it until it dies: this is called

“pigeonholing” the bill

5. Kill it by a simple majority vote

Debating a Bill

• When the committed has approved of a bill it is debated by the full House or Senate on the floor

• In the House, only amendments to the bill itself are allowed, the Senate allows “riders” (unrelated amendments) to be added.

• The House has the Rules Committee that sets time limits on debates (think about the number of people involved)

• The Senate does not ! This may cause debates to stretch out

• Filibuster: when a Senator “talks a bill to death,” delaying voting until the sponsor withdraws the bill

• To end a filibuster, Senators may vote for cloture (3/5 vote) which limits all speakers to 1 hour

Strom Thurmond, senator from SC, holds the record for longest lone-man filibuster—24 hours 18 minutes, to oppose the  Civil Rights Act of 1957

Voting on a Bill

• Members vote by voice, standing or by name• The bill passes by simple majority vote• It is then sent to the other house and goes

through the whole process all over again!• If a different version of the bill is passed, the

houses hold a conference committee to fix it.• After the bill is passed it goes to the President,

who can sign or veto the bill (more on that later)• If the President vetoes Congress can override

the veto by 2/3 vote in each house.

State Legislative Branch:N. C. General Assembly

N. C. General Assembly

• Meets in Raleigh• Make laws for the state of North Carolina• Bicameral Legislature-Senate and House of

Representatives

N. C. General Assembly Job Description

• Makes laws• Examine government operations (oversight)• Propose amendments to NC Constitution• Approve the governor’s appointments• Can impeach and remove officials• Approve the state budget

*All of these are also things Congress does for the US.

States are prohibited from:• Article 1, sec. 9 of the U.S.

Constitution limits states• States CANNOT

1. Make treaties

2. Coin money

3. Tax exports

4. Have an army or navy

5. Engage in war (unless directly attacked)

• Other than these limits & going against federal law, the General Assembly can make laws about just about everything else in N.C.!

N. C. General Assembly: Qualifications

• Senate: 25 yrs old, qualified to vote in NC, live in the district represented for 1 yr, NC resident 2 yrs

• House: 21 yrs old, qualified to vote in NC, live in the district represented for 1 yr

N. C. House of Representatives

• Leader: Speaker of the House• Terms: 2 years• Number of Members: 120

Thom Tillis

N. C. Senate

• Leader: Lt. Governor• Acting Leader: President Pro Tempore• Terms: 2 year• Number of Members: 50 (1 from each district)

Phil Berger

N. C. General Assembly: Terms & Sessions

• A term is 2 years• Each year is called a session:

– Long Session: Odd years—Jan-July/August• years the budget is written

– Short Session: Even years—May-July• revise the budget

• Salary: $13,951 a year

The Executive BranchThe President

The Executive Branch• 3 Formal Qualifications

– Age: At least 35 years old– Citizenship: Natural born citizen– Residency: Resident of the US for the last 14 years

• Background– Race: White Males (Rich)– Religion: Protestant Christians – Jobs Before Presidency: Lawyers– States represented: Largely populated

Term of Office• Length of term: 4-year term

(Washington set this precedent)

• 22nd Amendment: limits each president to 2 elected terms or a maximum of 10 years (if they finished less than half of some else’s term & were elected on their own twice)

Salary and Benefits• Annual Salary: $400,000 per

year, plus $50,000 for expenses

• Benefits/Perks: Lives in White House, use of Camp David, fleet of special cars, helicopters (Marine One), airplanes (Air Force One)

Electing the President• Every 4 years• Next presidential election:

– Tuesday, November 8, 2016• Electoral College – Constitution established it to elect

the president (the people do not directly elect the president)

• # of states votes = # of Reps + 2 Senators (D.C. gets as many as the smallest state—3)

• To win, a candidate needs 270 of 538 electoral votes– If they don’t the House of Reps votes

• 48 states use the “winner-takes-all” system– Whichever candidate gets a majority of popular votes gets

ALL of the electoral votes for that state

Votes by State

Vice President• Elected by the electoral college with the President. • Qualifications: same as president• Job: Constitution gives the VP little power

– Head of Senate: votes in a tie– Assists the president

• Presidential Succession– 1st in line if the president dies, is removed from office,

becomes seriously ill, resigns, etc.

25th Amendment • 8 presidents have died while in office & 1 resigned…• If the president dies or leaves office, the VP becomes

president• The new president chooses another VP (approved by

Congress)• Also gives the VP the job to determine if the President

is unable to do the job

Presidential Succession• In1947, Congress passed the Presidential Succession

Act to spell out the order:

12 Secretary of Health and Human Services13 Secretary of Housing and Urban Development14 Secretary of Transportation15 Secretary of Energy16 Secretary of Education17 Secretary of Veterans Affairs18 Secretary of Homeland Security

5 Secretary of the Treasury6 Secretary of Defense7 Attorney General8 Secretary of the Interior9 Secretary of Agriculture10 Secretary of Commerce11 Secretary of Labor

1 Vice President of the United States Joe Biden (D)2 Speaker of the House John Boehner (R)3 President pro tempore of the Senate Patrick Leahy (D)4 Secretary of State John Kerry (D)

The President’s Job • Job: To execute (enforce or carry out) the laws passed by

Congress.• Article 2 outlines other powers:

– Veto (reject) bills– Call Congress into special session– Serve as Commander in Chief of the armed forces– Receive leader of other countries– Make treaties (with Senate approval)

– Appoint heads of executive agencies, federal court judges & ambassadors (w/ Senate approval)

– Pardon or reduce penalties against people convicted of federal crimes

– Gives speeches to Congress• State of the Union Address: describes new programs of legislation

he/she would like to do for upcoming year

President Barrack Obama’s State of the Union Address 2013

Roles of the President“7 Hats of the President”

1. Chief Executive: Carry out laws passed by Congress

• In charge of 15 cabinet departments & +3 million workers in the federal government

• Issue executive orders: rule or command that has the force of law

• Appoint Supreme Court judges & other federal judges• Grants:

– Pardon: forgiveness &freedom from punishment for federal crimes

– Reprieve: order to delay a person’s punishment until a higher court hears the case

– Amnesty: a pardon toward a group of people

2. Chief Diplomat• Directs the foreign policy of the US; makes decisions on

how the U.S. acts toward other countries• Ex: meeting with Chinese or Russian officials.

3. Commander in Chief • President is in charge of the army, navy,

air force, marines, and coast guard. • Only the president can order troops into

battle (& have countless times), though only Congress can declare war (which they’ve done 5 times)

• War Powers Resolution, 1973: President must notify Congress within 48 hrs when troops are sent to battle and they must be brought home after 60 days unless war is declared or Congress gives approval to stay longer.

4. Legislative Leader• Executive branch proposes most of the bills Congress considers,

though only a member of Congress can introduce it.• Example: In the State of the Union Address the President explains

legislation he would like to see pass in the coming year.

5. Head of State • Living symbol of the nation• Greets visitors and foreign leaders• Carries out ceremonial functions: lighting

national Christmas tree, giving out medals to heroes, throwing a first pitch

6. Economic Leader• Plans the federal

government’s budget– What programs to support

or cut?• Deals with unemployment,

inflation and taxes.

7. Party Leader• Leader of his political party• Helps other party members

(endorses them by giving speeches, etc.)

• Raises money for the party

The Executive Branch

The President (Chief Executive)

Vice President(2nd in Command)

15 Cabinet Departments

Executive AgenciesGovernmentCorporations

Executive Office of the President

Independent Agencies

Executive Office of the President

White House Office• 500 people who work directly

for the President • Decide who and what gets

through to the president

• Members include: • Chief of Staff: President’s

top advisor• Press Secretary: gives

public statements for the President

Chief of Staff – Jacob Lew

Office of Management and Budget• Helps President prepare the federal budget and monitor

government spending

National Security Council• Helps the president coordinate military and foreign

policy• Vice President, Secretaries of State and Defense,

chairman of the Joint Chiefs of Staff• Supervises the CIA

Council of Economic Advisers• Helps the president carry out the role of economic leader • Advise him about employment, inflation and foreign trade

Office of Administration• Provides administrative services

Department PurposeDepartment of State Plans & carries out foreign policyDepartment of the

Treasury Collects, borrows, spends, prints money

Department of Defense Manages armed forcesDepartment of Justice Responsibility for all aspects of law enforcement

Department of the Interior

Manages & protects public lands/natural resources

Cabinet• Group of presidential advisers• Includes the heads of the 15 executive departments• The first Presidential cabinet was created due to need;

– NOT in the Constitution, but the president needed help

Department of Agriculture Assists farmersDepartment of Commerce Supervises trade, promotes US business/tourism

Department of Labor Working conditions and wages of US workersDepartment of Health and

Human Services Works for the health & well being of Americans

Department of Housing and Urban Development Deals with the needs/problems of cities

Department of Transportation Manages the nation’s transportation systems

Department of Energy Directs an overall energy plan

Department of Education Provides advice and funding for schools

Department of Veterans Affairs Directs services for veterans

Department of Homeland Security Created after 9/11 to deal with terrorism

Independent Agencies • Hundreds of independent agencies with directors

appointed by the president and approved by Senate.• Executive Agencies: deal with certain specialized areas

(like NASA)• Government Corporations: businesses that the

government owns and runs (like the US Postal Service)• Regulatory Boards and Commissions – protect the

public (like the Federal Communications Commission)

Federal Bureaucracy• The agencies and employees of the executive branch (3

million civilians).• The purpose of the federal bureaucracy is to carry out

laws made by Congress– Decide how to apply new laws to everyday life– Administer the day-to-day operations of the federal

government (deliver mail, collect taxes, send out Social Security checks, patrol borders…)

– Regulate activities (police, broadcasting companies, labor unions, banks, airlines, etc. )

Civil Service System• The people who work in Federal Bureaucracy are called

“Bureaucrats” or “Civil Servants”• The purpose of the civil service system is to employ

qualified government workers.

Spoils System The Merit System

Old way (before 1883) to get a jobThe President appointed all high

ranking government positionsEx. After an election the President

gave the jobs to his supporters.

Current way to get a jobPeople who deserve (are qualified) the government jobs receive them.

Ex. Written tests & interviews

1st Lady• Constitution does not mention spouse of a president

(1st lady), but they have served the country in many ways.

• 1st Ladies have an office in the White House

North Carolina’s Executive Branch

Roles, powers and duties • Chief of State: symbolic leader of NC, represents NC to

other states & federal government• Chief Executive of NC: carry out state laws, appoint

officials, coordinate state agencies, veto bills, grant pardons– Line Item Veto: veto specific parts of a bill, not the whole bill– Grant clemency: commute (reduce) a criminal’s sentence

(ex. death penalty life in prison)• Other jobs: prepare budget, suggest new bills

N.C. Governor:• Terms &Qualifications:• Elected by popular vote (people)• 4 yr term (can be impeached &

removed)• May serve 2 consecutive terms

(can be elected again later)• 30 yrs, U.S. citizen for 5 yrs, NC

resident for 2 yrs (before election)

• Lt. Gov is elected separately (can be from different parties!)

• Lieutenant Governor– Succeeds the Governor

should he be unable– Qualifications are the same– Is President of the NC Senate

Gov. PatMcCrory

James B HuntWas governor

1977- 1985 1993-2001

North Carolina Cabinet Departments

• Appointed by and report to the Governor.

• Advise the Governor about issues in their departments.

1. Administration2. Revenue3. Transportation4. Public Safety (Includes

corrections & juveniles)5. Commerce6. Environment and

Natural Resources7. Cultural Resources8. Health and Human

Services

Council of State• Eight state executive agencies• Heads are elected by the

people• 4 year terms• Operate independently from the

Governor

1. Commissioner of Agriculture

2. State Treasurer3. Secretary of State4. Superintendant of Public

Instruction5. Attorney General6. Commissioner of Labor7. Commissioner of

Insurance8. State Auditor

The Judicial Branch:Federal Courts

Judicial Branch• Primary job: interpret (explain) the law

Equal justice under law• Ideal of in the Constitution

– Right to a trial– Innocent until proven guilty

Federal Courts• Articles of Confederation didn’t have national courts, so

couldn’t guarantee equal justice from state to state• Article 3 of Constitution establishes the Supreme Court

& says Congress can create lower courts• Federal court system has 3 levels

– District courts– Appeals courts– Supreme Court

Jurisdiction• The authority to hear and decide

a case• Types:

– Exclusive jurisdiction: only federal courts may hear & decide these cases.

– Concurrent jurisdiction: either courts may hear & decide these cases.

Federal Courts’ Jurisdiction• The Constitution• Federal laws & the federal government• Disputes between states or citizens from different states• Foreign governments, U.S. Diplomats• Admiralty & maritime laws

U.S. District Courts• 94 across the country and US territories (every state

has at least 1)• Federal cases begin in a district court• Have original jurisdiction: the authority to hear a case

for the first time• They are TRIAL courts: responsible for determining the

facts in both criminal and civil cases

• http://www.uscourts.gov/court_locator.aspx

U.S. Circuit Court of Appeals• Also called: “Federal Appeals Court,” “U.S. Court of

Appeals,” or simply “Appellate Courts”• Appeal: to ask a higher court to review a case.

– Reasons to appeal: court followed the wrong procedure/ didn’t apply the law correctly

• They review decisions made in district courts• Have appellate jurisdiction: authority of a court to hear a

case appealed from a lower court

• 12 courts: each have jurisdiction of a circuit (13th circuit is for special cases)

• They do not hold trials• 3+ judges review the case records, listen to arguments

from lawyers & meet to vote (by majority)• They may:

1. Uphold (stand by the lower court’s decision)2. Reverse (the lower court’s decision is invalid)3. Remand: send it back to a lower court for retrial

• Appeals courts DO NOT decide guilt/innocence (criminal) or the winner (civil)

• They ONLY rule whether defendant’s rights have been protected or if they received a fair trial.

• 1 judge writes an opinion—explanation behind the decision

• This sets precedent—guides other judges– Offers model/example to base decisions on in similar cases

Early Precedents• No Federal court can initiate action

– People with an actual case must come to them• Common law—lower courts are bound to uphold rulings

from the higher court

Federal Judges• President appoints judges

– No qualifications• Use senatorial courtesy for district judges

– President asks the state’s senators if they object to the appointment

• Federal judges may hold their job for life– Can be removed through impeachment

Court Officials• U.S. Magistrates—assist district judges

– Issue court orders, hear preliminary evidence, set bail & hear minor cases

• U.S. Attorneys—Government lawyers – Prosecute people accused of breaking Federal law &

represent the US in civil cases– Appointed for 4 years by the President with Senate consent

• U.S. Marshals—make arrests, keep order in court, escort prisoners

The U.S. Supreme Court

Jurisdiction• Original jurisdiction in only 2 areas

– Diplomats from foreign countries– Disputes between states

• All other cases are appellate jurisdiction• All decisions are binding to lower courts

Organization & Duties• 9 Justices: 8 associate justices led by a chief justice• They choose what cases to hear

– Decide the case and give Court’s opinion• President appoints them, with Senate approval

– Influenced by other justices and Justice Dept.– Senate can reject nominees

• Always lawyers (though not required)

• http://www.supremecourt.gov/about/members.aspx

Powers: Marbury v. Madison

• Judicial review: the court can review any law or action to see if it’s constitutional

• Limits: executive can refuse to execute or Congress can pass new laws or amend the Constitution

Court Procedure• Meet ~9 months a year: Octoberwhenever• Review possible cases and place those accepted on

the Court docket (schedule that lists upcoming cases)• Caseload: 10,000 appealed, 100 heard yearly• Choose cases carefully: legal issues around the Bill of

Rights and other amendments• Writ of Certiorari—lower court ordered to send records

to the SC for review

Decision Making1. Review briefs (explains each side’s position)2. Oral arguments (each lawyers gets 30 min)3. Conference and voting (secret, no records) 4. Opinion writing

1. Majority—sets precedent2. Concurring—agrees but for different reasons3. Dissenting—disagrees4. Unanimous—everyone agrees

5. Announcement

Courts must consider• Stare decisis— “let the decision stand” (following

precedents) versus changing social conditions

North Carolina Judicial Branch

NC Court System

• Trial division: decide facts of the case; have original jurisdiction

• Appellate division: review decisions from the lower courts

NC Supreme Court: 7 justices give final word on NC

Constitution & law. Hear appeals on capital offences.

NC Court of Appeals: panel of 3 judges review cases.

NC Superior Court: trials for felonies & suits over $10,000.

Have juries.

NC District Court: trials for misdemeanors & suits under

$10,000, juveniles, family law, infractions. No jury.

North Carolina Courts• Has both trial and appeals courts (like the federal

courts)• Two types of trial courts in N.C.

– N.C. District Court– N.C. Superior Court

• Two types of appeals courts in N.C.– N.C. Court of Appeals– N.C. Supreme Court

http://www.uscourts.gov/

State Courts’ Jurisdiction• Most criminal cases• Most civil cases: probate (wills & estates), contract

cases, tort cases (personal injuries) & family law (marriages, divorces, adoptions)

• State courts are the final deciders of state laws and constitutions.

• State interpretations of federal law or the U.S. Constitution may be appealed to U.S. Supreme Court. The Supreme Court can choose to hear / not hear cases.

NC Supreme

CourtNC Court of Appeals

NC Superior Court

NC District Court

US Supreme

CourtUS Court of Appeals

US District Court

Federal Courts State Courts

ONLY if the case dealt with the U.S. Constitution or

Federal Laws.

N.C. District Courts• Located in the county seat of each county• Have original jurisdiction in:

– Civil cases involving less than $10,000– Criminal cases involving misdemeanors & infractions– Juvenile cases for delinquents or neglected/abused

• “Bench trial” = no jury• Judges are elected by the people for 4 yr terms• Magistrates accept guilty pleas for minor misdemeanors

& traffic violations. In civil cases, they may try small claims involving up to $5,000.

N.C. Superior Court• Divided into 8 divisions & 46 districts across the state.

Every six months, judges rotate districts.• Have original jurisdiction on all felony criminal cases,

civil cases involving more than $10,000• A jury of 12 hears the criminal cases. In the civil cases,

juries are often waived. • Judges are elected by the people for 8 yr terms

N.C. Court of Appeals• Fifteen judges hear cases in panels of three

– If 1 judge dissents, the case may be appealed to the NC Supreme Court

• Have appellate jurisdiction over cases appealed from the Superior and District courts

• Review cases from the trial courts for errors of law or legal procedure

• Judges are elected by the people for 8 yr terms

Supreme Court of North Carolina• The state's highest court (no further appeal in the state)• Has a chief justice and six associate justices who sit

together as a panel in Raleigh.• No jury, doesn’t decide guilt / innocence; just error in

legal procedures or in judicial interpretation of the law.• They hear all appeals involving the death penalty.