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Part II: STRUCTURE & FUNCTION of CHECKS & BALANCES . Federalism – System of in which the Federal (National, Central) Government shares power with the states. Powers… Enumerated (Federal) Reserved (States) Concurrent (Shared by both) . Separation of Power – Dividing powers between 3 Branches of Government. Branches… Legislative – Makes Laws – Enforces Laws Judicial – Interprets Laws . Checks & Balances – Powers given to each branch over the other 2 branches (checks) to balance the power & protect citizen’s rights. LEGISLATIVE BRANCH - CONGRESS

CONGRESSIONAL TERMS . 2 Years in Length . Currently the 115th Term of Congress CONGRESSIONAL SESSIONS . Regular Session – Must Meet once a Year (January 3 – December) . Special Session – President Calls – Times of Crisis . Joint Session – State of the Union Address HOUSE OF REPRESENTATIVES

BASIC INFORMATION . Constituents – people who vote in an . Term Length – 2 Years . Requirements for Members . – dividing a state into At least 25 years old odd-shaped districts for political reasons At least 7 year US Citizen Resident of the State District 435 Members . Based on State Population . Changes w/ Census (population count every 10 years)

. Term Length – 6 years (staggered 1/3 every 2 years) . Requirements for Members At least 30 years old At least 9 year US citizen Resident of the State . 100 members . 2 per state CONGRESSIONAL HOUSE LEADERS . Speaker of the House – Chosen by the majority party . Majority Leader – Leader of with most seats . Minority Leader – Leader of party with fewer seats . Majority Whip – From majority party – job is to get majority members to support party legislation. . Minority Whip – From minority party – job is to get minority members to support party legislation. CONGRESSIONAL SENATE LEADERS

. President – Vice President of US . President Pro Tempore – Usually most senior member of majority party . Majority Leader, Minority Leader, Majority Whip, Minority Whip – same role as in House Powers of Congress

Taxes . Tax Bills – Begin in the House (Why?) . Authorization Bill – Creates a Project. . Appropriations Bill – Provides $ for a Project. Trade . Commerce Clause – gives Congress power to regulate foreign & interstate trade (air traffic, railroads, trucking, radio, television, air pollution, stock market). Foreign . Powers dealing with other countries (declare war, oversee army & navy, approve treaties, regulate trade). Powers of Congress (Non-Legislative Powers)

. Amending the Constitution – propose 2/3 of Congress . Counting Electoral Votes – If no 270 – House votes . Impeachment Process – House Impeach; Senate holds trial (removal/punishment) . Oversight – Review presidential actions, and how well laws are enforced. . Investigation – Investigate executive/judicial actions. Powers Denied to Congress

1. Suspend the Writ of Habeas Corpus

2. Pass a Bill of Attainder

3. Pass an Ex Post Facto Law

4. Tax Exports EXECUTIVE BRANCH BASICS

CONSTITUTIONAL REQUIREMENTS GENERAL . At least 35 years old . 4 year term . Natural Born Citizen . 2 term limit (10 year maximum) (22nd . Live in US 14 Years Amendment) . $400,000 yearly – life PRESIDENTIAL SUCCESSION . Vice-President . Speaker of the House . President Pro Tempore . Cabinet Members . (naturalized citizens excluded from line of succession) ELECTORAL COLLEGE . Purpose – Officially Elects the President & Vice-President NUMBERS . 538 Total (DC gets 3 electors) . 270 to win . Each State – Equal to total members in Congress . Winner Take All – Majority of Votes in a State – Takes all Electoral Votes. (Except 2 States) ROLES & POWERS OF THE PRESIDENT

Chief Executive Commander-in-Chief . Enforce laws passed by Congress . Head of Armed Forces . Issue Executive Orders . Call out troops . Create Budget . War Powers Act – report to Congress Chief Diplomat within 60 days . Enter into Treaties Chief of State . Make Executive Agreements . Meet with foreign dignitaries . Appoint Ambassadors . Throw out first baseball Legislative Leader . Easter Egg Hunt . Introduce legislation . Symbolic Leader . State of the Union Address Party Leader Economic Leader • Lead political party . Prepare the Federal Budget • Support members running for office Foreign Policy Nation’s overall plan for dealing with other countries

. 4 Goals: National Security, International Trade, Promote World Peace, Promote . Treaty – formal agreement between two or more nations. President enters into treaties, must be approved by Senate. . Executive Agreement – agreement between President and the leader of another country. . Ambassador – appointed by President to represent US in another country. . Foreign Aid – money, food, or military assistance given to another country. . Limitations – Trade Sanctions & Embargoes IMPEACHMENT PROCESS . Process of bringing formal charges against a public official who can be removed from office for treason, bribery, or serious misconduct. 2 Steps of the Impeachment Process 1. House of Representatives – must pass by a majority vote the “Articles of Impeachment.” 2. Senate – Chief Justice of the Supreme Court presides over the Senate acting as a court. A 2/3 vote of Senators is required to remove an official from public office. JUDICIAL BRANCH

. Appointed by the President . Approved by 2/3 of the Senate . Serve Life Terms 4 Types of Jurisdiction (authority to hear a case) 1. Original – a court’s authority to hear a case first. 2. Appellate – a court’s authority to hear appeals. 3. Exclusive – only federal courts have authority to hear cases. 4. Concurrent – both state and federal courts can hear cases. US DISTRICT COURTS

. 94 Courts in the US – At least One in every State with original jurisdiction for civil and criminal cases . People Involved – Judge, 12 Jurors, Plaintiff, Defendant . Decisions – Responsible, Not Responsible, Innocent, Guilty . Responsible or Guilty – Have Right to Appeal US CIRCUIT COURTS

. 12 Courts Nationwide + 1 Federal Circuit . Appellate Jurisdiction – Hear appeals from District Court . Types of Cases – Criminal & Civil . People Involved – 3 Judges, Plaintiff, Defendant . Decisions – Uphold, Overturn, Remand . Uphold – May appeal to the Supreme Court US SUPREME COURT . 1 Supreme Court . Jurisdiction – Original, Appellate . Types of Cases – Disputes between states, involving ambassadors, admiralty/maritime law, appeals dealing with Constitutional Issues . People Involved – 9 Supreme Court Justices, Plaintiff, Defendant . Decisions – Uphold, Overturn, Remand . Written Opinions – Majority, Concurring, Dissenting