Unit 3 Branches & Levels of Govt Objective 1 Analyze the structure and powers of the federal executive, legislative, and judicial branches. Objective 2 Compare and contrast branches of government at the local, state, national, and international levels. FEDERAL LEGISLATIVE STATE JUDICIAL President, VP Cabinet Exec Dept/Agencies Exec. Office of Pres. (EOP) Fed. Bureaucracy U.S. Supreme Ct
Circuit Cts of Appeals District Courts - Senate - House of Rep Governor N.C. Councils of State Lt. Gov Cabinet N.C. Supreme Ct Court of Appeals Superior Courts District Courts Municipal: Council, Mayor Municipal: Manager, Police Chief Run at local level on behalf of the state: County: Board of Commissioners
County: Manager, Sheriff U.S. Congress: - Senate - House of Rep N.C. General Assembly: LOCAL EXECUTIVE - District Attorney - Lower court judges Organization of Congress HOUSE SENATE Lower Lower house house Upper
Upper house house By By population population census, census, districts districts within within state state 22 yr yr terms, terms, all all reps reps run run every every time time 25 25 yr yr old, old, 77 yr yr citizen citizen Speaker
Speaker of of the the House House Equal Equal 22 per per state state ? 66 yr yr terms, terms, elections elections staggered staggered 1/3 1/3 at at aa time time 30 30 yr yr old, old, 99 yr yr citizen citizen
Vice Vice President President & & President President pro pro temp temp Leadership Speaker of House is the most powerful member of Congress why? Elected by majority party Next in line after VP in line of succession Can steer legislation, decide on priorities VP and President pro tempore preside over the Senate only VP can only vote if there is a tie why? President pro temp (when VP is absent) Senior member of the majority party No special powers, mostly honorary position Majority leader of the Senate and Minority leader of the House are also very influential in organizing votes, etc. Elected by majority/minority party
Committee chairs have a lot of power to decide on the fate of bills Chosen by seniority What are the pros/cons of this system? Committees are where bills start: they can be killed in committee before they ever go to the floor for a vote Committees Standing = permanent Examples: Budget, Foreign Relations, Armed Services, Agriculture, etc. Select = temporary, deal with a special issue Examples: Homeland Security, Indian Affairs Joint = include members of both houses Examples: Taxation, Economics, Library Congressional Powers Review: what type of powers are given to the federal government? Money Taxes, borrowing, coining
Commerce Regulate interstate and foreign trade Military and Foreign Policy Declare war, provide and regulate armed forces Other Naturalization laws, post office Implied Powers Review: where does the Constitution give Congress its implied powers? Examples: Power to tax implies power to support schools, welfare programs, etc. Power to borrow implies power to maintain the Federal Reserve Board Power to regulate commerce implies power to prohibit discrimination in restaurants, etc. Power to provide armed forces implies right to draft Power to establish naturalization laws implies right to limit immigration Impeachment Congress has the power to impeach federal government officials Only 2 presidents have been impeached who?
What other officials are sometimes impeached? Impeach = accuse of misconduct Process Begins when the House votes to impeach Trial takes place in the Senate Ends when the Senate votes on guilt or innocence 2/3rds vote necessary to remove from office Limits Bill of Rights outlines laws that Congress cannot pass example? Checks and Balances: President can veto a bill, the Supreme Court can rule an act unconstitutional Other limits: Cannot favor one state over another or interfere with reserved powers of the states Cannot tax intrastate commerce or exports Cannot suspend the right of habeas corpus Court order requiring police to bring prisoners to court to explain why they are being held Cannot pass a bill of attainder Punish a person without a jury trial Cannot pass ex post facto laws Punish an action that was not illegal when committed
Representing the People Making laws Write and introduce bills, participate in committees, debate and vote on bills on the floor Casework Help constituents who request help or information Pork-barrel projects Create public works projects that help home state/district Help businesses at home get federal grants and contracts Why is there so much debate about pork? N.C. General Assembly Review: what kind of powers are granted to the states? Regulate intrastate commerce, establish local govts , run elections, provide education, protect public health and welfare Organization, leadership, lawmaking process, checks/balances very similar to U.S. Congress One major difference: Amendments to the NC Constitution are decided through an election - current example? Statutes = laws that apply statewide Examples: Smoking in restaurants, lottery
Local Legislatures Created by General Assembly through incorporation (charter) or annexation (addition) Make ordinances (local laws): taxes, budget, policies Municipal (city/town) County Legislative Body City/town Council Board of Commissioners Leader Mayor Chairperson Services (major examples) Taxes, Law enforcement, Taxes, Law enforcement, Waste, Water, Libraries, Parks Waste, Water, Libraries, Parks Streets and sidewalks Traffic control Gas
Electricity Elections Jails Public schools Social services Federal Executive Branch Presidential Advisers Appointed, some must be approved by Senate President Cabinet Vice President Secretaries of Depts Executive Departments State, Defense, Treasury, Justice,
Labor, Education, Agriculture, Energy, Homeland Security, etc. EOP (Exec Office of Pres) White House Office, Office of Management and Budget (OMB), National Security Council (NSC) Independent Agencies NASA, FCC, USPS, etc. First Spouse The Federal Bureaucracy Civil service workers make up about 90% of the executive branch The President Chief Executive Carry out laws, head bureaucracy, issue executive orders
Chief Diplomat Direct foreign policy, make treaties, appoint ambassadors, issue executive agreements and trade sanctions Commander in Chief Head military, order troops into battle or to do other peacetime jobs Chief of State Greet and visit other leaders, carry out ceremonial functions Legislative Leader Propose and influence legislation process, veto/sign laws, give State of Union Judicial Leader Appoint federal/Supreme Ct judges, grant pardons or amnesty, issue reprieves Economic Leader Create policies to help economy
grow/solve problems, plan budget Party Leader Lead party, fundraise, campaign for or appoint other party members Foreign Policy Four main goals: National Security State Dept, Dept of Defense, Dept of Homeland Security, National Security Council (Top military commanders, CIA) International trade If a main goal is to encourage international trade, why would the President ever issue an embargo? Promoting world peace Ex. Leader in the United Nations, Middle East peace process, etc. Promote democracy around the world How successful have we been? Limits Can be impeached by Congress Executive orders subject to judicial review by Supreme Ct Korematsu v. U.S. (1944): Do you think the Court upheld the internment of Japanese Americans during WW2? Do you agree with
the courts decision? Senate must approve all appointments Judges, Cabinet/Agency heads, Ambassadors Congress must declare war, approve long-term troop deployment War Powers Act of 1973: Why would Congress limit the power of the President to wage war after Vietnam? Must get sponsors for bills, Congress can override veto with 2/3 vote in both houses Advisers What is the role of the Vice President? Cabinet Heads of Executive Departments Must be approved by Senate Sec. of State, Defense, and Treasury most powerful Executive Office of the President (EOP) White House Office Political appointees, closest advisers Chief of Staff most powerful, Press Secretary most visible Office of Management and Budget (OMB) Prepares the budget, matches proposals with goals of the administration
National Security Council directs military and foreign policy Joint Chiefs of Staff, Sec of State and Defense, Director of CIA, etc. Bureaucracy Functions Develop specific rules and procedures based on new legislation Administer day-to-day operations such as delivering mail, sending out Social Security checks, and collecting taxes Regulate activities of companies, labor unions, airlines, nuclear power plants, etc. Parts Executive Departments (under the Cabinet) Independent Agencies Executive Agencies (NASA), Govt Corporations (Post Service), and Regulatory Boards/Commissions (FCC) Civil Service Workers Federal government employees hired to work for a department or agency on a longterm basis Chosen based on the merit system, not political why? N.C. Executive Branch Elected independently from Governor Governor
Ch a i rper Appointed by Gov. Cabinet (Secretaries) Departments so n o f Cou ncil Council of State Lt. Governor Sec. of State Attorney General Superintendent of Schools State Auditor State Treasurer Commissioner of Labor Commissioner of Agriculture
(Commerce, Health and Human Resources, Transportation, Public Safety, Board of Education, etc.) Departments and Agencies What are the pros and cons of our states divided executive branch? Local Executives In NC, mayors have almost no executive power and serve mainly as the chairperson of the city/town council (weak mayor system) Why might this form of government developed over time to replace the strong executive mayor system? So in NC municipalities and counties, the executive is a Manager is hired by the council/board to carry out local laws and head executive departments What are the pros/cons of this system? The head of law enforcement for a municipality is the Chief of Police (hired by council) and for a county is the Sheriff (elected by voters) Why elect the sheriff? Shared Legislative & Executive Powers Congress
Congress creates creates and and funds funds the the military, military, approves approves long-term long-term troop troop use, use, declares declares war, war, and and WAR approves approves treaties treaties (expressed) (expressed) Congress, Congress, General General Assembly, Assembly, and
and local local Councils/Boards Councils/Boards approve approve budgets, budgets, make make laws laws that that determine determine how how to to spend spend tax tax money money BUDGET (concurrent) (concurrent) President President commands commands the the military,
military, deploys deploys troops, troops, negotiates negotiates treaties, treaties, can can ask ask for for aa war war declaration declaration President, President, Governor, Governor, and and local local Managers Managers propose propose budgets, budgets, make make decisions decisions about about money
money allocated allocated to to programs programs and and agencies agencies Federal Court System Jurisdiction = authority to hear and decide a case Exclusive: Only federal courts can hear these cases Example? Concurrent: Federal and state courts can hear Example? Original: Hear case for first time Appellate: Hear cases when lower court decision is challenged (can uphold/reverse the decision, or remand back to lower court to be tried again) Judges are appointed by President Who approves the appointment? Lifetime appointment (can retire or be impeached) Review: what is a precedent?
Hierarchy Jurisdiction Major Examples of Cases U.S. Supreme Court (1) Limited original Cases involving final interpretation of the U.S. Constitution (examples?) Disputes between states (examples?) Cases involving foreign diplomats Appeals of decisions made by Circuit Courts Circuit Cts of Appeals (13) Appellate Appeals of decisions made by District Courts Original Criminal violations of federal laws (examples?)
Civil lawsuits between parties from different states or against the federal govt (examples?) Cases involving foreign govts or international waters Appellate Federal District Courts (94) (disputes between states, diplomats) (Only level in the federal court system to hear testimony and include juries) U.S. Supreme Court Judicial review was first established in the Supreme Court case Marbury v. Madison Review: What is the power of judicial review? What branches/levels of government are subject to judicial review examples? Limits on the Courts power: Depends on executive officials at all levels to enforce its decisions (Ex.
Brown v. Board of Ed) Congress can get around a ruling by passing a new law or adopting a new amendment to the Constitution Can only rule on cases that involve federal questions and come to it through the appeals process Justices are appointed by President, approved by Senate, can be impeached Landmark Decisions Lawyers only present written and oral arguments, answer questions from justices Justices meet in conferences to discuss Consider precedents, changing social conditions, and differing legal views current examples? Justices write their Opinions Majority: Official explanation of final decision Dissenting: A justice may choose to explain why he/she disagrees with the decision why? After the announcement, all lower courts must use the decision as the new precedent in similar cases (stare decisis let the decision stand) N.C. Courts N.C. Supreme Court Highest appeals, death penalty cases
state constitution/law interpretation Every state level judge in NC is elected, not appointed why? When could a case go higher than the N.C. Supreme Ct? N.C. Court of Appeals Trial court appeals for new verdict Superior Courts District Courts MINOR civil and criminal cases, juvenile cases, search/arrest warrants MAJOR civil suits and felony trial courts Other judicial officers: District Attorneys, Magistrates, Public Defenders N.C. Landmark Cases State v. Mann (1830)
Mann was a slaveholder arrested for beating an enslaved woman The NC Supreme Court overturned his arrest based on interpretation of the NC Constitution When would this case have been overturned? Leandro v. State (1997) Citizens from 5 low-wealth counties sued the state for money to supplement their school budgets The NC Supreme Court ruled the state is not required to ensure equal funding for all school systems A follow-up case did ensure extra funding for at-risk students Do you agree with the Leandro decision?
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