More Power: The Executive, Legislative, and Judicial Branch

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1 More Power: The Executive, Legislative, and Judicial Branch

2 The Executive Branch Qualifications four year term natural born citizen and a resident 14 years 35 years or older Powers execution and enforcement of laws veto laws negotiate treaties commander-in-chief appoint federal judges, can commute sentences

3 The Presidency: *George Washington as precedential no official political party first president of the newly formed United States elected unanimously (only one) established an informal two term limit neutrality in war- no entangling alliances established a cabinet of advisors Department of the Treasury = Alexander Hamilton Secretary of State = Thomas Jefferson

4 The Presidency: *George Washington as precedential first inaugural address (1789) Besides the ordinary objects submitted to your care, it will remain with your judgment to decide, how far an exercise of the occasional power delegated by the Fifth article of the Constitution is rendered expedient at the present juncture by the nature of objections which have been urged against the System a reverence for the characteristic rights of freemen, and a regard for the public harmony, will sufficiently influence your deliberations on the question how far the former can be more impregnably fortified, or the latter be safely and advantageously promoted.

5 The Presidency: *George Washington as precedential first farewell address (1796) Hence, likewise, they will avoid the necessity of those overgrown military establishments which, under any form of government, are inauspicious to liberty, and which are to be regarded as particularly hostile to republican liberty. The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension has perpetrated the most horrid enormities, is itself a frightful despotism... The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction

6 Talk to your partner... How would the presidency of George Washington s compare and contrast to the office of the president of today? What has changed? What has remained the same?

7 Legislative Branch Qualifications Senate (100)- six year terms 30 years old, citizen for 9 years, live in the state House of Representatives (435)- two year terms 25 years old, citizen for 7 years, live in the state Powers originating bills on taxes (House) approving treaties and impeaching officials (Senate) override veto with ⅔ vote and approve presidential appointments (both)

8 Legislative Branch elastic clause- Congress to make all laws necessary and proper to execute their roles Section 8 of Article I

9 The Judiciary Branch outlined in Article III (the shortest out of the first three articles) Federalist Paper #78- "The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution... [it] may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

10 The Supreme Court Article III did not outline specifics of a supreme court Judiciary Act of authorized a Supreme Court and federal court system allowed state court decisions to be appealed to a federal court when issue of the constitution were raised

11 Judicial Branch Supreme Court life term, nominated by the president no requirements for judgeship originally 6 Supreme Court- now 9 Power interpret the law preside over cases between or involving the states judicial review***

12 Power of the Court just as President Adams was leaving office, he authorized the appointment of several judges (who were Federalists) new President, Thomas Jefferson, threw out the appointments of these midnight judges, citing they were not signed

13 Power of the Court in Marbury v. Madison (1803), Chief Justice John Marshall declared that part of the Judiciary Act of 1789 was unconstitutional first time the Supreme Court had overturned an act of Congress established the principle of judicial review- courts can examine actions of legislative and executive branches

14 On the worksheet... write the different ways the branches of government can check each other in the arrows

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