Part II: STRUCTURE & FUNCTION of FEDERALISM

Part II: STRUCTURE & FUNCTION of FEDERALISM

CHECKS & BALANCES

Federalism System of Government 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 Executive 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 115 th 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 Term Length 2 Years Requirements for Members 435 Members At least 25 years old At least 7 year US Citizen Resident of the State District Based on State Population Changes w/ Census (population count every 10 years) Constituents people who vote in an election Gerrymandering dividing a state into odd-shaped districts for political reasons

SENATE Term Length 6 years (staggered elections 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 political party 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 Policy 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 At least 35 years old Natural Born Citizen Live in US 14 Years 4 year term GENERAL 2 term limit (10 year maximum) (22 nd 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 538 Total (DC gets 3 electors) 270 to win NUMBERS 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 Enforce laws passed by Congress Issue Executive Orders Create Budget Chief Diplomat Enter into Treaties Make Executive Agreements Appoint Ambassadors Legislative Leader Introduce legislation State of the Union Address Economic Leader Prepare the Federal Budget Commander-in-Chief Head of Armed Forces Call out troops War Powers Act report to Congress within 60 days Chief of State Meet with foreign dignitaries Throw out first baseball Easter Egg Hunt Symbolic Leader Party Leader Lead political party 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 Democracy 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. House of Representatives must pass by a majority vote the Articles of Impeachment.. 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

1 Supreme Court Jurisdiction Original, Appellate US SUPREME COURT 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