American Government and Economics:
Unit 5: Three Branches of Government
Mr. Chortanoff
Overview and Insights
Chapters 10-18
Big Ideas:
The beauty and uniqueness of American
democracy exists in the division of power
between three equally powerful branches
of government which check and balance
one another to preserve the Founding
Fathers’ vision of a limited government.
Unit Essential Question:
What are the primary responsibilities
and basic structure of our three
branches of government?
3 Concepts = 3 Branches
THE LEGISLATIVE BRANCH
THE EXECUTIVE BRANCH
THE JUDICIAL BRANCH
1. How is Congress organized?
1. How is the Executive Branch 1. How is the Federal court
organized?
system organized?
2. What are the powers of
Congress?
2. What are the powers of the
Executive Branch?
2. What are the powers of the
Federal Judiciary?
3. How do bills become laws?
3. What is the bureaucracy
and its functions?
3. What is judicial review?
The Legislative Branch: Organization
• Congress meets in the Capitol Building
• Congress is divided into 2 houses (bicameral)
– The House of Representatives (number is based
on state population. A total of 435 members are
divided among the fifty states)
– The Senate (2 per state, total of 100)
• Reps serve for a two year term
• Senators serve for a six year term
• Election requirements exist
Congress works BY Committees
Expressed
Powers lead to
Implied Powers
The Executive Branch: Organization
President
Vice
President
Advisors
Cabinet
People
Military
Election?
The Electoral College
Voters do not vote directly for the President.
Instead, they vote for electors in the Electoral College.
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All States, except two (Maine and
Nebraska), select electors based on the
winner of the popular vote in that
State.
Electors then meet in the State capitals
on the Monday after the second
Wednesday in December and cast their
votes for President and Vice President.
•
On January 6, the electoral votes cast
are counted by the president of the
Senate, and the President and Vice
President are formally elected.
•
If no candidate wins a majority of
electoral votes (270), the election is
thrown into the House of
Representatives.
Powers
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Enforce the law
Protect the Constitution
Make treaties (to be Senate approved)
Appoint Federal Judges
Appoint other Federal officers and directors (FBI, CIA)
Appoint USSC Justices (to be Senate approved)
Commander-in-Chief of the military (approve strategy)
Recommend legislation (bills) to Congress
Veto legislation
Appoint ambassadors, Recall ambassadors
Call special session of Congress to deal with an emergency
Issue Executive Orders (rules/regs./directives)
The Defense Department
This chart shows the chain of command of the American military services.
What Is a Bureaucracy?
Bureaucracies carry out the day to day functions of
government. Three features distinguish
bureaucracies:
• Hierarchical authority. Bureaucracies are based on a
pyramid structure with a chain of command running from
top to bottom.
• Job specialization. Each bureaucrat, or person who works
for the organization, has certain defined duties and
responsibilities.
• Formalized rules. The bureaucracy does its work
according to a set of established regulations and
procedures.
The West Wing of the White House
The President’s closest advisors work in the West Wing of
the White House, near the oval office.
Executive Departments
• The executive departments, often called the Cabinet
departments, are the traditional units of federal
administration. They are designed to help the President
understand issues, develop policies, and enforce laws.
• Each department is headed by a secretary, except for the
Department of Justice, whose work is directed by the
attorney general.
• The Department of Homeland Security is the newest one.
• Today, the executive departments vary a great deal in
terms of visibility, size, and importance.
Major Elements of the Federal Bureaucracy
The federal bureaucracy is all of the agencies, people, and
procedures through which the Federal Government operates.
• The President is the chief administrator of the Federal
Government.
• In order to enact and enforce policy, Congress and the
President have created an administration—the
government’s many administrators and agencies.
• The chief organizational feature of the federal
bureaucracy is its division into areas of specialization.
Development of the Civil Service
The civil service is that group of public employees who
perform the administrative work of government,
excluding the armed forces.
• The use of patronage—the practice of giving government jobs
to supporters and friends—was in use throughout most of the
nineteenth century.
• The Pendleton Act, also known as the Civil Service Act of 1883,
laid the foundation of the present federal civil service system,
and set merit as the basis for hiring in most civil service
positions.
The Judicial Branch: Organization
US Supreme
Court
Federal
Courts
State, County,
Local Courts
Types of Federal Courts
The Constitution created only the Supreme Court, giving Congress the
power to create any lower, or “inferior,” courts as needed.
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Chapter 18, Section 1
Powers
• Interpret and apply the laws of the land
• Jurisdiction is defined as the authority of a
court to hear (to try and to decide) a case.
Know the law
Interpret the law
(hear the case,
review the
evidence)
Apply the law
(decision/ruling)
Justice
How Federal Cases Are Appealed
Appealing a Case to the Supreme Court
Opinions of the USS Court
Once the Court finishes its conference, it reaches a decision and its opinion is written.
Majority Opinion
The majority opinion, formally
called the Opinion of the Court,
announces the Court’s decision in a
case and its reasoning on which it is
based.
Precedents
The majority opinions stand as
precedents, or examples to be
followed in similar cases as they
arise in the lower courts or reach the
Supreme Court.
Concurring Opinions
Concurring opinions are
sometimes authored by justices to
add or emphasize a point that was
not made in the majority opinion.
Dissenting Opinions
Dissenting opinions are often
written by those justices who do not
agree with the Court's majority
opinion.
Judicial Review
• “Judicial Review” is the Judicial Branch’s check to
the other two branches
• “JR” refers to the power of a court to determine
the constitutionality of a government action or
law.
• The Supreme Court first asserted its power of
judicial review in the case of Marbury v. Madison
(1803).
• The Court’s decision laid the foundation for its
involvement in the development of the American
system of government.