End of Course
Examination
Review Session
Part II: American
Government Structure
THE LEGISLATIVE BRANCH
 Congress possess lawmaking powers:
 Expressed powers - Powers written down
(enumerated) for Congress in the
Constitution
 Implied powers - Powers exercised by
Congress which are not explicitly given by
the constitution itself but necessary and
proper to execute the powers which are.
 Elastic clause - Granting Congress the
power to pass all laws necessary and proper
for carrying out the written in the
Constriction (found in Article 1 section 8
clause 18).
 Congress also possesses a few non-legislative
powers:
 Electoral powers – Senate may select a
Vice-President, House selects President if
no majority of electoral votes is achieved.
 Amendment powers – Congress may
initiate an amendment.
 Impeachment powers – Congress may
impeach and remove a person from elected
office.
 Investigative/oversight powers – Congress
may launch investigations for abuse of
power in government or the economy.
 Congress also possesses a few non-legislative
powers:
 Electoral powers – Senate may select a
Vice-President, House selects President if
no majority of electoral votes is achieved.
 Amendment powers – Congress may
initiate an amendment.
 Impeachment powers – Congress may
impeach and remove a person from elected
office.
 Investigative/oversight powers – Congress
may launch investigations for abuse of
power in government or the economy.
STRUCTURE OF CONGRESS
 House of Representatives – The Lower House
(Less Prestige).
435 members that are apportioned by
population.
Serve two year terms.
Must be 25 years old, citizen for at least for
7 years, and live in state.
 Senate – The Upper House (More Prestige).
100 members with 2 from each state.
Serve 6 year terms (1/3 of Senate is elected
every 2 years).
30 years old, 9 year citizen, live in state.
Larger constituents- entire state.
ELECTION TO HOUSE
 Apportionment: distribution of representation
based on state’s population.
 Reapportionment: the redistribution of
Congressional seats following the census.
 Redistricting: the drawing of congressional
district boundary lines by state legislatures.
 Gerrymandering: Drawing lines to favor one
party of group over another.
ELECTION TO SENATE
 Members originally chosen by state
legislatures.
 Seventeenth Amendment – Direct election of
senators by people since 1913.
HOW ARE LAWS MADE?
 Bills or proposed laws may begin in the either
house (EXCEPT revenue bills, which must
begin in the House of Representatives.
 How are laws changed?
Meaning can be changed through judicial
review and judicial interpretation.
Amendments can be added to Constitution
to change laws.
 How are laws enforced?
Through bureaucratic agencies - FBI, CIA,
EPA.
Through civil servants- police, local and
state government.
THE EXECUTIVE BRANCH
 Formal qualifications are explained in Article II.
 Natural Born US citizen.
 35 years old.
 Resident of US 14 years.
 There are informal qualifications:
 Political or Military Experience.
 Political Acceptability.
 Married.
 White Northern European Ancestry (Changing).
 Protestant (With one exception).
 Term of office was redefined with Twenty-second
Amendment:
 Two terms (Four years each).
 Or a total of ten years.
 Amendment passes after FDR ran successfully for
four elections.
THE ELECTION PROCESS
 Primaries held March-Aug of election year:
May be open (all registered voters) or closed
(those belonging to a party).
Caucus - Meeting with delegates to select
candidates.
Nominating conventions are held by parties
to nominate candidate
 National Convention – Delegates choose
Presidential and Vice-presidential candidates
for each party.
 Campaigns and General Election usually
focus on travel to swing states.
 General Election – Voting open to all
registered voters vote on the First Tuesday
after the first Monday in November.
 Electoral College – Popular votes in each
state decide which candidate will receive
the electoral vote for that state (winner take
all).
 Candidate must win 270 of the 538 to
win.
 Each state has Electors (the number of
state’s representatives and senators).
 If no candidate receives a majority, the
House selects the President and the
Senate selects the Vice-President.
PRESIDENTIAL POWERS
 Executive Powers
 Enforces laws, treaties, and court
decisions.
 Issues executive orders.
 Appoints and removes officials.
 Legislative Powers
 State of the Union address.
 Annual budget and economic reports.
 Signs or vetoes bills.
 Party Powers
 Party Leader.
 Chooses Vice-President.
 Influences policies and platform of party.
 Diplomatic Powers
 Appoints ambassadors.
 Negotiates
treaties
(Executive
Agreements).
 Meets with foreign leaders.
 Receives foreign dignitaries.
 Military Powers
 Commander-in-chief.
 Judicial Powers
 Pardons, reprieves, and amnesty.
 Appointment members to judiciary.
BUREAUCRACY
 Systematic way or organizing a complex
administrative structure.
 Responsible for carrying out the day-to-day
tasks of the organization.
 Organization of the Federal bureaucracy –
HUGE!
Cabinet Departments
Fifteen executive Departments appointed
by President and confirmed by Senate.
Operate a specific area of government
activity and advise President (i.e.
Secretary of State).
Independent Executive Agencies
Similar to departments but without
cabinet status.
NASA, CIA, and Small business
Administration.
Independent Regulatory Agencies
Independent from Executive.
Created to regulate or police.
Securities Exchange Commission and
Federal Reserve Board.
Government Corporations
Created by Congress to carry out
business-like activities.
They charge for services- TVA,
AMTRAK, US Postal Service.
THE JUDICIAL BRANCH
 Jurisdiction – Authority of Courts to hear certain
cases
 Federal Courts – According to constitution, have
jurisdiction over cases involving federal law,
treaties, and interpretation of the Constitution
 Original Jurisdiction – Ability to hear a case for
the first time (where evidence and case is
presented the first time)
 Federal District Courts and Supreme Court
 Appellate Jurisdiction – Ability to hear a case
that is appealed from a lower court
 US Court of Appeals and Supreme Court
 Concurrent Jurisdiction – Allows certain types
of cases to be tried in either state or federal
courts.
DISTRICT COURTS
 Judiciary Act of 1789 – Established the
structure of our Federal Court System.
 Set up district courts to serve as trial courts
at the federal level.
 Every state has at least 1 district court.
 Currently 94 districts.
 Have original jurisdiction and decide civil
and criminal arising under Constitution and
federal laws or treaties.
 80% of federal cases are heard in district
courts.
COURTS OF APPEALS
 Congress established current form in 1891.
 To help with workload of Supreme Court.
 Decides appeals from US district courts.
 13 US Courts of Appeals.
 States divided into circuits or judicial
districts.
 Have only appellate jurisdiction - only
hear appeals from lower courts.
 Panel of judges decides cases in Courts of
Appeals.
SUPREME COURT
 Only court created directly in the
Constitution.
 Highest Court in federal court system.
 Final authority of court of last resort with all
questions arising from Constitution, federal
laws, and treaties.
 Has original and appellate jurisdiction:
 Most cases are on appeal from district or
courts of appeals.
 It can also come from state Supreme
Courts.
 Use original jurisdiction if it involves a
foreign dignitary or where states are
involved.
SUPREME COURT CASES
 Marbury v. Madison – Judicial Review.
 McCulloch v. Maryland – Federalism.
 Miranda v. Arizona – Due Process.
 Plessy v. Ferguson – Segregation is legal.
 Brown v. Board of Education - Segregation is
illegal.