STRUCTURE & FUNCTION of
FEDERALISM
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Federalism, Separation of Power, Checks & Balances
• Legislative Branch - Congress
• Executive Branch – President
• Judicial Branch – Supreme Court
• NC State Government
• NC Local Government
FEDERALISM, SEPARATION OF
POWER, 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.
CHECKS & BALANCES
LEGISLATIVE BRANCH - CONGRESS
CONGRESSIONAL TERMS
• 2 Years in Length
• Currently the 113th 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
25 years old
7 year US Citizen
Resident of the State
• 435 Members
• Based on State Population
• Changes w/ Census (10 yrs)
VOCABULARY
• Census – Population Count
• Constituents – people who
vote in an election
• Gerrymandering – dividing a
state into odd-shaped
districts for political
reasons
SENATE
BASIC INFORMATION
• Term Length – 6 years (1/3 every 2 years)
• Requirements for Members
30 years old
9 year US citizen
Resident of the State
• 100 members
• 2 per state
CONGRESSIONAL LEADERS
HOUSE OF REPRESENTATIVES
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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.
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SENATE
President – VP of the US
President Pro Tempore –
Usually the most senior
member of 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.
Powers of Congress
(Money, Trade, & Foreign Policy)
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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)
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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
HOW A BILL BECOMES A LAW
EXECUTIVE BRANCH
BASIC INFORMATION
CONSTITUTIONAL
REQUIREMENTS
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35 years old
Natural Born Citizen
Live in US 14 Years
GENERAL
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4 year term
2 term limit (10 year
maximum) (except FDR)
$400,000 yearly – life
• TRADITIONAL
REQUIREMENTS
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White Males (Except Obama)
Protestant (Except JFK)
College Educated (Many)
PRESIDENTIAL SUCCESSION
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Vice-President
Speaker of the House
President Pro Tempore
Cabinet Members
ELECTORAL COLLEGE
• Purpose – Officially Elects the President & Vice-President
NUMBERS
• 538 Total
• 270 to win
• 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
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Enforce laws passed by
Congress
Issue Executive Orders
Create Budget
Commander-in-Chief
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Chief Diplomat
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Enter into Treaties
Make Executive Agreements
Appoint Ambassadors
Legislative Leader
• Introduce legislation
• State of the Union Address
Economic Leader
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Prepare the Federal Budget
Head of Armed Forces
Call out troops
War Powers Act – report to
Congress within 60 days
Chief of State
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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
Goals of Foreign Policy
• National Security – ability to keep nation safe
from attack
• International Trade - provide markets to sell
goods
• Promote World Peace
• Promote Democracy
Foreign Policy
Nation’s overall plan for dealing with other countries
Executive Agencies & Departments
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Department of State
Department of Defense
CIA
National Security Council
Foreign Policy Vocabulary
• 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
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Impeachment – The process of bringing formal charges against a
public official. According to the Constitution, any public official,
including the president, can be impeached and 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.
3 Historical Examples
Andrew Johnson (Tenure of Office Act) Impeached, not removed
Richard Nixon (Watergate Scandal) Resigned before Impeachment
Bill Clinton (Perjury) Impeached, not removed
JUDICIAL BRANCH
BASIC INFORMATION
Types of Cases
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Civil – involves a lawsuit filed (plaintiff), and (defendant)
court decides responsibility
Criminal – involves a crime committed. (Plaintiff =
government) v. (defendant = accused)
Judges
Appointed by the President
Approved by 2/3 of the Senate
Serve Life Terms
JURISDICTION
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Jurisdiction – a court’s authority to hear a case
4 Types of Jurisdiction
1.
Original Jurisdiction – a court’s authority to hear a case
first.
Appellate Jurisdiction – a court’s authority to hear
appeals.
Exclusive Jurisdiction – federal courts have authority to
hear cases.
Concurrent Jurisdiction – both state and federal courts can
hear cases.
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US DISTRICT COURTS
Jurisdiction
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94 Courts in the US – At least One in every State
Original Jurisdiction – Hear Cases first
Types of Cases – Civil, Criminal
People Involved – Judge, 12 Jurors, Plaintiff, Defendant
Decisions – Responsible, Not Responsible, Innocent, Guilty
Responsible or Guilty – Have Right to Appeal
US CIRCUIT COURTS
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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
US SUPREME COURT
• 1 Supreme Court
• Jurisdiction – Original, Appellate
• 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
NC State Constitution
State & Federal Government Similarities
- Preamble
- Bill of Rights
- Framework of Gov
- 3 Branches of Gov
- State Powers
- Gov Responsibilities
- Provision for Local Gov
- Amendment Process
Constitutional Principles
- Popular Sovereignty
- Checks & Balances
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- Separation of Power
- Amendment (flexibility)
NC Constitution
Constitution of 1776 – created a bicameral legislature, executive
headed by governor and a Council of State, and a court system.
Constitution of 1868 – US Congress required all former Confederate
States to rewrite Constitution. All men 21 years or older could
vote, regardless of race.
Constitution of 1971 – Freedom of Speech and equal protection
added.
NC General Assembly
(Legislative Branch)
LEGISLATIVE BRANCH – General Assembly – Make the Law
Statute – a law passed by the state government.
House of Representatives
Members
120
Term Length
2 years
Qualifications
21 years old
district 1 year
Senate
50
2 years
25 years old
2 years in NC
district 1 year
Legislative Sessions – odd # years = long session – January to June.
even # years = short session – begins in May and lasts 6 weeks.
Governor may also call special sessions.
Law Making Process – very similar to US Congress. Override veto only
requires 60% of both houses.
NC Executive Branch
EXECUTIVE BRANCH
Governor – Enforce the Law
Term Length – 4 Years – 2 consecutive term limit
Qualifications – 30 years old, live in US 5 years, live in NC 2 years
Lieutenant Governor
Term Length – 4 Years
Qualifications – 30 years old, live in US 5 years, live in NC 2 years
Duties - President of the Senate, serves on various boards &
commissions.
Executive Departments
Cabinet – 10 members appointed by the governor
Council of State – 8 members elected by the people of NC. Operate
independently of the Governor.
NC Judicial Branch
JUDICIAL BRANCH
Interpret the Law
District Court – civil cases < $10,000; misdemeanors, domestic,
juveniles – judges elected 4 year terms
Superior Court – civil cases> $10,000; felonies, appeals of
misdemeanors – judges elected 8 year terms
Court of Appeals – 3 judges per case; appeals except the death
penalty – judges elected 8 year terms
Supreme Court – 7 justices; appeals – first appeal of death penalty –
judges elected 8 year terms
Landmark Court Decisions
Bayard v. Singleton (1787) – family property seized by state law for
being a loyalist. Appeals court ruled law unconstitutional (judicial
review – state gov)
Leandro Case (1997) – ruled that the state constitution does not
require equal funding of education.
GOVERNMENT FINANCES
State Budget Process
Fiscal Year – (July 1 – June 30)
Budget – Begins July 1 of odd-numbered year – June 30 of
next odd-numbered year.
Revenue - $ the state government has to operate. (Taxes,
fees, etc…)
Expenditures - $ the state government will spend on programs.
Balanced Budget – Expenditures = Revenue
Governor – prepares budget for two fiscal years.
General Assembly – must pass the budget. Propose ways to
raise revenue & cut expenditures. Often they do not pass
budget by July 1.
LOCAL GOVERNMENT
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Types of Local Government – County & Municipality
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Municipality – a city, town, or village with an organized
government and the authority to make and enforce laws.
(State General Assembly grants charter)
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Ordinance – a law passed by a local government.
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Zoning – designating different areas of land for different
uses.
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residential – housing
commercial – business (retail, etc…)
industrial – factories
Annexation – incorporating land into a
municipality.
COUNTY GOVERNMENT
County Government
County Commissioners – voters elect commissioners (3-11).
Chairperson – may be elected or chosen by commissioners.
County Commissioners are responsible for the following…
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Hire administrators for education, elections, mental
health, public health, social services, alcoholic beverage
control, and soil and water conservation.
County Manager – Hired by the County Commissioners.
Responsible for budget.
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LEA – Local Education Authority
Voters elect a school board to carry out state education
policy.
MUNICIPAL GOVERNMENT
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Municipality Government
Each municipality elects a governing board. (City Council,
Town Council, Board of Commissioners, Board of Alderman)
Elections (At Large, by Ward, or Mixture)
Pass Ordinances – municipal policies, approve budgets, set
municipal tax rates, regulate what people can do in the
municipality.
Mayor-Council Plan
Usually elected, not always. In this system the mayor
serves as the executive. Carries out policies, budget, etc…
Council-Manager Plan
Governing board hires a professional called a “manager”, to
carry out policies. This is how Kernersville, W-S, etc…
operate.
GOVERNMENT FINANCES
Local Government Budget
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Expenditures
utilities (water, sewage)
public safety
public schools
public health
mental health
social services
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Revenues
user Fees (water, sewage)
property tax
intergovernmental revenue
• C&G.2
• 2.1 Distinguish between the structures of the branches of
government and the levels of government in the United States. In
your response indicate three differences between them.
• 2.2 Compare and contrast two roles of North Carolina state and
local government in the lives of citizens.
2.3 "The object of the [Fourteenth] Amendment was undoubtedly to
enforce the absolute equality of the two races before the law, but in the
nature of things it could not have been intended to abolish distinctions
based upon color, or to enforce social, as distinguished from political,
equality, or a commingling of the two races upon terms unsatisfactory to
either." —Justice Henry Billings Brown, speaking for the majority in Plessy
v Ferguson
We conclude that, in the field of public education, the doctrine of
"separate but equal" has no place. Separate educational facilities are
inherently unequal.
Majority Opinion Brown v Board of Education of Topeka Kansas 1954
Critique how Plessy vs Ferguson and Brown vs Board of Education
demonstrate the concept of a “living constitution”, utilize the excerpts
from the court documents provided. In your response, discuss two
differences.