Unit 2: Structure & Function of Federalism
Crash Course Bicameral
3 Branches of Government:
Legislative Branch
Legislative branch - Congress
Bicameral
Makes laws, influenced by public opinion
Approves/disapproves of President’s appointees
Approves/disapproves of treaties (Senate)
Impeach federal judges and the President
Override a Presidential veto
Controls the money and budget/fiscal policy
The US Senate
Made up of 2 representatives from each state.
Made up of 100 members.
Serve 6 year terms.
Political party with more than half the members is
known as the majority party. The other party is
called the minority party.
The Vice President presides in
the Senate but may only vote to
break a tie.
The Majority Leader -Senator elected by
his or her party to serve as their primary
Mitch
McConnell
spokesperson and to manage the
legislative sessions.
The president pro tempore usually acts as the chairperson of the
Senate and is from the majority party.
The US House of Representatives
The Amount of representatives is based
on the population of each state.
John
Boehner
The larger body of Congress.
Made up of 435 voting members.
Serve 2 year terms.
Changes are made every 10 years after
the census is taken.
Political party with more than half the
members is known as the majority party.
The other party is called the minority party.
The overall leader of the House of Representatives is called “The
Speaker of the House” He/She is chosen by the majority party.
Impeachment and
beginning all
revenue bills.
Why? population
Making a
law
Impeachment trial,
approving
Presidential
appointments .
Why? Equality for
all states
Bill to Law Exercise
3 Branches of Government:
Executive Branch
Executive branch – the President
Enforces the laws and court opinions
Approves or vetoes laws
Appoints judges and executive
department leaders
Pardons
May call a special session of Congress
Presidential Powers:
Head of State
The President is the ceremonial head
of the US and represents the US
The President presents awards and pardons the Thanksgiving
turkey, for ex.
The President presides over state dinners.
Presidential Powers:
Economic Leader
The President plans fiscal policy.
This is the tax and spend policy
of the federal government.
The President plans the yearly
budget.
The President decides whether
to propose a budget deficit,
surplus, or balanced budget.
Check and balance?
Presidential Power:
Legislative Leader
Once a year, the President is
required by the Constitution to
give a State of the Union
address to Congress.
The President presents
legislative proposals for the year
in the speech.
The President has the power to
veto and to pocket veto (only in
the last 10 days of a
Congressional session).
The President’s Census
Bureau conducts a
census every decade.
Check and balance?
Presidential Power:
Party Leader
The President will help the party
with fundraising and elections.
The President works with
interest groups and lobbyists as
much as possible.
The President uses patronage as
favors to party members.
Check and balance?
Presidential Power:
Chief Executive
The President is in charge of the
Executive branch.
The President is responsible for
carrying out laws passed by
Congress.
The President appoints
members of the Executive
Departments and federal judges
The President may issue an
Executive Order, which has the
force of law, but may be
challenged in court. (Korematsu
v US)
Presidential Power:
Chief Executive
The President may:
①pardon
②commute
③grant a reprieve to persons
found guilty of a federal crime.
④grant amnesty to a group
that is guilty of a federal crime.
Federal Departments that assist
the President in enforcing the
law include:
●FBI
● CIA
● DEA
● ATF
● FEMA Federal Emergency
Management Agency
● Homeland Security
● ICE -Immigration and Customs
Enforcement
Presidential Power:
Chief Executive
More departments that assist
the President:
▪Department of Agriculture
▪ Department of Labor
▪ Department of Justice
▪ Department of Education
▪ Department of Health and
Human Services
▪ Department of Transportation
▪ Department of Veterans Affairs
▪ Department of Energy...
Presidential Power:
Chief Diplomat
The President is in
charge of foreign policy.
The President may sign
treaties, but must have a 2/3s
vote of approval in the Senate.
The President may sign
an Executive Agreement
with another head of
government.
Executive Departments
that help the President:
Department of State
Department of Defense
Department of Homeland
Security
Presidential Power:
Commander In Chief
The President is in charge of the
armed forces.
The President is a civilian who
outranks all generals.
The President may use the War
Powers Act of 1973 to send
troops for 60 (or 90, with
Congressional approval) days
into battle.
The President may use troops
for domestic situations, such as
riots or emergencies.
Presidential Power:
Additional info
The President is elected by the
Electoral College. 270 = winner
22nd amendment
The President may serve only 2
full terms.
3 Branches of Government:
Judicial Branch
Judicial branch – the courts,
the US Supreme
Interprets the laws and Constitution
May declare Executive Orders or
laws unconstitutional
Crash Course Checks and Balances
Checks to balance the power of the
Executive branch
• Legislative branch can:
–
–
–
–
–
Override an Executive veto
Refuse to appropriate $
Make a law the President disapproves
Impeach for illegal behavior
Refuse to approve of appointments (judges and Executive
Dept)
• Judicial branch can:
– Declare an Executive Order unconstitutional
– Interpret Executive Department regulations strictly or
loosely
• Public opinion can change an Executive’s policies
Checks to balance the power of the
Legislative branch
• Executive branch can:
– Veto
– Issue an Executive Order that has the force of law
– Enforce strictly or loosely
• Judicial branch can:
– Declare a law unconstitutional
– Interpret a law strictly or loosely
• Public opinion and voters and interest groups can
heavily influence the legislative branch and bills
Checks to balance the power of the
Judicial branch
• Legislative branch can:
– Propose a new amendment to begin to override a
precedent
– Senate can refuse to approve appointments
– Impeach judges for illegal behavior
• Executive branch can:
– Appoint new judges when there is a vacancy
• Public opinion has limited influence on the judicial
branch; judges make decisions based on the law, not
public opinion.
Practice
Write the branch that has power and the branch that is losing power
• Example: Pres issues an Executive Order to integrate
the military- E over L
E over L
• 1. veto –
• 2. override a veto – L over E
• 3. declare a law unconstitutional J over L
• 4. Congress controls the money for the EPA, FEMA,
IRA, FBI… - L over E
• 5. nominating judges – L over J, E over J
• 6. the President can send troops, Congress must
approve - E over L, L over E
practice
• 1. Create and explain 2 scenarios in which the power
of the Legislative branch is checked.
– For example:
• A. The President vetoed a Children’s Health Insurance
Plan bill.
• B. The US Supreme Court declared a law forbidding hand
gun ownership unconstitutional.
• C. The NRA worked diligently to protect the rights of
citizens to own assault weapons and Congress passed a
law for this. (interest group)
• *In the first 2 examples, the laws that the Legislative
branch wanted were stopped.
– The Children’s Health Insurance Plan was returned to
Congress for a re-write.
– Citizens were allowed to own hand guns.
– In the 3rd example, purchase of assault weapons was
allowed.
practice
• Create and explain 2 scenarios in which the power of
the Executive branch is checked.
– For example:
– A. The US Supreme Court declared the Executive Order to
send white Americans to relocation camps
unconstitutional.
– B. The US Congress refused to appropriate money for the
Department of Education
– *In both cases, the President’s policy was stopped. White
Americans were allowed to stay home and the Department
of Education had no money for its programs.
Complete the chart
• .
Executive branch
Legislative branch
1
US Supreme
court
2
C
Senate
Judicial branch
The
7
President
and Exe
Depts
O
N
G
Court of
appeals
8
9
R
House
of
Repres
enta
E
S
S
3
4
5
tives
6
District court
(trial court)
Terms to write on the chart
•
•
•
•
•
•
•
•
•
a. Can Veto
b. Can override a veto
c. Approves appointments by the President
d. Approves treaties
e. Can impeach the President and judges
f. Controls all $ / appropriations
g. Appoints judges
h. declares Executive Orders unconstitutional
i. Can declare a law unconstitutional
Checks and balances
Legislative branch
• .
1
Executive branch
Judicial branch
c. Approve appts
2
d. Approves treaties
C
Senate
US Supreme
court
The
President
and Exe
Depts
O
N
G
7 g. Appoints judges
i. Declare a law unconstitutional
R
House
of
Repres
enta
tives
h.Exe Order
8
Court of
appeals
9
E 3 f. Controls $/appropriations
S
S
4
e. Can impeach
a. Can veto
6
b. Override veto
5
District court
(trial court)
Which branches are checking and balancing
each other? Which powers are used?
•
•
•
•
•
•
•
•
1. negotiating a treaty
2. passing a bill
3. dealing with a judge / illegal activity
4. appointing a new Cabinet member
5. appointing a new judge
6. passing a budget
7. dealing with a national disaster
8. deciding whether a law violates the Constitution
(ex/ Children’s Internet Protection)
Which branches are checking and balancing
each other? Which powers are used?
•
•
•
•
1. negotiating a treaty L over E (senate must ratify)
2. passing a bill L over L (2 houses), E over L (veto), L over E (override veto)
3. dealing with a judge / illegal activity L over J (impeachment)
4. appointing a new Cabinet member L over E (Senate must
approve)
• 5. appointing a new judge L over E
• 6. passing a budget L over E (Pres proposes the budget and the Congress
approves, usuall;y with changes)
• 7. dealing with a national disaster L over E
(FEMA gets its money
from Congress)
• 8. deciding whether a law violates the Constitution (ex/
Children’s Internet Protection) J over L
Government chart
Label the three branches
Crash Course Federalism
US (central) government
• .
US (central) government
• .Legislative branch
Executive branch
Senate
President
Judicial branch
US Supreme Court
C
O
Executive
Departments
N
G
US Courts of Appeals
R
E
S
S
House of
Representatives
Independent
agencies
US District Court
US (central) government
• .Legislative branch
Executive branch
Senate
President
Judicial branch
US Supreme Court
C
O
Executive
Departments
N
G
US Courts of Appeals
R
E
S
S
9 justices, original and
appellate jurisdiction
3 judges, appellate
jurisdiction only
House of
Representatives
Independent
agencies
US District Court
94 courts, one judge
and one jury
Original jurisdiction only
Terms to add to the chart
•
•
•
•
•
•
•
•
•
•
•
•
•
1. Makes the laws
2. Enforces/carries out the laws
3. Interprets the laws
4. Filibuster and cloture
5. Based on population
6. Based on =
7. Elected by the Electoral college
8. FBI, CIA, DEA, ATF, FDA, EPA, FEMA
9. Appropriations bills begin here
10. Speaker of the House
11. Majority leader
12. Write tax laws, coins money, declares war
13. veto
US (central) government
• .
Legislative branch
Senate
C
Executive branch
President
4,6,11
Executive
Departments
N
G
8
R
S
S
1,
12
3
US Supreme Court
2,7,13
O
E
Judicial branch
House of
Representatives
5,9,10
9 justices, original and
appellate jurisdiction
US Courts of Appeals
3 judges, appellate
jurisdiction only
Independent
agencies
US District Court
94 courts, one judge
and one jury
Original jurisdiction only
NC (state) government
• .
NC (state) government
• .
legislative
G
executive
judicial
E
NC Senate
NC Supreme Court
N
Appellate/death sentences,
NC Const
E
R
A
L
Cabinet,
appointed
A
House of Repr
S
S
E
M
B
L
y
Council of State,
elected
NC Court of
Appeals
NC Trial Court – Superior
Court, felonies, civil
$10,000+
NC Trial Court – District Court
Misdemeanors, civil less than
$10,000
Terms to add to the chart
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
1. Makes the laws
2. Enforces/carries out the laws
3. Interprets the laws
4. Appointed to help the Governor
5. Appellate jurisdiction
6. Elected to help the Executive branch
7. Elected by the voters
8. Original jurisdiction
9. The Governor, 2 consecutive four year term limit
10. Speaker of the House
11. Majority leader
12. Write tax laws, driving laws, graduation requirements
13. veto
14. 7 justices
15. one judge and one jury
16. 3 judges for each case
17. one judge only
NC (state) government
• .
legislative 1
E
NC Senate
N
E
1
5
7
11
9
2
judicial 3
NC Supreme
Court
13
7
7
R
A
12
executive
G
L
14
Cabinet,
appointed
4
NC Court of
Appeals
A
House of Repr
S
S
5 7 10
E
Council of State,
elected
6 7
NC Trial Court – 15
Superior Court
M
NC Trial Court –
District Court
B
L
y
16
8
17
Popular sovereignty
• Highlight and label each place in the NC
government that you can find popular
sovereignty.
• Legislative branch?
• Executive branch?
• Judicial branch?
Popular sovereignty
• Highlight and label each place in the NC
government that you can find popular
sovereignty.
• Legislative branch? 2 year elections for Senate
and House of Representatives
• Executive branch? Governor and Council of
State
• Judicial branch? All judges
Budget simulation
• Which percent of the budget should be given
to each category?
• NC other (debt service, transportation,
emergency, economic resources)
• NC Justice/Public Safety
• NC Health/Human Services
• NC Education
NC government
basic notes
• 1. NC (the Governor and the General Assembly)
must balance the budget. No deficits and no
debt, except by bond referendum.
• 2. A bond referendum is passed first
by the General Assembly and then
by a majority vote of the voters.
(referred back to the people)
• 3. The NC General Assembly draws legislative districts every 10
years after the census. Gerrymandering (an unusually shaped
district to guarantee a winner for a certain party) often is the
result.
NC government
basic notes
• 4. NC’s largest source of revenue is the state
progressive income tax. Revenue sources also
include: corporate income tax, sales tax, excise
taxes (gas, alcohol, cigarettes), license fees, federal
grants in aid, fines, intergovernmental revenue
(from the federal government), permit fees.
5. NC government provides services such as: public schools and
the community college system and the UNC schools, courts,
elections, public health, museums and parks.
Budget simulation
• Which percent of the budget should be given
to each category?
• county other (debt service)
• county Justice/Public Safety
• county Health/Human Services
• county Education
• County general (Register of Deeds, elections,
building, salary and wages)
Local government
basic notes
• 1. local government = county + municipal
• 2. county government
–
–
–
–
County commissioners (elected, partisan elections)
County manager (appointed, day to day work)
Sheriff, library, computer lab worksheet
Revenue from proportional property taxes, some sales tax
• 3. municipal government
–
–
–
–
City council (elected, partisan elections)
City manager (appointed, day to day work)
Police, bus service
Revenue from proportional property taxes
Local government
county + municipal
• .
County government
Municipal government
0.
1.
a.
b.
2.
c.
1.
2.
3.
3.
Terms to add
•
•
•
•
•
•
•
•
•
•
Mayor
County commissioners
City council
Sheriff
Police
County manager
City manager
Both are local governments.
Both depend on property taxes.
Both are elected in partisan elections.
Local government
county + municipal
• .
County government
Municipal government
0. mayor
1. County
commissioners
2. County manager
3. sheriff
a. Both
elected in
partisan
elections,
b. both are
local govt,
c. Both
depend on
property
taxes
1. City council
2. City manager
3. police