LESSON 1.3
• Structure of American Government
• http://ed.ted.com/lessons/how-is-power-divided-in-the-united-statesgovernment-belinda-stutzman
STRUCTURE OF AMERICAN
GOVERNMENT
KEY CONCEPT:
THE FEDERAL AND STATE GOVERNMENTS PROVIDE SERVICES TO PEOPLE BUT THEY
HAVE UNIQUE ROLES AND RESPONSIBILITIES
VOCABULARY
• Bicameral
• House of Representatives
• Senate
• Referendum
• Veto
• Determine
THE THREE BRANCHES OF GOVERNMENT
• The men who created the Constitution of the United States did not trust
governments with unlimited powers.
• Therefore, they created three branches of government (executive, legislative
and judicial) and carefully divided the power between them
THE EXECUTIVE BRANCH
• Created to enforce the laws passed by congress
• President, Vice-President, the president’s cabinet, and officials in the executive
departments.
Headed by the president.
Presidential roles include: being the chief official of the executive
branch, the head of the nation and the commander in chief of the
armed forces.
EXECUTIVE OFFICE
•Consists of the president, vice president,
15 executive departments, more than 50
independent federal commissions and
numerous agencies.
THE EXECUTIVE OFFICE OF THE PRESIDENT
• Assist the president with day-t- day decisions.
Staff advise the president on
foreign policy, national security and other issues. The departments of the
executive branch include staff in the areas of agriculture, education, health,
energy, commerce and others. Heads of these departments make up the
Cabinet.
• Federal commissions and agencies include the Federal Trade
Commission,
Bureau of Land Management, Environmental Protection agency, the United
States Postal Service, and the Peace Corp as well as others.
PRESIDENTIAL DUTIES IN ADDITION TO RUNNING
THE EXECUTIVE OFFICE
• Commander in chief of the the armed forces:
allows the president to use the
military to support foreign policy goals
• Executive branch has the power to conduct war, sign treaties, nominate people
for federal office; appoint department heads, ambassadors and federal
judges and issue pardons.
•.
PRESIDENTIAL POWER LIMITATIONS
•
The president does not have unrestricted power. The checks and balances limit the
president’s powers
•
The president can appoint federal judges – this is checked by the Senate. The
Senate has the power to approve or reject the president’s appointments.
•
The President can also veto (refuse to approve)- a law drafted by Congress. It limits
this power by allowing Congress to override a veto. A vetoed bill can become law if
passed in both the houses by two-thirds vote.
•
This allows the two branches to check and balance each other.
THE LEGISLATIVE BRANCH
• Congress is the lawmaking, or legislative body of
• Bicameral (has two houses)
the national government.
• The Upper house is the Senate – 100 members: 2 from each state
• House of Representatives – in 1913 the number of members was set at 435 – number
from each state or district is determined by population.
• Congress meets for terms, usually January until November or December.
CONGRESSIONAL DUTIES
• Pass laws
• Represent what they think is best for their constituents (people in that
member’s home state or district)
• Oversee the workings of the federal government
• Help their constituents solve problem with the federal government
CONGRESSIONAL POWERS
• Power to tax and appropriate (authorize the spending of income from taxes)
• Regulate commerce (buying and selling of goods and services) between states
and with other nations
• Congress and the president share military power – president is commander in
chief of the armed forces but must ask Congress to declare war
• Power to impeach (accuse a public official of misconduct in office) the
president or federal judges
ARTICLE I OF THE CONSTITUTION DESCRIBES THE
ROLE OF CONGRESS
Makes nations laws – not just rules of behavior. Congress passes laws that
impose taxes, authorize the spending of money and create government
programs. Both houses of Congress must agree on a bill (proposed law). Once
both houses do this, it goes to the president. If he signs the bill it becomes a
law.
THE JUDICIAL BRANCH
• Decides conflicts between states and between individuals in different states.
• Supreme Court and any other federal courts that Congress considers
necessary
SUPREME COURT
• Has 9 justices (judges)
• Hears cases for only part of the year
• Accepts only a few of the many cases it receives for review.
• Decisions of the US Supreme Court greatly affect national policy.
ACTIONS
• Neither the executive nor the legislative branch may throw out a ruling of the
Supreme Court
• Actions they can take: rewrite the law that the Court found unconstitutional
• Turn the rejected law into an amendment to the Constitution – Congress then passes the
amendment and sends it to the states of ratification
SUPREME COURT
• Plays a major role in checks and balances.
It can overturn acts of Congress
and actions of the president if it finds that they violated the Constitution. The
Constitution give t the chief justice power to preside over a trial to impeach
the president
THE POWER OF STATE GOVERNMENTS
• The federal government is not all powerful
Some powers are shared with the
states, others belong only to the states.
• The constitution does not necessarily determine which specific powers belong
to the federal government and which belong to the state.. Powers not
Specifically granted to the congress or implied under the necessary and
proper clause are reserved to the state.
• THIS IS STATED CLEARLY in the Tenth Amendment
STATE POWERS
• Only state governments can set up city, or county governments.
State
legislatures have the power to set up business corporations and regulate trade
within the state. Only states can create a police force, establish schools, and
pass marriage laws. The Constitution places limits on the powers of the state
and places federal law above state law.
BOTH STATE AND FEDERAL GOVERNMENTS CAN
MAKE AND ENFORCE SIMILAR LAWS
• States make laws regulating state elections, while federal government controls
congressional and presidential elections
• Both state legislatures and Congress can levy taxes, charter banks, and
borrow money. States have court systems to administer justice, including a
supreme court. So does the national government.
• Powers that exit at both levels of government are called concurrent powers
THE STRUCTURE OF STATE GOVERNMENT
• there are many similarities between federal and state governments both:
• have constitutions
• Executive, Legislative and Judicial branches
• The state branches also act as checks on each other’s power
STATE LEGISLATURE
• Make laws, has the power to tax, borrow money and spend money.
• Purpose is to promote the general well-being of the state’s citizens.
• Nebraska is the only state with a unicameral (one house) legislature. The
other 49 states have two houses (bicameral) legislatures.
GOVERNOR
• The chief executive and chief administrator of state governments.
• Do not have the same amount of power as the president
• Share their power with other officers of the executive department
•
Some duties include proposing legislation, vetoing legislation, and calling special or
extra sessions of the legislature.
•
Limited judicial powers, Governors may pardon or release a person from the legal
consequences of a crime
EACH STATE HAS ITS OWN JUDICIAL BRANCH AND
SYSTEM OF LAWS
• The purpose of the state court systems is to interpret and apply stae and
locals laws
• State courts include courts of appeals, trial courts, juvenile courts, municipal
(city) courts , police courts and justice courts.
CITIZENS PLAY IMPORTANT ROLES IN STATE
GOVERNMENTS
• Citizens can write laws for the legislature to consider (known as direct
initiative)
• Power of referendum allows citizens to overturn legislation that was passed by
legislature or by voters
• Some states also allow citizens to vote an official out of office (this is known as
recall)