Unit 2
The American System
III. The Branches
A. Legislature
1.Congress
a. BICAMERAL (two-house): initiates and
approves laws
b. AMENDMENTS:
• 20TH: moved the inauguration of
Congress and president up from
March to Jan.
• 27th Amendment – if Congress
raises its pay, it does not take
affect until after the next
election.
III. The Branches
C. PARTY AFFILIATION –
1. majority party (party w/ most
members) controls legislative work,
appoints committee chairs
2. minority party (party with least
members...develops criticism)
3. bipartisan – supported by both
political parties
III. The Branches
D. COMMITTEES
1. Purpose
a. divide work into smaller
groups.
b. Only 10% of bills make it to
the chamber floors. Committees
select those few.
c. Public hearings
III. The Branches
D. COMMITTEES
2. Types of committees
a. standing: permanent
b. subcommittee: a subcategory of a
standing committee
c. select: (temporary) studies a specific
topic
d. Conference (both houses): works out
differences between House and Senate bills
E. CONGRESSIONAL POWERS
1. Legislative powers Lawmaking Powers
2. Non-legislative powers
a. choose a president
House -1800 & 1824
b. choose a vice-president
Senate
c. removal –
impeachment - articles originate in House
trial in Senate (2/3 vote to remove)
d. confirmation
(Senate – federal court judges,
cabinet)
e. ratification
(Senate – treaties 2/3 vote)
F. House of Representatives
1.
2.
3.
4.
5.
435 members
2-year terms; Entire House
represents the interest of the people
Appropriations bills ($$$$) must originate
Diane Black, R – 6th Congressional
District of Tenn.
6. Rules - very complex.
7. Leadership -
a. Speaker – Most powerful member of
Congress. Plans legislative agenda.
- Paul Ryan
b. Minority Leader (develops criticism/
attempts alternatives)
– Nancy Pelosi
G. SENATE
1. Background
a. 100 members
b. Senate deals with issues concerned
with the entire state
c. 17th Amendment – changed the
election of US senators from State
Legislature appointments to the
popular state-wide vote of the
people.
d. Terms – 6 years (1/3 of the Senate runs
for election every 2 years)
2. Rules – Unlimited Debate!
a. Filibuster – Stall tactic unique to the Senate.
Strategy for 1 or more senators to keep talking when
there are enough votes to pass a piece of legislation.
b. Cloture – ends a filibuster. Requires a
3/5 vote (60 senators)
G. SENATE
(cont.)
3. Leadership
a. No equivalent to Speaker
b. President of the Senate
(presides over Senate)
1. Vice President – Joe Biden
2. cannot debate; casts tiebreaker vote
c. president protempore –
Oldest/most senior member
of majority party:
Orrin Hatch
G. SENATE
(cont.)
3. Leadership
d. floor leaders
1. majority – controls
legislative agenda
- Mitch McConnell
2. minority –
(compromises,
criticizes, filibusters)
- Harry Reid
4. Tennessee U.S. Senators
Lamar Alexander
Bob Corker
III. The Branches
B. The Executive Branch
Article II
1. The Presidency
a. Four year term
b. 22nd amendment – a
president can only serve
two terms
2. Presidential Powers/Roles
a. Military Power – Commander-in-Chief
b. Executive Head – appoints heads of EB. Head of
State – represents the nation/ceremonial leader.
c. Judicial powers – appoints federal court judges
w/ Senate approval.
•reprieve – postponement of punishment
•pardon – release of punishment
•amnesty – group pardon
d. Legislative powers –
•executive order – rules with force of laws but
can change from president to president. ex:
Mexico City policy/“global gag rule”
e. Economic Planner – prepares the federal budget
each year (Office of Management and Budget)
3. The Federal Bureaucracy
Over 4 million employees
a. The Cabinet
1. head 15 different major
Executive departments
2. Appointed by the president;
Senate must confirm
3. Major Cabinet Positions
a.
b.
c.
d.
State Dept. – John Kerry
Treasury Dept. – Jacob Lew
Defense Dept. – Ashton Carter
Homeland Security Dept.
– Jeh Johnson
e. Justice Dept. – Loretta Lynch
1
2
3
4
5
3. The Federal Bureaucracy
b. Executive Office of the President
1. President’s closest advisors, trusted
friends.
2. Office of Management & Budget – presents,
along w. president, the national budget each
year.
4. The Vice Presidency
(13.2)
a. Constitutional implications:
1. President of the Senate
2. 12th Amendment – must run for president or vice president
3. 25th Amendment – transfer of power.
14 vice presidents have become president
9 have succeeded, 5 were elected.
5. Presidential Succession
a. Vice President – Joe Biden
b. Speaker of the House – Paul Ryan
c. President pro-tempore of Senate –
Orrin Hatch
d. Secretary of State – John Kerry
III. The Branches
C. The
1.
Branch - Article III
11th Amendment – states cannot be sued in federal
courts by citizens of other states or foreign countries.
2. Jurisdiction – authority to try a case
a. Federal courts – fed. laws, treaties, US Constitutional
interpretations and bankruptcy.
b. State courts – state laws, traffic, violent crimes, state
constitutions
3. Terms
a. litigants – people engaged in a lawsuit.
No court randomly reviews laws!!!
To try a case, there must be litigants.
b. judicial review – courts can overturn laws.
3. Terms
(cont.)
c. Due Process – nat’l gov. (5th Amend.) nor
states (14th Amend.) may deprive any person of
life, liberty, or property without the proper legal
procedure.
1. grand jury –(16-23 people) hears charges to
decide if the case should proceed.
2. indictment – formal accusation charging
a person with a crime.
3. trial jury – (6-12 people) weighs evidence and
decides guilty or not guilty.
4. Lower Federal Courts
a. Constitutional Courts
1. Federal District Courts –
trial/green light level (1789)
• 94 District Courts
2. Federal Courts of Appeal –
yellow light level (1891)
• appeals from lower federal courts
• Judicial Circuit – A region containing a U.S.
Appellate court (13)
4. Lower Federal Courts
b. Federal Judges
1. appointed by president
2. confirmed by Senate
3. life term
5. Supreme Court
a. Jurisdiction
b.
1. ORIGINAL
a. cases involving representatives of foreign govts
b. states involved in lawsuits
2. APPELLATE
a. lower court appeals
b. state supreme courts
TERMS
1. certiorari – Supreme Court decides to hear a case…
rule of 4
2. opinion – decision of the court
3. concurring opinion – justices agree with the majority,
BUT for different reasons.
4. dissenting opinion – opinion of the justices who
disagree with the majority
5. Supreme Court
c. Today’s Supreme Court Justices
Liberal
Ruth Bader Ginsburg –
Clinton
Moderate
Anthony Kennedy –
Reagan
Conservative
Antonin Scalia – Reagan
Stephen Breyer – Clinton
Clarence Thomas – Bush
Sonia Sotomayor–
Obama
Chief Justice John G.
Elana Kagan – Obama
Samuel Alito –Bush (43)
(41)
Roberts, Jr. – Bush (43)