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The Executive BranchPresidential electionsEvery four yearsIndirect method set up by the Constitution, known as the Electoral CollegeTakes 270 votes to become PresidentThe Electoral College vote takes place in DecemberCongress counts the ballots and declares the winner as the next president4 year termTwenty-second Amendment limits presidents to two elected terms or a maximum of ten years

Powers of CongressExpressed powers that are clearly listed in the ConstitutionDeclare war, coin money, raise an armyImplied powers that congress has that are not specific, created by the elastic clauseElastic clause Congress shall have the power to do what is necessary and proper to carry out its expressed powersAir Force creation is not in the Constitution, but under the elastic clause Congress is able to create in support of the army and national security

The Executive BranchVice PresidentElected with the president through the Electoral CollegeSame qualifications as for presidentPresident of the SenateOnly votes if there is a tieAssumes the presidency if the president is unable to serve

The Executive BranchPresidential Succession ActDetermines who assumes presidential duties if the president and the vice president are unable to serveSpeaker of the HousePresident Pro Tempore of the SenateSecretary of the HouseTwenty-fifth AmendmentEstablishes procedures for succession to the presidencyVice president becomes president The new president chooses another vice presidentCongress must approve of the choiceHas been used three times1973, 1974, 1985

The Executive BranchMain job of the president is to execute, or carry out, the laws passed by CongressThe Constitution also gives the president the power to:Veto, or reject bills, passed in CongressCall Congress into special sessionServe as commander in chief of the armed forcesReceive leaders and other officials of foreign countriesMake treaties with other countries (with senate approval)Appoint heads of executive agencies, federal court judges, ambassadors, and other top government officialsPardon or reduce the penalties against people convicted of federal crimes

Roles of the PresidentChief ExecutiveUse of executive ordersPower of appointmentPardonReprieveAmnestyChief DiplomatForeign policyCommander in ChiefArmed forces of the United StatesShares with Congress the power to make warLegislative LeaderEvery president has a legislative programNew laws that the president wants Congress to passThe president makes speeches to build support for this program and meets with key senators and representatives to persuade them to support the proposed laws.

Judicial BranchThe goal of the legal system is to treat everyone the sameUnder the U.S. Constitution accused have the right to public trial and lawyerIf accused cant pay, the court will appoint lawyerPresumed innocent until proven guiltyRight to review of case if mistake has been made apply for appealU.S. Constitution created the national supreme court and gave congress the power to create lower courts1789 Judiciary Act established federal district courts and circuit court of appealsLower courtsDistrict CourtsMiddle courtsCourt Of AppealsTop courtsSupreme Court

Judicial BranchFederal courts have jurisdiction if related to:The Constitution rights of free speechFederal Laws kidnapping, tax evasion, counterfeiting, civil casesDisputes Between States Colorado-California water rightsCitizens from Different States business agreement Maine and TennesseeFederal Government Government files suit or an individual files suit against the governmentForeign Governments and TreatiesAdmiralty and Maritime Law outside territorial waters, property recoveryU. S. Diplomats embassy worker in France accused of breaking lawsExclusive JurisdictionOnly the federal courts may hear and decide casesConcurrent JurisdictionThere may be jurisdiction in both federal and state courts

Judicial BranchDistrict CourtThe federal courts in which trials are held and lawsuits are begun.94 district courtsAt least one in each stateOriginal jurisdiction ~ the authority to hear cases for the first timeTrial courts for criminal and civil casesDecides guilt or innocence based on the evidence presented The only courts to use witnesses to hear testimony and allow juries to make decisions

Judicial BranchCourt of Appeals12 CircuitsAppellate jurisdictionAuthority of a court to hear a case appealed from a lower courtReview decisions made in district court (NOT a re-trial)No guilt or innocence determinedReview federal regulatory agency rulingsNo witnesses or juries13th Court of Appeals has nationwide jurisdiction

Judicial BranchCourt of Appeals DecisionsUpholding the original decisionReversing the original decisionRemanding the case sending the case back to the lower court to be retriedOnce decision is madeOpinion is a detailed explanation of the legal rulingPrecedent gives guidance to judges and serves as a model for similar casesUnless decisions are appealed to the Supreme Court, rulings are final.

Judicial BranchSupreme CourtOriginal jurisdictionDiplomats from other countriesDisputes between states In all other cases the Supreme Court hears cases appealed from lower courtsThe Supreme Court hears only the cases it choosesDecisions are final and binding on lower courtsWhen the Court refuses to hear a case the decision of the lower court stands

Judicial BranchOrganization1 chief justice8 associate justicesServe for life or until retirement, unless removed from officeSelected by the president, approve by the SenatePowers of the CourtJudicial ReviewReview of any federal, state, or local law to ensure constitutionalityMarbury v. MadisonConstitution is the supreme law of the landConflict between the Constitution and any other law, the Constitution rulesJudicial branch must uphold the Constitution and therefore must be able to determine when a law conflicts with the ConstitutionLimits on PowerCourt depends on executive branch as well as state and local officials to enforce rulingsThe court can only hear and make rulings on cases that come to it National Party vs. State & Local PartiesNational Political PartyNational convention every 4 years.Choose candidate for president.Choose candidates through primaries and caucuses every 4 years.State & Local PartiesConvention every 2 years.Choose candidates for governor, senator, house of representatives, mayor, commissioner.Choose candidates through primaries and caucuses every 2, 4, or 6 years depending on the office.Non-partisans.

Both PartiesPlatform partys beliefs and positionsRaise moneyTwo-party systemDemocratsRepublicansOccasionally a third party

Voting and ElectionsWho can vote?Qualifications set by law:Not a convicted felonNot legally insaneCitizen of the United StatesAt least 18 years oldMost states also require that you be a resident of the state for a specified period and that you register to vote.

Election CampaignsPrimary elections help narrow the field of candidates generally held in MayVoters cast ballots for candidates in various national, state, and local officesGeneral elections always take place the first Tuesday after the first Monday in NovemberPresidential elections occur every four yearsExcept the race for president, the candidate who wins most of the popular vote is elected to office If election is close, loser has the right to demand a recount of the votes

North Carolina RootsProvincial Congress In August of 1774, 71 delegates met in Wilmington1st of the colonies to meetElected representatives to 1st Continental CongressEdenton Tea PartyOctober of 1774 a group of women burned their household supplies of tea and issued a statement protesting British policyThe Mecklenburg DeclarationIn May of 1775 a committee of Mecklenburg citizens met in Charlotte and declared all offices that were appointed by the British government where now vacant and the Provincial Congress was the lawful government of the colony.

North Carolina RootsHalifax ResolvesIn April 1776, the 4th Provincial Congress called for total independence for Great Britain.1st colonial government to call for independence Many North Carolina citizens opposed strong federal governmentpower to taxgovernment far from the people would be hard to controlConstitution did not contain protection of citizens rights state constitution had a Declaration of Rights

North Carolina Roots1788 delegates rejected the United States Constitution, and called for the Constitution to be amended to include a bill of rights.

1789Bill of Rights was approved by the United States Congress and submitted to the states for approval.North Carolina delegates approved the United States Constitution.

North Carolina ConstitutionNorth Carolina ConstitutionPreamblePopular sovereigntyThe people are the ultimate source of any power that government hasDeclaration of RightsOutline for the framework of governmentLegislative, executive, judicialPrevents any branch from gaining to much powerList of state powers and responsibilities Checks and BalancesGovernor can veto General Assembly legislationGeneral Assembly can override veto by a 3/5 vote of both housesState Supreme Court can declare laws unconstitutionalProvision for local governmentsAmendment clause

North Carolina ConstitutionConstitution of 1776Created state governmentLegislative, executive and judicialLegislative branch was bicameral General AssemblyExecutive branch led by governor and council of stateJudicialDeclaration of Rights was includedConstitution of 1868A new constitution was required in order for North Carolina to rejoin the Union after the Civil WarKept the structure of governmentLegislative, executive and judicialKeep the Declaration of RightsSlavery was abolishedAll men aged 21 regardless of race, color or prior condition of servitude could vote

North Carolina ConstitutionConstitution of 1971Constitution was rewritten to include a guarantee of free speechProvided equal protection under law1972 AmendmentReduced the voting age to 1826th Amendment to United States Constitution1977 AmendmentPermitted governor to serve 2 consecutive four year terms1996 AmendmentGave the governor the power of veto