Unit 2 Structure & Function of Federalism (Focus on checks and balances) attempt to

balance authority

Federal Government (C&G 2.1, C&G 2.2, C&G 2.4, C&G 2.6, C&G 5.4)

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.

3 Branches of Government:Legislative Branch

Makes laws, influenced by public opinionApproves/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

Legislative branch - Congress

Bicameral

The US SenateMade 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 president pro tempore usually acts as the chairperson of the Senate and is from the majority 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 spokesperson and to manage the legislative sessions

The US House of RepresentativesThe Amount of representatives is based on the population of each state.

The larger body of Congress.

Made up of 435 voting members.

Changes are made every 10 years after the census is taken.

Serve 2 year terms.

The overall leader of the House of Representatives is called “The Speaker of the House” He/She is chosen by the majority party.

Political party with more than half the members is known as the majority party. The other party is called the minority party.

3 Branches of Government:Executive Branch

Enforces the laws and court opinions

Approves or vetoes laws

Appoints judges and executive department leadersPardons

May call a special session of Congress

Executive branch – the President

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.

Check and balance?

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.

The President presents legislative proposals for the year in the speech.

Presidential Power:Party Leader

The President works with interest groups and lobbyists as much as possible.

The President will help the party with fundraising and elections.

The President uses patronage as favors to party members.

Check and balance?

Presidential Power:Chief Executive

The President is responsible for carrying out laws passed by Congress. The President appoints

members of the Executive Departments and federal judges

The President is in charge of theExecutive branch.

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:①pardon②commute③grant 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.

Executive Departmentsthat help the President:Department of StateDepartment of DefenseDepartment of Homeland Security

The President may sign an Executive Agreement with another head of government.The President may sign

treaties, but must have a 2/3s vote of approval in the Senate.

Presidential Power:Commander In Chief

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 is in charge of the armed forces.

The President may use troops for domestic situations, such as riots or emergencies.

The President is a civilian who outranks all generals.

Presidential Power:Additional info

The President is elected by the Electoral College. 270 = winner

22nd amendmentThe 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

Marbury v. Madison, 1803 – judicial review, the judicial branch may review a law passed by Congress and declare it unconstitutional.

NC governmentbasic 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 governmentbasic 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.

Local governmentbasic 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

US (central) government• .Legislative branch Executive branch Judicial branch

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Senate

House of Representatives

President

Executive Departments

Independent agencies

US Supreme Court

US Courts of Appeals

US District Court

9 justices, original and appellate jurisdiction

3 judges, appellate jurisdiction only

94 courts, one judge and one jury

Original jurisdiction only

NC (state) government

• .legislative executive judicial

NC Senate

House of Repr

NC Supreme Court

Appellate/death sentences, NC Const

NC Court of Appeals

NC Trial Court – Superior Court, felonies, civil $10,000+

NC Trial Court – District Court

Misdemeanors, civil less than $10,000

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Cabinet, appointed

Council of State, elected

Local governmentcounty + municipal

• . County government Municipal government

a. Both elected in partisan elections,

b. both are local govt,

c. Both depend on property taxes

1. County commissioners

2. County manager

3. sheriff

0. mayor

1. City council

2. City manager

3. police

Expressed – Those powers directly written in the Constitution.

Implied – Those powers indirectly written in the Constitution.

Enumerated – Powers specifically delegated to the Congress by the US Constitution

Reserved – Powers left for the states.