Name: ________________________________________ Period:_____Category 4 Explanation Guide

Benchmark.3.1 Compare different forms of government (direct democracy, representative democracy, socialism, communism, monarchy, oligarchy, autocracy)

There are many different forms of government around the world. Some governments are more representative of the people, as, in the United States. Others are run by just a few people. Still others are run by just one person. Some governments run both the government and the economy. Other governments allow citizens more economic freedom.

All forms of government have the same three powers: legislative, executive, and judicial. How those powers are organized in government is where the differences between systems of government can be seen. Some forms of government put all three powers (legislative, executive, and judicial) in one place. Other forms of government divide up the powers among different branches of the government. Comparing and contrasting the similarities and differences among systems of government shows the advantages and disadvantages of each system.

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Benchmark 3.2 Compare parliamentary, federal, confederal, and unitary systems of government.

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Benchmark 3.3 Illustrate the structure and function (three branches of government established in Articles I, II, and III with corresponding powers) of government in the United States as established in the Constitution.

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Each branch of the U.S. government has its own set of jobs and responsibilities. Also, the Constitution sets up a system of checks and balances that allows each branch to limit the power of the other branches. Checks and balances prevent any one branch from becoming too powerful. Below is a chart that describes one of the roles of government and illustrates the system of checks and balances.

Branch of Government Role: (What each branch does in the role of making Laws)

Legislative The legislative branch makes the laws; Congress can override a presidential veto with 2/3rds of each house voting to do so.

Executive The executive branch enforces the laws; the president can veto a law if the President does not want a bill to become law.

Judicial The judicial branch interprets the laws; the Supreme Court may determine that a law is not legal under the Constitution and strike down the law.

Benchmark 3.4 Identify the relationship and division of power between the federal and state governments.

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The U.S. Constitution was written because of concerns about the weaknesses of the Articles of Confederation. The two major weaknesses were:

1. The national government had very little power. There was a national Congress, but it did not have the power to tax the people to raise money, and without money could not keep a national army or navy. Instead they would have to ask the states to contribute troops if there was a war.

2. Because there was no strong national government, the states could act as if they were independent nations. This meant that the states could have independent relationships with other countries (such as making treaties or trade agreements). They also got into arguments with other states (such as the use of rivers or lakes that bordered more than one state).

The Articles of Confederation did not encourage national unity (togetherness) or a sense of nationhood among the states.

The U.S. Constitution was written because the Founding Fathers wanted to solve these problems. The founders had a big goal. They needed to limit state power (because the states had independent power under the Articles of Confederation), while at the same time creating a national government with limited power. They created a system of federalism, where the national government had its own powers, shared some powers with the states, and gave the states some of their own powers.

The Tenth Amendment to the Constitution was added as the last Amendment in the Bill of Rights. The Tenth Amendment says: “The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people”.

Because the writers of the Constitution were concerned about giving too much power to the national government, they decided to list the specific powers for Congress (enumerated/delegated powers). When the necessary and proper clause was added to the Constitution, it was so broad that it allowed Congress also to have many powers that were not listed but were “necessary and proper” for Congress to uses its enumerated/delegated powers.

The Tenth Amendment does not list any specific powers. Instead, it broadly says that all powers not given to the national government are reserved for the states and the people. This leaves the meaning of reserved powers open to interpretation in the states.

It is important to keep in mind that even though the Tenth Amendment reserves powers for the states, no state is allowed to make laws or take actions that violate the Constitution. In the Constitution, this is called the Supremacy Clause. It means that the Constitution is the “Supreme Law of the Land.”

Benchmark 3.5 Explain the constitutional amendment process.

Article V (5) of the United States Constitution describes two methods for proposing amendments to the Constitution and two methods for ratifying amendments. The Founding Fathers wanted to make sure that there was a way for the Constitution to be a “living document” that could change with the times if necessary. There are two methods for proposing amendments to the Constitution.

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**The first type of amendment is most commonly used.

It is also possible that when an amendment is added to the Constitution, laws that go against that amendment might be found unconstitutional by the U.S. Supreme Court. For example, the 18th Amendment banned alcohol but the 21st Amendment reversed this ban.

Keep in mind that once an amendment is added to the Constitution, it becomes a part of it. No federal law or state law can go against that amendment because it is the Constitution.

Benchmark 3.8 Analyze the structure, function and processes of the legislative, executive and judicial branches.

Benchmark 3.9 - Illustrate the lawmaking process at the local, state, and federal levels.

The United States government is made up of three separate branches: the legislative, the executive, and the judicial. Each branch is organized very differently, has different jobs and responsibilities, and has its own unique set of powers.

The Legislative Branch

The legislative branch includes the House of Representatives and the Senate. Together they are the lawmaking body of the United States called Congress. Article I of the Constitution discusses the powers and organization of Congress. The main job of Congressmen/Congresswomen is to make laws.

At the federal level, the process of how a bill becomes a law can be difficult. Each bill begins as an idea. An idea for a law can come from U.S. Representatives, Senators, the president, or even ordinary citizens.

An idea for a law is called a bill. Bills can be proposed in either chamber (house) of Congress (the House of Representatives or the Senate). Depending on which chamber of Congress proposes the bill, it will be sent to the appropriate committee that deals with the topic of the bill. That committee will do research on the bill. There are many committees in Congress, and every member of Congress serves on one or more committees.

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After the committee does its research and discusses the bill, the committee decides if the bill should move to the next step in becoming a law. If the committee agrees to move the bill ahead, the bill moves to the full chamber of Congress where the bill was first introduced (either the House of Representatives or the Senate) so that it can be debated and then voted on. If that chamber of Congress votes for the bill (for example, the U.S. House of Representatives), the bill then moves to the other chamber of Congress (for example, the U.S. Senate) for more debate and discussion. Finally, the other chamber of Congress will vote on the bill. If members of that chamber vote for the bill, the president will then be asked to sign the bill and make it become a law.

If there are more than 10 days left in the congressional session, the president may take one of three actions: 1) The president may choose to sign the bill into law, 2) the president may choose to veto (reject) the bill, or 3) the president may choose to take no action on the bill. A bill becomes law if the president takes no action on the bill and there are at least 10 days left in the congressional session. When the president takes no action with fewer than 10 days left in the congressional session, this is called a pocket veto.

1) After a bill is proposed it is sent to a ________________ to be researched and discussed.2) If a bill is approved by one chamber of Congress, it has to be voted on by the other chamber.

If approved, it is sent to the ________________ for his signature before becoming a law.

The Executive Branch

The second branch of the United States government is the executive branch. The executive branch includes the President and Vice President. The main job of the executive branch is to enforce the laws. Article II of the Constitution discusses the powers of the president.

If the president does not agree with a particular bill that Congress has passed, the Constitution gives the president the power to veto the bill. This is an important part of the system of checks and balances to make sure that no branch of government has too much power over the others. If a bill does become law, the president as chief executive of the nation must make sure that laws passed by Congress are enforced.

The president also has the power to issue executive orders, which are decisions that have the force of law. For example, an executive order signed by President Franklin Roosevelt in 1942 allowed the forced internment of U.S. citizens of Japanese descent during World War II. Executive orders do not have to be approved by Congress, although the U.S. Supreme Court may find them to be unconstitutional and strike them down. This is another example of checks and balances.

The president has the power to nominate (choose) people to serve in different government positions. These are known as presidential appointments. Examples of presidential appointments include the president’s cabinet, U.S. Supreme Court justices, and ambassadors to different countries. As a part of the checks and balances system, the Senate must approve presidential appointments. This is a check on the president’s power to nominate people who may not be qualified for a certain position or who may have problems that would keep them from being effective in their position.

The Judicial Branch 8

The third branch is the judicial branch. The judicial branch includes the Supreme Court, federal courts, and state courts. Article III of the Constitution outlines the U.S. court structure.

The U.S. Supreme Court is the highest court in the nation. In most cases, the Supreme Court has appellate jurisdiction, which means it has the power to review cases that have already been decided in lower courts. Sometimes the U.S. Supreme court has original jurisdiction, which means the Court has the power to hear a case first. For example, cases involving disagreements between two states would be first heard by the U.S. Supreme Court.

There are thousands of requests for appeals to be heard by the Supreme Court each year. Fewer than 100 are likely to be accepted. Once the Supreme Court reviews an appeal, the Court decides whether or not to hear the case. The Court will issue a writ of certiorari if the Court decides to accept the case on appeal.

Because most cases that are accepted by the Supreme Court on appeal deal with constitutional questions, the Supreme Court uses its power of judicial review. Judicial review means that the Supreme Court can decide whether or not a law is constitutional. This power was not originally written into the US Constitution. Instead, the Supreme Court interpreted the 3 Constitution to mean that it does have this power in the Marbury v. Madison case (see SS.7.C.3.12).

Courts use different processes to conduct their work. For example, courts issue court orders, which are documents requiring that someone do or not do something. Sometimes, the two opponents in a case may try to speed up the court process by requesting a summary judgment. A summary judgment is decided on the basis of evidence given to the court and keeps the case from going to trial.

The U.S. federal system (federalism) allows the national and state governments to share powers and responsibilities. Lawmaking is a power that is shared at each level of government – local, state, and federal.

At the local level, depending on how the local government is organized, lawmakers could be called city commissioners, city council members, county commissioners, or mayors. The number of commissioners and/or council members depends on how the city or county government is organized. These local government officials pass ordinances that govern the people who live in villages, towns, cities, and counties.

Florida state government is organized like the federal government. There is a state house of representatives and a state senate made up of state representatives and state senators. They are all called state legislators. State representatives are elected for two-year terms, and state senators are elected for four-year terms. State legislators create state laws (statutes) that govern the people who live in the state.

At the federal level, each state has a certain number of U.S. Representatives based on the state’s population. Each state also has two U.S. Senators. U.S. Representatives serve two-year terms and have no term limits. U.S. Senators serve six-year terms and have no term limits. Together, U.S. Representatives and U.S. Senators make up the Congress. Congress enacts federal laws, called acts, which govern the people of the entire nation.

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Lawmaking at the Local Level

It is the job of local governments to make communities better places to live. To do this job, local lawmakers have the power to pass ordinances. Ordinances are laws that govern a local community. Ordinances must not conflict with state laws, called statutes, or with federal laws, called acts. Local law enforcement groups (like the police force or sheriff’s department) are in charge of enforcing both ordinances and state statutes.

Lawmaking at the State Level

An idea for a law can come from state legislators, the governor, or even ordinary citizens. The process for a bill becoming a law can be as difficult as it is at the federal level. An idea for a law that is proposed in the state legislature is called a bill. Bills can be proposed in either the Florida House of Representatives or the Florida Senate. The Florida House or Senate committee that the bill is assigned to does research on the bill. There are many different committees that have specific issues they deal with. Every state legislator serves on one or more committees.

After the committee completes its research and discusses the bill, the committee decides if the bill should move forward. If the committee goes ahead with the bill, the bill moves to the full chamber of the legislature where the bill was first introduced (the Florida House or Senate). The members of that chamber debate and vote. If that chamber votes for the bill (for example, the Florida House of Representatives), it then moves to the other legislative chamber (for example, the Florida Senate) for more debate and discussion. Finally, the other legislative chamber will vote on the bill. If members of that chamber vote for the bill, the governor will then be asked to sign the bill into law.

If the Florida process of how a bill becomes a law sounds familiar, that is because it is almost identical to the way a bill becomes a law at the federal level. The state legislature has various committees like Congress does. Also like Congress, the state legislature committees study bills, hold hearings, and revise bills if necessary. Finally, just as in the federal government, both legislative chambers (the Florida House of Representatives and the Senate) must approve a bill, and the governor must sign it before it becomes law.

Benchmark 3.11 Diagram the levels, functions and powers of the courts at the state and federal levels.

There are multiple levels, functions, and powers of the courts at the state and federal levels of the government. Jurisdiction (the authority to hear a case) in state and federal courts is described in the U.S. Constitution and the Florida Constitution. The U.S. Constitution decides jurisdiction for federal courts, and the Florida Constitution decides jurisdiction for state courts.

The State Court SystemMost legal issues in a state are dealt with in the state court system. Most states have a three-

level court system similar to the federal court system, but in Florida there is a four-level court system.The lowest courts in Florida are the county courts. The next highest level is the circuit courts. Even higher is the Florida District Court of Appeals. The highest court in the state is the Florida Supreme Court. Below is a brief description of each level of the Florida courts.County Courts

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County courts handle misdemeanors (less serious crimes or minor cases). There is a county court for each of Florida’s counties. These may include traffic violations, disturbing the peace, or civil cases involving less than $1,000. Municipal (city) courts are found in large cities and are divided into traffic, juvenile, and small claims courts. Small claims courts decide civil cases involving minor amounts of money. In small claims court there are two sides: (1) Plaintiffs (people filing lawsuits) and (2) defendants (people being sued) who speak for themselves with no lawyers present.Circuit Courts

More serious crimes (felonies) and civil cases involving large amounts of money (more than$1000) are heard at the next level of the court system. Circuit courts hear, for example, murder, armed robbery, and drug cases. Trials in these courts may be held before a jury. It is the judge’s responsibility to make sure that the trial is handled fairly and lawfully.District Court of Appeals

The third highest court in Florida is the District Court of Appeals. This is an appellate court, which reviews decisions made by the lower trial courts. No trials are held in appellate courts, and there are no juries. Instead, a panel of judges decides cases by a majority vote.Florida Supreme Court

The Florida Supreme Court is the highest court in the state. It can review the decisions of appellate courts and must supervise all Florida courts. It also interprets the Florida Constitution. The Florida Supreme Court has seven justices who review cases and make decisions that are final for the entire state. They do not deal with federal law or the U.S. Constitution. The U.S. Constitution has supremacy over all state laws.

The Federal Court SystemThe federal court system is outlined in Article III of the U.S. Constitution. Article III gives

Congress the power to establish courts below the U.S. Supreme Court. Federal courts hear cases involving the federal government or the U.S. Constitution. There are three levels of federal courts. The lowest federal courts are the federal District Courts, the next level are the federal Appeals Courts, and the highest court in the U.S. is the United States Supreme Court. Only certain cases are heard in federal courts. This is based on jurisdiction. Article III gives the federal courts jurisdiction to hear eight different kinds of cases including:

Cases involving the U.S. Constitution (any case where a person believes that a constitutional right has been violated)

Violations of federal law (any case where the government accuses a person of a federal crime) Conflicts between states (cases where state governments have disagreements) Disputes between people in different states (cases where citizens of different states have

disagreements) Lawsuits involving the federal government (any case where the federal government sues an

individual or company, or is sued by an individual or company) Cases involving foreign governments and treaties (any case where there is a dispute between

the federal government or private citizens and a foreign government) Cases based on admiralty and maritime laws (any case that concerns accidents or crimes on

the oceans or seas) Cases involving U.S. diplomats (any case that concerns a U.S. diplomat working in a U.S.

embassy in another country)Federal trials and lawsuits begin in U.S. District Courts. Each state has at least one U.S.

District Court. District courts have original jurisdiction, which means that certain cases must begin there. U.S. District courts decide on the facts of a federal case. They are the trial courts for both criminal and civil cases at the federal level. U.S. District Courts are the only courts at the federal level where witnesses testify and juries make decisions about the case.

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Many people who lose their case in a U.S. District Court appeal to the next highest court level, which is the U.S. Court of Appeals. The responsibility of the appeals court is to review the decisions made in a lower district court. Appeals courts have appellate jurisdiction, which means they can review the decisions from lower courts if the people or groups involved believe the lower court made an unfair decision. Appeals can occur if (1) the lower court judge applied the law incorrectly, (2) the lower court judge used the wrong procedures, (3) new evidence turns up, or (4) someone’s rights were violated.

The trial and appellate processes are very different. Below is a brief review of these two types of court proceedings.

Process of a Criminal TrialWhen the police make an arrest, suspects are charged with a crime and informed of their

rights (as a result of the 1966 Supreme Court case Miranda vs. Arizona, see Benchmark 3.12). Suspects then go to court to hear the charges against them and to listen to the judge’s decision on what will happen next. Suspects are asked to enter a plea. They can plead guilty, not guilty, or no contest (which means that the suspect does not disagree with the charge).

During a criminal trial, there are four general steps:1. Step 1: Both the prosecution and the defense give their opening statements to tell the judge

and the jury their side of the case. The prosecution always represents the government and the victim of the crime in a criminal case. The defense always represents the person charged with the crime.

2. Step 2: Each side calls witnesses to give testimony (answers given under oath) in the case. These witnesses are also cross-examined by the other side.

3. Step 3: Once all of the witnesses have been questioned, the prosecution and defense give their closing statements and ask the jury to rule in their favor.

4. Step 4: The jury members leave the courtroom to deliberate (discuss the evidence in the case). When they reach a unanimous decision (which means that everyone on the jury agrees), they announce their verdict (their decision on the case).

Process of a Civil TrialCivil cases involve disputes between people or groups of people where no criminal laws have

been broken. When a civil case goes to court, it is called a lawsuit, which is a legal action in which a person or group sues to collect damages (an award of money) for some harm that is done. The plaintiff in a civil trial is the individual or group that files the lawsuit, and the defendant is the individual or group that is being sued.

During a civil trial (lawsuit), there are four main steps:1. Cases begin when a complaint is filed (a formal statement naming the people involved and

describing the reason for the lawsuit).2. Next, the court sends a summons (a document that tells defendants there is a lawsuit against

them and orders them to appear in court). The defendant responds to the suit in a pleading that explains their side of the case.

3. Next is the discovery process. Discovery means that lawyers for the plaintiff and defendant check the facts and gather the evidence for the case.

4. Finally, the lawsuit is heard before a judge or jury. If there is a jury, it will make a decision based on the evidence and facts of the case. When the case is heard only by a judge, the judge’s ruling is called a summary judgment.

The Appellate Process

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Appeals courts have appellate jurisdiction, which means that they can review the rulings and decisions from lower courts if the people or groups involved believe the court acted unfairly. Depending on the type of case, the evidence, and the arguments from both sides, appeals courts decide which cases they will hear. Appeals courts do not hold trials. Instead they hear oral arguments made by two sides – the petitioner (the person who disagrees with the previous ruling) and the respondent (the person who agrees with the previous ruling). Then the judges may do one of three things: (1) uphold (agree with) the original decision, (2) reverse the decision (find in favor of the petitioner), or (3) return the case to the lower court.

Panels of three or more appellate judges review the case being appealed and make a decision by a majority vote. The appeals court decision is final unless it is appealed to the U.S. Supreme Court. Appeals court judges do not decide on guilt or innocence. They decide if the petitioner’s rights have been protected and if the petitioner has gotten a fair trial.

Benchmark 3.13 Compare the constitutions of the United States and Florida.

After the U.S. Constitution was ratified (approved by the states), the states wrote or amended their own state constitutions. Article IV, Section 4 of the U.S. Constitution states: “The United States shall guarantee to every State in this Union a Republican Form of Government”. Because the U.S. Constitution served as a guideline, many state constitutions look very similar to the national constitution, including the Florida Constitution. The U.S. and Florida constitutions both have a preamble (an introduction that states the purpose and goals of government), articles (sections that describe the powers and functions of the government), and amendments (changes that have been made to the constitution). While the basic outline of the U.S. Constitution and the Florida Constitution are the same, the contents of the two documents have major differences.

Below is a brief comparison of the major similarities and differences of the two documents:

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At the state level, the amendment process is very different from the process to amend the U.S. Constitution. Voters in the state must agree to amend the Florida Constitution. Amendments are included on Election Day ballots. Voters vote “yes” or “no” to proposed amendments. An amendment can only be added to the Florida Constitution if 60% or more of the voters vote “yes”.

There are five ways to propose an amendment to the Florida Constitution:

1. Constitutional Convention - A set number of registered voters representing 15% of the votes cast in the most recent presidential election may call for a constitutional convention. Amendments may be proposed at the convention.

2. Ballot Initiative Process – A set number of registered voters representing 8% of the votes cast in the most recent presidential election must sign a petition proposing that an amendment be placed on a future Election Day ballot.

3. Constitutional Revision Commission – The 37-member Constitutional Revision Committee meets every 20 years (the next meeting will take place in 2017) and proposes amendments to the state constitution.

4. Legislative Joint Resolution – Three-fifths (60%) of each house of the Florida Legislature can pass a joint resolution (decision) proposing that an amendment be placed on a future Election Day ballot.

5. Taxation and Budget Reform Commission - The 22-member Taxation and Budget Reform Commission proposes amendments to the state constitution. This Commission last met in 2007 and will meet every 20th year (2027, 2047, etc.).

Benchmark 3.14 Differentiate between local, state, and federal governments’ obligations and services

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