Unit 2 The American System III The Branches

Unit 2 The American System

III. The Branches A. Legislature 1. Congress a. BICAMERAL (two-house): initiates and approves laws b. AMENDMENTS: • 20 TH : moved the inauguration of Congress and president up from March to Jan. • 27 th 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 – 6 th 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. 17 th 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

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 Mc. Connell 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. 22 nd 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 a. Constitutional implications: (13. 2) 1. President of the Senate 2. 12 th Amendment – must run for president or vice president 3. 25 th 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 Judicial Branch - Article III 1. 11 Amendment – states cannot be sued in federal courts by citizens of other states or foreign countries. th 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. (5 th Amend. ) nor states (14 th 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 1. ORIGINAL a. cases involving representatives of foreign govts b. states involved in lawsuits 2. APPELLATE a. lower court appeals b. state supreme courts b. 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 John Jay Thurgood Marshall Liberal Ruth Bader Ginsburg – Clinton Sandra Day O'Connor Moderate Anthony Kennedy – Reagan Sonia Sotomayor 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)