Powers of the Executive and Judicial Branches Lesson 14

Limiting Executive Power Framers wanted to give the executive enough power and independence to fulfill responsibilities, but not so much it could be abused Want to create a system with balanced powers; strengthen executive without allowing it to overtake the other 2 branches

Organizing the executive Questions: Single or plural executive? (single) Term in office? (4 years) Reelection? (yes—1951 limited to 2 terms) Powers Carrying out and enforcing laws made by Congress Nominate people for federal office Negotiate treaties with other nations Conduct wars Pardon people Send and receive ambassadors

Shared powers Veto Appointments Treaties War Executive powers listed in Article 2 are kind of vague

Selection of president Thought of different ways to choose a president Direct (by the people) Indirect (chosen by Congress, state legislatures or governor, or special group of people elected for that purpose) Created the Electoral College Organized once every 4 years State selects members—”electors”—same number as the state has in house and senate Each elector chooses 2 people Highest number of votes=president, 2 nd place=VP

Judicial Branch Need a system for deciding cases involving national laws—need some kind of national court to resolve disputes involving federal laws Judicial branch also completes the separation of powers. Framers agree that criminal trials should be trial by jury Create Supreme Court as head of federal judiciary

Judges are to be independent of politics Would be nominated by the president and ratified by the Senate Can keep positions for life “during good behavior” Given power to decide Conflicts between state gov’ts Conflicts involving national government Two types of jurisdiction Original—cases go directly to the Supreme Court (state governments, ambassadors, etc) Appellate—go to lower court first, then are appealed to Supreme Court

Judicial review Should the Supreme Court be given the power of judicial review—authority to declare acts of exec/leg. unconstitutional? Would give Court more power to ensure the other 2 branches didn’t exceed the limits placed on them by the constitution Didn’t specifically decide at convention— power of judicial review established in 1803