Minilesson: Separation of Powers and Federalism Work Time: Federalism Venn diagram

Separation of Powers power to govern divided between three branches Legislative branch (Lawmaking) Executive branch (Enforces  carries out the laws) Judicial branch (Judges [interprets] the laws)

Checks and Balances prevents one branch from dominating the others

C & BExecutive On Legislative On Judicial Veto bills of Congress Call special sessions Propose legislation

C & BExecutive On Legislative On Judicial Veto bills of Congress appoint federal judges Call special sessions pardon people convicted of crimes Propose legislation

C & BLegislative On Executive On Judicial override presidential veto Approve funding Impeach or remove president or high ranking officials Confirms/rejects federal appointments

C & BLegislative On Executive On Judicial override presidential veto Establish lower federal courts Approve funding confirm/reject appointment of federal judges Impeach or remove president or high ranking officials Impeach and remove federal judges Confirms/rejects federal appointments

C & BJudicial On Executive On Legislative Appointed for life Declare presidential actions unconstitutional

C & BJudicial On Executive On Legislative Appointed for life Decide the meaning of laws Declare presidential actions unconstitutional Declare laws unconstitutional

Federalism  Division of Powers national gov’t shares powers with state gov’ts National gov’t: delegated (enumerated) powers: expressed or implied by the Constitution State gov’ts: reserved powers: not stated in the Constitution therefore given to the states Both: concurrent powers: shared powers

protect public health and safety Provide army and navy spend money for general welfare use power Const does not give federal gov’t or deny the states establish courts copyright and patent laws treaties and deal with foreign countries rules about trade between states and nations print money provide police and emergency services decide units of measure makes laws that are “necessary and proper” rules about business inside a state declare war make and enforce laws establish post office borrow money driver’s and marriage licenses Conduct elections Provide army and navy run public schools build roads establish local gov’ts collect taxes Conduct elections establish post office run public schools print money make/enforce laws provide police and emergency services declare war build roads makes laws that are “necessary and proper” driver’s and marriage licenses collect taxes establish courts establish local gov’ts spend money for general welfare protect public health and safety rules about business inside a state copyright and patent laws treaties and deal with foreign countries use power Const. does not give federal gov’t or deny the states borrow money decide units of measure rules about trade between states and nations

Delegated, Reserved, or Concurrent coin money marriage and divorce laws conduct elections establish postal offices regulate intrastate trading raise taxes establish and maintain schools establish foreign policy administer criminal justice create and maintain armed forces provide for public welfare declare war establish local gov’ts borrow money create federal courts admit new states

Federalism  Division of Powers delegated (enumerated) powers of national gov’t: regulate interstate and foreign trade create and maintain armed forces establish postal offices establish foreign policy create federal courts coin money declare war admit new states

Federalism  Division of Powers reserved powers of state gov’ts: regulate intrastate (w/in the state) trading establish and maintain schools establish local gov’ts make laws about marriage and divorce conduct elections

Federalism  Division of Powers concurrent (shared) powers: provide for public welfare administer criminal justice raise taxes borrow money

Electoral College institution that selects the President and Vice Pres. of the United States every four years framers of the US Constitution disagreed on how to elect a president - Congressional selection - direct popular election The electoral college was a compromise combining features of both approaches

Electoral College and Federalism The electoral college also reflects the federal nature of the Constitution - Ensures that the states have a role in selecting the president

State Electoral Votes Each state is entitled to as many electoral votes as the sum of its representation - U.S. House of Representatives - U.S. House of Senate New York: 27 House members plus 2 senators = 29 electoral votes Total: 435 House members 100 senators 3 electors for the District of Columbia = 538 electoral votes

Who are the Electors? Individuals selected in each state to officially cast that state’s electoral votes. Ohio selects 29 electors to cast the state’s 29 electoral votes. Framers anticipated that electors would be state leaders who would exercise good judgment. Today, party leaders select electors who are typically long-time party activists. Electors almost always vote for their party’s candidates.

Political Science Module Developed by PQE Delegate Votes Divided Each state determines the manner of selection All but two states use a winner-take-all delegates statewide election system Nebraska Maine Everyone else If Candidate A gets the most votes in a state, Candidate A gets the all of the delegates. 4/19/2018 Political Science Module Developed by PQE

Political Science Module Developed by PQE Voters and Electors Therefore, A New Yorker who voted for Obama really voted for an elector pledged to cast the state’s electoral votes for Obama. Remember: In 2000, Bush won all of Florida’s 25 electoral votes because the final official vote tally showed him ahead of Gore by about 600 votes. 4/19/2018 Political Science Module Developed by PQE

Political Science Module Developed by PQE The Real Election In December of election year The electors gather in their respective state capitols to cast ballots for president and vice president. In January Congress comes into session They open the ballots received from each state They announce the official outcome. 4/19/2018 Political Science Module Developed by PQE

What if no one receives a majority? To win, a candidate needs a majority, - 270 electoral votes. If no candidate has a majority - the House of Representatives selects the president from among the three presidential candidates with the most electoral votes. If this happens, each state has one vote. - Happened only once! - 1824 Congress chose John Quincy Adams over Andrew Jackson and Henry Clay. The Senate selects the vice president from the top two vice-presidential candidates. 4/19/2018

Political Science Module Developed by PQE Popular Vote v. the Electoral Vote In a close race, the popular vote winner may not win the electoral college. One candidate may win states by lopsided margins while the other wins states by narrow margins. Electoral vote winners who lost the popular vote Bush over Gore in 2000 Benjamin Harrison over Grover Cleveland in 1888 Rutherford B. Hayes over Samuel Tilden in 1876 4/19/2018 Political Science Module Developed by PQE

Political Science Module Developed by PQE Review Question North Carolina has 13 U.S. representatives. How many electoral votes does the state have? 4/19/2018 Political Science Module Developed by PQE

Political Science Module Developed by PQE Answer 13 U.S. representatives + 2 U.S. senators 15 electors 4/19/2018 Political Science Module Developed by PQE

Political Science Module Developed by PQE Review Question Who are electors? 4/19/2018 Political Science Module Developed by PQE

Political Science Module Developed by PQE Answer They are individuals selected in each state to officially cast that state’s electoral votes. Electors are typically long-time party activists who are selected by their state party organization as a reward for their loyalty to the party. In most states, electors are officially pledged to support their party’s presidential and vice presidential candidates. 4/19/2018 Political Science Module Developed by PQE

Political Science Module Developed by PQE Review Question Does it matter whether a candidate carries a state by a few votes or a lot of votes? 4/19/2018 Political Science Module Developed by PQE

Political Science Module Developed by PQE Answer No. A candidate receives all of a state’s electoral votes whether the candidate carries the state by one vote or a million votes. In every state except Nebraska and Maine, the race is winner take all. 4/19/2018 Political Science Module Developed by PQE

Political Science Module Developed by PQE Review Question What is the small state bias? 4/19/2018 Political Science Module Developed by PQE

Political Science Module Developed by PQE Answer The electoral college has a small state bias because every state gets at least three electoral votes regardless of its population. As a result, small states such as Alaska, Wyoming, and South Dakota enjoy a greater percentage of electoral votes than they would merit based strictly on population. 4/19/2018 Political Science Module Developed by PQE