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 Legislative branch - Congress Bicameral Makes laws, influenced by public opinion Approves/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

The US Senate Made 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 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 president pro tempore usually acts as the chairperson of the Senate and is from the majority party.

The US House of Representatives The Amount of representatives is based on the population of each state. The larger body of Congress. Made up of 435 voting members. Serve 2 year terms. Changes are made every 10 years after the census is taken. Political party with more than half the members is known as the majority party. The other party is called the minority party. The overall leader of the House of Representatives is called “The Speaker of the House” He/She is chosen by the majority party.

3 Branches of Government: Executive Branch Executive branch – the President Enforces the laws and court opinions Approves or vetoes laws Appoints judges and executive department leaders Pardons May call a special session of Congress

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. The President presents legislative proposals for the year in the speech. The President’s Census Bureau conducts a census every decade. The President has the power to veto and to pocket veto (only in the last 10 days of a Congressional session). Check and balance?

Presidential Power: Party Leader The President will help the party with fundraising and elections. The President works with interest groups and lobbyists as much as possible. The President uses patronage as favors to party members. Check and balance?

Presidential Power: Chief Executive The President is in charge of the Executive branch. The President is responsible for carrying out laws passed by Congress. The President appoints members of the Executive Departments and federal judges 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: ①pardon ②commute ③grant 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. 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. Executive Departments that help the President: Department of State Department of Defense Department of Homeland Security

Presidential Power: Commander In Chief The President is in charge of the armed forces. The President is a civilian who outranks all generals. 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 may use troops for domestic situations, such as riots or emergencies.

Presidential Power: Additional info The President is elected by the Electoral College. 270 = winner 22nd amendment The 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 government basic 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 government basic 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 government basic 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 . Executive branch Judicial branch Legislative branch Senate President US Supreme Court C O N G R E S 9 justices, original and appellate jurisdiction Executive Departments US Courts of Appeals 3 judges, appellate jurisdiction only House of Representatives Independent agencies US District Court 94 courts, one judge and one jury Original jurisdiction only

NC (state) government . judicial legislative executive NC Senate B y NC Senate NC Supreme Court Appellate/death sentences, NC Const Cabinet, appointed NC Court of Appeals NC Trial Court – Superior Court, felonies, civil $10,000+ House of Repr Council of State, elected NC Trial Court – District Court Misdemeanors, civil less than $10,000

Local government county + municipal . County government Municipal government 0. mayor 1. County commissioners Both elected in partisan elections, both are local govt, c. Both depend on property taxes 1. City council 2. County manager 2. City manager 3. sheriff 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.