1. I can identify factors of the judicial and legislative branches.
USA Government
Learning Intention
I can identify factors of the judicial and legislative branches.

2. Separation of Powers
Executive Branch
Legislative Branch
Judicial Branch
Political power is distributed among the three branches of government, all acting independently and interdependently Powers are shared through a series of checks and balances

3. Federal Government Power
Legislature
Makes the laws
Congress
House of Representatives
Senate
Executive
Carries out the laws
President
Plus VP, EXOP, Cabinet, Executive Dept, and Agencies
Judiciary
Enforces and interprets the laws
Supreme Court
Including appeal courts and trial courts

4. Separation of Powers
All three branches have an important function theses are;
Executive Function (President and Cabinet)
The government must have the ability to write and decide laws.
Legislative Function (Congress and Senate)
Debates and votes on legislation.
Judicial Function (Supreme Court)
Interprets and applies the law.

5. Checks and Balances
A number of ‘checks and balances’ are also included within the federal system to ensure that no one branch can become too powerful.
For example, the President can block a law proposed by Congress and the Senate using a ‘veto’.
However, Congress and the Supreme Court can vote down laws suggested by the President if it is deemed to ‘unconstitutional’.

6. The legislature (Congress) The executive (President)
Checks and Balances
The legislature (Congress)
The executive (President)
The judiciary (Supreme Court)
Propose/Amend/delay/reject legislation (laws)
Override president’s veto
Power over budget (how much government has to spend)
Declare war
Agree treaties (Senate)
Impeachment, trial, conviction and removal from office (including presidents)
Impeachment, trial, conviction, removal from office.
Propose constitutional amendments (changes to existing laws).
Issue new legislation to overturn rulings of the courts.
Can reject presidential appointment of judges.
Recommend legislation (laws)
Veto legislation
Commander In Chief (order military action)
Negotiate treaties with other Countries.
Appointment of judges (when a vacancy arises)
Power to give presidential pardons
Judicial Review (Reject proposed law)
Judicial Review (Reject proposed laws)

7. Commander in Chief of Armed Forces.
Power - 9/11, Bin Laden etc.
Check - only Congress can declare war.
Overall – power to an extent…but…
Power of Appointment.
Power – can appoint Supreme Court Justices etc.
Check – must be confirmed by the Senate
Legislative Power.
Power – State of the Union, spending plans
Check – Congress controls budget, introduces bills
Power of Veto.
Power – Veto bills from legislative branch
Check – Congress can over-ride with 2/3 majority

8. Credit reference to aspects of the following:
The powers of the US president include:
determine foreign policy and diplomacy
propose legislation
issue executive orders
submit the budget to Congress — but can refuse to release money for legislation that he/she disapproves of
adjourn/recall Congress at any time
make appointments
Commander in Chief of armed forces
negotiates treaties
veto

9. Limits on the US president by the Congress may include:
may impeach the president (House of Representatives)
conducts the trial for impeachment (Senate)
‘filibuster’ and delay legislation — this usually results in a forced compromise with the president
make it difficult/delay bills getting through Congress if there are divisions between Congress and the president or within their own party
Supreme Court recommendations must be approved by the Senate
many appointments subject to approval by US Senate
refuse to pass any laws during special sessions called by the president
Congress declares war and allocates money to fund it
Congress scrutinises any treaties and a 2/3 Senate majority is required to ratify them

10. Checks on the President by Congress
EXAMPLES
Checks on the President by Congress
Congress over-rode President Bush's veto of legislation protecting doctors from a 10% reduction in the money they got for treating medicare patients.
For congress to over-ride a Presidential veto, they must achieve a 2/3 majority in a vote.
The most common method used to block the presidents legislation is to use the “power of the purse”.
Congress have the ability to withdraw funding from existing programs or argue that new legislation is too expensive.
For example, the Republican’s threatened to deny funding in an effort to block Obama’s Affordable Care Act.

11. Checks on Congress by the President
EXAMPLES
Checks on Congress by the President
In December 2009 Obama used his presidential veto to block a government spending bill put forward by Congress.
Obama has only used 2 vetoes so far.
His 2nd veto in October 2010 was a housing foreclosure bill.
Sometimes the threat of a veto can be an effective tool for a President.

12. Checks on the Supreme Court by the President
EXAMPLES
Checks on the Supreme Court by the President
President Obama signed into law the Fair Pay Act of 2009.
This overturned the Supreme Court’s ruling that made it difficult for workers to obtain compensation for discrimination.
Presidential pardon of Randy Eugene Dyer in 2011.
Mr Dyer was convicted in 1975 for trafficking drugs from Mexico.
After serving 3 years in prison he was released and dedicated his life to God and has been a minister for 30 years.

13. Checks on the Supreme Court by Congress
EXAMPLES
Checks on the Supreme Court by Congress
In March 2008, the House of Representatives voted unanimously to impeach a Federal Judge on corruption charges.
He was found to have been corrupt, taken bribes, lied to the Senate and the FBI.
Currently, 4 out of 27 constitutional amendments overturn Supreme Court decisions.
For example, the 14th Amendment guarantees the civil rights and citizenship of African Americans.

14. Checks on Congress by the Supreme Court
EXAMPLES
Checks on Congress by the Supreme Court
In 2003 the Supreme Court blocked a law put forward by Congress that attempted to stop people under the age of 17 making contributions (financial or campaigning) to political parties.
In their ruling they deemed the proposal to be ‘unconstitutional’.
In 1989 the Supreme Court judged any law prohibiting burning of the American flag to be unconstitutional as it violates the First Amendment.
The only way Congress can prohibit flag burning is to introduce a constitutional amendment.
The most recent attempt to adopt a flag desecration amendment failed in the United States Senate by one vote on June 27, 2006.

15. The Judicial Branch Constitutional Role Power of Judicial Review
Appointments
Political Significance
Protection of Citizen’s Rights
Relationship with Other Branches

16. The highest court in the USA is the Supreme Court
The highest court in the USA is the Supreme Court. The Supreme Court makes sure any laws passed by Congress are constitutional.

17. Judicial Branch There are 9 Judges in the supreme court
1 Chief Justice and 8 Associate Justices.
Judges are appointed for life.
If a Supreme Court judge retires or dies, the President can nominate a replacement. It is up to the Senate whether this nomination can be approved.

18. Many of the most important social changes in America came about, not by acts of Congress, but by Supreme Court decision
The US Supreme Court has made racial segregation illegal, ended school prayer, legalised abortion.

19. Brown v Board of Education 1954
Linda Brown was denied admission to a school simply because she was African American.
She had to walk a mile through a railroad switchyard to get to her all-black elementary school, even though there was a school just seven blocks from her home.
The Supreme Court unanimously ruled that segregation in public schools was unconstitutional.

20. It overturned the 1896 Plessy v Ferguson decision that allowed for “separate but equal” facilities for blacks and whites.
A unanimous court held that segregation stamped a badge of inferiority on ethnic minority children and hindered their development no matter how equal the facilities.
“We conclude that in the field of public education the doctrine of ‘separate but equal’ has no place.”

21. Loving v Virginia 1967
The court struck down a Virginia law prohibiting interracial marriages as a violation of the 14th Amendment.
Roe v Wade 1973
The Supreme Court invalidated a Texas law prohibiting abortion except to save a mother’s life.
Justice Harry Blackmun wrote that the 14th Amendment “protects against state action the right to privacy, including a woman’s right to terminate her pregnancy.”

22. Affordable Care 2012
In June 2012 the US Supreme Court upheld the Affordable Care Act, which allows the Federal government to force states to enforce the provisions of the affordable Care Act, so-called "Obamacare."

23. Judges are appointed for life.
If a Supreme Court judge retires or dies, the incumbent President can nominate a replacement.
It is up to the Senate whether this nomination can be approved.

24. The Legislative Branch
Constitutional Role
Composition
Differences between Houses
Importance of the Parties
Roles of Congress
Relationship with Government and Supreme Court

25. Federal Government Power
Legislature
Makes the laws
Congress
House of Representatives
Senate
Executive
Carries out the laws
President
Plus VP, EXOP, Cabinet, Executive Dept, and Agencies
Judiciary
Enforces and interprets the laws
Supreme Court
Including appeal courts and trial courts

26. Legislative Branch United States Congress is part of this branch.
Congress is made up of 2 houses
House of representatives- 435 members, 2 year terms
House of senate- 100 members, 6 year terms
Main goal of this branch is to make laws
Members are elected by the people

29. Exam style question
‘The powers of the President are limited’ Describe, in detail, how the powers of the President are limited. 6 marks = 15 minutes (1 ½ minutes per mark) ‘The separation of powers make all 3 branches of government independent and interdependent’. Describe the 3 branches of government in detail. 8 marks = 18 minutes
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