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Branches of Government Review
Ms. Stacks Civics
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Checks and Balances Other restrictions come from the Constitution
Supreme Court can declare laws established by Congress as unconstitutional The president can veto bills passed by Congress before they become laws If both houses of Congress can muster a two-thirds vote, they can override the president’s action
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LEGISLATIVE BRANCH Makes the Laws
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Introduce Bills Congress has sole power to introduce bills in Congress
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Standing Committees Permanent committees that continue their work from session to session
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Joint Committees Both House and Senate meet together
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How a Bill Becomes a Law 1. Bill introduced 2. committee action
3. floor action 4. Vote 5. Presidential action
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Bicameral Congress is bicameral because it has 2 houses: Senate and House of Representatives
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Framers of Constitution
wanted to make the legislative branch of government more powerful than any other branch. Congress is described in the first part of the Constitution in Article I
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Congressional Term Lasts for 2 years
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House of Representatives
435 members – based on state’s population Constitution guarantees each state at least one representative, no matter how small its population Serve 2-year term Leader: Speaker of the House
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Senate 100 members – 2 from each of the 50 states Serve 6-year terms
Leader: president pro tempore
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Filibuster Talking a bill to death
Can be ended with three-fifths of the senators voting for cloture
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Impeach accuse officials of misconduct in office
Requires two-thirds vote of Congress to convict
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Implied powers congressional powers that are not stated explicitly in the Constitution
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Expressed Powers Powers listed (enumerated) in Constitution
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Writ of Habeas Corpus a court order that requires police to bring a prisoner to court to explain why they are holding the person Congress cannot suspend this
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Ex Post Facto Laws laws that make an act a crime after the act has been committed
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Bills of Attainder laws that punish a person without a jury trial
Congress is banned from passing these
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Pork-barrel Projects Federal government projects that benefit home districts or states
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Executes (carries out) the laws
EXECUTIVE BRANCH Executes (carries out) the laws
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Veto president’s refusal to sign a bill
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Electoral College indirect method of election; “winner-take-all” system Electoral votes of each state is equal to number of U.S. Senators and representatives the state has
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Electors people appointed by each state to vote for the presidential candidates
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Executive Order rule or command that has the force of law
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Pardon declaration of forgiveness
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Foreign Policy nation’s plan for dealing with other nations
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Treaty formal agreement between the governments of two or more countries Two-thirds vote required to approve treaties with other nations
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Ambassador official representative of a country’s government
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Cabinet Group of presidential advisers
Meets whenever president wants to
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Political Appointees people who the president has chosen as employees
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Civil Service Workers people who generally have permanent employment with the national government
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Qualifications of the President
At least 35 years old Be native-born U.S. citizen Be a resident of U.S. for at least 14 years
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Powers of President Declare war
Form relationships with foreign nations Veto or approve laws Appoint cabinet members with Senate approval Appoint Court Justices with Senate approval
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Presidential Succession Act
Sets the line of succession after president Speaker of the House President pro tempore of the Senate Secretary of state
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Executive Office Core = White House
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Office of Administration
respond to individuals seeking records under the Freedom of Information Act
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Economic Leader the president plans the budget of the federal government
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Commander in Chief In charge of army, marines, navy, air force, and coast guard Send troops overseas to support foreign policy decisions
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Chief Diplomat meets and negotiates with leaders and representatives of other countries
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JUDICIAL BRANCH Interpret the laws
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Judiciary Act of 1789 established federal district courts and circuit courts of appeals
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Supreme Court Has final authority to determine whether a law is acceptable under the Constitution
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Jurisdiction court’s authority to hear and decide a case
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Concurrent Jurisdiction
situation in which both state and federal courts have jurisdiction
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Original jurisdiction
authority to hear cases for the first time
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Appellate Jurisdiction
authority of a court to hear a case appealed from a lower court
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Equal Justice Under Law
idea upon which the U.S. justice system is based
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Precedent past opinion that guides judges by offering a model upon which to base their own decisions in similar cases judges rely heavily on previous opinions in similar cases
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Dissenting Opinion opinion that presents the view of justices who disagree with the majority decision
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Judicial Review power to review any federal, state, or local law or action to see if it goes against the Constitution Supreme Court case Marbury v. Madison established this for the first time
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Engel v. Vitale ruled that a public school district’s practice of starting the day with prayer violates the establishment clause
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The Federal Court System
federal district courts, federal appeals courts, and the U.S. Supreme Court
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Appeals Court reviews decisions made in lower courts.
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District Court hold both criminal and civil trials
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Ex parte Endo case Endo was a Japanese American fired from her job
Questioned: internment of Japanese Americans Outcome: Japanese Americans were released from internment.
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Supreme Court Justices
All Supreme Court Justices have been lawyers eight associate justices and one chief justice
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Decision Making Steps in Supreme Court Decision Making
1. Written Arguments – briefs are presented** 2. Oral Arguments 3. Conference – six justices present ** 4. Opinion Writing 5. Announcement **
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