1. Benchmarks
SS.7.C.3.8 The Structure, Functions, and Processes of the Legislative, Executive, and Judicial Branches of Government
(Also assesses SS.7.3.9)
Task- Analyze the structure, functions, and processes of the legislative, executive, and judicial branches.
SS.7.3.9
Illustrate the lawmaking processes at the local, state, and federal levels

2. The White House

3. The Powers of the Executive Branch
Explanation of Power
Example
Executive Order
a “law” for the executive branch; an order that comes from a chief executive (president or governor) as to how the executive branch will function.
Executive orders are not reviewed by Congress.
President Franklin Roosevelt signed Executive Order 9066 “Executive Order Authorizing the Secretary of War to Prescribe Military Areas” on February 19, The enforcement of this executive order led to the forced internment (see Benchmark 3.6) of U.S. citizens of Japanese descent during World War II.
Veto
a decision by an executive authority such as a president or governor to reject a proposed law or statute
During the Vietnam War (see Benchmark 4.3), President Richard Nixon vetoed the War Powers Resolution (1973) that placed limits on the president’s Commander-in-Chief role (see Benchmark 3.3). Congress overrode the president’s veto.

4. The Powers of the Executive Branch
Explanation of Power
Example
Appointments
The Chief Executive nominates persons to hold specific public offices.
President George W. Bush nominated John G. Roberts for Chief Justice of the U.S. Supreme Court on September 5, 2005.
President Barack Obama nominated John Kerry for Secretary of State on December 21, 2012.
Pardon
The Chief Executive formally excuses public office holders from being prosecuted for crimes or wrongdoing committed while in office.
President Gerald Ford pardoned President Richard Nixon on September 8, 1974 for any crimes he may have committed while in office (President Nixon resigned the presidency on August 9, 1974).

5. The U.S. Supreme Court

6. The Powers of the Judicial Branch
Explanation of Power
Example
Court Order
a formal statement from a court that orders someone to do or stop doing something
The Florida Supreme Court ordered that the Circuit Court in Leon County hand count 9000 ballots from Miami-Dade County following the November 7, 2000 presidential election. It also ordered that all Florida counties hand count ballots which did not indicate a vote for president (see Benchmark 3.12). Summary adapted from Bush v. Gore.
Judicial Review
the power of the U.S. courts to examine the laws or actions of the legislative and executive branches of the national and state governments and to determine whether such actions are consistent with the U.S. Constitution
Marbury v. Madison (see Benchmark 3.12)
The spirit of checks and balances suggests that the U.S. Supreme Court oversee the work of determining the constitutionality of legislation and executive orders because the president and Congress (or the governor and state legislature) have already participated in the legislative process.

7. The Powers of the Judicial Branch
Explanation of Power
Example
Summary Judgment
an attempt to stop a case from going to trial; also,
a judgment decided by a trial court without that case going to trial
In 2011, a federal judge issued a summary judgment ruling that Derek Turner and Toby Blome’s First Amendment free speech freedoms (see Benchmark 2.4) were violated by the Golden Gate Bridge District (San Francisco, CA) that required small groups to obtain permits to use the walkway. Further, protests were banned after 2pm on weekends. Turner wanted to protest China’s foreign policy during the Olympic torch relay while Blome wished to oppose the war in Iraq (Gulf War II; see Benchmark 4.3)
Writ of Certiorari
a writ of certiorari is issued when a higher level court agrees to hear an appeal of an inferior (lower) court’s decision
All cases that come before the U.S. Supreme Court on appeal must be granted a writ of certiorari because these cases have been heard by lower courts. In Benchmark 3.12, all cases listed (including the case named in the content focus) were appeals except Marbury v. Madison.
The Powers of the Judicial Branch

8. The Federal Capitol Building
House of Representatives
Senate

9. The Structure of the Legislative Branch
Level of Government
Legislative Titles
Chamber Titles
Institution Title
Members
National
Representative
Senator
U.S. House of Representatives
U.S. Senate
U.S. Congress
435 U.S. Representatives
100 U.S. Senators
State
Florida House of Representatives
Florida Senate
Florida Legislature
120 Representatives
40 Senators
Local
City/County Commissioner
N/A
City Council
County Commission
Determined by city and county charters

10. The Legislative Process at the National and State Levels of Government
Power
Explanation of Power
Possible Outcome
Introduce Legislation
Ask the legislative chamber to consider a proposed law (bill)
Bill is forwarded to committee
Forward Bill to Committee
Ask a committee to consider the bill
Bill is forwarded to legislative chamber
Vote on Bill
A majority of members of each chamber (50%+1) must approve of the bill before it is forwarded to the chief executive
Bill is forwarded to the chief executive
Chief Executive acts on Bill
Chief Executive may sign the bill into law or veto the bill.
National law
State statute
The Legislative Process at the National and State Levels of Government

11. How A Bill Becomes A Law

12. The Appointment Process
Power
Level of Government
Explanation of Power
Nomination by Chief Executive (U.S. president or Florida governor)
National
State
The Chief Executive nominates persons to hold specific public offices.
Appointment by Senate
The U.S. Senate must approve, by majority vote, of persons named by the president to hold specific offices (nominees).
The Florida Senate must approve, by majority vote, of persons named by the governor to hold specific offices (nominees).
The Appointment Process

13. The Impeachment Process
Power
Level of Government
Explanation of Power
Possible Outcome
Impeach
National
State
The power to bring charges of official wrongdoing against a person holding public office
Impeachment requires a majority vote in the U.S. House of Representatives.
Impeachment requires a majority vote in the Florida House of Representatives
Convict
Conviction leads to the removal of executive and judicial branch officials and a criminal record
Conviction requires a 2/3 vote in the U.S. Senate.
Conviction requires a 2/3 vote in the Florida Senate.

14. The Florida State Capitol Building

15. Party Leadership Congress and the Florida Legislature
Majority leader: The leader chosen by the party with the most seats in his or her house of Congress; this person represents the majority party in policy debates.
Minority leader: The leader chosen by the party with the least seats in his or her house of Congress; this person represents the minority party in policy debates.
President pro tempore of the Senate: The second highest ranking member of the U.S. Senate (The U.S. Constitution provides that the vice-president is the president of the Senate). The person who presides over the Florida Senate when the Senate president is not present.
Speaker of the House: The person who presides over the U.S. House of Representatives/the person who presides over the Florida House of Representatives. The majority party selects the Speaker of the House in the United States and in Florida.