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II. How the Federal Government Works
A. The Legislative Branch 1. The larger of the two bodies is the House of Representatives, which currently has 435 members. (PA = 18 representatives,= 4%) a) Representation in the House is based on population, with higher populated states having more representation than less populated states. b) Every state has at least one representative. c) Two year terms. d) May run for as many times as they want. 2. The leader of the House is called the Speaker.
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a) The Speaker regulates debates and controls the agenda. b) The Speaker is second in line of succession to the Presidency. 3. The Senate is based on equal representation, with two representatives for each state. a) Six year terms. b) 1/3 of the Senate is up for election every two years. c) At first Senators were elected by state legislatures, but the 17th Amendment changed this to direct elections by the people.
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4. The Vice President of the U.S. is president of the Senate. a) The Vice President presides over the Senate and casts a vote when there are ties. b) When the Vice President is absent, the president pro tempore, or temporary president presides. 5. The most important power of Congress is the power to make the laws. a) All laws start out as proposals called bills. b) Bills may start out in the House or the Senate. c) An appropriations bill, which is designed to raise money for the government, must be introduced in the House.
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d) A bill is debated. e) If both houses approve the bill, it is then sent to the President, who must sign it before it becomes law. 6. Article I, Section 8, lists most of the powers of Congress a) Ex: Levy, or collect, taxes and to borrow money. b) Coin money, fix standards for weights and measures, and to declare war. c) Article I, Section 8, Clause 18 is known as the “elastic clause” which enables Congress to stretch its powers to deal with the changing needs of the nation. 7. Congress relies on committees to hear the introduction of approximately 10,000 bills per year.
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a) Both the House and the Senate have permanent, or standing committees. b) Ex: agriculture, banking, business, defense, education, science, transportation, etc. c) Seniority is considered when assignments are distributed. 8. Joint committees are set up to work out disputes between the House and the Senate. B. The Executive Branch 1. Article II sets up the executive branch to carry out the laws & run the affairs of the national government.
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a) The President is the head of the executive branch. b) Other members include the Vice President, the Cabinet, and the many departments and agencies that help them in their work. 2. The Constitution offers few details about the powers of the President. a) Beginning with George Washington, the Presidents have often taken those actions they thought necessary to carry out the job. 3. The President is the highest elected official. a) The President and Vice President represent all the people.
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b) The President has the duty to carry out the nation’s laws. c) The President directs foreign policy and has the power to make treaties with other nations (Approved by the Senate) and to appoint ambassadors. 4. The President is the Commander in Chief of the armed forces. a) As the nation’s chief legislator, the President suggests laws and works for their passage. b) Grants pardons and call special sessions of Congress. 5. The President is elected to a four year term.
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a) The 22nd Amendment limits the President to two complete terms. 6. The framers set up a complex system for electing the President, known as the electoral college. a) Americans do not vote directly for the candidate of their choice. b) They vote for electors who are pledged to the candidate. c) Electors = representatives + senators d) No state has fewer than 3 electors.
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7. A few weeks after Election Day, the electors meet in each state to cast their votes for President. a) In most states, the candidate with the majority of the popular vote receives all that state’s electoral votes. b) A candidate who receives a majority of the electoral votes nationwide becomes President. 8. Because of the “winner take all” nature of the electoral college, a candidate can lose the popular vote nationwide but still be elected President.
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C. The Judicial Branch 1. The Constitution establishes a Supreme Court and authorizes Congress to establish any other courts that are needed. a) Judiciary Act of 1789. 2. Most federal cases begin in district courts. a) Evidence is presented and a jury or a judge decides the facts of the case. b) Parties who disagree with the decision may appeal it, that is, ask that the decision be reviewed by a higher court.
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c) The next level of the court is the appellate court, or the court of appeal. 3. At the top of the American judicial system is the Supreme Court. a) Chief Justice (John Roberts) and 8 Associate Justices. b) The President appoints the justices, but the Senate must approve the appointments. c) Justices serve for life. 4. Because the Supreme Court’s decisions are final it’s called “the court of last resort.” a) Fewer than 100 cases per year.
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b) Decisions rest on a majority vote of at least 5 justices. 5. Early in our country’s history the Supreme Court has asserted the right to declare an act by the President or a law passed by Congress as unconstitutional, or not allowed by the Constitution. D. Checks and Balances 1. The system of checks and balances allows each of the three branches of government to check, or limit, the power of the other two. a) The President can veto, or reject, a bill that Congress has passed. b) Congress can override, or overrule, the veto. c) Congress must approve appointments and ratify treaties made by the President.
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2. Congress’s most extreme check on the President is to remove him or her from office. a) The House must impeach, or bring charges of serious wrong doings against the President. b) The Senate then conducts a trial and if 2/3s of the Senate votes to convict then the President must leave office. c) 2 Presidents have been impeached, Andrew Johnson 17 and Bill Clinton 42, neither was convicted by the Senate.
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