PowerPoint Presentation - The Three Branches of Government

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					     The Constitution




James Madison   Alexander Hamilton
   I. Separation of Powers
• The powers of the Federal Government
 are divided between three branches
           • Executive Branch
           • Legislative Branch
            • Judicial Branch
Federal Government
   Organization
 Duties of Executive Branch
• The Executive Branch has the power to
  enforce the laws.
President and Vice
     President
   Powers of the Executive
           Branch
• President may recommend laws.
• President may call special sessions of Congress.
• President may veto bills.
• President may pardon all federal offenders.
• President may appoint all federal judges.
• Commander in Chief of the Armed Forces
                         The President
 Executive             The Vice President

Organization    Department of      Department of
                 Agriculture        Commerce


                Department of      Department of
                  Defense            Education


                Department of      Department of
                   Energy         Health & Human
                                     Services


                Department of      Department of
               Housing & Urban        Interior
                Development


                Department of      Department of
                   Justice            Labor


                Department of     Department of
                   State          Transportation


                Department of      Department of
                  Treasury        Veterans' Affairs
   Duties of the Legislative
           Branch
• Legislative Branch makes the laws.
Legislative Branch




      Olympia J. Snowe
    Powers of The Legislative
            Branch
•   Senate may reject treaties.
•   May impeach or remove President from office.
•   Senate may refuse to confirm presidential appointments.
•   May override President’s vetoes.
•   Proposes Amendments to Constitution
•   May refuse to confirm judicial appointments.
•   May impeach and remove federal judges.
•   Creates lower federal courts and sets judges’ salaries.
•   Declare War
  House of Representatives
• Lower House
• Each Congressman represents a district of about
  450,000 voters.
• Speaker of the House is the Presiding Officer of
  the House
• Terms for Congressman are 2 Years
• There are 435 Members of the House
• All Congress members run every 2 years
• All revenue (taxation) bills must begin in the
  house
• They are very accountable to the people.
                 Senate
• Upper House
• Each State has 2 Senators
• Senators terms are for 6 years
• Only 1/3 of the Senators run every 2 years
• Vice President is the Presiding Officer of
  the Senate
• The Vice President breaks all ties on votes
  in the Senate.
          Judicial Branch
• The Judicial Branch interprets the law.
Judicial Branch




   William Rehnquist
     Powers of the Judicial
           Branch
• May rule that laws are unconstitutional.

• May rule that Executive acts are
  unconstitutional.
         Judicial Branch
• Federal Judges serve lifetime terms.
• This “insulates” them from pressure
  from the populace.
• They are free to pursue justice as
  they see fit absent political pressure.
   II. Checks and Balances
• Checks and Balances were written into
  the constitution so that no branch would
  gain excessive power or superiority over
  any of the other branches.
• Each branch received specific checks on
  the other two under the Constitution.
• Theoretically, the framers sought to
  create three equal branches of the
  Federal government.
  Executive Checks on the
         Legislative
• President can Veto Bills passed by
  Congress.
• President can call special sessions of
  Congress.
• President can recommend
  legislation to Congress.
  Executive Checks on the
          Judicial
• President appoints all Federal
  Judges.
• President has power to pardon
  people.
  Legislative Checks on the
           Executive
• Congress can override Presidential vetoes
  by a 2/3 majority of both houses.
• Congress provides “advise and consent”
  to presidential judicial and executive
  appointments.
• Senate can reject treaties.
• House can impeach and Senate can
  convict the President.
 Legislative Checks On the
           Judicial
• Proposes Amendments to Constitution
• May refuse to confirm judicial
  appointments.
• May impeach and remove federal
  judges.
• Creates lower federal courts and sets
  judges’ salaries
    Judicial Check on the
          Executive
• Courts may rule that Executive acts
  are unconstitutional.
    Judicial Check on the
          Legislative
• Courts can rule that laws passed by
  Congress are unconstitutional.
          III. Federalism
• Federalism is the separation of powers
  between the Federal government
  (Washington) and the State Governments
  (50 States).
Federal Government




    Mt. Rushmore
   Powers of Federal
     Government
• Regulate interstate and foreign
  commerce
• Coin money.
• Declare war.
• Establish postal system.
• Establish federal courts.
• Set standards for weight and
  measures.
• Pass laws needed to carry out it’s
  powers.
• Admit new states.
Powers of Federal
  Government



     Coin Money




     Armed Forces
Powers of the State
  Governments

•   Conduct Elections.
•   Determine voting requirements.
•   Establish local governments.
•   Provide for public safety.
•   Enforce Laws.
•   Lay and collect taxes.
•   Establish courts.
   Powers of the State
     Governments

                                   State Courts




State Capitol
                State Law Enforcement
 Concurrent Powers (State
and Federal Governments)

    •   Enforce laws
    •   Borrow Money
    •   Lay and Collect Taxes
    •   Establish Courts
    •   Charter Banks
    •   Provide for the General
        Welfare
 Concurrent Powers (State
and Federal Governments)




Law Enforcement
                                  State Banks


                  Public Safety
         IV. Bill of Rights
    First Ten Amendments
• The Bill of Rights were added to the
  Constitution shortly after the
  Constitution was ratified.
• They were added to protect
  individuals’ rights and preserve
  certain freedoms from
  encroachment from the
  government.
          Amendment 1
• This amendment
  gives people the
  right to freedom of
  religion,speech
  and press. It also
  protects the
  peoples’ rights to
  assemble and
  petition the
  government.
            Amendment 2




• This amendment states that people shall have
  the right to a well regulated Militia, security of
  a free state and it states that it is the right of
  the people to keep and bear arms.
           Amendment 3
• Government cannot
  put soldiers in any
  private home without
  the consent of the
  owner
            Amendment 4
• The Government
  does not have the
  right to unreasonable
  searches and seizure.
            Amendment 5
• No double jeopardy.
• A person does not have to testify against himself.
• Every citizen is guaranteed due process.
             Amendment 6
• This is the right to a speedy trial and the ability to
  obtain witnesses in his favor.




                                         Judge Judy
            Amendment 7
• The right to a jury if so desired when the
  controversy is over 20 dollars.
• No fact tried by a jury can be reexamined in
  any court of the united states.
           Amendment 8
• Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel and
  unusual punishments inflicted.
            Amendment 9
• The enumeration in the Constitution, of certain
  rights, shall not be construed to deny or
  disparage others retained by the people.
          Amendment 10
• The powers not delegated to the United
  States by the Constitution, nor prohibited
  by it to the States, are reserved to the
  States respectively, or to the people.
    V. Amendments 11-27
• Amendments 11-27 were added
  over time to address needs that
  were absent from the original
  Constitution and the Bill of Rights.
• These Amendments are what make
  the Constitution a truly “breathing”
  document.
           Amendment 11
• The judicial power of the United States shall not
  be construed to extend to any suit in law or
  equity, commenced or prosecuted against one
  of the United States by citizens of another state,
  or by citizens or subjects of any foreign state.
             Amendment 12
• The electors shall meet in their respective states and vote
  by ballot for President and Vice-President, one of whom,
  at least, shall not be an inhabitant of the same state with
  themselves; they shall name in their ballots the person
  voted for as President, and in distinct ballots the person
  voted for as Vice-President
• If such number be a majority of the whole number of
  electors appointed; and if no person have such majority,
  then from the persons having the highest numbers not
  exceeding three on the list of those voted for as President,
  the House of Representatives shall choose immediately, by
  ballot, the President.
           Amendment 13
• Neither slavery nor involuntary servitude, except
  as a punishment for crime whereof the party
  shall have been duly convicted, shall exist within
  the United States, or any place subject to their
  jurisdiction.
• Congress shall have power to enforce this article
  by appropriate legislation.
Amendment 13
            Amendment 14
• All persons born or naturalized in the United
  States, and subject to the jurisdiction thereof, are
  citizens of the United States and of the state
  wherein they reside. No state shall make or
  enforce any law which shall abridge the
  privileges or immunities of citizens of the United
  States; nor shall any state deprive any person of
  life, liberty, or property, without due process of
  law; nor deny to any person within its jurisdiction
  the equal protection of the laws.
Amendment 14
           Amendment 15
• The right of citizens of the United States to vote
  shall not be denied or abridged by the United
  States or by any state on account of race, color,
  or previous condition of servitude.
Amendment 15
           Amendment 16
• The Congress shall have power to lay and
  collect taxes on incomes, from whatever source
  derived, without apportionment among the
  several states, and without regard to any census
  or enumeration.
Amendment 16
              Amendment 17
• The Senate of the United States shall be composed of two
  Senators from each state, elected by the people thereof,
  for six years; and each Senator shall have one vote. The
  electors in each state shall have the qualifications requisite
  for electors of the most numerous branch of the state
  legislatures
• When vacancies happen in the representation of any
  state in the Senate, the executive authority of such state
  shall issue writs of election to fill such vacancies: Provided,
  that the legislature of any state may empower the
  executive thereof to make temporary appointments until
  the people fill the vacancies by election as the legislature
  may direct.
Amendment 17
            Amendment 18
• After one year from the ratification of this article
  the manufacture, sale, or transportation of
  intoxicating liquors within, the importation
  thereof into, or the exportation thereof from the
  United States and all territory subject to the
  jurisdiction thereof for beverage purposes is
  hereby prohibited.
Amendment 18
            Amendment 19
• The right of citizens of the United States to vote
  shall not be denied or abridged by the United
  States or by any state on account of sex.
Amendment 19
           Amendment 20
• The terms of the President and Vice President
  shall end at noon on the 20th day of January,
  and the terms of Senators and Representatives at
  noon on the 3d day of January, of the years in
  which such terms would have ended if this
  article had not been ratified; and the terms of
  their successors shall then begin.
• The Congress shall assemble at least once in
  every year, and such meeting shall begin at
  noon on the 3d day of January, unless they shall
  by law appoint a different day.
Amendment 20




    Roosevelt
           Amendment 21
• The eighteenth article of amendment to the
  Constitution of the United States is hereby
  repealed.
Amendment 21
             Amendment 22
• No person shall be elected to the office of the President
  more than twice, and no person who has held the office
  of President, or acted as President, for more than two
  years of a term to which some other person was elected
  President shall be elected to the office of the President
  more than once. But this article shall not apply to any
  person holding the office of President when this article was
  proposed by the Congress, and shall not prevent any
  person who may be holding the office of President, or
  acting as President, during the term within which this
  article becomes operative from holding the office of
  President or acting as President during the remainder of
  such term.
Amendment 22
             Amendment 23
• The District constituting the seat of government of the
  United States shall appoint in such manner as the Congress
  may direct:
• A number of electors of President and Vice President
  equal to the whole number of Senators and
  Representatives in Congress to which the District would be
  entitled if it were a state, but in no event more than the
  least populous state; they shall be in addition to those
  appointed by the states, but they shall be considered, for
  the purposes of the election of President and Vice
  President, to be electors appointed by a state; and they
  shall meet in the District and perform such duties as
  provided by the twelfth article of amendment.
            Amendment 24
• The right of citizens of the United States to vote in
  any primary or other election for President or
  Vice President, for electors for President or Vice
  President, or for Senator or Representative in
  Congress, shall not be denied or abridged by
  the United States or any state by reason of failure
  to pay any poll tax or other tax.
                  Amendment 25
•   In case of the removal of the President from office or of his death or
    resignation, the Vice President shall become President.
•   Whenever there is a vacancy in the office of the Vice President, the
    President shall nominate a Vice President who shall take office upon
    confirmation by a majority vote of both Houses of Congress.
•   Whenever the President transmits to the President pro tempore of the
    Senate and the Speaker of the House of Representatives his written
    declaration that he is unable to discharge the powers and duties of his
    office, and until he transmits to them a written declaration to the
    contrary, such powers and duties shall be discharged by the Vice
    President as Acting President.
•   Whenever the Vice President and a majority of either the principal
    officers of the executive departments or of such other body as Congress
    may by law provide, transmit to the President pro tempore of the Senate
    and the Speaker of the House of Representatives their written declaration
    that the President is unable to discharge the powers and duties of his
    office, the Vice President shall immediately assume the powers and
    duties of the office as Acting President.
Amendment 25




    JFK
           Amendment 26
• The right of citizens of the United States, who are
  18 years of age or older, to vote, shall not be
  denied or abridged by the United States or any
  state on account of age.
           Amendment 27
• No law, varying the compensation for the
  services of the Senators and Representatives,
  shall take effect, until an election of
  Representatives shall have intervened.
  VI. How a Bill Becomes a
            Law
• The steps required for a bill (proposed
  law) to become a law are very specific
  under the Constitution.
• There is a step by step process which
  takes place.
• Some of the steps are outlined in the
  Constitution while some have evolved
  under the rules of the House and Senate.
Beginning in the House




   United States Capitol Building
     Beginning in the House
                • Steps in the House
• Bill is introduced by a member of the House or
  Senate (We will assume it is introduced in the
  House in this example)
• The bill is assigned to the committee in the
  House.
• Hearings are held in committee in the House.
• The bill passes out of committee in the House.
• The bill goes to full House.
• The bill passes full House.
On To The Senate




  Senator Jesse Helms (R-N.C.)
          On To The Senate
                • Steps in The Senate
• The bill is assigned to appropriate committee in
  Senate.
• Hearings are held in the Senate committee.
• The bill is passed out of the Senate committee.
• The bill is sent to full Senate
• The bill passes full Senate.
Reconciliation (Conference
      Committee)




   Current Members of the House and Senate
Reconciliation (Conference
      Committee)
• The bill goes to conference committee
  (conference committee is made up of Senate
  and House members to reconcile differences in
  two versions of bill).
• Bill is debated in Conference Committee.
• Reconciled Bill is passed out of Conference
  Committee.
Back to The Two Houses
   Back to The Two Houses
• Reconciled bill passes both houses (Senate and
  House).
Presidential Action




  President Ronald Reagan
         Presidential Action
• Bill goes to President.
• President either signs or vetoes the bill.
• If the President signs the bill it becomes law.
• If the President vetoes the bill, it goes back to
  congress.
Back To Congress
        Back To Congress
• Congress may override the President’s
  veto by a two thirds vote.
• If Congress overrides veto by two thirds
  vote, the bill becomes a law.
• If Congress fails to muster the 2/3 majority
  needed to override the Presidential veto
  in EITHER house, the bill fails and does NOT
  become law.
       VI. Miscellaneous
• Various and sundry items of
  importance in the Constitution.
              The House
• House Members shall be :
  – 25 Years Old
  – Citizens of the United States for 7 years
  – Resident of the state they represent
• Vacancies shall be filled by special
  election
               The Senate
• Senate Members shall be:
  – 30 Years old
  – Citizen of the United States for 9 years
  – Resident of the State they represent
• Vacancies will be filled by appointment
  by the Governor of their state.
        Rules of Congress
• Each House sets its own rules and
  punishments. A member may be expelled
  by a 2/3 vote of the body he is a member
  of.
• ALL revenue bills MUST start in the House
• All legislators receive immunity from civil
  or criminal suits for anything they say in
  session
                President
• Qualifications
  – 35 Years old
  – Resident of the United States
  – Natural Born Citizen
• President can temporarily appoint
  officials when the Senate is not in session.
The Process of Amendment
• Two methods
  – 2/3 vote in Congress AND 3/4 of the
    states must approve an amendment.
• or
  – 3/4 of the States (Conventions) must
    approve

				
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