STRUCTURE & FUNCTION of FEDERALISM

• Federalism, Separation of Power, Checks & Balances

• Legislative Branch - Congress• Executive Branch – President• Judicial Branch – Supreme Court

• NC State Government

• NC Local Government

FEDERALISM, SEPARATION OF POWER, CHECKS & BALANCES

• Federalism – System of Government in which the Federal (National, Central) Government shares power with the states.

Powers… Enumerated (Federal)Reserved (States)Concurrent (Shared by both)

• Separation of Power – Dividing powers between 3 Branches of Government.

Branches…Legislative – Makes LawsExecutive – Enforces Laws Judicial – Interprets Laws

• Checks & Balances – Powers given to each branch over the other 2 branches (checks) to balance the power & protect citizen’s rights.

CHECKS & BALANCES

LEGISLATIVE BRANCH - CONGRESS

CONGRESSIONAL TERMS• 2 Years in Length• Currently the 113th Term of Congress

CONGRESSIONAL SESSIONS• Regular Session – Must Meet once a Year

(January 3 – December)• Special Session – President Calls – Times of

Crisis• Joint Session – State of the Union Address

HOUSE OF REPRESENTATIVESBASIC INFORMATION

• Term Length – 2 Years• Requirements for

Members25 years old7 year US CitizenResident of the

State• 435 Members• Based on State

Population• Changes w/ Census (10

yrs)

VOCABULARY• Census – Population

Count• Constituents – people

who vote in an election• Gerrymandering –

dividing a state into odd-shaped districts for political reasons

SENATE

BASIC INFORMATION• Term Length – 6 years (1/3 every 2 years)• Requirements for Members

30 years old9 year US citizenResident of the State

• 100 members• 2 per state

CONGRESSIONAL LEADERSHOUSE OF

REPRESENTATIVES• Speaker of the House –

Chosen by the majority party• Majority Leader – Leader of

political party with most seats

• Minority Leader – Leader of party with fewer seats

• Majority Whip – From majority party – job is to get majority members to support party legislation.

• Minority Whip – From minority party – job is to get minority members to support party legislation.

SENATE• President – VP of the US• President Pro Tempore –

Usually the most senior member of the majority party

• Majority Leader – Leader of political party with most seats

• Minority Leader – Leader of party with fewer seats

• Majority Whip – From majority party – job is to get majority members to support party legislation.

• Minority Whip – From minority party – job is to get minority members to support party legislation.

Powers of Congress(Money, Trade, & Foreign Policy)

Taxes• Tax Bills – Begin in the House (Why?)• Authorization Bill – Creates a Project.• Appropriations Bill – Provides $ for a

Project.Trade

• Commerce Clause – gives Congress power to regulate foreign & interstate trade.(air traffic, railroads, trucking, radio, television, air pollution, stock market)

Foreign Policy• Powers dealing with other countries.

(declare war, oversee army & navy, approve treaties, regulate trade)

Powers of Congress(Non-Legislative Powers)

• Amending the Constitution – propose 2/3 of Congress

• Counting Electoral Votes – If no 270 – House votes

• Impeachment Process – House Impeach; Senate holds trial (removal/punishment)

• Oversight – Review presidential actions, and how well laws are enforced.

• Investigation – Investigate executive/judicial actions.

Powers Denied to Congress

1. Suspend the Writ of Habeas Corpus

2. Pass a Bill of Attainder

3. Pass an Ex Post Facto Law

4. Tax Exports

HOW A BILL BECOMES A LAW

EXECUTIVE BRANCH BASIC INFORMATION

CONSTITUTIONAL REQUIREMENTS

• 35 years old• Natural Born Citizen• Live in US 14 Years

• TRADITIONAL REQUIREMENTS

• White Males (Except Obama)

• Protestant (Except JFK)• College Educated (Many)

GENERAL• 4 year term• 2 term limit (10 year

maximum) (except FDR)• $400,000 yearly – life

PRESIDENTIAL SUCCESSION

• Vice-President• Speaker of the House• President Pro Tempore• Cabinet Members

ELECTORAL COLLEGE

• Purpose – Officially Elects the President & Vice-President

NUMBERS• 538 Total• 270 to win• Each State – Equal to total members in Congress• Winner Take All – Majority of Votes in a State – Takes

all Electoral Votes. (Except 2 States)

ROLES & POWERS OF THE PRESIDENT

Chief Executive• Enforce laws passed by

Congress• Issue Executive Orders• Create Budget

Commander-in-Chief• Head of Armed Forces• Call out troops• War Powers Act – report to

Congress within 60 days

Chief Diplomat• Enter into Treaties• Make Executive

Agreements• Appoint Ambassadors

Chief of State• Meet with foreign

dignitaries• Throw out first baseball• Easter Egg Hunt• Symbolic Leader

Economic Leader• Prepare the Federal

Budget

Legislative Leader• Introduce legislation • State of the Union

Address

Party Leader• Lead political party• Support members

running for office

Foreign PolicyNation’s overall plan for dealing with other

countries

Goals of Foreign Policy• National Security – ability to keep nation

safe from attack

• International Trade - provide markets to sell goods

• Promote World Peace

• Promote Democracy

Foreign PolicyNation’s overall plan for dealing with other

countriesExecutive Agencies & Departments• Department of State• Department of Defense• CIA• National Security Council

Foreign Policy Vocabulary• Treaty – formal agreement between two or more

nations. President enters into treaties, must be approved by Senate.

• Executive Agreement – agreement between President and the leader of another country.

• Ambassador – appointed by President to represent US in another country.

• Foreign Aid – money, food, or military assistance given to another country.

• Limitations – Trade Sanctions & Embargoes

IMPEACHMENT PROCESS• Impeachment – The process of bringing formal charges

against a public official. According to the Constitution, any public official, including the president, can be impeached and removed from office for treason, bribery, or serious misconduct.

2 Steps of the Impeachment Process1. House of Representatives – must pass by a majority vote

the “Articles of Impeachment”.2. Senate – Chief Justice of the Supreme Court presides

over the Senate acting as a court. A 2/3 vote of Senators is required to remove an official from public office.

3 Historical Examples3. Andrew Johnson (Tenure of Office Act) Impeached, not

removed4. Richard Nixon (Watergate Scandal) Resigned before

Impeachment5. Bill Clinton (Perjury) Impeached, not removed

JUDICIAL BRANCH BASIC INFORMATION

Types of Cases• Civil – involves a lawsuit filed (plaintiff), and

(defendant) court decides responsibility• Criminal – involves a crime committed. (Plaintiff =

government) v. (defendant = accused)Judges

• Appointed by the President• Approved by 2/3 of the Senate• Serve Life Terms

JURISDICTION

• Jurisdiction – a court’s authority to hear a case

4 Types of Jurisdiction1. Original Jurisdiction – a court’s authority to hear a

case first.2. Appellate Jurisdiction – a court’s authority to hear

appeals.3. Exclusive Jurisdiction – federal courts have

authority to hear cases.4. Concurrent Jurisdiction – both state and federal

courts can hear cases.

US DISTRICT COURTS

Jurisdiction• 94 Courts in the US – At least One in every State• Original Jurisdiction – Hear Cases first• Types of Cases – Civil, Criminal• People Involved – Judge, 12 Jurors, Plaintiff,

Defendant• Decisions – Responsible, Not Responsible, Innocent,

Guilty• Responsible or Guilty – Have Right to Appeal

US CIRCUIT COURTS

• 12 Courts Nationwide + 1 Federal Circuit• Appellate Jurisdiction – Hear appeals from District

Court• Types of Cases – Criminal & Civil• People Involved – 3 Judges, Plaintiff, Defendant• Decisions – Uphold, Overturn, Remand• Uphold – May appeal to the Supreme Court

US SUPREME COURT

• 1 Supreme Court• Jurisdiction – Original, Appellate• Types of Cases – Disputes between states, involving

ambassadors, admiralty/maritime law, appeals dealing with Constitutional Issues

• People Involved – 9 Supreme Court Justices, Plaintiff, Defendant

• Decisions – Uphold, Overturn, Remand• Written Opinions – Majority, Concurring, Dissenting

NC State ConstitutionState & Federal Government Similarities

- Preamble - State Powers- Bill of Rights - Gov Responsibilities

- Framework of Gov - Provision for Local Gov- 3 Branches of Gov - Amendment Process

Constitutional Principles- Popular Sovereignty - Separation of Power- Checks & Balances - Amendment (flexibility)

NC Constitution• Constitution of 1776 – created a bicameral legislature,

executive headed by governor and a Council of State, and a court system.

• Constitution of 1868 – US Congress required all former Confederate States to rewrite Constitution. All men 21 years or older could vote, regardless of race.

• Constitution of 1971 – Freedom of Speech and equal protection added.

NC General Assembly (Legislative Branch)

LEGISLATIVE BRANCH – General Assembly – Make the LawStatute – a law passed by the state government.

House of RepresentativesSenateMembers 120 50Term Length 2 years 2 yearsQualifications 21 years old 25 years old

district 1 year 2 years in NC district 1 year

Legislative Sessions – odd # years = long session – January to June.even # years = short session – begins in May and lasts 6 weeks. Governor may also call special sessions.

Law Making Process – very similar to US Congress. Override veto only requires 60% of both houses.

NC Executive Branch

EXECUTIVE BRANCHGovernor – Enforce the Law

Term Length – 4 Years – 2 consecutive term limitQualifications – 30 years old, live in US 5 years, live in NC 2

years

Lieutenant GovernorTerm Length – 4 YearsQualifications – 30 years old, live in US 5 years, live in NC 2

yearsDuties - President of the Senate, serves on various boards &

commissions.

Executive DepartmentsCabinet – 10 members appointed by the governorCouncil of State – 8 members elected by the people of NC.

Operate independently of the Governor.

JUDICIAL BRANCH Interpret the Law

District Court – civil cases < $10,000; misdemeanors, domestic, juveniles – judges elected 4 year terms

Superior Court – civil cases> $10,000; felonies, appeals of misdemeanors – judges elected 8 year terms

Court of Appeals – 3 judges per case; appeals except the death penalty – judges elected 8 year terms

Supreme Court – 7 justices; appeals – first appeal of death penalty – judges elected 8 year terms

Landmark Court DecisionsBayard v. Singleton (1787) – family property seized by state

law for being a loyalist. Appeals court ruled law unconstitutional (judicial review – state gov)

Leandro Case (1997) – ruled that the state constitution does not require equal funding of education.

NC Judicial Branch

GOVERNMENT FINANCESState Budget Process

Fiscal Year – (July 1 – June 30)Budget – Begins July 1 of odd-numbered year – June 30

of next odd-numbered year.Revenue - $ the state government has to operate.

(Taxes, fees, etc…)Expenditures - $ the state government will spend on

programs.Balanced Budget – Expenditures = Revenue

Governor – prepares budget for two fiscal years. General Assembly – must pass the budget. Propose

ways to raise revenue & cut expenditures. Often they do not pass budget by July 1.

LOCAL GOVERNMENT• Types of Local Government – County & Municipality

• Municipality – a city, town, or village with an organized government and the authority to make and enforce laws. (State General Assembly grants charter)

• Ordinance – a law passed by a local government.

• Zoning – designating different areas of land for different uses.

1. residential – housing2. commercial – business (retail, etc…)3. industrial – factories

• Annexation – incorporating land into a municipality.

COUNTY GOVERNMENTCounty Government

County Commissioners – voters elect commissioners (3-11). Chairperson – may be elected or chosen by commissioners.

County Commissioners are responsible for the following…

• Hire administrators for education, elections, mental health, public health, social services, alcoholic beverage control, and soil and water conservation.

County Manager – Hired by the County Commissioners. Responsible for budget.

LEA – Local Education Authority• Voters elect a school board to carry out state

education policy.

MUNICIPAL GOVERNMENTMunicipality Government

• Each municipality elects a governing board. (City Council, Town Council, Board of Commissioners, Board of Alderman)

• Elections (At Large, by Ward, or Mixture)• Pass Ordinances – municipal policies, approve

budgets, set municipal tax rates, regulate what people can do in the municipality.

Mayor-Council Plan• Usually elected, not always. In this system the

mayor serves as the executive. Carries out policies, budget, etc…

Council-Manager Plan• Governing board hires a professional called a

“manager”, to carry out policies. This is how Kernersville, W-S, etc… operate.

GOVERNMENT FINANCESLocal Government Budget

• Expenditures utilities (water, sewage) public safetypublic schools public healthmental healthsocial services

• Revenues user Fees (water, sewage)property taxintergovernmental revenue

• C&G.2• 2.1 Distinguish between the structures of the branches of

government and the levels of government in the United States.  In your response indicate three differences between them.

• 2.2 Compare and contrast two roles of North Carolina state and local government in the lives of citizens.

2.3  "The object of the [Fourteenth] Amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in

the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished

from political, equality, or a commingling of the two races upon terms unsatisfactory to either." —Justice Henry Billings Brown,

speaking for the majority in Plessy v FergusonWe conclude that, in the field of public education, the doctrine of

"separate but equal" has no place. Separate educational facilities are inherently unequal.

Majority Opinion Brown v Board of Education of Topeka Kansas 1954

Critique how Plessy vs Ferguson and Brown vs Board of Education demonstrate the concept of a “living constitution”, utilize the

excerpts from the court documents provided.  In your response, discuss two differences.