Executive Branch: Constitutional Requirements for ________________
• At least ____ years old
• ___________--__________ American • Resident of the U.S. for at least _____ years Former Unofficial “Requirements” (until 2008 election):
• White, protestant, and male
• All presidents have been protestant Christians, except Kennedy (Catholic) Electing the President
• Elections for president - Every _____ ______________ Death Cycle of Presidents Elected in Years Ending in Zero
• In 1840, the presidential death cycle foretold by Shawnee Chief, Tecumseh, began. • Every sitting President elected in a year ending in zero died in office, except for
President Reagan, who survived a serious assassination attempt, and George W. Bush. • Harrison, Lincoln, Garfield, McKinley, Harding, Roosevelt, Kennedy, Reagan (a near
miss).
_______________ College
• _____________ ____________ for electing president
• # electoral votes for each state = total # state’s seats in ___________ (Senate & HOR)
• Voting for a candidate = voting for ________________ who are “pledged” to that candidate.
• There are 538 Electors (per political party, nationwide) 435 members of HOR
100 members of U.S. Senate
+ 3 reps for Washington, D.C. (they have no votes in HOR or Senate) 538 (Total Electoral Votes nationwide)
• Winner of presidential election must have ½ plus at least one of all electoral votes (= at least 270 EV’s)
• 538 electors total
• ______________ - ___________ - ___________System
– Even if candidate wins popular vote just one vote in a state, he still gets ALL of that state’s electoral votes
• States with big _______________ get more electoral votes
• To win the election, candidate must win at least _______ (out of 538 total) electoral votes.
Presidential _________
• $____________ annual salary • Lives in __________ ____________
– Security provided by Secret Service for life – Private theater
– Gym
– Bowling Alley – Heated Pool
– Use of Air Force One _________ Amendment
• Makes provisions for presidential _____________ _________ of the __________
• Follows the V.P. in succession to the presidency. Essential Questions
• 1) How have the roles of president changed since George Washington was president? • 2) Does the executive branch have a more direct impact on your life than the other
branches of government? Why or why not?
• 3) What is the function of the executive branch (president and all of the executive agencies)
Powers, Duties, & Roles of the President _________ ______________ of U.S. • Highest office of federal government
• Leads the _____________ branch in ____________ _____ _______ __________.
• Issues executive orders – a rule or ___________ from the president • President can bypass Congress by making an Executive Order
– Has the force of law. Chief _______________
• Can _______ or accept proposed laws
• Suggests laws to Congress he wants to see passed – Ex: Patriot Act
Can Issue:
• ____________:
– Delay a person’s punishment until a higher court can hear the case. • ____________
– Pardon for a group of people • ___________
Chief _____________
• Foreign Policy – Nation’s overall plan for dealing with other nations • Pres. directs foreign policy for the nation
– Treaties, etc.
Acts as ________ ____ _____________ • Represents the U.S. at public events
• Gives annual __________ ____ _____ ___________ to Congress – Issues facing the nation
– Laws he wants Congress to pass Commander in Chief of ______ ________________
• Only ______________ can declare war, but only the president can order troops into battle
• After Vietnam, Congress passed the War Powers Resolution. Says the president must notify Congress within 48 hours of sending troops into battle
Wars “officially” declared by Congress include:
War of 1812 (against England 1812-1814)
Mexican-American War (1846-1848)
Spanish-American War (April to Dec., 1898)
World War I (U.S. involvement from 1917-1918. It actually began in 1914)
World War II (1941 – 1945) President = _____________ ____________
• Federal budget is clearest statement of the administration’s plans & goals for the next year.
Political ____________ _____________
• Helps members of his political party get elected to office
• Appoints political party members to powerful jobs in federal government, like cabinet positions
The President & ___________ _____________ ___________ of Foreign Policy
• Keep the nation safe • International Trade • Promoting World Peace
• Promoting democracy in other countries
– The idea is that promoting democracy around the world encourages peace, so it helps protect our own national security.
• Central Intelligence Agency (CIA)
• National __________ ____________ (NSC)
– Advises president on national security & foreign policy Foreign Policy – Who Controls It?
• _______________ does not spell out how Congress & President can use their powers in foreign policy
• Result: Competition between ________________ & _____________ branches to control foreign policy.
• Control has alternated between the legislative & executive branches over time. – After WWII, Congress lost a great deal of power, and the presidency gained
a great deal of power
– After Vietnam, Congress got quite a bit of power back b/c so many Americans were unhappy about how the war was conducted.
War on Terror
– Since onset of the “War on Terror,” the balance has tipped back toward the president.
• Office of _______________ ________________ • Warrantless Wiretapping
• Holding of suspected terrorists without due process • The Patriot Act
• Limits on right to privacy (implied in the 9th Amdt.) – Searching of phone, Internet, and library records, etc.
Foreign Policy ____________
• Ways for U.S. government to influence other nations and carry out foreign policy – Treaties
– Appoint _____________ to other nations – Direct foreign aid ($$ to countries in need) – Int’l. Trade
– Military Force ____________
• Formal agreement between 2 or more nations
• 2/3 of __________ must approve treaties made by president (another example of checks & balances)
There are Different Types of Treaties
• ______________ Treaties – When two or more nations agree to support each other in case one is attacked
NATO
– One of the most important treaties ever signed
– Mutual defense treaty between the U.S., Canada, and the European nations – Came about after the horrors of WWII when
Nazi Germany nearly took over all of Europe Executive ______________
• President can bypass ____________ ___________ for treaty by making an Executive Agreement w/ leader of another country
– Agreement between the pres. and the leader of another country – Usually involves routine matters
Appointing Ambassadors
• __________________ – An official representative of a country’s government • President appoints & ____________ must approve
• Ambassadors are only sent to nations where the governments there are officially “recognized” by the U.S. government
Foreign _________
• Money, food, military help, or other supplies given to a country in need International ____________
Trade __________________
• Efforts to ____________ another nation by imposing trade ____________
Embargo
• An agreement among a group of nations that prohibits them all from _____________ with a target nation
• As a result of the Arab-Israeli War of 1973, OPEC (Organization of Petroleum Exporting Countries) imposed an embargo on oil shipments to the United States and other industrial nations in the winter of 1973 and 1974.
Presidential Advisers and Executive Agencies
• Job of Advisors & Executive Agencies: Help president carry out the laws passed by Congress
EOP – Executive Office of the ______________ • About 2,000 employees
• Specialists, secretaries and clerks who help the president do his job • Prepare reports, write legislation for the pres. to submit to Congress • Oversee work of various agencies of executive branch
• Office of Management and __________ (OMB) • National Security Council (NSC)
• Office of Administration
• Council of _____________ ____________ (CEA) White House Office
• 10-12 advisers to the president • Chief of Staff
• Staff screens who can see the president Office of Management and Budget
• Prepares the _____________ ____________ for the president • Monitors spending in government agencies
National Security Council (NSC)
• Help the president coordinate U.S. military and foreign policy • Oversees the CIA
• Members include the Pres., Vice Pres., Secretary of State, Sec. of Defense, Chairman of the Joint Chiefs of Staff (top leaders of each military branch) Office of Administration
• Secretaries and clerks for all executive branch offices Council of Economic Advisers
• 3 members
• Approved by the _____________
• Advise the president on economic matters like inflation, taxes, etc. Presidential Cabinet
• Group of ____________ to the president
• Directors (called “secretaries”) of the 13 top level executive agencies • Part of our “unwritten” ________________
– Not found in Constitution, but crucial part of our govt. and the presidency The ________________
• Heads of these departments are called “________________” – Sec. of Agriculture, Sec. of State, Sec. of Defense, etc.
• Dept. of Homeland Security – Newest executive department now includes – Citizenship and Immigration Services (USCIS)
– Customs and Border Protection (CBP)
– FEMA, Federal Emergency Management Agency – Immigration and Customs Enforcement (ICE) – Transportation Security Administration (TSA) – U.S. Coast Guard
– Office of Inspector General Short List of Major Federal Executive Agencies
• Executive Office of the President • President Barack Obama • First Lady Michelle Obama • Vice President Joe Biden • Dr. Jill Biden
• The White House Home Page • The President's Cabinet • Executive Departments
• Department of Agriculture (USDA) • Department of Commerce (DOC) • Department of Defense (DOD) • Department of Education (ED) • Department of Energy (DOE)
• Department of Health and Human Services (HHS) • Department of Homeland Security (DHS)
• Department of Housing and Urban Development (HUD) • Department of Justice (DOJ)
• Department of Labor (DOL) • Department of State (DOS) • Department of the Interior (DOI) • Department of the Treasury
• Department of Transportation (DOT) • Department of Veterans Affairs (VA)
• Independent Agencies and Government Corporations • Independent Agencies and Government Corporations • Boards, Commissions and Committees
• Boards, Commissions, and Committees • Federal Advisory Committees
• Quasi-Official Agencies
• Quasi-Official Agencies
The __________ President and ____________ ___________
• V.P.’s usually have very little authority, but some presidents allow their V.P. to advise them in certain areas
– Al Gore advised Pres. Clinton on environmental issues – Dick Cheney advices Pres. Bush on foreign policy • First Lady – Often advocate for specific causes
– Michelle Obama plans to focus on fighting poverty and education Federal ________________
Job of the Federal Bureaucracy
• To make sure the _______ passed by Congress are _______________ ________ • Deliver mail, collect taxes, send out social security checks, patrol borders, run
national parks, etc. • Regulate public services
_______________ Agencies of the Executive Branch
• Government Corporations – Private businesses, but they are owned by the government, like the U.S. Postal Service
• Not part of the cabinet
• Executive Agencies – Like NASA. These deal with certain specialized areas within the government
Regulatory Boards and Commissions • Supposed to protect the public
• They make and enforce rules for certain industries and groups
– FCC – Federal Communications Commission makes rules for television and radio
Government Workers
• Political appointees – president gives them their jobs • They usually lose their jobs when a new pres. is elected Civil Service Workers
• Workers are hired based on ___________
• Must pass competitive exams that are open to anyone to get hired
Article ___ of the Constitution Makes laws
__________ (2 houses)
____________________
Membership based on a state’s population ____ total members
Senate
2 members from each state ____ total members
Qualifications
____________________ At least ___ years old
Live in the state you represent
Some states say you must live in that district too
Most states you must live there a year before the election Been a US citizen for at least __ years
Senate
At least __ years old
Live in the state you represent
Most states you must live there a year before the election (Former Sen. Elizabeth Dole)
Been a US citizen for at least ___ years Privileges
Salary- __________ a year Free office space/parking Free trips to home state
__________ Privilege- can send job related mail without paying for stamps Low cost health insurance
Use of special facilities: gyms, restaurants, medical clinics, etc. ________ (legal protection) in certain situations
Congressional Leadership
____________ Party- more than ½ members of HofR/Senate belong to the political party
___________ Party- less than ½ the members of HofR/Senate belong to the political party
Floor Leaders
Majority Floor Leader- chosen as leader by the _______ political party Minority Floor Leader- chosen as leader by the _______ political party _____
Minority Whip- helps pass legislation for Minority Floor Leader H.O.R. Leadership
______________- leader of the HoR, chosen by members of the majority party Has a _______ amount of power!
Steers _________ through the HoR Leads floor debates
Next in line if ____ and ___P die Senate Leadership
__________ of the US is President of the Senate Technical leader, but doesn’t do much Only votes in case of a tie
___________- leader of the Senate, chosen by members of the majority party Day to day leader of the Senate
Not as powerful as Speaker of the House Committees
Congress must consider thousands of bills during a yearlong session
To make it possible for so many bills to pass, Congress has ____________ ________ Committees- permanent committees always in Congress
Ex: Agriculture, Budget, Transportation
____________- formed for a limited amount of time to deal with special issues Ex: Security, Terrorism, Gulf Oil Spill
_______ Committees- formed with members from both HoR and Senate Ex: Taxation
Congress at Work
Representing ____________
Acting on their interest and concerns in Washington
Bring federal government projects and money to their district
Pork Barrel Projects- government projects/grants that primarily benefit their home district
__________
Passing legislation/laws __________
If necessary, help constituents solve problems with the federal government Membership
____ members
Serve 2 year terms before up for reelection Membership adjusted for states every __ years Census- official population count every __ years Districts
Members represent people from their district in their home state __________- people represented
NC has ___ districts
NC had 12 districts– but gained a new district with the _____ census Had to make a new district so they made the 13th district with Greensboro,
Northern NC, and Raleigh (since these areas had the highest gains in population which added the new seat)
Gerrymander
___________ - nickname given to an oddly shaped district
Gerrymander is not suppose to happen, and there are laws to prevent it Why would people want to create odd shaped districts?
Senate Membership
____ members __ from each state
Serve for ___ year terms before up for reelection Senator elections are staggered
___ of all Senators are up for reelection every 2 years Governor appoints a fill in if a Senator dies/resigns
Legislative Powers
Non-legislative Powers
Taxing and Spending
(________________ ) bills
•
Tax bills start in the
___________________________
•
President makes ______________
•
____________________ approves
Proposing ____________
- Congressional action
o
Proposal =
______________________________
o
Ratification =
______________________________
Counting ____________________________
Regulating _______________________
and ______________________ commerce
Addressing presidential
___________________________________
issues
Declaring ________________
•
__________________ declares war
•
__________________ orders
troops into battle
Approving/rejecting
__________________________________
–
Senate
Creating and maintaining an
____________________________ and
____________________________
Impeaching
•
___________________________ =
begins proceedings
•
___________________________ =
acts as a jury
Approving _________________________
•
_______________________ makes
•
_____________________ approves
__________________________________
–
Watchdog
POWERS DENIED TO CONGRESS
Cannot pass laws that violate the _____________________________
Cannot suspend the _______________________________________
•
Police have to bring prisoner to _________________ and
____________________ why they are holding him.
Prohibited from passing ______________________________________
•
Laws that punish a person without a _________________________
No _________________________________________________
•
Laws that make an act a crime ________________________
Checks and balances
•
_________________________ determines constitutionality of laws
•
_________________________ can veto bills
•
Can only ________________________________ laws with a
_____________ vote in both houses.
Bill To Law
Introduction:
• Ideas for bills come from ______________ ____________________________________ ____________________________________ ____________________________________
• Bills may only be introduced/sponsored by ______________________________.
– Appropriations bills must start in the _________.
• Bills are drafted and given a number. Committee Action
• Bill is sent to the appropriate ____________________________.
– May also be sent to subcommittee
• Committees _______________, _____________, and _________ bills
• Choices:
– ___________________________
– ___________________________
– ___________________________ Floor Debate
• Bill debated in ______________________ ____________________________________.
• ____________________ rules for debate in the House of Representatives.
• ______________ rules for debate in the Senate.
– _____________________
– _____________________
Conference Committees
• _________________________ made up of members from both houses.
• Job: Create a ______________ version of revised bills.
• ______________________ must agree on changes. Presidential Action
• Approval:
– __________ bill into law
– Bill becomes law without signature
• Keeps bill for 10 days, Congress IN session
• Rejection:
– ____________________
– ____________________
Supreme Court Cases Notes
Marbury v. _______
• Established principle of _____________.
– Supreme Court has authority to review/rule on actions of other 2 govt. branches
– Can say if a law is ______________ _________ v. Arizona
• Police must inform suspects of legal rights
• Strengthened ____ Amdt. right against self-incrimination
• Long term effect: Anyone being arrested must be read the “_______ Warning” – You have the right to remain silent. Anything you say can and will be used
against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?
Tinker v. Des Moines
• Strengthened ____ Amdt. rights of students
– High school students wearing armbands to protest Vietnam War • Schools can only limit student expression for valid reasons
Texas v. Johnson
• Flag-burning falls under protection of 1st Amdt. right to ________. Engel v. Vitale
• Banned _______ in nation’s public schools
– 1st Amdt. prohibits govt. from establishing a _________. Regents of the Univ. of Calif. v. _______
• Supreme Court upheld affirmative action
– Based on 1___ Amdt. equal protection clause
– Race can be used as criterion for college admission, but not racial quotas _______ v. Georgia
• Strengthened the ____ Amdt. (no cruel and unusual punishment)
– States were applying death penalty inconsistently - based on race (more likely to get death penalty if defendant was black)
– Long Term Effects:
• Required states to write guidelines for when death penalty should apply
• Also, no death penalty for ____ Greg v. Georgia
Gideon v. ___________ • __th Amendment
• All accused persons are entitled to a lawyer
– States must provide lawyers if conviction may result in prison time ____ v. Ohio
• Evidence that is obtained illegally cannot be used in court
• Strengthened ___ Amdt. protection (no unreasonable search & seizure) Hazelwood v. __________
• School officials can censor school newspapers, etc. • Weakened ___ Amdt. rights of students
Bethel School District v. ________
• Fraser punished for giving ____________ speech at school – School officials can censor student speech
– Weakened students’ 1st Amdt. rights State of N.C. v. _____
• NC Supreme Court decided slaves were property of their owners • Slave owners could not be convicted for assaulting slaves
• Court based decision on state const., not whether it was ______ Plessy v. Ferguson
• Established principle of “_________________” • Made segregation legal
Brown v. Board of Education of Topeka, Kansas • Overturned _______________
• Supreme Court ordered desegregation of public schools • Separate schools based on race is inherently unequal _________ Case
• N.C. Supreme Court case
• All N.C. children have a right to “______________ to receive a sound, basic education”
• Suit was filed by poorer, mostly African American counties Swann v. ______________ (1971)
• U.S. Supr. Ct.
• Extended Brown v. Board of Education decision
• NC was forced to dismantle “de jure” (by law) segregation in school
_________ v. U.S. (1944)
• Japanese-Americans held in interment camps during WWII
• Supreme Court said the need to protect U.S. from spies outweighed rights of ______________.
• Citizens’ rights may be taken away in times of national crisis • Mr. Korematsu’s conviction was overturned in ______
• Since then, money has been paid to Japanese Americans who were affected by the imprisonment
_______________ v. U.S. (1964)
• Heart of Atlanta Motel in Atlanta refused to accept Black Americans in violation of Civil Rights Act of _______
– Did Congress, in passing Title II of the 1964 Civil Rights Act, exceed its Commerce Clause powers by depriving motels, such as the Heart of Atlanta, of the right to choose their own customers?
• Decision
– Supreme Court said the Commerce Clause of ___________ of the Constitution allows Congress to pass such laws
– Places that serve the public have no "right" to select guests as they saw fit McCulloch v _______________ (1819)
• Issue: Did the state of Maryland have the right to tax a federal institution (the U.S. Bank) located in its state?
• Verdict
– The states could not tax the federal government – Upheld the idea of ____________ of the Constitution
– State actions may not impede Congress from anything that’s “necessary and proper” to carrying out duties listed in the Constitution (like managing federal funds).
Gibbons v Ogden (1824) • Issue
– Gibbons had a license to run a ferry service from U.S. government. Ogden got an injunction from state of N.Y. to make Gibbon stop.
– Does _____________ have control over interstate commerce? Can a state law interfere with this power of Congress?
• Verdict
– Injunction against Gibbons was ______________ • Impact
– The Commerce Clause of U.S. Const. gives Congress power to regulate interstate commerce
N.J. v. TLO • Facts:
• Question:
– Did the principal’s search of student’s belongings at school violate the ____________.
• Decision:
– Probable cause is not needed in school searches. Principal must only have “reasonable suspicion” and doesn’t need a search warrant.
Schenk v. U.S. (1919)
• Schenk was arrested for protesting military draft during WWI • Decision:
• Speech that presents “_______________” to society is not protected by the 1st Amdt.
Escobedo v. Illinois • Facts:
– ________ arrested for murder – Asked for ________, but was denied – Confessed to crime & was convicted • Decision:
– Conviction overturned.
– Suspects have right to attorney when arrested Chief Justice Earl Warren
• During his time as C.J., Supreme Court was called “activist court” b/c of expansion of rights of accused
• Served from 1953 - 1969 – Mapp v. Ohio – Esobedo v. Illinois – Miranda v. Arizona – Gideon v. Wainwright
• All cases during Warren’s tenure as C.J. Gitlow v. New York ( )
• Gitlow, a socialist, was arrested with violating N.Y. law against advocating overthrow of the govt.
– Published a Socialist pamphlet • Decision:
– Supreme Court overturned the conviction
– States cannot violate _____________ b/c of the 14th Amdt. due process clause
DeJonge v. Oregon (1937) • Facts:
• Decision:
– Supreme Court said _________. due process clause applied to 1st Amdt. right to freedom of assembly
_________ v. Ohio (1969) • Facts:
– Brandenberg was in _____ & made a speech promising “vengeance” against blacks & Jews
– Arrested for violating Ohio law against advocating violence • Decision:
– State cannot punish free speech unless it presents imminent danger of violence
___________
• Issue: Can states make laws banning abortion
