2 Lesson 11What questions did the Framers consider in designing the three branches of the national government?Objective: Explain the role of each of the three branches and describe how the Constitution organizes them. Explain how and why the system of checks and balances contributes to limited government.
3 What did the delegates think about the balance of power among branches of government? British:Imbalance of power leads to tyrannyCrown used exclusive powers to practice nepotismOne person could hold more than one officeStates:Created weak executivesExecutives unable to check powers of legislatureLegislatures were passing laws that violated basic rightsConstitutional government created a system with balanced powers- separated powers– check and balances.
4 What did the delegates think about legislative power, and what questions did organizing the legislative branch raise?Congress:“deliberative body” – thoroughly debating issues and avoiding hasty decisions.Bicameral body- more difficult to pass laws (weakens the ‘whim’ of popular majorities)Locke: power to make laws is the greatest power of a gov’tMembers of Congress CANNOT hold another national office while serving in the HOR or Senate.
5 VA Plan- would have given congress plenary powers What did the delegates think about legislative power, and what questions did organizing the legislative branch raise?VA Plan- would have given congress plenary powersNJ Plan- more strictly defined powersGreat Compromise-Enumerated powersArticle 1, Section 8Article 1, Section 8, Clause 18 – necessary and proper
6 Framers idea of executive: What did the delegates think about the executive power, and what questions did organizing the executive branch raise?Framers idea of executive:Enough power and independence to fulfill the responsibilityAble to act quickly- common defense, public peace, and international relationsNot TOO much power that it could be abused
7 Should there be more than one executive? What did the delegates think about the executive power, and what questions did organizing the executive branch raise?Should there be more than one executive?Less likely to become tyrannical if pluralSingle- avoid conflict of equal leadersEasier for Congress to keep an eye on oneHow long in office?7 years was suggested4 years seemed bestReelection?7 years– only one term4 years- unlimited terms
8 How should the President be selected? What did the delegates think about the executive power, and what questions did organizing the executive branch raise?How should the President be selected?Rejected direct election- people in a large country are unable to know who is bestRejected congress choosing- congress should not be able to manipulate the presidentSolution: Electoral College
9 Electoral College State legislature picks electors # for each state: # of HOR + # of senatorsEach elector votes for 2 people- one must not be from the elector’s stateIf top 2 candidates tie or neither has a majority it goes to the HOR to decide where each state gets one vote.They knew Washington would win first. They thought that after that, no one would get a majority and that it would always go to the house. Did this happen?
12 What did they delegates think about judicial power, and what questions did organizing the judicial branch raise?Need a nat’l court to enforce lawsAppointed by President and confirmed by SenateAll criminal trial- by juryCreated Supreme Court and power to create lower courts goes to congressJudges would be independent of politicsOffice for life during “good behavior”Loose office for only treason, bribery or other high crimesPower to decide conflicts between state gov’ts and conflicts involving the nat’l gov’t
13 How are powers divided and shared among the three branches? Shared- make treaties, appoint cabinet members and ambassadorsVeto- president veto congress. Congress veto president with 2/3 both house overrideAppointments- nominated by president, approved by SenateTreaties- President negotiates- 2/3 Senate approvalWar- President is Commander in Chief, but only Congress can declare war and control the money necessary to wage war.
14 How are powers divided and shared among the three branches? Impeachment- congress has power to impeach presidents, members of executive branch and federal judges.Treason, bribery or other high crimesOnly HOR can impeachSenate – hears the trial- if convicted by 2/3 Senate- removal from officeJudicial Review- Constitution does not say that the courts can declare laws unconstitutional. Framers assumed the courts would have this power.Power created under Marbury v. Madison under the Marshall Court.
15 Finishing up! Reflection on Learning: Write two things that you learned today.Write one thing that you already knew.Write one thing that you would like to know more about.