Georgia and the American Experience Chapter 14: With Liberty and Justice, the Federal Government Study Presentation ©2005 Clairmont Press

Georgia and the American Experience Section 1: Toward a New Constitution Toward a New ConstitutionToward a New Constitution Section 2: The Legislative Branch of Government The Legislative Branch of GovernmentThe Legislative Branch of Government Section 3: The Executive Branch of Government The Executive Branch of GovernmentThe Executive Branch of Government Section 4: The Judicial Branch of Government The Judicial Branch of GovernmentThe Judicial Branch of Government ©2005 Clairmont Press

Section 1: Toward a New Constitution ESSENTIAL QUESTION : – What were the main elements of the Constitution of 1787?

Section 1: Toward a New Constitution –conservative –infrastructure –republic –proportional representation –Great Compromise –Three-Fifths Compromise –electoral college –sovereignty –Federalists –Antifederalists –electorate –constitutionalism –separation of powers –checks and balances –federalism What words do I need to know?

Toward a New Constitution Articles of Confederation: rules that governed United States after the Revolutionary WarArticles of Confederation Weaknesses of the Articles: –congress could not pay soldiers –states could not be forced to pay –trade between states not regulated –trade with other countries not controlled George Washington and other leaders agreed to gather to discuss the problems

The Constitutional Convention 1787: Constitutional Convention met in Philadelphia Fifty-five representatives attended George Washington presided over the convention Most members well-educated and conservative Delegates knew problems of the weak national government and sought solution

Abraham Baldwin William Few William Houston GA’s three representatives to the Constitutional Convention

A Republican Form of Government Delegates studied many types of government republic: a form of government in which power resides with the citizens who elect representatives to make laws James Madison described a government in which a large number of people voted for the representatives

Organizing Government Large states and small states had different interests Virginia Plan: –strong national government –three branches (legislative, judicial, executive) –legislative branch (House of Representatives and Senate) elected by proportional representation (large states get more votes) Small states did not like Virginia Plan because they could be dominated by large states New Jersey Plan: gave more power to small states, but had a weak national government

The Great Compromise Equal Representation: each state would have equal votes in Congress – favored by small states Great Compromise, or Connecticut Compromise: House of Representative would have proportional representation and Senate equal representation

Compromises on Slavery Slaves were a large part of population in the South Debate as to whether to count slaves in “proportional representation” of House of Representatives Three-Fifths Compromise: States were allowed to count 3 of every 5 slaves in their census for purposes of representation Agreed to stop importing slaves after 1808

Compromise on the Presidency Should citizens or Congress elect the President? Decided on electoral college system: –Each state’s legislature allowed to have as many “electors” as they had members of Congress –State representatives voted for the electors who would vote for President and Vice- President

Ratification ratification: to approve or make valid September 17, 1787: Constitution approvedConstitution Federalists: people who wanted a strong national government Antifederalists: wanted states to have more power than national government By 1791, ten amendments approved – known as The Bill of Rights – to protect citizens’ rights The Bill of Rights Delaware was first state to ratify; Georgia was the fourth state to ratify June 1788 – Constitution ratified by 9 states and becomes the framework for US government

Principles of the U.S. Government 1.Sovereignty: supreme power of government rests with the people electorate (voters) choose leaders to make laws and run the country US is not a “democracy” but a representative democracy or republic 2.Constitutionalism: all representatives are bound by the rules of the Constitution lawmakers cannot just create laws as they see fit 3.Federalism: national government and state governments share power and authority Click to return to Table of Contents.

Section 2: The Legislative Branch of Government ESSENTIAL QUESTION: –What is the role of the legislative branch of government?

Section 2: The Legislative Branch of Government What words do I need to know? –expressed powers –implied powers –elastic clause –bill –veto

The Members of Congress First article of the Constitution described the legislative branch Congress is at the head of this branchCongress Congress is “bicameral” or has two houses: House of Representatives and Senate

The Senate 100 members – two from each state100 members Qualifications: 1.30 years old 2.citizen of US for nine years 3.must be resident of state represented 4.Senators elected by the people (17 th Amendment) 5.six year term 6.one third of senators are up for re-election every two years Vice President of US is president of the Senate – presides over sessions President Pro Tempore, majority leader, minority leader are other senate leaders

House of Representatives 435 members – the number of representatives is based on a state’s population435 members Reapportionment happens every 10 years Georgia has 13 representatives based on the 2000 census Qualifications: 1.25 years old 2.citizen of US for seven years 3.must be resident of state represented 4.two year term Speaker of the House and majority leader are leaders in the House

The Powers of Congress expressed powers: written in the Constitution implied powers: derive from the expressed powers, but not written specifically elastic clause: Article 1, Section 8 stretches the power of Congress to include implied powers House may impeach, but Senate holds impeachment trials House must start revenue bills, but Senate must ratify treaties and confirm presidential appointments

How Congress Operates Most work done in committees; used to organize work of Congress standing committee: monitor federal agencies select committee: deal with specific issues and can be formed at any time conference committee: works out compromises between the House and Senate joint committee: members from House and Senate to deal with a national issue Congressmen sit on several committees subcommittee: part of a larger committee assigned to a particular task Committees do their work through hearings and investigations

How Laws are Made bill: a proposed law Bills must be introduced by a sponsor (Congressman) who will work to get the bill voted into law Subcommittees and Committees will discuss and modify the bill before it is voted on The House and Senate must agree on the bill before it can go to the president to sign or veto If the president signs the bill, it becomes law; if it’s vetoed, it can only become a law if two-thirds of vote of each house of Congress Note: if the president fails to sign or veto within 10 days, the bill becomes law Click to return to Table of Contents.

Section 3: The Executive Branch of Government ESSENTIAL QUESTION – What is the role of the executive branch of government?

The Executive Branch of Government The president has enough power to do the job, but the Constitution keeps him from having too much powerpresident Founding fathers did not want another king In the beginning, the Electoral College had the job of choosing the president

The Electoral College electors: members of the Electoral College chosen from each state Electors vote for the president; citizens vote for electors, not directly for the president 538 electors: number matches the number of senators and representatives from each state The candidate with the most votes in a state gets all the electors Electors are not legally bound to vote for the candidate chosen by the state’s citizens Electors meet in their state’s capitol; votes sent to the president of the Sentate Inauguration Day is January 20 following the election in November

Parts of the Executive Branch President & Vice President Qualifications –35 years old –natural-born citizen –resident of US for 14 years –limited to two consecutive terms (22 nd Amendment) Vice president takes over if president dies, resigns, or is removed from officeVice president Speaker of the House and other leaders in line to take over if vice president cannot take over Executive bureaucracy: Office of the President, Cabinet, independent agencies, regulatory commissions, government corporations

Speaker of the House President pro tempore of the Senate Secretary of State Secretary of Treasury Secretary of Defense Attorney General Secretary of the Interior Secretary of Agriculture Secretary of Commerce Secretary of Labor Secretary of Health and Human Services Secretary of Housing and Urban Development Secretary of Transportation Secretary of Energy Secretary of Education Secretary of Veterans Affairs Secretary of Homeland Security Order of Presidential Succession

Executive Office of the President Leaders serve the president and can be fired at any time Includes: –Office of Management & Budget –National Security Council –Council of Economic Advisors

The Cabinet Members advise the president Serve as heads of the executive departments Members appointed by the president and approved by the Senate Currently 15 members

Independent Agencies Serve public interest and keep government running smoothly EPA: Environmental Protection Agency – example of independent agency, supervises efforts to clean air and water GSA: General Services Administration – oversees spending by the government

Federal Regulatory Commissions Have power to make rules and punish violators Leaders appointed by the president Examples: –FCC: Federal Communications Commission –SEC: Securities & Exchange Commission –FDA: Food & Drug Administration

Government Corporations Established to provide products or services for the American people Examples: –FDIC: Federal Deposit Insurance Corporation – insures bank deposits and protects banking customers –USPS: United States Postal Service Click to return to Table of Contents.

Section 4: The Judicial Branch of Government ESSENTIAL QUESTION –What is the role of the judicial branch of government?

Section 4: The Judicial Branch of Government What words do I need to know? –judicial review

Judicial Branch of Government Supreme Court Lower federal courts a part of this branch Decide the meaning and interpretation of the Constitution and laws Protects citizens from mistreatment by other branches of government

The Supreme Court Highest court in USA Chief justice plus eight associate justices Decides cases involving foreign countries or between states Reviews decisions of lower courts judicial review: ability to set aside actions of the legislative or judicial branch Chief justice presides over impeachments

Dred Scott v. Stanford "... We think they [people of African ancestry] are... not included, and were not intended to be included, under the word "citizens" in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States...." — Chief Justice Roger B. Taney, speaking for the majority

Plessy v. Ferguson "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

Brown v. Board of Education "We conclude that the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal." —Chief Justice Earl Warren

Miranda v. Arizona "... the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." —Chief Justice Earl Warren, speaking for the majority

United States v. Richard Nixon "... Absent a claim of need to protect military, diplomatic, or sensitive national security secrets, we find it difficult to accept the... [absolute] confidentiality of presidential communications." — Chief Justice Warren Burger “

Other Federal Courts Congress established federal circuit court districts Georgia has three district court regions US Court of Appeals for 11 th Circuit is in Atlanta Bankruptcy courts are a part of this system

Special Courts Courts for special purposes Examples: –Tax Court –US Court of Appeals for Armed Forces –US Court of International Trade –US Court of Federal Claims

In Colorado, it is illegal to run over a trout with a car. In the early 1900's, an elephant was actually tried, convicted, and hanged for murdering a politician's daughter during a circus parade. The word "testify" originates from the Roman courts where men were known to swear on their testicles about the truth of the matter unlike our present day Bible system. In Texas, it's illegal to put graffiti on someone else's cow. A monkey was once tried and convicted for smoking a cigarette in South Bend, Indiana. In the coastal provinces of Canada it is illegal to shoot a whale from a moving automobile. Just so you know…

The System of Checks and Balances Constitution keeps the branches of government equally important Sometimes the branches of government do not get along well – conflicts can arise if one branch tries to find a way around another Click to return to Table of Contents.