1. Designing the National Government
Lesson 11

2. Lesson Objectives
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.
Evaluate, take and defend positions on how the President of the United States should be elected and issues relating to the appointment and services of the Supreme Court.

3. Balancing the power Worried about tyranny
British allowed an upset between power of Crown and Parliament
Created governments with weak executives
Created governments where the executive could not check the legislative
Violation of basic rights
Challenge of how to create a government of shared powers
Checks and balances

4. Legislative Power Congress should be a deliberative body
Locke: power to pass laws is one of the greatest powers a government possesses.
Prevent corruption
Cannot hold another national office while serving
Virginia Plan: plenary – unlimited undefined powers – veto over state laws.
New Jersey Plan – more strictly defined powers
Great Compromise – enumerated powers
Article I, sect. 8 Necessary and Proper Clause

5. Organizing the Executive Branch
Found the executive position/branch necessary
Foreign affairs
Management of the treasury
Knew the executive would need enough power to do their job
Common defense
Preserve public peace
International relations
No one came with a plan – Key matters to decide
More than one executive?
One – easier to monitor
Many – harder to establish tyranny
Length of term
7 Years?
Committee on Postponed Matters – 4 years ( Article II, section 1)
Reelection?
Limits?

6. Selection of the President
The group that selects the President – power
Could it be used to benefit some, not others?
Direct Election
Rejected
Believed people may not know the best candidate
“Trial of colors to a blind man” George Mason
Small states would have disadvantage
Large states would not agree on the same candidate
Indirect would lead to self serving cliques
Who should select the president?
Congress -- State Legislatures -- Governors
Committee on Proposed Matters
Compromise: Article II, Sect. 2, 3 and 4
Electoral College

7. Electoral College Organized once every 4 years
State would select electors – in manner of their choice
Senators + Representatives
Each elector would vote for 2 people – one had to be a resident of a state other than the elector’s state.
Majority of elector votes became President
Next highest votes became Vice President
Tie: House would select President
Senate would select Vice President
Expectation Washington would be President
Would there be another of character to fill the position?
Belief the House would be selecting future US Presidents

8. Judicial Power Interpreting the law
Complete the system of separation of powers
Appointed by the President
Confirmed by the Senate
Supreme Court : Head of judiciary system
Create lower federal courts
Article II, Section 1
Independent of Politics
Serve “during good behavior”
Impeachment : treason, bribery, other high crimes; misdemeanors

9. Shared Powers Shared – spread among the branches
Treaties, appoint cabinet, ambassadors
Veto: President can veto a bill passed by Congress Art. I; Sect. 7
2/3 override veto
Appointments – Art I, Sect. 2
Exec. Branch officials
Federal Judges
Nomination by President; Confirm by Congress
Treaties – Art II Sect. 2
Power to negotiate
2/3 vote of Senate for approval
War
President Commander in Chief Art. II; Sect. 2
Congress – Declaration Art. 1 Sect. 8
Impeachment – Art I
President
Members of Exec. Branch
House – Charges
Senate – Trial –2/3 vote
Judicial Review
Supreme Court
Acts of Congress