law in american society mr. novak separation of powers & checks and balances

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Law in American Law in American Society Society Mr. Novak Mr. Novak Separation of Powers Separation of Powers & & Checks and Balances Checks and Balances

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Law in American SocietyLaw in American Society

Mr. NovakMr. Novak

Separation of PowersSeparation of Powers

& &

Checks and BalancesChecks and Balances

3 Branches of Government3 Branches of Government

Legislative Branch – Make LawsLegislative Branch – Make Laws

Executive Branch – Execute LawsExecutive Branch – Execute Laws

Judicial Branch – Interpret LawsJudicial Branch – Interpret Laws

3 Branches of Government3 Branches of Government

Post (After) the American Post (After) the American RevolutionRevolution

When the founders When the founders wrote the U.S. wrote the U.S. Constitution they Constitution they decided they did not decided they did not want a king as they had want a king as they had when England ruled when England ruled America.America.

No king meant a No king meant a Separation of Powers or Separation of Powers or 3 Branch of Government 3 Branch of Government system (Legislative, system (Legislative, Executive, and Judicial Executive, and Judicial Branches).Branches).

Legislative Branch – Make LawsLegislative Branch – Make Laws

Congress (2 Houses)Congress (2 Houses)

• House of House of Representatives Representatives (Population of each (Population of each state determines # per state determines # per state)state)

• Senate (2 members per Senate (2 members per state) – 2 X 50 = 100state) – 2 X 50 = 100

House of House of Representatives Representatives • 435 Members435 Members

SenateSenate• 100 Members100 Members

Legislative Branch – Make Laws Legislative Branch – Make Laws House of Representatives (435)House of Representatives (435)

Legislative Branch – Make LawsLegislative Branch – Make Laws

Senate (100)Senate (100)House of Representatives House of Representatives (435)(435)

Executive Branch – Enforce LawsExecutive Branch – Enforce Laws President, Vice – President, Federal President, Vice – President, Federal

Agencies, and President’s Cabinet Agencies, and President’s Cabinet (advisors)(advisors)• Federal Agencies includeFederal Agencies include

FBI (Federal Bureau of Investigation)FBI (Federal Bureau of Investigation) IRS (Internal Revenue Service)IRS (Internal Revenue Service) ATF (Alcohol, Tobacco, and Firearms)ATF (Alcohol, Tobacco, and Firearms) http://www.lib.lsu.edu/gov/alphahttp://www.lib.lsu.edu/gov/alpha

• Cabinet includeCabinet include Example: Secretary of State - Condoleezza RiceExample: Secretary of State - Condoleezza Rice http://www.whitehouse.gov/government/cabinet.htmlhttp://www.whitehouse.gov/government/cabinet.html

Executive Branch – Enforce LawsExecutive Branch – Enforce Laws

President – George President – George W. BushW. Bush

Vice-President – Vice-President – Richard (Dick) B. Richard (Dick) B. ChaneyChaney

White House Chief White House Chief of Staff – Joshua B. of Staff – Joshua B. BoltenBolten

Executive Branch – Enforce LawsExecutive Branch – Enforce Laws

The White House 1600 Pennsylvania The White House 1600 Pennsylvania Avenue Avenue

Washington D.C. (District of Columbia)Washington D.C. (District of Columbia)

Judicial Branch – Interpret LawsJudicial Branch – Interpret Laws United States United States

Supreme Court (9 Supreme Court (9 Members)Members)• Chief-Justice – John Chief-Justice – John

RobertsRoberts• 8 Associate Justices 8 Associate Justices

(Judges) - John Paul (Judges) - John Paul Stevens, Antonin Scalia, Stevens, Antonin Scalia, Anthony M. Kennedy, Anthony M. Kennedy, David H. Souter, David H. Souter, Clarence Thomas, Ruth Clarence Thomas, Ruth Bader Ginsburg, Samuel Bader Ginsburg, Samuel Alito, and Stephen G. Alito, and Stephen G. Breyer Breyer

Judicial Branch – Interpret LawsJudicial Branch – Interpret Laws

United States Supreme CourtsUnited States Supreme Courts

United States Court of AppealsUnited States Court of Appeals

United States District CourtsUnited States District Courts

United States Bankruptcy CourtsUnited States Bankruptcy Courts

Checks & BalancesChecks & Balances

President can veto a bill (proposed law).President can veto a bill (proposed law).• Executive branch checking the Legislative branch.Executive branch checking the Legislative branch.

President can nominate Judges/Justices.President can nominate Judges/Justices.

Checks & BalancesChecks & Balances Congress approves Presidential nominations.Congress approves Presidential nominations.

• Legislative branch checking Executive branchLegislative branch checking Executive branch Congress controls the budget.Congress controls the budget.

• Legislative branch checking Executive branchLegislative branch checking Executive branch Congress can pass a law over a Presidential veto.Congress can pass a law over a Presidential veto.

• Legislative branch checking Executive branchLegislative branch checking Executive branch Congress can impeach (have a trial) and remove a Congress can impeach (have a trial) and remove a

President from office.President from office.• Legislative branch checking Executive branchLegislative branch checking Executive branch

Congress can impeach a judge and remove them from Congress can impeach a judge and remove them from office. office. • Legislative branch checking Judicial branchLegislative branch checking Judicial branch

Checks & BalancesChecks & Balances U.S. Supreme Court can declare a law U.S. Supreme Court can declare a law

unconstitutional (cancel the law).unconstitutional (cancel the law).• Judicial branch checking the legislative branchJudicial branch checking the legislative branch

U.S. Supreme Court can declare a U.S. Supreme Court can declare a presidential act unconstitutional.presidential act unconstitutional.• Judicial branch checking the executive branchJudicial branch checking the executive branch