u.s. national government

Foundations of United States Citizenship

Lesson 5, Chapter 6 1

U.S. National GovernmentU.S. National Government

• EXECUTIVE BRANCH


Lesson 5, Chapter 6, U.S. National Government

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What is the function of the executive branch?

What is the function of the executive branch?

• The president heads the executive branch.

• The presidency is the top political job in the country.

• The president is considered to hold the most important job in the world.



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What are the requirements for the presidency?

What are the requirements for the presidency?

• To become president, a person must be• At least 35 years old• A native-born American citizen• A resident of the United States for at least 14 years

• Most U.S. presidents have shared certain characteristics.

• Only in the past few decades has the presidency become a possibility for a broader group of Americans.



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How is the president elected?How is the president elected?

• Presidential elections take place every four years.

• The Constitution did not provide for direct popular election of the president.



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How is the president elected? (cont’d)


• To elect a president, the United States uses an indirect method called the Electoral College.• Each state appoints electors.• They will vote for one of the major candidates.• When people vote for a candidate, they are voting

for the electors pledged to that candidate.



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• Each state has as many electoral votes as the total of its U.S. senators and representatives.

• The Electoral College includes 538 electors.• To be elected president or vice president, a

candidate must win at least 270 electoral votes.

• The formal election by the Electoral College takes place in December.



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• Presidents serve four-year terms.• Originally, Constitution had no term limits.• The Twenty-Second Amendment, ratified in 1951,

now limits each president to two elected terms in office. A maximum of 10 years total time in office is permitted.

• The president receives a salary and benefits. Salary is $400,000 per year. Upon completion of term a former president receives $200,000 per year retirement pay.



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How is the vice president elected? (cont’d)

How is the vice president elected? (cont’d)

• Vice president is elected with president through Electoral College.• Same qualifications as presidency• Constitution gives little authority to vice

president• Becomes president if president dies, is

removed from office, is seriously ill, resigns



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What are the rules for presidential succession?What are the rules for

presidential succession?• Original wording of Constitution for

presidential succession unclear

• 1947: Presidential Succession Act

• 1967: Adoption of 25th Amendment to answer remaining questions • Amendment has been used only three times.

• JUDICIAL BRANCH



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What is the function of the judicial branch?

What is the function of the judicial branch?

• Federal courts make up the third branch of the U.S. government: the judicial branch.

• Courts use the law to• Settle civil disputes• Decide on guilt or innocence of people

accused of crimes



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What is the function of the judicial branch? (cont’d)


• In a civil dispute, two sides come before a court. • Two private parties• A private party and the government• The United States and a state or local government

• Each side presents its position.• The court uses the law to make a decision in

favor of one side or the other.



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• Courts also hold criminal trials.• Witnesses present evidence.• Jury or judge delivers verdict.

• Our legal system is based on the ideal of equal justice under the law.



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What is the basic structure of the federal court system?


• Founders created the federal court system in Article III of the Constitution.• Established a national Supreme Court• Gave Congress power to establish lower

federal courts

• Congress has created two kinds of lower courts.



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(cont’d)


(cont’d)• Today, federal court system has three

levels:• Supreme Court• Appeals courts• District courts

• Federal court system exists alongside 50 separate state court systems.



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What types of cases are heard in federal courts?

What types of cases are heard in federal courts?

• Federal courts have jurisdiction over• Cases involving the Constitution• Violations of federal laws• Controversies between states• Disputes between parties from different states• Suits involving the federal government• Cases involving foreign governments and treaties• Cases based on admiralty and maritime laws• Cases involving U.S. diplomats



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What types of cases are heard in federal courts? (cont’d)

What types of cases are heard in federal courts? (cont’d)

• For most of the areas just described, federal courts have exclusive jurisdiction.

• State courts have jurisdiction over all other matters.

• Most court cases involve state law.• Rarely, a case can be heard in either a state or

federal court—concurrent jurisdiction.



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What is the function of U.S. district courts?

What is the function of U.S. district courts?

• Most federal cases are handled in the 94 district courts.

• All federal cases must begin in a district court. They have original jurisdiction.

• District courts try both criminal and civil federal cases.



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What is the function of the U.S. courts of appeals?

What is the function of the U.S. courts of appeals?

• U.S. courts of appeals• Also known as federal appeals courts, circuit

courts of appeals, or appellate courts• Review decisions of lower district courts• Circuit courts (12) each cover a specific area.• A thirteenth appeals court has nationwide

jurisdiction to hear special cases.



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What is the function of the U.S. courts of appeals? (cont’d)


• Appeals courts do not hold trials.

• They may decide an appeal by• Upholding the original decision• Reversing the decision• Remanding the case



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• Appeals-court judges do not decide• Guilt or innocence of defendant in criminal

case• Which side should win in a civil lawsuit

• Appeals-court judges do decide• Whether defendant’s rights have been

protected• Whether defendant received a fair trial



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• In most cases, the decision of the appeals court is final.

• When an appeals court makes a decision, one judge writes an opinion for the court.• Detailed explanation of legal thinking behind

decision• Sets a precedent within district



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How are federal judges selected?


• Federal judges are chief decision makers in judicial branch.

• More than 550 judges preside over district courts.

• Each appeals court has 6–27 judges.

• Supreme Court has 9 justices.



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• President appoints federal judges, with approval of Senate.

• President usually follows senatorial courtesy.• Applies mainly to selection of judges for district

courts and other trial courts

• Federal judges may have their jobs for life, unless they are removed through impeachment.



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What is the function of the Supreme Court? (cont’d)


• When choosing nominees, president considers• Likelihood of candidate’s approval by Senate• Opinions of Justice Department officials• Opinions of American Bar Association,

interest groups, other Supreme Court justices



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Which other court officials work in each federal judicial district?Which other court officials work in each federal judicial district?

• Clerks, secretaries, court reporters, probation officers, and other workers help judges.

• Each district court has magistrate judges. • Every federal district also has

• U.S. attorney and one or more deputies• U.S. marshal



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What is the function of the Supreme Court?

What is the function of the Supreme Court?

• Supreme Court’s main job is to decide whether laws are Constitutional.

• Supreme Court has original jurisdiction in• Cases that involve diplomats from foreign countries• Cases in which a state is involved

• In all other instances, Supreme Court hears cases on appeal from lower district courts or federal regulatory agencies.



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• The Supreme Court is not required to hear all cases presented to it.

• The Supreme Court has final authority in cases involving• The U.S. Constitution• Acts of Congress• Treaties with other nations

• The Supreme Court’s decisions are binding on lower courts.



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• The Supreme Court is made up of eight justices led by one chief justice.

• Justices’ main duty is to hear and rule on cases.

• Chief justice has additional duties.



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• Senators: President should have fairly free hand in appointing new justices.

• But Senate has also rejected many presidential nominees because of• Doubts about qualifications• Legal philosophy of nominees



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• Supreme Court justices are always lawyers.• Political support and agreement with

president’s ideas are important.• Thurgood Marshall

• First African American justice

• Sandra Day O’Connor• First female justice

Landmark Cases of the Supreme Court

Landmark Cases of the Supreme Court

• Marbury v. Madison - Judicial Review - 1803 • Dred Scot v. United States - Slaves and

Property - 1857 • Brown v. Board of Education - 1954• Gideon v. Wainwright - Right to Council - 1963 • Miranda v. Arizona - Rights upon Arrest - 1966

http://library.thinkquest.org/2760/cases.htm

http://www.archives.gov/education/lessons/brown-v-board/

brown v. board short video – media http://www.youtube.com/watch?v=TTGHLdr-iak#



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Lesson reviewLesson review• Function of the legislative branch

• Make new laws• Address issues facing the country

• Typical session of Congress lasts from January until November or December.• May also meet for a special session or a joint

session



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Lesson review (cont’d)Lesson review (cont’d)• Two parts of Congress

• House of Representatives• Senate

• House of Representatives• Larger body: 435 voting members• Members allotted to states according to

population



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Lesson review (cont’d)Lesson review (cont’d)• Senate

• 100 members, 2 from each state• Each senator represents entire state• Terms of 6 years• Elections staggered



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How many votes are needed?How many votes are needed?• To pass with 2/3’s majority in Senate?• 2/3 of 100 = ??• To pass with 2/3’s majority in House?• 2/3 of 435 = ??• To pass both Senate and House?• 2/3 of 535 = ??• To pass ¾ of states?• ¾ of 50 = ??

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