Legislative Branch, Executive Branch, and Judicial Branch - CE. 2 and CE. 5

3 Branches of Government - Federal Level

Legislative Branch

Branch of government having the power to make laws; Congress (Article I)

Executive Branch

Branch of government responsible for carrying out or enforcing the laws (Article II)

Judicial Branch

Branch of government responsible for interpreting or reviewing the laws (Article III)

Separation of Powers

The Constitution created 3 independent, distinct, and equal branches of government so power is not concentrated in just one branch.

Checks and Balances

A system that ensures no one branch of government becomes too powerful by granting each branch the ability to limit the powers of the others.

appeals

to take a case to a higher court for a rehearing (find mistakes or errors in the lower court)

Cases heard by Supreme Court

- cases that come through appeal

- cases that deal with the U.S. Constitution

• cases involving federal law

• cases involving state disputes

• hears fewer than 100 cases per term

Mainly appellate jurisdiction; limited original jurisdiction over cases involving disputes between states and cases involving foreign diplomats (ambassadors).

Number of Supreme Court Justices

9 (serve for life or until he/she retires, resigns, or passes away)

Appellate Courts

Courts hearing cases appealed from a lower court.

to reverse a decision

Refers to the Appeals and Supreme Court's ability to change the ruling of a lower court if the procedure were not followed or the law is unconstitutional

affirm

to declare that a court ruling is valid and must stand.

remand

to send a case back to a lower court to be tried again

trial court

the first court to hear a criminal or civil case (original jurisdiction - hears a case for the first time)

Two types of court systems

state and federal

evidence

proof of innocence or guilt; lawyers will try to prove their case using this; examples include photographs, witness testimonies, and documents.

bench trial

A trial in which the judge alone hears the case (no jury)

jury trial

A trial before a judge and a jury (12 citizens who hear the evidence, deliberate, and issue a verdict - guilty or not guilty)

criminal case

a case involving someone who is accused of committing an illegal activity

civil case

disagreement between two parties (plaintiff, the person making the complaint, is seeking to recover damages or receive compensation for a wrongful act by the defendant)

3 judges

How many judges in a Court of Appeals panel

verdict

the decision a jury or judge makes in a trial

Judicial Review

The power of the courts to declare laws or executive orders/actions unconstitutional; established in the 1803 case of Marbury v. Madison.

precedent

A legal principle, standard, or rule established in a previous case that is used as an example in subsequent cases with similar circumstances.

Article II of U.S. Constitution

establishes the executive branch, which consists of the President and Vice-President; enforces the laws

President

head of the executive branch at the federal level

Vice President

First in line to the president. Only constitutional role = President of Senate & casts tie-breaker vote in Senate.

State of the Union Address

an annual speech delivered by the President of the United States to Congress, outlining the administration's agenda and priorities.

Chief of State

The President is the ceremonial head of the government of the United States

Chief Executive

Decides how the laws of the U.S. are to be enforced and choosing officials and advisors to help run the Executive Branch

Chief of Party

Party Leader: Acknowledged leader of the party that controls the executive branch; helps get other members of their political party elected to various positions and levels of government (campaigns on their behalf)

Chief Diplomat

The role of the president in recognizing foreign governments, making treaties, and effecting executive agreements.

Commander-in-Chief

The role of the president as supreme commander of the military forces of the United States and of the state National Guard units when they are called into federal service

Chief Legislator

term for the president as architect of public policy and the one who sets the agenda for Congress; can propose laws for Congress to make

Chief Guardian of the Economy

In this role, the president is concerned with such things as unemployment, high prices, taxes, business profits, and the general prosperity of the country. The president does not control the economy, but is expected to help it run smoothly.

Electoral College

The system for electing the president through representatives from each state that are bound to vote for the popular vote winner of their state. Need 270 electoral votes to win the presidency.

Executive Order

A rule issued by the president that has the force of law; can be removed by the next president or declared unconstitutional by the courts

Executive Agreement

A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval.

pardon

A declaration of forgiveness and freedom from punishment (part of a president's judicial powers)

reprieve

A formal delay or cancellation of punishment, typically granted by the president.

Chief of Staff

The head of the White House staff.

Ambassador

A person sent by the president to a foreign country as the official representative of the United States (diplomat). The ambassador’s official residence or offices are referred to as an embassy.

approving (confirming) nominations of Supreme Court justices

One way the Senate checks the power of the Executive Branch

can issue a formal declaration of war

A power only Congress has, not the President

22nd Amendment

Limits the president to two terms.

Federal Bureaucracy

Federal personnel (government workers) that implement government policies and regulations, including those agencies and departments within the executive branch.

35 years old, naturally born, 14 years a resident of U.S.

What are the qualifications for president in the U.S. Constitution ?

Secretary

The head of a specific department in the executive branch of government, responsible for implementing laws and managing agency operations. Secretaries are part of the President's Cabinet. Examples: Secretary of Defense, Secretary of Homeland Security and Secretary of State.

15

Number of cabinet departments in the Executive Branch: Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Justice, Labor, State, Transportation, Treasury, Veterans Affairs. The head of each department is a Secretary who advises the President.

Members of Congress

The President can choose or appoint his cabinet, ambassadors, federal judges, but NOT these people; they are directly elected by the people

Presides over the Senate

A formal duty assigned to the Vice President by the Constitution is to; Vice President is president of the Senate and can break a tie vote

Senate

100 total; 2 for each state; elected every 6 years; upper house

House of Representatives

435 total; number of representatives determined by each state's population; elected every 2 years; lower house

Speaker of the House

The leader of the majority party and presiding officer of the House of Representatives. Key role in assigning bills to committee and members to committees & setting party's legislative agenda. Second in line to the president of the United States

President Pro Tempore

Officer of the Senate selected by the majority party to act as chair in the absence of the vice president

President of the Senate

Vice President

qualifications for the House of Representatives

25 years old, citizen for 7 years, must live in the state from which elected, 2 year term

qualifications for the United States Senate

30 years old, citizen for at least 9 years, must live in the state from which elected, 6 year term

bicameral

A legislature consisting of two chambers, or houses

filibuster

A prolonged speech or debate in the Senate aimed at delaying or blocking legislative action. ("talk a bill to death")

veto

power of the president to reject a bill (part of checks and balances)

2/3 majority vote

Congress can override a presidential veto with this (part of checks and balances)

House of Representatives

Where revenue (tax) bills must originate (start)

435

Number of members in the House of Representatives; determined by a state's population

100

the number of senators in the Senate; equal representation

legislature

The law-making body at the federal level is Congress which includes the House of Representatives and Senate.

constituents

the people that an elected official represents; it is the job of the elected official to address their needs and concerns.

term

the length of time that officials serve after being successfully elected (as in a 2 or 6 year term)

session

the regular period of time during which Congress conducts business

6 year term

the length of a term for a member of the U.S. Senate

2 year term

the length of a term for a member of the House of Representatives

expressed (enumerated) powers

powers of Congress specifically stated in the Constitution (Article I, Section 8); examples: power to establish post offices, regulate commerce and declare war

implied powers

powers not specifically stated in the Constitution but drawn from the expressed powers; come from the "necessary and proper" clause in Article I of the Constitution; these are powers deemed necessary and proper to carry out the expressed powers.

Elastic Clause

another name for the “necessary and proper” clause; basis for "implied powers"; Congress can pass laws needed to carry out its expressed powers; called this because it “stretches” the powers of Congress

inherent powers

powers that belong to the national government by virtue of its sovereignty; examples include the power to control borders and make treaties.

Impeachment

An action by the House of Representatives to accuse the president, vice president, etc. of committing "Treason, Bribery, or other high Crimes and Misdemeanors”; House votes (simple majority) to bring official up on charges of misconduct - these official charges of misconduct are called "articles of impeachment" which are then sent to the Senate which holds a trial.

Impeachment trial

held in the Senate to determine if guilty or not guilty (takes 2/3 vote in Senate to convict)

Mark Warner (D)

U.S. Senator from Virginia

Tim Kaine (D)

U.S. Senator from Virginia

Don Beyer (D)

U.S. Representative of District 8 (Virginia)

pork barrel spending (earmarks)

legislative funding for unnecessary projects that favor the district of a particular legislator

congressional committees

Where most of the day to day work takes place. They are responsible for reviewing proposed legislation, conducting hearings, and making recommendations to the full chamber.

standing committee

A permanent committee in Congress that focuses on specific areas of legislation, conducting hearings and marking up bills.

conference committee

works to make the bills match after it has been approved by both House and Senate

select committee

A temporary committee established to focus on specific issues and conduct investigations, often composed of members from both the House and Senate to report findings.

Federal Courts

the courts of the national government that deal with problems between states, with the constitution, and with laws made by Congress (federal laws)

Supreme Court

the highest federal court in the United States: it decides what is constitutional (only court officially established by Article III)

U.S. Court of Appeals

Decides cases which are appealed from the federal U.S. District Courts; have appellate jurisdiction only; 3 judge panels

U.S. District Courts

Lowest level of federal courts; where federal cases begin and trials are held (bank robbery, environmental violations, tax evasion); have original jurisdiction only; They handle cases involving federal law, including civil and criminal cases, and are the first court to hear a case.

Virginia State Courts

Courts that hear disputes about the laws of Virginia; created by the Virginia State Constitution

Virginia Supreme Court

The highest court in the state of Virginia, responsible for hearing appeals and constitutional challenges, ensuring the upholding of state laws and rights. It is composed of seven justices who review cases from lower courts.

Circuit Court

Trial courts; have original jurisdiction for felony criminal cases and civil cases involving large sums of money; appellate jurisdiction for cases appealed from District Court level

General District Court (VA State Court)

Have a judge and NO jury; original jurisdiction; hear cases involving less serious crimes (misdemeanors) and civil cases involving smaller sums of money

Juvenile and Domestic Relations Court (VA State Court)

the state court that hears cases involving minors and family disputes such as custody, child support, and juvenile offenses.

jurisdiction

The authority of a court to hear a case

original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

appellate jurisdiction

The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.

misdemeanor

a less serious crime, often punishable by less than a year in a county jail

felony

a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.

reapportionment

The process of redistributing or reallocating legislative seats in the House of Representatives based on changes in population, following the census conducted every 10 years.

gerrymandering

The manipulation of electoral district boundaries to favor one party or class over another.