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

3 Branches of Government - Federal Level

Judicial Branch

Interprets or reviews the laws; Article III

Supreme Court

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

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

• hears 100 or fewer cases each year (very selective)

Number of Supreme Court Justices

9 (serve for life or until he/she chooses to step down)

Appellate Courts

Courts hearing cases appealed from a lower court.

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 courts

state and federal

evidence

proof of innocence or guilt; lawyers will try to prove their case using this

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)

Jurisdiction

The authority of a court to hear a case

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

3 judges

How many judges in a Court of Appeals panel

verdict

the decision a jury or judge makes in a trial

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)

state courts

Courts that hear disputes about the laws of one state; created by state constitutions

panel

A group of judges who hear a case together.

Judicial Review

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

U.S. District Courts

Lowest level of federal courts; where federal cases begin & trials are held (bank robbery, environmental violations, tax evasion); have original jurisdiction only

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

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.

Article II of U.S. Constitution

is about the executive branch, which consists of the President and Vice-President, enforces laws

Executive Order

A rule issued by the president that has the force of law; can be done away with by 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)

Chief of Staff

The head of the White House staff.

Veto

Chief executive's power to reject a bill passed by a legislature

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.

approving (confirming) nominations of Supreme Court justices

One way the Senate checks the power of the Executive Branch

issue a formal declaration of war

A power only Congress has, not the President

Secretary of State

A member of the president's Cabinet

22nd Amendment

Limits the president to two terms.

pocket veto

president's power to kill a bill, if Congress is not in session, by not signing it for 10 days

35 years old, naturally born, 14 years resident.

What are the qualifications for 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

Preside 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

amnesty

a pardon to a group of people (a judicial power of the president)

Executive Branch

Branch of government responsible for carrying out or enforcing the laws

Legislative Branch

Branch of government having the power to make laws; Congress

Senate

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

House of Representatives

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

Vice President

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

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 parts, or houses

filibuster

A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue; "talk a bill to death"

veto

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

President

has the power to veto a bill

2/3 majority

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

The House (of Representatives)

The part of Congress that can originate tax (revenue) bills

conference committee

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

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

Legislative Power

the power to make a law and to frame public policies

constituents

the people that an elected official represents

term

the length of time that officials serve after an election (as in a 2 or 6 year term)

session

the regular period of time during which Congress conducts business

2 year term

the number of years a member of the House of Representative may serve

expressed (enumerated) powers

powers of Congress specifically stated in the Constitution; 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 of the Constitution

inherent powers

powers granted through the Constitution's creation of a National Government

Elastic Clause

aka - Necessary and Proper Clause; basis for "implied powers"; Congress can pass laws needed to carry out its expressed powers

Impeachment trial

held in the Senate

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)

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." (a non-legislative power); House votes (simple majority) to bring official up on charges of misconduct - these official charges of misconduct are called "articles of impeachment"

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.

U.S. Court of Appeals

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

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

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

Juvenile and Domestic Relations Court

the state court that hears cases involving minors and family disputes

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.