3 branches + bureaucracy

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35 Terms

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Article 1 of the Constitution & what they do

Legislative Branch(congress)

- responsible for making the laws

- Made of the house of rep + senate

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bicameralism

The principle of a two-house legislature(senate+ house)

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House of rep

- 435 members

- rep depends on population

- hv to be 25 yrs

- serve two yr terms

- ALWAYS hv been elected directly by the ppl

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Senate

- equal rep so 100 senators

- at least 30 yrs old

- serve 6 yr terms(1/3 of senate elected every two yrs)

- NOW elected directly by ppl cause of 17th amendment

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Powers of congress

- To lay and collect Taxes...

- To borrow Money...

- To regulate Commerce

- To coin Money...

- To establish Post Offices and post Roads...

- To declare War...

- To raise and support Armies..

- To provide and maintain a Navy..

- To make all Laws which shall be necessary and proper

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Bill--> Law

1) Either house introduces bill

2) both houses pass a bill

3) bill is sent to prez

4) prez can either sign it and it becomes law OR veto it

--> if vetoed congress can override veto(2/3 vote) or congress fails to override veto

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VA plan vs NJ plan

VA: rep by population, two chambers(James madison)

NJ plan: one house legislature, same rep for every state

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Conneticut Compromise

Bicameral Congress; House is based on state population, Senate with equal representation

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Necessary & proper clause

constitutional authorization for Congress to make any law required to carry out its powers

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Article 2 and what they do

Executive branch: enforces the laws President: has to be 35, natural born citizen and resident of u.s for 14 yrs

- commander in chief of the army/navy

- appoint judges and executive branch officials(Senate has to approve)

- make treaties

- grant pardons

- Veto laws

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Checks and balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

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22nd amendment

Limits the president to two terms.

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removal of president

-Impeachment and conviction

- house has power to impeach w/ majority and senate has power to hold impeachment trials and remove w/ 2/3 vote

Treason, Bribery, Corruptions

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25th amendment

Succession of VP if president dies or become incapable to do his job

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Debates over exeutive branch when making it

- how to elect, how long terms should be, could they run for reelection, could they be removed, how much power they should get, single exeutive or not?(federalist 70)

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Electoral college

a body of people representing the states of the US, who formally cast votes for the election of the president and vice president

- Number of votes= amt of senators(2) + amt of seats in house of rep

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Article 3

Judicial branch: Supreme court(highest level, original jurisdiction on same cases, made of 9 judges)

Court of appeals(intermediate level, 12 circuit courts, NO original jurisdiction, cases heard by 3 judge panel)

District courts(lowest, 94 courts, og jursidiction on most cases, single judge)

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Powers of judicial branch

Interprets the constitution and other laws; Judicial Review: decided if the laws and actions of the other two branches are constitutional(federalist 78)

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What sorts of cases do federal courts hear?

- cases involving ppl from from two diff states

- cases involving national law

- cases where courts hv orginal jurisdiction

* justices don't hear all cases but use rule of 4 so if 4 of the justices want to hear the case they do it

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Federal Bureaucracy and what they do

Under the executive branch

Job: implemnatation(carry out laws) administration (administrative work) and regulation(issue rules/regulations)

- they are a big administration that handles buisness of fed gov

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Patronage/spoils system

power to appoint loyal party members to federal positions

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4 areas of fed bureaucracy(GIRC)

1) Cabinet departments(15 departments, national policy & enforce specific laws, department of education)

2) Independent executive agencies(not under prez but handle SPECIFIC issues, NASA)

3) Regulatory commisions(created by congress, regulate specific economic activities, FCC--> radios, tv)

4) Government corporations(Buisinesses owned/operated by fed gov, Postal service)

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Whats one problem w/ the bureaucracy today

poor coordination between departments, agencies and commissions

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How have the 3 branches changed over time?

Legislative: b4 congress had more direct control over national policy but now it delegates more authority to executive branch abt enforces ALSO became more divided(slows bills passing)

Executive: limited staff/influence besides basic duties but NOW more power in foreign policy/emergencies, can use executive orders

Bureacracy: was small and based off spoils system but NOW has grown, millions of employees

Judicial: limited b4 bt NOW larger role in shaping national policy

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How do the branches check each other

checks and balances

Congress can impeach president

congress gives funding to federal bureaucracies

judicial can call laws by congress unconstitutional

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How did the federalist defend the branches

Federalist 70(single executive w/ a good amt of power)

Federalist 78(judicial review)

Federalist 51(checks & balances and seperation of powers)

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Legislative Branch (Congress)

  • Makes laws (Article I of the Constitution)

  • Controls federal spending and the budget

  • Declares war

  • Confirms presidential appointments (Senate)

  • Ratifies treaties (Senate)

  • Can impeach (House) and remove (Senate) federal officials

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Executive Branch (president = federal agencies)

  • Enforces laws

  • Acts as Commander-in-Chief of the military

  • Negotiates treaties

  • Appoints federal officials and judges

  • Issues executive orders

  • Can veto bills from Congress

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Judicial Branch (supreme court = lower courts)

  • Interprets laws

  • Determines constitutionality (judicial review via Marbury v. Madison)

  • Resolves disputes under federal law

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Bureaucracy Branch (agencies within the executive branch)

  • Implements and enforces laws

  • Writes regulations based on legislation

  • Administers federal programs (e.g., EPA, FDA, IRS)

  • Provides expert advice to the executive and Congress

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Ho have these branches changes over time?

  • Legislative: Congress has ceded some power to the executive (especially in foreign policy and emergency powers). Polarization has increased.

  • Executive: The presidency has grown stronger, especially since the 20th century, with more executive orders and international influence.

  • Judicial: The courts have taken a larger role in policymaking through judicial review and decisions on civil rights, abortion, healthcare, etc.

  • Bureaucracy: It has massively expanded in size and scope, particularly after the New Deal and Great Society, increasing government influence in daily life.

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How these branches relate to and check each other

Branch

Checks On Other Branches

Legislative

Can impeach judges and the president, override vetoes, approve appointments, and control funding

Executive

Veto laws, appoint judges, issue pardons, control federal agencies

Judicial

Declare laws or executive actions unconstitutional

Bureaucracy

Technically under executive control, but Congress funds and oversees it; courts can rule on its actions

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Debates at the founding

  • Anti-Federalists worried the Constitution created a government that was too powerful—especially the presidency (like a king) and the courts (lifetime appointments).

  • They feared loss of state power and individual liberties.

  • They wanted a Bill of Rights, which was later added.

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Federalist defense in the federalist papers

  • Federalist No. 51 (Madison): Argued for checks and balances and separation of powers to prevent tyranny.

  • Federalist No. 70 (Hamilton): Defended a strong, single executive as necessary for decisive leadership and accountability.

  • Federalist No. 78 (Hamilton): Defended life tenure for judges to ensure independence and called the judiciary the “least dangerous” branch because it had no power of the purse or sword.

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how they function today

  • Congress often struggles with gridlock, especially when parties are divided. Much lawmaking is done through compromise or executive influence.

  • The President has gained influence through media, executive orders, and foreign policy. Sometimes bypasses Congress with executive actions.

  • The Courts regularly rule on major political issues (e.g., abortion, gun rights, healthcare). Judicial appointments are now highly politicized.

  • The Bureaucracy enforces thousands of regulations. It’s highly specialized but criticized for being too complex or unaccountable.