Branches of Goverment

• Congress makes laws

• it is a bicameral (two-chamber) legislature: the House of Representatives & Senate.

• The House is the larger chamber, with 435 members.

• Representation in the House is based on population, meaning states with more people get more representatives.

• Each state is guaranteed at least one representative, OHIO HAS 15 SEATS IN THE HOUSE!

• Each representative is elected for a specific congressional district (geographical area) within their state.

• These districts are reapportioned (redrawn) every ten years after the national census to ensure approximately equal populations in each district.

• This process can sometimes lead to gerrymandering, where districts are drawn to favor one political party

​Who Represents YOU?
If you life in the....
4th: Jim Jordan
5th: Bob Latta
7th: Max Miller

Open Ended

Why was the United States Congress designed as a bicameral legislature, and what significance does this structure hold for representation in the government?

HOUSE INFO Continued....
Terms of Office: 2

• This short term makes them highly responsive to the immediate needs and opinions of their constituents.

• There are no term limits.

• Qualifications: 25 years old, 7 year citizen, and resident of the state.

• Leadership: Speaker of the House (chosen by the majority party).

• The Speaker is second in the line of succession to the presidency, after the Vice President.

• Other key leaders include the Majority and Minority Leaders and their respective Whips, who gather support for party positions

Multiple Choice

Which of the following is NOT a qualification to become a member of the U.S. House of Representatives?

• Must be at least 25 years old

• Must be a U.S. citizen for at least seven years

• Must be a resident of the state they represent

• Must have previously served in the Senate

• Unique Powers of the HOUSE:

  • The House has several exclusive powers:

  • ○ Initiating all revenue (tax) & appropriations (spending) bills

    ○ Impeachment (bringing charges against) federal officials.

    ○ Potus selection if Electoral College tie

Multiple Choice

Which of the following is an exclusive power of the House of Representatives?

• Approving treaties with a two-thirds vote

• Initiating all revenue (tax) bills

• Confirming presidential appointments

• Trying impeachment cases

The Senate

• Representation in the Senate is equal for all states, 2 per state (100)

• State-Wide Elections: Senators are elected by the voters of their entire state.

• Terms of Office: Senators serve 6 yr. terms.

• To ensure stability and staggered elections, approximately one-third of the Senate is up for re-election every two years. (We call it a "Continuous Body" because of these staggered elections)

• There are no term limits.

• Qualifications: 30 years old, 9 yr. citizen, and a resident of the state

• Leadership: The official presiding officer of the Senate is the Vice President of the United States, who can only cast a tie-breaking vote. (Why they are rarely there- can't debate, either.)

• In the VP's place, the President Pro Tempore presides over the Senate and is typically the most senior member of the majority party. Similar to the House, there are Majority and Minority Leaders and Whips.

• The Majority Leader is the real leader of Senate! (makes leadership decisions) John Thune, Republican- is the current Senate Majority Leader

Multiple Choice

Because only 1/3 of the Senate seats are up for election each cycle (every even numbered year), the Senate is called a

• Continuous Body

• Gerrymander

The Senate has several exclusive powers:
○ Ratify (approve) treaties (2/3s vote)
○ Confirm presidential appointments (e.g., cabinet members, ambassadors, federal judges).
○ Try impeachment cases (2/3s vote for conviction/removal from office)

• Congressional Committees: Both the House and Senate organize their work through a system of committees.

• Committees are small groups of legislators who specialize in particular policy areas (e.g., agriculture, defense, judiciary, education).

• This division of labor allows Congress to handle the vast number of bills and complex issues it faces.

• There are several types of committees:

  • *****Standing Committees: Permanent committees- consider laws Most of the legislative work of Congress happens here!

  • Select Committees: Temporary committees created for a specific purpose (investigations or address a particular issue)

  • Joint Committees: Committees composed of members from both the House and Senate, usually for research or oversight purposes (e.g., Joint Committee on the Library of Congress)

  • Conference committees: Temporary, they iron out differences between Senate and House bills

Congress has Financial Powers ("Power of the Purse") -- This is POWER!!!!

• Impose Taxes, Duties, Imposts, and Excises

• Borrow Money

• Regulate Commerce interstate & foreign commerce

• Coin Money, regulate its Value; fix the Standard of Weights and Measures

• Laws on Bankruptcy

​Congress has Defense and Foreign Affairs Powers (mainly as "checks" on the President, who is "Commander in Chief"):

○ Declare War
○ Raise and support Army & Navy
○ Make Rules 4 Armed Forces
○ Can call on Militias to execute the Laws suppress Insurrections, and repel Invasions. (use National Guards)

​ Congress's Judicial Powers:
○ Constitute (create) Tribunals (courts) inferior (below) to the Supreme Court
○ Define federal crimes and punishments
Other Powers of Congress:
○ Naturalization (immigration/citizenship) and Bankruptcy
○ Establish Post Offices and post Roads.
○ Create Copyrights and Patents
○ Govern over D.C.

Multiple Choice

Which is NOT one of Congress's Finance Powers?

• Taxes, and levy duties and Imposts

• Borrow and coin money, establish bankruptcy rules

• Regulate interstate & foreign commerce

• Regulate intrastate commerce

Multiple Select

ID the Defense & Foreign Powers of Congress:

• To raise an army and navy

• To declare war

• To make Rules for the Government and Regulation of the land and naval Forces.

• To nominate Generals to military posts

Multiple Choice

Which is NOT a judicial power of Congress?

• Establish the inferior tribunals (courts)

• To define felony law and the punishments for the federal justice system

• Confirm President's judicial appointments

• To use power of judicial review

Congressional Powers Review :)
● Oversight (watch what Executive branch does/how money is spent)
● Investigations
● Impeachment of Executive & Judicial Officers (for "high crimes/misdemeanors")
● Confirmation of Appointments (Senate)
● Ratification of Treaties (Senate)
● Amend the Constitution
● Elect the President and Vice President (House & Senate) if NO majority winner in Electoral College

Multiple Select

Which of the following is NOT a power of Congress?

• Impeach Executive & Judicial Officials from Office

• Ratify treaties negotiated by the President

• Tax Exports, Grant Titles of Nobility, Issue Ex Post Facto Laws & Bills of Attainder

• Propose Amendments to the Constitution

• Steps in Lawmaking:

• 1. Bill is proposed

• 2. Committee researches & votes on bill

• 3. Bill sent to full chamber for vote

• 4. Sent to other Chamber

• 5. Sent to committee to research & vote

• 6. Sent to full chamber for vote

• 7. Conference Committee - irons out differences between House & Senate bills if needed (make a compromise bill-1 version)

• 8. Bill sent to President (he has 10 days to act on it)

  • He can: Sign it, Veto (reject it), Allow it to become a Law w/o Signature (sits on desk 1 days/does nothing becomes law, or Pocket Veto (Congress adjourns before he acts on it within 10 days

Multiple Choice

Which of the following actions can the President take once a bill has passed both the House and Senate?

• Sign the bill into law

• Veto the bill

• Allow the bill to become law without signature

• All of the above

Multiple Choice

Debate in House and Senate: In the House, rules over debate are detailed; whereas, there are few rules in the Senate. With few rules, what delaying tactic is possible in the Senate, where someone can "talk a bill to death." (get the floor, continue to talk to delay action on the bill) Hint: It starts with an "F" :) The C one is how you can end it.

• Filibuster

• Cloture Motion

The Executive Branch - The President and Cabinet

• Responsible for implementing and enforcing the laws written by Congress.

• Structure of the Executive Branch

  • The President

  • The Vice President:

  • 15 Executive Departments (Leaders are called Secretaries, & they make up the Cabinet)

  • Independent Agencies and Regulatory Commissions:

  • Executive Office of the President (EOP)

  
  

Multiple Select

Which of the following are considered part of the Executive Branch of the U.S. government?

• The President

• The Cabinet

• Independent Regulatory Agencies

• EOP (Executive Office of the President)

• Presidential Terms and Selection

  • Presidential and Vice Presidential Term: 4 year terms.

  • Term Limits: The 22nd Amendment (ratified in 1951) limits a President to two terms (a maximum of ten years)

  • Qualifications for President/Vice President:

    • Must be a natural-born citizen of the United States.

    • Must be at least 35 years old.

    • Must have been a resident of the U.S. for at least 14 years.

  • The Electoral College:

    • The President and Vice President are not directly elected by popular vote. Instead, they are chosen by the Electoral College.

    • Each state is allocated a number of electoral votes equal to the total number of seats in Congress (Ohio 15 house + 2 Senate= 17 Electoral Votes)

    • There are a total of 538 electoral votes (435 House + 100 Senate + 3 DC).

    • To win the presidency, a candidate must receive an absolute majority of electoral votes (at least 270).

    • In most states, the candidate who wins the popular vote in that state receives all of that state's electoral votes ("winner-take-all" system). Maine and Nebraska use a proportional system (they divide electoral votes by Congressional district).

    • If no candidate wins a majority in the Electoral College, the House of Representatives elects the President (each state delegation gets one vote), and the Senate elects the Vice President.

  
  

Multiple Choice

What is the minimum number of electoral votes a candidate must receive to win the presidency?

• 270

• 218

• 51

• 538

• Presidential Succession:

  • The 25th Amendment (ratified in 1967) clarifies presidential disability and succession.

    • It provides for the Vice President to assume presidential duties if the President is unable to perform them (e.g., illness) and outlines how a President can be temporarily or permanently removed due to inability.

    • Also states that VP vacancies filled by POTUS w/ Congress's approval

  • The Presidential Succession Act of 1947 establishes the line of succession after the Vice President: Speaker of the House, President Pro Tempore of the Senate, and then the Cabinet secretaries in order of department creation (starting with the Secretary of State).

Multiple Choice

Which amendment clarifies presidential disability and succession in the United States?

• 22nd Amendment

• 23rd Amendment

• 25th Amendment

• 27th Amendment

​ Constitutional Powers (Expressed Powers) of POTUS:

• Commander-in-Chief: The President is the supreme commander of the U.S. armed forces (can deploy troops, direct military operations, and wage war, ------------though only Congress can formally declare war!)

• Chief Diplomat: Makes TREATIES; Executive Agreements (like treaties but don't require Senate approval); Diplomatic Recognition (recognizes existence of nations so we can conduct diplomacy & trade with them) ; Appoint & Receive Ambassadors (aka, diplomats, or representatives of other countries)

• Chief Executive/Administrator: "Take Care" Clause-POTUS must "take Care that the Laws be faithfully executed."

  • Appointments: (with Senate confirmation) POTUS appoints cabinet members, ambassadors, federal judges, and other high ranking officials (eg., Fed Chair, CIA & FBI Directors, etc. )

  • Executive Orders: Can issue these directives that have the force of law without Congressional approval.

    • They are usually used to manage the operations of the federal government or implement existing laws.

    • They can be challenged in court or revoked by a future president.

• Chief Legislator:

  • Veto Power (reject a proposed law/bill)

  • Propose Legislation through the State of the Union address or specific legislative proposals. (State of Union is speech before the Government at start of the year)

  • Call Special Sessions of Congress (bring them back to DC if they are on recess and he needs them to act on a matter)

    Chief of State: As the symbolic head of the United States, the President performs ceremonial duties such as hosting foreign dignitaries, awarding medals, and throwing out the first pitch at a baseball game.

• Judicial Powers: Appoint judges, grant pardons, reprieves, commutations, amnesty

• Chief of State: As the symbolic head of the United States, the President performs ceremonial duties such as hosting awarding medals, and throwing out the first pitch at a baseball game.

• Chief of Party: The President is the de facto leader of their political party, influencing the party's platform, fundraising, and campaign efforts.

Multiple Select

Which of the following are formal (expressed) powers of the U.S. President?

• Commander-in-Chief of the armed forces

• Appointing Supreme Court Justices

• Granting pardons for federal offenses

• Judicial Review (declare laws unconstitutional)

Open Ended

How do Congressional checks limit the power of the President? Provide at least two examples.

Only court created in Constitution is SCOTUS!!!!Then Congress given power to create Inferior ones.




Inferior Courts (ones below SCOTUS) were created by Congress as needed!!!




Terms of Office, Selection, and the Federal Court System i
Life Tenure
Appointed by Potus; Confirmed by Senate

​-Scotus has BOTH Appellate Jurisdiction & -Original (states & ambassadors
Circuit (Appeals) Courts have Appellate Jurisdiction (hear cases on review)
We live in 6th Circuit


District Courts have Original Jurisdiction (hear cases first time/trials)
2 District Courts in Ohio

​ Key Powers of the Judicial Branch

The powers of the federal judiciary, particularly the Supreme Court, are immense and foundational to the American legal system.

• Judicial Review:

  • Definition: This is the MOST significant power of the Judicial Branch. It is the power of the courts to determine whether a law or government action violates the U.S. Constitution.

  • Origin: This power is not explicitly mentioned in the Constitution but was established by the Supreme Court in the landmark 1803 case of Marbury v. Madison!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

• Interpreting Laws:

  • Federal courts interpret federal laws and regulations to ensure they are applied consistently and fairly. This involves clarifying ambiguous language in statutes and applying general legal principles to specific factual situations.

• Resolving Disputes:

  • The federal courts provide a forum for resolving legal disputes (civil suits/lawsuits)

• Safeguarding Rights and Liberties:

  • Through judicial review and interpretation, the courts play a vital role in protecting the rights and liberties guaranteed by the Constitution

Multiple Select

Which of the following are key powers of the Judicial Branch?

• Judicial Review

• Impeachment

• Interpreting Laws

• Safeguarding Rights and Liberties

​Amy Coney Barrett, Neil Gorsuch, Brett Cavanaugh, Tetanji Brown Jackson

1 Chief Justice (CJ)(leader of Court)
8 Associates

​Sonia Sotomayor, Clarence Thomas, (CJ) John Roberts, Sam Alito, Elana Kagan

How the Supreme Court Works

Caseload and Selecting Cases

• Limited Caseload: 70-80 cases per term.

• Original vs. Appellate Jurisdiction: Most cases come to the Supreme Court through its appellate jurisdiction (on appeal from lower federal or state courts). Its original jurisdiction (first court to hear) is very rare.

• Writ of Certiorari (Cert.): The primary way cases reach the Supreme Court is through a writ of certiorari. This is an order by the Court directing a lower court to send up the records of a case for review.

  • Rule of Four: For a writ of certiorari to be granted, at least four of the nine justices must agree to hear the case.

• Reasons for Granting Cert.: The Court usually grants cert. for cases that:

  • Involve a significant constitutional question.

  • Address a legal issue where different lower courts have made conflicting decisions (a "circuit split").

  • Affect a large number of people or have broad national importance.

Supreme Court Procedures (Once a Case is Accepted)

1. Briefs:

   • Petitioner/Appellant's Brief: The party that asked the Court to hear the case (the petitioner or appellant) files a written brief arguing their side of the case and explaining why the lower court's decision should be overturned.

   • Respondent/Appellee's Brief: The opposing party (the respondent or appellee) files a brief arguing to uphold the lower court's decision.

   • Amicus Curiae ("Friend of the Court") Briefs: Interested individuals, groups, or government agencies not directly involved in the case can file these briefs to present additional information or arguments they believe are relevant to the Court's decision. These can be influential

2. Oral Arguments:

   • 30 minutes to present their case, during which justices frequently interrupt with questions. Oral arguments are generally public.

3. Judicial Conference:

   • Following oral arguments, the justices meet in a private, closed-door conference to discuss the case.

4. Opinion Writing:

   • The majority opinion sets forth the Court's decision and the legal reasoning behind it, becoming the precedent for future cases.

   • Concurring Opinions: Justices who agree with the majority's decision but for different legal reasons

   • Dissenting Opinions: Justices who disagree with the majority's decision may write a dissenting opinion to explain why they believe the majority was wrong.

5. Announcement of Decision:

   • The Court's decisions are announced publicly, usually on specific "decision days." Opinions are printed and made available to the public.

Multiple Choice

Which is NOT true of the Supreme Court?

• They follow the Rule of Four (four justices must agree to hear a case)

• A Writ of Certiorari is the petition to get the SCOTUS to hear your case on appeal

• ALL cases appealed to the SCOTUS are heard by them

• It's made up of 9 justices

Open Ended

Describe how the system of checks and balances limits the power of the Judicial Branch.