The Federal System The Federal System Section 1 – 220-225

• The US is a representative democracy = a government led by officials who are chosen by the people.– The citizens cast their votes for the

people they feel will best represent their interests.

The Federal SystemThe Federal System• The Constitution separates the power between

the federal government and the states.– Delegated Powers = These are the powers

that are given to the federal government.

– e.g. making money and national defense

The Federal SystemThe Federal System

• Reserved Powers = These are the powers that are kept by the states.– e.g. creating local governments, holding

elections, controlling education

The Federal SystemThe Federal System• Concurrent Powers = These are the powers that

the federal and state government share.– e.g. taxing and enforcing laws

The Legislative BranchThe Legislative Branch• The legislative branch is Congress.

– Congress is separated into two “houses.”• Lower House = The United States House of

Representatives– These are the representatives that we refer

to as Congressmen and Congresswomen, and they serve two-year terms.

– There are 435 members in the H.O.R.– Each state gets a certain number of

representatives based on that state’s population.» The US Census, taken every 10 years

determines each state’s population

»No state can gain a representative unless another state loses one.

The Legislative BranchThe Legislative Branch• Upper House = The United States Senate – These are the representatives that we refer to

as Senators, and they serve six-year terms.• There are 100 members in the Senate = two

from each state.• Congressmen represent the interests of a

particular district within a state.• Senators represent the interests of an entire

state.

The Legislative BranchThe Legislative Branch• The two dominant political parties are:

– Republican = conservative– Democrat = liberal

• The political party that has the most members in Congress is called the majority party and the fewer is called the minority party.

• The leader of the H.O.R. is called the Speaker of the House = John Boehner (R) - Ohio.

• The leader of the Senate is the vice-president and is called the President of the Senate = Joe Biden(D) – Delaware.

The Executive BranchThe Executive Branch• The president is the head of this branch.– To become president you must:• Be a native-born U.S. citizen.• Be at least 35 years old.• Have been a U.S. resident for at least 14

years.–These requirements apply to the vice

president as well.• The president may serve a maximum of two

terms (8 years).• This branch enforces the laws that Congress

passes.

The Executive BranchThe Executive Branch• If the president breaks the law or does something

unethical, the H.O.R. can impeach = vote to bring charges of treason, bribery, or other felonious and misdemeanor crimes against the president.– The Senate tries all impeachment cases.– If a president is found guilty, Congress can remove

him/her from office.• Impeached presidents:

– 1868 = Andrew Johnson – violating presidential power (NG)

– 1998 = Bill Clinton – inappropriate behavior w/ female Whitehouse staff member (NG)

– 1974 = Richard Nixon – campaign fraud (President

Nixon resigned before he could be impeached).

Working with CongressWorking with Congress• The system of checks and balances many times

places the president at odds with Congress.– This is especially true if the president’s party

and the majority party are not the same.– Congress passes laws, however, the president

may exercise his/her veto power = cancel laws that Congress passes.• The president’s veto can be overridden if

Congress can get two-thirds of its members to vote for it.

– The president may also grant pardons.

Working with CongressWorking with Congress• The president is commander in chief of the armed

forces and can send U.S. troops to fight; however…– Only Congress can declare war.

• The executive departments that run the government are called the president’s cabinet.– The President chooses the department heads

(secretaries), but Congress must approve them.– The secretaries of each department are usually

experts in their field, and their job is to advise the president on important matters related to their particular department.

The Judicial BranchThe Judicial Branch• This branch is represented by all federal courts with

the U.S .Supreme Court being the highest.– The president appoints all federal court judges.

• These appointments are for life so that the judge shouldn’t be influenced by political parties.

– Each state has at least one district court.• If someone feels that the decision made in

district court was unfair, they may ask to have their case heard by a court of appeals.–The court of appeals judges decide whether or

not the lower courts tried the case properly.» If the losing side in the appeals court wants

to, they may send their case to the Supreme Court.

The Supreme CourtThe Supreme Court• There are 9 justices.

– When a seat becomes vacant, the president nominates someone, but Congress must approve them.

• Thousands of cases are sent to the S.C. each year, but the justices only have time to review about 100 cases.

• Cases that are chosen must involve important constitutional or public interest matters.– Dred Scott v. Sandford – 1857 “people of African

ancestry are not “citizens” under the Constitution and therefore do not have citizen’s rights”.

– Brown v. Board of Education – 1954 “Separate is not equal.”

– Roe v. Wade – 1973 Abortion and the Right to Privacy

The Bill of Rights The Bill of Rights Section 2 – 248-253

• James Madison (Federalist) promised that a bill of rights would be added to the Constitution.– He drafted a list which was then submitted to

Congress.• Congress approved 12 amendments, and

the states ratified 10.–These first 10 amendments to the

Constitution are called the Bill of Rights and are designed to protect U.S. citizens’ individual liberties.

The First AmendmentThe First Amendment• The most basic rights of all U.S. citizens.– Freedom of Religion = The government cannot

support or interfere with the practice of any religion.

– Freedom of Speech and Press = This allows Americans the right to express their own views and hear the views of others.• Not protected by the First Amendment are:–Slander = false statements meant to

damage someone’s reputation.–Libel = Intentionally publishing a lie that

hurts another person.– “Crying Wolf”

The First AmendmentThe First Amendment• The First Amendment also protects:– Freedom of Assembly = Any group of people

may gather to discuss issues or conduct business as long as the gathering is peaceful and does not involve any illegal activity.

– Freedom of Petition = Any American may submit a petition to a government official to show their dissatisfaction with a law or to suggest a new law.

Protecting CitizensProtecting Citizens• The Second Amendment:– Each state needs to have a militia (National

Guard).• NG troops serve in wars and help restore

order during crisis such as natural disasters (Hurricane Katrina).

– The right to bear arms.• Any citizen may posses a non-military

firearm provided they are not a convicted felon and have met the eligibility requirements set forth by the state in which they live.

Protecting CitizensProtecting Citizens• The Third Amendment:

– No Quartering:• The Military cannot force citizens to give housing

to soldiers.• The Fourth Amendment:

– No Unreasonable Search and Seizures:• Before authorities search someone’s property,

they must get a search warrant.– A judge will issue a search warrant if they have

been shown by the authorities that it’s necessary.

– The police may conduct an emergency search, without a warrant if they feel a suspect is trying to destroy evidence or hide a weapon.

The Rights of the AccusedThe Rights of the Accused• The Fifth Amendment:– The government cannot punish anyone for a

crime without Due Process of law.• The law must be used fairly.

– People cannot be forced to testify against themselves in their own trial.• “Taking the Fifth.”

The Rights of the AccusedThe Rights of the Accused• The Fifth Amendment continued:

– Anyone found not guilty in a criminal trial cannot face double jeopardy.• That person cannot be tried for the same crime again.

– No one will have their property taken without due process of law.• Except:

– The government’s power of Eminent Domain = Personal property can be taken if it benefits the public.» Example: taking private property to build a

public road.» The government must pay full-market value for

the property.» If the property is owned illegally, the

government doesn’t have to pay anything.

The Rights of the AccusedThe Rights of the Accused• The Sixth Amendment:

– Anyone indicted for a crime must have a quick public trial by a jury.

– The accused person has the right to know the charges against him or her.

– The accused can hear and question the witnesses testifying against him or her.

– The accused is protected by the Miranda Warning:• “You have the right to remain silent, anything you

say can be…”

The Rights of the AccusedThe Rights of the Accused• The Seventh Amendment:– Juries can decide civil cases.• Someone may cause physical or financial

harm to someone else without committing a crime.–Example: not paying back a loan

• The injured party may sue for damages in civil court.

Bail and PunishmentBail and Punishment• The Eighth Amendment:

– Defendants are allowed to post bail.• Money that defendants promise to pay the court

if the do not appear at the proper time.– This allows a defendant to not have to stay in

jail during the trial.– A judge is allowed to not set bail if they feel

the defendant is a flight risk.– Cruel and Unusual Punishment is banned.

• The Death Penalty is still up for debate.

The Rights of States and CitizensThe Rights of States and Citizens• The Ninth Amendment:

– The rights listed in the Constitution are not the only rights that citizens have.• Example: free and public education from

elementary to high school.• The Tenth Amendment:

– The states and the people have additional powers beyond those specifically mentioned in the Constitution.• This amendment protects citizens rights by

keeping a balance of power between the federal and state governments.

Becoming a U.S. Citizen Becoming a U.S. Citizen Section 3 – 254-259

• People can become U.S. citizens in several ways:– Automatic citizenship to anyone born in the U.S. or one

of the commonwealths it controls.• Puerto Rico is a commonwealth

– Naturalized Citizen = A person of foreign birth who is granted full citizenship.• Naturalized Citizens can lose their citizenship and

cannot be president or vice president.– People born in a foreign country can become citizens if

one of their parents is a citizen.

Becoming a U.S. CitizenBecoming a U.S. Citizen– Requirements to become a naturalized citizen:

• Must be a legal immigrant and living in the U.S. for at least five years.

• Must be financially self-supporting or have someone who has agreed to support them.

• Must prove to be law-abiding and of good moral character.

• Must pass a series of tests to prove they can read, write, and speak English.

• Must have a basic understanding of U.S. history and government.

• Must pass a U.S. Immigration and Naturalization Service (INS) background investigation.

Duties of a CitizenDuties of a Citizen• For a representative democracy to work, citizens

must fulfill their civic responsibilities.– Ways that they can do this are:• Voting–Following the laws that the leaders

they’ve voted for have created.• Respecting authority and the rights of

others.–Parents, Police Officers, Teachers, etc.

Duties of a CitizenDuties of a Citizen• Citizens should also:

– Pay Taxes• Taxes support our country’s ability to:

– build roads, support education, have a military, etc.

– Protect and Defend the Nation• Serve in the military, support the war effort at

home– Serve Jury Duty

• Doing this supports the Sixth Amendment’s “right to a trial by jury.”

Community ServiceCommunity Service• Becoming a volunteer is an excellent way to

serve your community.– Many small, rural communities rely heavily on

volunteers.– Some groups that promote volunteerism are:• American Red Cross, Habitat for Humanity,

Boy Scouts and Girl Scouts of America