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The Executive and Judicial Branch

The Executive and Judicial Branch. The President and His Job Foreign Policy The Federal Courts The Supreme Court. The President and his Job. Qualifications Head of the Executive Branch of Gov’t Must be at least 35, a native born American, and be a resident in the US for at least 14 years

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The Executive and Judicial Branch

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  1. The Executive and Judicial Branch The President and His Job Foreign Policy The Federal Courts The Supreme Court

  2. The President and his Job Qualifications • Head of the Executive Branch of Gov’t • Must be at least 35, a native born American, and be a resident in the US for at least 14 years • President elected every 4 years- not by direct democracy • Electoral College- group of electors from each state who then vote for president • When you vote, you are voting for a particular candidate’s electors • Each state has same number of electors as senators and reps combined (NC-15) • 22nd Amendment- Pres. can only serve 2 terms (FDR served for 4, then law put in place) • Makes $400,000/yr; lives in White Houses; uses Camp David in Maryland for diplomatic purposes The Vice President • VP has little authority- head of Senate • Becomes Pres. if he dies-8 Pres. have died in office • 25th Amendment- When VP becomes P- VP chooses new VP, House and Senate approves

  3. The President and his Job The President’s Job • President is the most powerful public official in US • Roles • Chief Executive-Carry out laws passed by Congress • Give annual State of the Union Address • 15 Cabinet Departments (Secretary of War, Education, etc) • Issues executive orders- giving commands that has the force of law • Integrate armed forces • Appointed Supreme Court Justices, grant pardons (forgive), reprieves (delays a person’s punishment) and amnesty (pardon toward group of people) • Commander in Chief- in charge of armed forces, only Congress can declare war, but a President can send troops • Legislative Leader- urges Congress to pass certain laws (speeches, staff) • Head of State- living symbol of nation • Economic Leader- Plan/Balance federal budget • Party Leader

  4. Foreign Policy Foreign Policy • The Pres. should have a plan for dealing with foreign countriesforeign policy 1. Pres. wants to make sure national security is maintained keep country safe 2. Keep up international trade 3. Promote world peace 4. Promote democracy around the world • State Dep., Defense Dep., CIA and National Security Council • Foreign Policy power divided b/t President and Congress • President is Commander in Chief • Congress has power to declare war and control money

  5. Foreign Policy Tools of Foreign Policy 1. Create Treaties- make formal agreements • Congress can bypass with a 2/3 vote, but Pres. can order executive agreement 2. Appoint Ambassadors- name an official representative of the US to another country 3. Foreign Aid- Money, Food, military assistance to countries in need 4. International Trade- make decisions on what is traded and how much • Trade Sanctions- punish another nation by limiting trade • Embargo- punish other nations by refusing to trade with them 5. Military Force

  6. US Embassy London

  7. Office of the President The Office of the President • President has an administration- staff that helps him run the country • He has 10-12 ppl working for him- Chief of Staff highest position Cabinet • Presidential advisors that includes the heads of the 15 top level positions (Secretary of State, Secretary of Education, etc.) • Secreataries advise president on issues related to their department The Federal Bureaucracy • Beneath the cabinet, millions of people work for WashingtonFederal Bureaucracy • Executive Branch has 3 major jobs • Turn new laws into action • See to day to day operations • Regulate Activities (banks, airlines)

  8. Rahm Emanuel- White House Chief of Staff Cabinet Room- White House

  9. Office of the President Independent Agencies • White house has hundreds of independent agencies- not part of the cabinet • Three different types • Executive Agencies- deal with specialized areas (NASA) • Government Corporations- businesses owned by fed. gov’t (USPS) • Regulatory Boards- Protect the public by monitoring industries (FCC) • Government Workers • Most top leadership jobs go to political appointees- roles the pres. has chosen for ppl. • Most gov’t workers are civil service workersnon political jobs. • Gov’t hires based on experience and merit, not the spoils system, which granted jobs to people as a reward

  10. The Federal Courts The Federal Court System • Courts use laws passed by Congress to settle civil disputes and to decide the guilt or innocence of people accused of a crime • Court system tries to make justice equal • Everyone has writ of habeus corpus • If you can’t afford a lawyer, one will be appointed for you • You are considered innocent until proven guilty • You may ask for a review of your case if you think they made a mistake • Judiciary Act of 1789&1891- establish Federal Court System • Supreme Court- highest court • Appeals Court • District Courts

  11. The Federal Courts • Constitution gives courts jurisdiction (permission) to hear 8 different kinds of cases • Constitution cases • Violation of federal laws- counterfeiting • Conflict b/t states • Disputes b/t citizens from different states • Federal gov’t cases • Foreign gov’t cases- US vs. Foreign countries • Crimes occurring on high seas • US Diplomat cases

  12. The Federal Courts Organizing Federal Courts • District Courts- trials start here (94 in all) • District courts hold original jurisdiction- right to hear all cases first • Judge and Jury • Court of Appeals-Review decisions made in district courts (12 in all) • Appeals court has appellate jurisdiction- ability to hear cases from lower court • Appeals court does not hold trialsuphold, reverse, or remand the decision (send it back to lower court) • Federal Judges- over 550 judges in all • Federal judges are appointed by president; approved by Senate • Justices are appointed for life

  13. Federal Court Districts across the US

  14. The Supreme Court The Supreme Court • SC job is make sure laws are allowable under the Constitution • Original Jurisdiction in 2 cases: Cases involving foreign diplomats and states • 8 associate justices and 1 chief justice • SC chooses which cases to hear, the justices review the case and then make a written report on their decision • President appoints SC justices, with approval from Senate-S. often rejects appointee

  15. The Supreme Court • SC justices always are lawyers- normally support and agree with President • Thurgood Marshall(first AA judge) and Sandra Day O’Conner (first female judge) • Legislative and Executive Branch must follow rulings of SC • SC establishes Judicial Review- the power to say whether a law passed by Congress is Constitutional or not • Marbury vs. Madison- Court case granting SC Judicial Review • John Marshall • Limits on SC • Congress can change a law to get around SC ruling • All SC cases have to be Federal in nature

  16. Thurgood Marshall Sandra Day O’Conner

  17. The Supreme Court Deciding Cases at the Supreme Court • SC hears cases from October to July • Most cases heard come from an appeals court and take about 4 weeks to hear • 2 weeks for statements, 2 weeks for recess (make a decision) • If a case is accepted they get put on a calendardocket Steps in Decision Making • Written Argument: lawyers for each side make a brief (explains the case) • Oral Argument: Lawyers for each side argue their case • Conference: Justices gather to discuss the caseat least 6 justices must be present to make a decision • Opinion Writing: Once a decision is reached, one justice is elected to write an official opinion of the justice’s decision • Majority Opinion: views of majority of justices • Concurring Opinion: Justice who agrees with majority, but for different reasons • Dissenting Opinion: Justice who opposes majority decision • Announcement

  18. The Supreme Court Reasons for Decisions • The Law “stare decisis”- let the decision stand • Changing social conditions • Plessy vs. Ferguson- “separate but equal” • Brown vs. Board of Education- reverses Plessy decision • Personal Beliefs

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