Government: How it works for you. Did you know there are three branches of the Federal Government? Executive…

Government: How it works for you

Did you know there are three branches

of the Federal

Government?

Executive

Legislative

Judicial

The President of The United States is the head of the

Executive Branch

•The Secretary of Agriculture

•The Secretary of the Interior •The Secretary of Commerce

•The Secretary of Education •The Secretary of Health and Human Services •The Secretary of Homeland Security •The Secretary of Housing and Urban Development •The Secretary of Transportation

•The Secretary of Veterans' Affairs

The Executive Branch also includes the Vice President and other officials, such as members of the

cabinet.•The Secretary of State

•The Secretary of Labor •The Secretary of the Treasury •The Secretary of Energy •The Secretary of Defense •The Attorney General

The legislative branch is

made up of the two

houses of Congress- the

Senate and the House of Representati

ves.

•Most important duty of the legislative branch is to make laws •There are 100 senators in the senate, two from each state •There are 435 representatives in the House of Representatives. The number of representatives is based on each state’s population. Maryland has eight members

Do you know how a bill becomes a law? We know that the legislative branch makes them, but do we know how?

Did you know that each state’s constitution also separates power between three

branches of government? Maryland, like

the federal government has

Executive, Judicial and Legislative branches of

government to protect its citizens.

The Governor is the head of the state executive branch. The executive branch also includes the Lieutenant Governor, Attorney General, Secretary of State,

State Treasurer, State Auditor and the State Land Commissioner.

The United States

Supreme Court is

the head of the Judicial

Branch

The judicial branch oversees the court system of the United States. •Explains the meaning of the Constitution and laws passed by Congress •Rules on whether something is unconstitutional or constitutional

•On the Supreme Court there are nine justices, or judges; eight associate and one chief justice. •Judges are nominated by the President and approved by the Senate. •Have no term limits. •Supreme Court is the highest court in the land. •Its decisions are final, and no other court can overrule their decisions.

The state judicial branch is made up of five court systems: •The Maryland Supreme Court•Maryland Court of Appeals•Circuit Courts•District Courts•County Courts

Today’s Court……

Picture no longer accurate: Justice Stevens (front row) has retired

John Roberts• Chief Justice • Appointed by George

W. Bush.• Took his seat on High

Court on 9/25/05.• Graduate of Harvard

and Harvard Law• Born 1/27/55• Right leaning….

Anthony Kennedy• Associate Justice• Appointed by Ronald

Reagan.• Took his seat on the High

Court on 2/18/88.• Graduated from Stanford

and Harvard Law.• Born 7/23/36.• Moderate….

Clarence Thomas• Associate Justice• Appointed by

George HW Bush.• Took his seat on the

High Court on 10/23/91.

• Graduate of Holy Cross and Yale Law

• Born 6/23/48.• Right leaning….

Antonin Scalia• Associate Justice• Appointed by Ronald

Reagan.• Took his seat on the

High Court on 9/26/86.• Graduate of Georgetown

and Harvard Law.• Born 3/11/36.• Right leaning….

Samuel Alito • Associate Justice.• Appointed By George

W. Bush.• Took his seat on the

High Court on 1/31/06.• Graduate of Princeton

and Yale Law.• Born 4/1/50.• Right leaning….

Ruth Bader Ginsburg

• Associate Justice• Appointed by

William Clinton.• Took her seat on the

High Court on 8/10/93.

• Graduate of Cornell and Columbia Law.

• Born 3/15/33.• Left leaning….

Stephen Breyer• Associate Justice.• Appointed by William

Clinton.• Took his seat on the

High Court on 8/3/94• Graduate of Stanford

and Harvard Law.• Born 8/15/38.• Left leaning….

Sonya Sotomayor• Associate Justice• Appointed by Barak

Obama• Took her seat on the

High Court in 2009• Graduate of Princeton

and Yale Law School• 6/ 25/54 • Not sure which side

will lean towards, assumed Right leaning

Elena Kagan• Associate Justice• Appointed by Barak

Obama• Took her seat on the

high court in 2010• Graduate of Princeton

and Harvard Law School

• Born 11/28/1960• Assumed Right leaning,

but has not heard a case yet

Some cases

MARBURY V MARBURY V MADISION 1803MADISION 1803• PRESIDENT ADAMS APPOINTS MARBURY

LAST MINUTE TO PACK COURT.• MADISON DOES NOT COMPLY.• DECISION.

– ESTABLISHED JUDICAL REVIW.• RIGHT OF S.C. TO DECLARE ACTS OF

LEG AND PRES. UNCONSTITUTIONAL

DRED SCOTT V. SANFORD 1857

• SCOTT A SLAVE IS SUEING FOR HIS FREEDOM BASED ON THAT HE IS IN FREE TERRITORY.

• S.C. DECISION.– BLACKS ARE NOT

CITIZENS OF THE U.S. AND MAY NOT SUE FOR FREEDOM OF A CITIZEN.

– VOIDED THE MISSOURI COMPROMISE WHICH OUTLAWED SLAVERY IN TERRITORIES.

PLESSY V. FERGUSON 1896

• COURT CLAIMED THAT SEPARATE BUT EQUAL PUBLIC FACILITIES WAS CONSTITUTIONAL, INCLUDING PUBLIC EDUCATION.

BROWN V BOARD OF ED. 1954

– OVERTURNED PLESSY V. FERGUSON THAT ESTABLISHED SEPARATE BUT EQUAL PUBLIC FACILITIES.

• DECISION.– SEPARATE BUT

EQUAL IN SCHOOLS VIOLATED THE 14TH AMENDMENT.

– SCHOOLS NEEDED TO BE FULLY INTERGRATED.

ABINGTON SCHOOL DISCTRICT V.

SCHEMPP 1963• PUBLIC SCHOOL DISTRICT HAD BIBLE VERSE TO

BEGIN EACH DAY.• FAMILY SUED FOR VIOLATION OF 1ST AMENDMENT.• COURT RULING

– REAFFIRMED EARLY RULING OF SEPARATION OF CHURCH AND STATE.

– NO RELIGION CAN COME FROM PUBLIC SOURCES.

MIRANDA V. ARIZONA 1966

• ERNESTO MIRANDA ARRESTED AND NOT GIVEN HIS RIGHTS BEFORE BEING ARRESTED.

• DECISION.– POLICE CANNOT TAKE A

PERSON INTO CUSTODY AND QUESTIONED WITHOUT NOTIFYING THAT PERSON OF THEIR RIGHTS.

– ENSURE PERSON DOES’T GIVE UP THEIR 5TH AMENDMENT OF SELF INCRIMINATION.

IN RE GAULT 1967• GAULT, A MINOR, WAS HELD WITHOUT PARENTAL NOTICE AND

WITHOUT HIS 14TH AMENDMENT RIGHTS OF DUE PROCESS THAT ARIZONA JUVENILE CODE DID NOT PROVIDE.

• DECISION.– S.C. FOUND THAT JUVENILES ARE GIVEN THE SAME RIGHTS

AS PROVIDED TO ADULTS IN THE 14TH AMENDMENT.– ALL AMENDMENTS ARE FOR ALL PEOPLE OVER AND UNDER

18.

"Under our Constitution, the condition of being a boy does not justify a kangaroo court."

TINKER V DES MOINES SCHOOL DISTRICT. 1969• SCHOOL ADOPTED A POLICY

BANNING ARMBANDS WORE IN SCHOOL. STUDENTS DID AND WERE SUSPENDED. VIOLATE 1ST AMENDMENT.

• DECISION.– STUDENTS AND TEACHER

DO NOT GIVE UP 1ST AMENDMENT WHEN IN SCHOOL.

– SCHOOLS CANNOT SUSPEND FOR ARMBANDS THAT MAKE A PURE SPEECH ACTION.

– HOWEVER, STUDENTS DO GIVE UP CERTAIN RIGHTS IN SCHOOL IF IT IS VULGUR, OFFENSIVE, OR DISRUPTIVE

NEW JERSEY V. T.L.O 1985.

• STUDENT WAS FOUND TO HAVE DRUGS DURING A SEARCH OF HER PURSE.

• 4TH AMENDMENT ISSUE OF PROBABLE CAUSE, & ARE SCHOOL OFFICIALS UNDER THE SAME RESTRICTIONS OF POLICE?

• COURT RULING.– SCHOOL OFFICIALS DO

NEED PROPABLE CAUSE TO SEARCH, BUT NOT A WARRANT.

– SCHOOL SAFETY IS OVER STUDENT PRIVACY.

– THE SEARCH IN THIS CASE WAS LEGAL DUE TO PROBABLE CAUSE.

LEANDRO V. N.C. 1994• LAWSUIT INVOLVED THE

CHALLENGE ON HOW THE STATE FUNDS SCHOOLS AND THE EQUAL EDUCATION LAW.

• DECISION:– THE STATE CONSTITUTION DOES NOT

REQUIRE EQUAL FUNDING OF EDUCATION BUT A GUARANTEE OF A FREE, BASIC, PUBLIC EDUCATION