Georgia and the American Experience Chapter 14: With Liberty and Justice, the Federal Government Study Presentation ©2005 Clairmont Press.

Georgia Georgia and the American Experienceand the American Experience

Chapter 14: Chapter 14:

With Liberty and With Liberty and Justice, the Federal Justice, the Federal

GovernmentGovernment

Study Presentation Study Presentation ©2005 Clairmont Press

Georgia Georgia and the American Experienceand the American Experience

Section 1: Section 1: Toward a New Constitution

Section 2: Section 2: The Legislative Branch of Government

Section 3: Section 3: The Executive Branch of Government

Section 4: Section 4: The Judicial Branch of Government

©2005 Clairmont Press

Section 1: Toward a New Section 1: Toward a New ConstitutionConstitution

• ESSENTIAL QUESTION:– What were the main elements of the

Constitution of 1787?

Section 1: Toward a New Section 1: Toward a New ConstitutionConstitution

– conservative– infrastructure– republic– proportional

representation– Great Compromise– Three-Fifths

Compromise

– electoral college– sovereignty– Federalists– Antifederalists– electorate– constitutionalism– separation of powers– checks and balances– federalism

• What words do I need to know?

Toward a New ConstitutionToward a New Constitution• Articles of Confederation: rules that

governed United States after the Revolutionary War

• Weaknesses of the Articles: – congress could not pay soldiers– states could not be forced to pay– trade between states not regulated – trade with other countries not controlled

• George Washington and other leaders agreed to gather to discuss the problems

The Constitutional ConventionThe Constitutional Convention

• 1787: Constitutional Convention met in Philadelphia

• Fifty-five representatives attended

• George Washington presided over the convention

• Most members well-educated and conservative

• Delegates knew problems of the weak national government and sought solution

A Republican Form of A Republican Form of GovernmentGovernment

• Delegates studied many types of government

• republic: a form of government in which power resides with the citizens who elect representatives to make laws

• James Madison described a government in which a large number of people voted for the representatives

Organizing GovernmentOrganizing Government

• Large states and small states had different interests

• Virginia Plan: – strong national government– three branches (legislative, judicial, executive)– legislative branch (House of Representatives and

Senate) elected by proportional representation (large states get more votes)

• Small states did not like Virginia Plan because they could be dominated by large states

• New Jersey Plan: gave more power to small states, but had a weak national government

The Great The Great CompromiseCompromise

• Equal Representation: each state would have equal votes in Congress – favored by small states

• Great Compromise, or Connecticut Compromise: House of Representative would have “proportional representation” and Senate “equal representation”

Compromises on SlaveryCompromises on Slavery

• Slaves were a large part of population in the South

• Debate as to whether to count slaves in “proportional representation” of House of Representatives

• Three-Fifths Compromise: States were allowed to count 3 of every 5 slaves in their census for purposes of representation

• Agreed to stop importing slaves after 1808

Compromise on the PresidencyCompromise on the Presidency

• Should citizens or Congress elect the President?

• Decided on electoral college system:– Each state’s legislature allowed to have as

many “electors” as they had members of Congress

– State representatives voted for the electors who would vote for President and Vice-President

RatificationRatification• ratification: to approve or make valid• September 17, 1787: Constitution approved • Federalists: people who wanted a strong

national government• Antifederalists: wanted states to have more

power than national government• By 1791, ten amendments approved – known as

The Bill of Rights – to protect citizens’ rights• Delaware was first state to ratify; Georgia was

the fourth state to ratify• June 1788 – Constitution ratified by 9 states and

becomes the framework for US government

Principles of the U.S. Principles of the U.S. GovernmentGovernment

1. Sovereignty: supreme power of government rests with the people

• electorate (voters) choose leaders to make laws and run the country

• US is not a “democracy” but a representative democracy or republic

2. Constitutionalism: all representatives are bound by the rules of the Constitution

• lawmakers cannot just make up laws as they see fit

3. Federalism: national government and state governments share power and authority

Click to return to Table of Contents.

Section 2: The Legislative Section 2: The Legislative Branch of GovernmentBranch of Government

• ESSENTIAL QUESTION:–What is the role of the legislative

branch of government?

Section 2: The Legislative Section 2: The Legislative Branch of GovernmentBranch of Government

• What words do I need to know?– expressed powers– implied powers– elastic clause– bill– veto

The Members of CongressThe Members of Congress

• First article of the Constitution described the legislative branch

• Congress is at the head of this branch

• Congress is “bicameral” or has two bodies (parts): House of Representatives and Senate

The SenateThe Senate• 100 members – two from each state• Qualifications:

1. 30 years old

2. citizen of US for nine years

3. must be resident of state represented

4. Senators elected by the people (17th Amendment)

5. six year term

6. one third of senators are up for re-election every two years

• Vice President of US is president of the Senate – presides over sessions

• President Pro Tempore, majority leader, minority leader are other senate leaders

House of RepresentativesHouse of Representatives• 435 members – the number of representatives

is based on a state’s population• Reapportionment happens every 10 years• Georgia has 13 representatives based on the

2000 census• Qualifications:

1. 25 years old

2. citizen of US for seven years

3. must be resident of state represented

4. two year term

• Speaker of the House and majority leader are leaders in the House

The Powers of Congress

• expressed powers: written in the Constitution• implied powers: derive from the expressed

powers, but not written specifically• elastic clause: Article 1, Section 8 stretches the

power of Congress to include implied powers• House may impeach, but Senate holds

impeachment trials• House must start revenue bills, but Senate must

ratify treaties and confirm presidential appointments

How Congress Operates• Committees used to organize work of Congress• standing committee: monitor federal agencies• select committee: deal with specific issues and can be

formed at any time• conference committee: works out compromises between

the House and Senate • joint committee: members from House and Senate to deal

with a national issue• Congressmen sit on several committees• subcommittee: part of a larger committee assigned to a

particular task• Committees do their work through hearings and

investigations

How Laws are Made• bill: a proposed law• Bills must be introduced by a sponsor

(Congressman) who will work to get the bill voted into law

• Subcommittees and Committees will discuss and modify the bill before it is voted on

• The House and Senate must agree on the bill before it can go to the president to sign or veto

• If the president signs the bill, it becomes law; if it’s vetoed, it can only become a law if two-thirds of vote of each house of Congress

• Note: if the president fails to sign or veto within 10 days, the bill becomes law

Click to return to Table of Contents.

Section 3: Section 3: The Executive Branch of The Executive Branch of

GovernmentGovernment

• ESSENTIAL QUESTION– What is the role of the executive

branch of government?

The Executive Branch of The Executive Branch of GovernmentGovernment

• The president has enough power to do the job, but the Constitution keeps him from having too much power

• Founding fathers did not want another king

• In the beginning, the Electoral College had the job of choosing the president

The Electoral CollegeThe Electoral College• electors: members of the Electoral College

chosen from each state• Electors vote for the president; citizens vote for

electors, not directly for the president• 538 electors: number matches the number of

senators and representatives from each state• The candidate with the most votes in a state

gets all the electors • Electors are not legally bound to vote for the

candidate chosen by the state’s citizens• Electors meet in their state’s capitol; votes sent

to the president of the Sentate• Inauguration Day is January 20 following the

election in November

Parts of the Executive BranchParts of the Executive Branch• President & Vice President Qualifications

– 35 years old– natural-born citizen– resident of US for 14 years– limited to two consecutive terms (22nd Amendment)

• Vice president takes over if president dies, resigns, or is removed from office

• Speaker of the House and other leaders in line to take over if vice president cannot take over

• Executive bureaucracy: Office of the President, Cabinet, independent agencies, regulatory commissions, government corporations

Executive Office of the PresidentExecutive Office of the President

• Leaders serve the president and can be fired at any time

• Includes:– Office of Management & Budget– National Security Council– Council of Economic Advisors

The CabinetThe Cabinet

• Members advise the president

• Serve as heads of the executive departments

• Members appointed by the president and approved by the Senate

• Currently 15 members

Independent AgenciesIndependent Agencies

• Serve public interest and keep government running smoothly

• EPA: Environmental Protection Agency – example of independent agency, supervises efforts to clean air and water

• GSA: General Services Administration – oversees spending by the government

Federal Regulatory Federal Regulatory CommissionsCommissions

• Have power to make rules and punish violators

• Leaders appointed by the president

• Examples:– FCC: Federal Communications Commission– SEC: Securities & Exchange Commission– FDA: Food & Drug Administration

Government CorporationsGovernment Corporations

• Established to provide products or services for the American people

• Examples:– FDIC: Federal Deposit Insurance Corporation –

insures bank deposits and protects banking customers

– USPS: United States Postal Service

Click to return to Table of Contents.

Section 4: The Judicial Section 4: The Judicial Branch of GovernmentBranch of Government

• ESSENTIAL QUESTION– What is the role of the judicial branch

of government?

Section 4: The Judicial Section 4: The Judicial Branch of GovernmentBranch of Government

• What words do I need to know?– judicial review

Judicial Branch of Judicial Branch of GovernmentGovernment

• Supreme Court

• Lower federal courts a part of this branch

• Decide the meaning and interpretation of the Constitution and laws

• Protects citizens from mistreatment by other branches of government

The Supreme CourtThe Supreme Court

• Highest court in USA

• Chief justice plus eight associate justices

• Decides cases involving foreign countries or between states

• Reviews decisions of lower courts

• judicial review: ability to set aside actions of the legislative or judicial branch

• Chief justice presides over impeachments

Other Federal CourtsOther Federal Courts

• Congress established federal circuit court districts

• Georgia has three district court regions

• US Court of Appeals for 11th Circuit is in Atlanta

• Bankruptcy courts are a part of this system

Special CourtsSpecial Courts

• Courts for special purposes

• Examples:– Tax Court– US Court of Appeals for Armed Forces– US Court of International Trade– US Court of Federal Claims

The System of The System of Checks and BalancesChecks and Balances

• Constitution keeps the branches of government equally important

• Sometimes the branches of government do not get along well – conflicts can arise if one branch tries to find a way around another

Click to return to Table of Contents.

Click to return to Table of Contents.