US History - Constitution Day 6 - Three Branches

EQ: What are the three (3) Branches of Government and How do they work together to form a more perfect union?

Do Now: What does a tree and the U.S. Government have in common?


Lesson Overview
Utilized	Activity	Time Allocated	Mode of Activity
____	Do Now	_________ / 2-5 Min	(Individual / Think-Pair-Share / Pair / Group #____)
____	Mini Lesson	_________/ 15-20 Min	(Individual / Think-Pair-Share / Pair / Group #____)
____	Activity	_________ / 20-30 Min	(Individual / Think-Pair-Share / Pair / Group #_____)
____	Discussion/Exit Ticket	_________ / 5-10 Min	(Individual / Think-Pair-Share / Pair / Group #____)
____	Assessment	_________ / 10-40 Min	(Individual / Think-Pair-Share / Pair / Group #____)
____	Conferencing	_________ Min	(Individual / Pair / Group #____ / Throughout Class Period)

Three Branches of Government

The Founding Fathers, the framers of the Constitution, wanted to form a government that did not allow one person to have too much authority or control. While under the rule of the British king they learned that this could be a bad system. Yet government under the Articles of Confederation taught them that there was a need for a strong centralized government.

With this in mind the framers wrote the Constitution to provide for a separation of powers, or three separate branches of government. Each has its own responsibilities and at the same time they work together to make the country run smoothly and to assure that the rights of citizens are not ignored or disallowed. This is done through checks and balances. A branch may use its powers to check the powers of the other two in order to maintain a balance of power among the three branches of government.

The three branches of the U.S. Government are the legislative, executive, and judicial.

Legislative Branch

The legislative branch of government is made up of the Congress and government agencies, such as the Government Printing Office and Library of Congress, that provide assistance to and support services for the Congress. Article I of the Constitution established this branch and gave Congress the power to make laws. Congress has two parts, the House of Representatives and the Senate.

Main roles and powers:

To pass legislation (laws)
Declare war
Regulate trade
Regulate money
Impeach federal officials
Override presidential vetoes (2/3 vote in each house)

Special powers & Responsibilities:

Senate:

Approve presidential nominations to the federal courts (including the Supreme Court, by majority vote)
Approve presidential appointments to federal positions (by a majority vote)
Approve treaties (by 2/3 vote)
Serve as jury in impeachment trials
Select a Vice-President if the electoral college fails to

House of Representatives:

Originate all spending ($$) bills
Serve as prosecution in impeachment trial
Select a President if the electoral college fails to

Requirements and terms of service:

Senate:

Term: Senators serve unlimited 6 year terms, elected by popular vote** (**note: The original Constitution called for Senators to be elected by the state legislatures, the 17th amendment changed this to a popular vote)

Requirements: Senators must be over 30, 9 year citizens of the US and a resident of the state

House of Representatives:

Term: Representatives serve unlimited 2 year terms, elected by popular vote

Requirements: Representatives must be over 25, 7 year citizens of the US and a resident of the district which they represent

Representation:

Senate:

Representation: Each state has 2 Senators

House of Representatives:

Representation: Each state's number of representatives is proportional to population. The number of Representatives is fixed at 435 and division among the states is determined by the census (population count) conducted ever 10 years as required by the Constitution.

Congress

The U.S. Congress is made up of two parts, the House of Representatives and the Senate. Congress meets at the U.S. Capitol in Washington, D.C. Its primary duty is to write, debate, and pass bills, which are then passed on to the President for approval.

Other Powers of Congress

Makes laws controlling trade between states and between the United States and other countries.
Makes laws about taxes and borrowing money.
Approves the making of money.
Can declare war on other countries.

Each Congress lasts for two years. When the two years are over, new Members of Congress are elected. We are currently in the 110th Congress. Congress meets once every year and usually last from January 3rd to July 31st, but in special cases, it can last longer.

The way that states are represented in the House and the Senate is different. Why is this? Well, when the Founding Fathers were drafting the Constitution, there were debates over how states would be represented. States with larger populations wanted more representation than states with smaller populations. Meanwhile, states with smaller populations favored equal representation. So, a compromise was made -- Representation in the Senate would be equal, while representation in the House would be based on population.

House of Representatives

In the House, representation is based on the number of people living in each state. There are a total of 435 representatives in the House. Each member represents an area of the state, known as a congressional district. The number of representatives is based on the number of districts in a state. Therefore, states with larger populations have more representation than states with smaller populations. Each state has at least one congressional district and therefore one representative in the House. Representation in the House is based on population.

Representatives must:

Be at least 25 years old.
Be a U.S. citizen for the past 7 years.
Live in the state they represent.

Each representative serves a term of 2 years. When the term is over, people from that state may choose to elect a new representative or keep the same one. There is no limit on the number of terms a representative can serve.

The House has special jobs that only it can do. It can:

Start laws that make people pay taxes.
Decide if a government official should be put on trial before the Senate if s/he commits a crime against the country.

Senate

Each of the 50 states sends 2 people to the Senate, so there are a total of 100 senators. This means that each state has equal representation in the Senate. Each senator serves a term of 6 years. When their 6 year term is over, the people from that state may choose to elect a new senator or keep the same one. There is no limit on the number of terms a senator can serve.

Representation in the Senate is the same for each state. Senators must:

Be at least 30 years old.
Be a U.S. citizen for the past 9 years.
Live in the state they represent.

The Senate has special jobs that only it can do. It can:

Say yes or no to any treaties the president makes.
Say yes or no to any people the president recommends for jobs, such as cabinet officers, Supreme Court justices, and ambassadors.
Can hold a trial for a government official who does something very wrong.

Executive Branch

The executive branch of Government makes sure that the laws of the United States are obeyed. The President of the United States is the head of the executive branch of government. This branch is very large so the President gets help from the Vice President, department heads (Cabinet members), and heads of independent agencies.

President: Leader of the country(Chief Executive) and commands the military (Commander-in-Chief)
Vice President: President of the Senate and becomes President if the President can no longer do the job.
Departments: Department heads advise the President on issues and help carry out policies.
Independent Agencies: Help carry out policy or provide special services.

President

The President is the head of the executive branch and plays a large role in making America’s laws. His job is to approve the laws that Congress creates. When the Senate and the House approve a bill, they send it to the President. If he agrees with the law, he signs it and the law goes into effect.

If the President does not like a bill, he can refuse to sign it. When he does this, it is called a veto. If the President vetoes a bill, it will most likely never become a law. Congress can override a veto, but to do so two-thirds of the Members of Congress must vote against the President.

Despite all of his power, the President cannot write bills. He can propose a bill, but a member of Congress must submit it for him.

In addition to playing a key role in the lawmaking process, the President has several duties. He serves as the American Head of State, meaning that he meets with the leaders of other countries and can make treaties with them. However, the Senate must approve any treaty before it becomes official.

The President is also the Chief of the Government. That means that he is technically the boss of every government worker.

Also, the President is the official head of the U.S. military. He can authorize the use of troops overseas without declaring war. To officially declare war, though, he must get the approval of the Congress.

The President and the Vice-President are the only officials chosen by the entire country. Not just anyone can be President, though. In order to be elected, one must be at least 35 years old. Also, each candidate must be a natural-born U.S. citizen and have lived in the U.S. for at least 14 years. When elected, the President serves a term of four years. The most one President can serve is two terms, for a total of eight years.

Before 1951, the President could serve for as many terms as he wanted. However, no one had tried. After two terms as President, George Washington chose not to run again. All other Presidents followed his example until Franklin D. Roosevelt. Roosevelt successfully ran for office four times. Early in his fourth term, he died, in 1945. Six years later, Congress passed the 22nd Amendment, which limits Presidents to two terms.

President's Cabinet

Do you have friends that you turn to for advice? When the President wants advice he asks a group of people called the Cabinet. The purpose of the Cabinet is to advise the President. They are the President's closest and most trusted advisors. The Cabinet includes the Vice President, the heads of 15 executive branch departments, and other Government officials chosen by the President. The Cabinet meets at least once a week to discuss matters that effect the United States.

The 14 Secretaries from the executive departments and the Attorney General are nominated by the President, and they must be approved (confirmed) by a majority vote (51 votes) of the Senate. Nominees can not be a member of Congress or hold any other elected office. Executive department Secretaries and the Attorney General serve as long as the President is in office.

The following is a list of the 15 executive department agencies, when that department was created, and a brief description of the department. The list is organized by order of succession. More detailed information is available in the United States Government Manual.

Secretary of State

Department of State (1789)
Works with other countries.

Secretary of the Treasury

Department of the Treasury (1789)
Supervises the collection of taxes and the printing of money.

Secretary of Defense

Department of Defense (1947)
Oversees the armed forces.

Attorney General

Department of Justice (1870)
Enforces the U.S. Government's laws.

Secretary of Health & Human Services

Department of Health and Human Services (1953)
Looks after people's health and provides services including for conducting medical research, preventing diseases, assuring the safety of food and drugs; providing financial assistance low income families.

Secretary of Transportation

Department of Transportation (1966)
Oversees the nation's transportation system including highways, railroads, ports, and air travel.

Secretary of Education

Department of Education (1979)
Establishes guidelines and provides leadership to address American education. It helps local communities meet the needs of their students.

Secretary of Homeland Security

Department of Homeland Security (2003)
Works to prevent terrorist attacks within the United States,reduce America's vulnerability to terrorism, and minimize the damage from potential attacks and natural disasters.

Secretary of the Interior

Department of the Interior (1849)
Protects natural resources and wildlife.

Secretary of Agriculture

Department of Agriculture (1862)
Ensures a healthy food supply and provides support for farmers.

Secretary of Commerce

Department of Commerce (1903)
Promotes business and job opportunities for all Americans,responsible for all copyrights, patents, and trademarks; and oversees matters related to oceans, weather, and technology.

Secretary of Labor

Department of Labor (1913)
Oversees the interests of U.S. workers.

Secretary of Housing & Development

Department of Housing and Urban Development (1965):
Oversees housing needs, and focuses on improving and developing communities.

Secretary of Energy

Department of Energy (1977)
Researches and develops energy systems that are friendly to the environment, but are not too expensive.

Secretary of Veterans Affairs

Department of Veterans Affairs (1988)
Operates programs for veterans and their families.

Main Roles and Powers

As Chief Executive:

Enforce the laws passed by Congress
Issue executive orders, enforcing the law
Act as the head of the federal bureaucracy and all federal agencies
Nominate judges (including those to the Supreme Court, requiring Senate confirmation)
Appoint government officials (some requiring Senate confirmation, some not)

As Chief Diplomat:

Act a representative of the United States to foreign governments
Make treaties with foreign nations (require 2/3 vote in Senate for approval)
Extend or rescind diplomatic recognition of foreign nations

As Chief Legislator:

Propose a federal budget
Recommend proposed laws to Congress
Veto legislation
Approve legislation passed by Congress

As Commander-in-Chief of Armed Forces:

Supreme commander of all branches of US military
Authorize use of US military for up to 60 days (without approval of Congress or declaration of war)
Chief of State

Serve as ceremonial head of US Government

Special powers & Responsibilities:

Judicial:

Grant pardon (forgiving an individual of his/her crime(s))
Grant amnesty (forgiving a group of people of a specific class of crime)

Requirements and terms of service:

Terms: President serves a maximum of 2 terms of 4 years (**note: the original Constitution allowed of unlimited terms of service, this was revised by the 22nd amendment in 1951)

Requirements: President (or Vice-President) must over 35, a natural born citizen and a 14 year resident of the United States.

Judicial Branch

The judicial branch of US government is composed of the Supreme Court and all of the lower federal courts as created by Congress. The judicial branch was created by article III of the Constitution. The most significant power of the judicial branch is that of judicial review, first stated by Chief Justice John Marshall in the 1803 case of Marbury vs. Madison, but not expressly granted the court by the Constitution.

Main roles and powers:

Interpret (Judges) the laws
Exercise the power of judicial review
Chief Justice presides over trials of presidential impeachment

Judicial review:

Determine if laws passed by Congress are allowable by the Constitution
Determine if treaties negotiated by the President and approved by the Senate are allowable by the

Constitution:

Determine if actions by the President in enforcing the law are allowable by the Constitution
Determine if laws passed by states are allowable by the Constitutio

Jurisdiction (Supreme Court):

The Supreme Court hears cases of appeal from lower federal and state courts
The Supreme Court has original jurisdiction (may hear a case first) in cases involving a state vs. state matter or a branch vs. branch matter

Requirements and terms of service:

Terms: Judges serve for life, they are nominated by the president and approved by the Senate but may be removed by an impeachment proceeding

Requirements: There are no specific requirement for judgeship in the Constitution

Checks & Balances

The concept of checking and balancing power is a main concept in the U.S. Constitution. It ensures that no one branch of government has too much power.

Executive Branch Checks on the Legislative Branch

President has the power to veto laws passed by the Congress
Proposes laws to Congress
Submits the Federal Budget to the House of Representatives
Appoints federal officials, who carry out and enforce laws

Executive Branch Checks on the Judicial Branch

Nominates judges to the Supreme Court
Nominates judges to the federal court system
President has the power to pardon individuals convicted of crimes
President can grant amnesty, forgiving a class of crime

Legislative Branch Checks on the Executive Branch

Congress can overturn a Presidential veto with a 2/3 vote of both houses
Senate can reject proposed treaties (2/3 vote to approve)
Senate can reject presidential nominations of federal officials or judges
Congress can impeach and remove the President (House serves as prosecution, Senate serves as jury)

Legislative Branch Checks on the Judicial Branch

Congress can create lower courts
Senate can reject nominees to the federal courts/Supreme Court
Congress can amend the Constitution to overturn decisions of the Supreme Court
Congress can impeach judges and remove from the bench

Judicial Branch Checks on the Executive Branch

Supreme Court can use the power of judicial review to rule laws & regulations unconstitutional

Judicial Branch Checks on the Legislative Branch

Supreme Court can use the power of judicial review to rule presidential actions unconstitutional
Supreme Court can use the power of judicial review to rule treaties unconstitutional

Activities

Lesson PowerPoint: Three (3) Branches of Government

Lesson Video:

Lesson Activity: Branches Game