Lesson 11

Past Issues

In English government politicians were eligible to serve in a number of different offices at the same time.

Americans believed this led to a great deal of the corruption in government.

This Framers believed that these actions upset the proper balance of power between the Crown and Parliament.

ExecutivesBecause of this corruption many state governments created weak executives.

With a weak executive it would be difficult to place a check on the powers of legislature.

The founders created a government of separated powers

“A government of separated institutions sharing powers”

Legislative Branch

Congress was to be a deliberative body, it should thoroughly debate issues and avoid making hasty decisions.

The bicameral structure of congress made it difficult to pass laws, especially at the whim of popular majorities.

If you are a member of congress, you are not allowed to have any other national office position

Congressman and legislature were given enumerated powers. Powers that are specifically listed in the constitution. (Article 1 Section 8)

Congress is also given the authority to make all laws that are “necessary and proper” for carrying out the enumerated powers.

Executive Branch

Executive Branch

Executives were given enough power and independence to fulfill its responsibilities.

Needed enough power to act quickly for

common defense

preserving peace

International Relations

A single executive was chosen so that differing opinions would not conflict and hinder the positions.

A single executive was easier to keep watch over

A four year term for the executive was adopted to avoid longer periods in office.

The idea that the president would be elected by the people was quickly put down

“Direct election by the people in such a large country would not work because people who not know all the candidates.”

Small states feared that popular votes by the people would lead to a president consistently from a large state.

Electoral College

Would be organized once every four years to select a president. After the election the college would be dissolved.

Each state would select electors to serve in the college.

Each state would receive the same number of electors as it had senators and representatives.

Each elector would vote for two people and one of those had to not be from their home state.

Whoever received the most votes would be president, second highest total would be vice-president.

In the event of a tie the president would be selected by the House. (Senate for a VP tie)

The electoral college is an example of indirect election.

The people of America vote for a President on election day.

However, it is the electors who officially cast their vote and elect the president to office.

A majority vote of 270 is required to win the Presidency.

Electors are elected by the people prior to the presidential election

Winning the popular vote does not guarantee election.

Six times in history a candidate has lost the election while receiving the majority of votes.

2000, Al Gore lost to George Bush

Judicial Branch

Judicial Review

The Supreme Court determines if Congressional acts are constitutional.

These powers are assumed and not written into the constitution.

Judicial Branch was created to interpret laws at the national level.

Judges are appointed by the President and confirmed by the Senate.

Judges are independent of politics and receive life terms to avoid political pressure.

Shared Powers in all three branches

Veto

Appointments

Treaties

War

Impeachment

Judicial Review

Veto

Although the President can veto a bill passed by Congress, the bill can still become a law if 2/3 of both houses vote to override that veto.

Appointments

The power to appoint executive officials and federal judges can be done by the president.

The Senate can approve or disapprove the persons nominated.

Treaties

Presidents can negotiate treaties, but the Senate must approve the treaty by a 2/3 vote.

War

The President is “Commander and Chief” of all armed forces, but only congress can declare war. Congress also controls all money used to wage war.

Impeachment

The House is the only group that can impeach an executive branch member for crimes he/she has committed.

The Senate determines that officials innocence.