U N I T 2

AMERICAN GOVERNMENT

LESSON 11

What questions did the Framers consider in designing the three branches of the national

government?

• Objective: Explain the role of each of the three branches and describe how the Constitution organizes them. Explain how and why the system of checks and balances contributes to limited government.

What did the delegates think about the balance of power among branches of government?

• British: • Imbalance of power leads to tyranny • Crown used exclusive powers to practice nepotism • One person could hold more than one office

• States:• Created weak executives • Executives unable to check powers of legislature• Legislatures were passing laws that violated basic rights

Constitutional government created a system with balanced powers- separated powers– check and balances.

What did the delegates think about legislative power, and what questions did organizing the

legislative branch raise?

Congress: • “deliberative body” – thoroughly debating issues and

avoiding hasty decisions.

• Bicameral body- more difficult to pass laws (weakens the ‘whim’ of popular majorities)

• Locke: power to make laws is the greatest power of a gov’t

• Members of Congress CANNOT hold another national office while serving in the HOR or Senate.

What did the delegates think about legislative power, and what questions did organizing the

legislative branch raise?

• VA Plan- would have given congress plenary powers

• NJ Plan- more strictly defined powers

• Great Compromise- • Enumerated powers• Article 1, Section 8 • Article 1, Section 8, Clause 18 – necessary and proper

What did the delegates think about the executive power, and what questions did organizing the

executive branch raise?

Framers idea of executive:

• Enough power and independence to fulfill the responsibility

• Able to act quickly- common defense, public peace, and international relations

• Not TOO much power that it could be abused

What did the delegates think about the executive power, and what questions did organizing the

executive branch raise?

1. Should there be more than one executive?• Less likely to become tyrannical if plural• Single- avoid conflict of equal leaders• Easier for Congress to keep an eye on one

2. How long in office?• 7 years was suggested• 4 years seemed best

3. Reelection?• 7 years– only one term• 4 years- unlimited terms

What did the delegates think about the executive power, and what questions did organizing the

executive branch raise?

How should the President be selected?• Rejected direct election- people in a large country are

unable to know who is best• Rejected congress choosing- congress should not be able

to manipulate the president

• Solution: Electoral College

ELECTORAL COLLEGE

• State legislature picks electors• # for each state: # of HOR + # of senators• Each elector votes for 2 people- one must not be

from the elector’s state• If top 2 candidates tie or neither has a majority it

goes to the HOR to decide where each state gets one vote.

• They knew Washington would win first. They thought that after that, no one would get a majority and that it would always go to the house. Did this happen?

Changes from 2000-2012

What did they delegates think about judicial power, and what questions did organizing the judicial

branch raise?

• Need a nat’l court to enforce laws• Appointed by President and confirmed by Senate• All criminal trial- by jury• Created Supreme Court and power to create

lower courts goes to congress• Judges would be independent of politics• Office for life during “good behavior”• Loose office for only treason, bribery or other high

crimes• Power to decide conflicts between state gov’ts

and conflicts involving the nat’l gov’t

How are powers divided and shared among the three branches?

• Shared- make treaties, appoint cabinet members and ambassadors

• Veto- president veto congress. Congress veto president with 2/3 both house override

• Appointments- nominated by president, approved by Senate

• Treaties- President negotiates- 2/3 Senate approval

• War- President is Commander in Chief, but only Congress can declare war and control the money necessary to wage war.

How are powers divided and shared among the three branches?

• Impeachment- congress has power to impeach presidents, members of executive branch and federal judges.• Treason, bribery or other high crimes• Only HOR can impeach• Senate – hears the trial- if convicted by 2/3 Senate- removal

from office

• Judicial Review- Constitution does not say that the courts can declare laws unconstitutional. Framers assumed the courts would have this power. • Power created under Marbury v. Madison under the Marshall

Court.

FINISHING UP!

Reflection on Learning: 1. Write two things that you learned today. 2. Write one thing that you already knew.

3. Write one thing that you would like to know more about.