Module 3: Federalism

1. STRUCTURE & FUNCTION of
FEDERALISM
• Federalism, Separation of Power, Checks & Balances
• Legislative Branch - Congress
• Executive Branch – President
• Judicial Branch – Supreme Court
• NC State Government
• NC Local Government

2. FEDERALISM, SEPARATION OF
POWER, CHECKS & BALANCES
• Federalism – System of Government in which the Federal
(National, Central) Government shares power with the states.
Powers…
Enumerated (Federal)
Reserved (States)
Concurrent (Shared by both)
• Separation of Power – Dividing powers between 3 Branches of
Government.
Branches…
Legislative – Makes Laws
Executive – Enforces Laws
Judicial – Interprets Laws
• Checks & Balances – Powers given to each branch over the
other 2 branches (checks) to balance the power & protect
citizen’s rights.

3. CHECKS & BALANCES

4. LEGISLATIVE BRANCH - CONGRESS
CONGRESSIONAL TERMS
• 2 Years in Length
• Currently the 113th
Term of Congress
CONGRESSIONAL SESSIONS
• Regular Session – Must Meet once a Year
(January 3 – December)
• Special Session – President Calls – Times of Crisis
• Joint Session – State of the Union Address

5. HOUSE OF REPRESENTATIVES
BASIC INFORMATION
• Term Length – 2 Years
• Requirements for Members
25 years old
7 year US Citizen
Resident of the State
• 435 Members
• Based on State Population
• Changes w/ Census (10 yrs)
VOCABULARY
• Census – Population Count
• Constituents – people who
vote in an election
• Gerrymandering – dividing a
state into odd-shaped
districts for political
reasons

6. SENATE
BASIC INFORMATION
• Term Length – 6 years (1/3 every 2 years)
• Requirements for Members
30 years old
9 year US citizen
Resident of the State
• 100 members
• 2 per state

7. CONGRESSIONAL LEADERS
HOUSE OF REPRESENTATIVES
• Speaker of the House – Chosen
by the majority party
• Majority Leader – Leader of
political party with most seats
• Minority Leader – Leader of
party with fewer seats
• Majority Whip – From majority
party – job is to get majority
members to support party
legislation.
• Minority Whip – From minority
party – job is to get minority
members to support party
legislation.
SENATE
• President – VP of the US
• President Pro Tempore –
Usually the most senior
member of the majority party
• Majority Leader – Leader of
political party with most seats
• Minority Leader – Leader of
party with fewer seats
• Majority Whip – From majority
party – job is to get majority
members to support party
legislation.
• Minority Whip – From minority
party – job is to get minority
members to support party
legislation.

8. Powers of Congress
(Money, Trade, & Foreign Policy)
Taxes
• Tax Bills – Begin in the House (Why?)
• Authorization Bill – Creates a Project.
• Appropriations Bill – Provides $ for a Project.
Trade
• Commerce Clause – gives Congress power to
regulate foreign & interstate trade.
(air traffic, railroads, trucking, radio, television,
air pollution, stock market)
Foreign Policy
• Powers dealing with other countries.
(declare war, oversee army & navy, approve
treaties, regulate trade)

9. Powers of Congress
(Non-Legislative Powers)
• Amending the Constitution – propose 2/3 of
Congress
• Counting Electoral Votes – If no 270 – House
votes
• Impeachment Process – House Impeach; Senate
holds trial (removal/punishment)
• Oversight – Review presidential actions, and how
well laws are enforced.
• Investigation – Investigate executive/judicial
actions.

10. Powers Denied to Congress
1. Suspend the Writ of Habeas Corpus
2. Pass a Bill of Attainder
3. Pass an Ex Post Facto Law
4. Tax Exports

11. HOW A BILL BECOMES A LAW

12. EXECUTIVE BRANCH
BASIC INFORMATION
CONSTITUTIONAL
REQUIREMENTS
• 35 years old
• Natural Born Citizen
• Live in US 14 Years
• TRADITIONAL
REQUIREMENTS
• White Males (Except Obama)
• Protestant (Except JFK)
• College Educated (Many)
GENERAL
• 4 year term
• 2 term limit (10 year
maximum) (except FDR)
• $400,000 yearly – life
PRESIDENTIAL SUCCESSION
• Vice-President
• Speaker of the House
• President Pro Tempore
• Cabinet Members

13. ELECTORAL COLLEGE
• Purpose – Officially Elects the President & Vice-President
NUMBERS
• 538 Total
• 270 to win
• Each State – Equal to total members in Congress
• Winner Take All – Majority of Votes in a State – Takes all
Electoral Votes. (Except 2 States)

14. ROLES & POWERS OF THE
PRESIDENT
Chief Executive
• Enforce laws passed by
Congress
• Issue Executive Orders
• Create Budget
Commander-in-Chief
• Head of Armed Forces
• Call out troops
• War Powers Act – report to
Congress within 60 days
Chief Diplomat
• Enter into Treaties
• Make Executive Agreements
• Appoint Ambassadors
Chief of State
• Meet with foreign dignitaries
• Throw out first baseball
• Easter Egg Hunt
• Symbolic Leader
Economic Leader
• Prepare the Federal Budget
Legislative Leader
• Introduce legislation
• State of the Union Address
Party Leader
• Lead political party
• Support members running
for office

15. Foreign Policy
Nation’s overall plan for dealing with other countries
Goals of Foreign Policy
• National Security – ability to keep nation safe
from attack
• International Trade - provide markets to sell
goods
• Promote World Peace
• Promote Democracy

16. Foreign Policy
Nation’s overall plan for dealing with other countries
Executive Agencies & Departments
• Department of State
• Department of Defense
• CIA
• National Security Council
Foreign Policy Vocabulary
• Treaty – formal agreement between two or more nations.
President enters into treaties, must be approved by Senate.
• Executive Agreement – agreement between President and the
leader of another country.
• Ambassador – appointed by President to represent US in
another country.
• Foreign Aid – money, food, or military assistance given to
another country.
• Limitations – Trade Sanctions & Embargoes

17. IMPEACHMENT PROCESS
• Impeachment – The process of bringing formal charges against a
public official. According to the Constitution, any public official,
including the president, can be impeached and removed from
office for treason, bribery, or serious misconduct.
2 Steps of the Impeachment Process
1. House of Representatives – must pass by a majority vote the
“Articles of Impeachment”.
2. Senate – Chief Justice of the Supreme Court presides over the
Senate acting as a court. A 2/3 vote of Senators is required to
remove an official from public office.
3 Historical Examples
1. Andrew Johnson (Tenure of Office Act) Impeached, not removed
2. Richard Nixon (Watergate Scandal) Resigned before Impeachment
3. Bill Clinton (Perjury) Impeached, not removed

18. JUDICIAL BRANCH
BASIC INFORMATION
Types of Cases
• Civil – involves a lawsuit filed (plaintiff), and (defendant)
court decides responsibility
• Criminal – involves a crime committed. (Plaintiff =
government) v. (defendant = accused)
Judges
• Appointed by the President
• Approved by 2/3 of the Senate
• Serve Life Terms

19. JURISDICTION
• Jurisdiction – a court’s authority to hear a case
4 Types of Jurisdiction
1. Original Jurisdiction – a court’s authority to hear a case
first.
2. Appellate Jurisdiction – a court’s authority to hear
appeals.
3. Exclusive Jurisdiction – federal courts have authority to
hear cases.
4. Concurrent Jurisdiction – both state and federal courts can
hear cases.

20. US DISTRICT COURTS
Jurisdiction
• 94 Courts in the US – At least One in every State
• Original Jurisdiction – Hear Cases first
• Types of Cases – Civil, Criminal
• People Involved – Judge, 12 Jurors, Plaintiff, Defendant
• Decisions – Responsible, Not Responsible, Innocent, Guilty
• Responsible or Guilty – Have Right to Appeal

21. US CIRCUIT COURTS
• 12 Courts Nationwide + 1 Federal Circuit
• Appellate Jurisdiction – Hear appeals from District Court
• Types of Cases – Criminal & Civil
• People Involved – 3 Judges, Plaintiff, Defendant
• Decisions – Uphold, Overturn, Remand
• Uphold – May appeal to the Supreme Court

22. US SUPREME COURT
• 1 Supreme Court
• Jurisdiction – Original, Appellate
• Types of Cases – Disputes between states, involving
ambassadors, admiralty/maritime law, appeals dealing with
Constitutional Issues
• People Involved – 9 Supreme Court Justices, Plaintiff,
Defendant
• Decisions – Uphold, Overturn, Remand
• Written Opinions – Majority, Concurring, Dissenting

23. NC State Constitution
State & Federal Government Similarities
- Preamble - State Powers
- Bill of Rights - Gov Responsibilities
- Framework of Gov - Provision for Local Gov
- 3 Branches of Gov - Amendment Process
Constitutional Principles
- Popular Sovereignty - Separation of Power
- Checks & Balances - Amendment (flexibility)
NC Constitution
• Constitution of 1776 – created a bicameral legislature, executive
headed by governor and a Council of State, and a court system.
• Constitution of 1868 – US Congress required all former Confederate
States to rewrite Constitution. All men 21 years or older could
vote, regardless of race.
• Constitution of 1971 – Freedom of Speech and equal protection
added.

24. NC General Assembly
(Legislative Branch)
LEGISLATIVE BRANCH – General Assembly – Make the Law
Statute – a law passed by the state government.
House of Representatives Senate
Members 120 50
Term Length 2 years 2 years
Qualifications 21 years old 25 years old
district 1 year 2 years in NC
district 1 year
Legislative Sessions – odd # years = long session – January to June.
even # years = short session – begins in May and lasts 6 weeks.
Governor may also call special sessions.
Law Making Process – very similar to US Congress. Override veto only
requires 60% of both houses.

25. NC Executive Branch
EXECUTIVE BRANCH
Governor – Enforce the Law
Term Length – 4 Years – 2 consecutive term limit
Qualifications – 30 years old, live in US 5 years, live in NC 2 years
Lieutenant Governor
Term Length – 4 Years
Qualifications – 30 years old, live in US 5 years, live in NC 2 years
Duties - President of the Senate, serves on various boards &
commissions.
Executive Departments
Cabinet – 10 members appointed by the governor
Council of State – 8 members elected by the people of NC. Operate
independently of the Governor.

26. JUDICIAL BRANCH
Interpret the Law
District Court – civil cases < $10,000; misdemeanors, domestic,
juveniles – judges elected 4 year terms
Superior Court – civil cases> $10,000; felonies, appeals of
misdemeanors – judges elected 8 year terms
Court of Appeals – 3 judges per case; appeals except the death
penalty – judges elected 8 year terms
Supreme Court – 7 justices; appeals – first appeal of death penalty –
judges elected 8 year terms
Landmark Court Decisions
Bayard v. Singleton (1787) – family property seized by state law for
being a loyalist. Appeals court ruled law unconstitutional (judicial
review – state gov)
Leandro Case (1997) – ruled that the state constitution does not
require equal funding of education.
NC Judicial Branch

27. GOVERNMENT FINANCES
State Budget Process
Fiscal Year – (July 1 – June 30)
Budget – Begins July 1 of odd-numbered year – June 30 of
next odd-numbered year.
Revenue - $ the state government has to operate. (Taxes,
fees, etc…)
Expenditures - $ the state government will spend on programs.
Balanced Budget – Expenditures = Revenue
Governor – prepares budget for two fiscal years.
General Assembly – must pass the budget. Propose ways to
raise revenue & cut expenditures. Often they do not pass
budget by July 1.

28. LOCAL GOVERNMENT
• Types of Local Government – County & Municipality
• Municipality – a city, town, or village with an organized
government and the authority to make and enforce laws.
(State General Assembly grants charter)
• Ordinance – a law passed by a local government.
• Zoning – designating different areas of land for different
uses.
1. residential – housing
2. commercial – business (retail, etc…)
3. industrial – factories
• Annexation – incorporating land into a
municipality.

29. COUNTY GOVERNMENT
County Government
County Commissioners – voters elect commissioners (3-11).
Chairperson – may be elected or chosen by commissioners.
County Commissioners are responsible for the following…
• Hire administrators for education, elections, mental
health, public health, social services, alcoholic beverage
control, and soil and water conservation.
County Manager – Hired by the County Commissioners.
Responsible for budget.
LEA – Local Education Authority
• Voters elect a school board to carry out state education
policy.

30. MUNICIPAL GOVERNMENT
Municipality Government
• Each municipality elects a governing board. (City Council,
Town Council, Board of Commissioners, Board of Alderman)
• Elections (At Large, by Ward, or Mixture)
• Pass Ordinances – municipal policies, approve budgets, set
municipal tax rates, regulate what people can do in the
municipality.
Mayor-Council Plan
• Usually elected, not always. In this system the mayor
serves as the executive. Carries out policies, budget, etc…
Council-Manager Plan
• Governing board hires a professional called a “manager”, to
carry out policies. This is how Kernersville, W-S, etc…
operate.

31. GOVERNMENT FINANCES
Local Government Budget
• Expenditures
utilities (water, sewage)
public safety
public schools
public health
mental health
social services
• Revenues
user Fees (water, sewage)
property tax
intergovernmental revenue