SOCIAL STUDIES: THE BRANCHES OF FEDERAL, STATE, AND LOCAL GOVERNMENT

9/27/18

Completed by:

pin, Francisco, ernesto, patricia, rosario, and that is it!

U.S. CONSTITUTION FOR DUMMIES CHEAT SHEET

From U.S. Constitution For Dummies

By Michael Arnheim

https://www.dummies.com/education/politics-government/u-s-constitution-for-dummies-cheat-sheet/

The U.S. Constitution was written and signed by men who craved independence from Britain but who were nonetheless steeped in its history and ideals. The U.S. Constitution starts with some basic precepts of English governance, but then adds some uniquely American twists — three branches of government that act to check and balance each other, for example. Although much thought went into the Constitution, the Framers left it open to amendment. The first ten amendments were ratified just four years after the Constitution itself and are known as the Bill of Rights.

ADVERTISING

THE U.S. CONSTITUTION AND THE ESTABLISHMENT OF GOVERNMENT

The U.S. Constitution, as adopted by the Philadelphia Convention on September 17, 1787, sets out three distinct branches of national government and provides powers to each that serve as a check on the others. The following sections offer key facts about each branch.

THE EXECUTIVE BRANCH: THE PRESIDENT

The highest elected official in the United States, the President

· Is Commander in Chief of the U.S. armed forces. However, only Congress can actually declare war.

· Has the power to veto legislation passed by both houses of Congress (the House of Representatives and the Senate). Congress can override the veto only with a two-thirds majority.

· Appoints Cabinet officers, Supreme Court justices, and many other officials — subject to confirmation by the Senate.

THE LEGISLATIVE BRANCH: CONGRESS

The Constitution provides for two houses of Congress: the House of Representatives and the Senate. The population of a state determines how many people it elects to the House of Representatives. Each state elects two Senators, so the Senate offers an equal playing field for small states and large states.

Congress has the power to make all federal laws, and only the House can introduce tax legislation. The Senate has the power to confirm or deny the President’s appointments to the Cabinet, the Supreme Court, and other key positions.

THE JUDICIAL BRANCH: THE SUPREME COURT

Each justice is nominated by the President, confirmed by the Senate, and has the opportunity to serve in that position for life as long as he or she demonstrates what the Constitution calls “Good Behaviour.” The Supreme Court effectively determines what the Constitution means.

THE U.S. CONSTITUTION’S FIRST TEN AMENDMENTS: THE BILL OF RIGHTS

Some of the signers of the U.S. Constitution felt the need to spell out the rights of individual citizens in contrast to the establishment of the powers of the federal government enumerated in the Constitution itself. Thus, the first ten amendments to the Constitution, called the Bill of Rights, were ratified as a group by December 15, 1791. They are:

· Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

· Amendment II: A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

· Amendment III: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

· Amendment IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

· Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

· Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

· Amendment VII: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

· Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

· Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

· Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

WHO SIGNED THE U.S. CONSTITUTION?

The 38 signers of the U.S. Constitution were delegates from the original states who gathered several times and in several places, first drafting the Declaration of Independence, and then, after the colonists defeated the British army and won independence, writing the U.S. Constitution. The signers of the two documents have some overlap — Benjamin Franklin signed both, but John Hancock wrote large only on the Declaration of Independence. The delegates are here grouped by the states they represented:

· Connecticut: William Samuel Johnson, Roger Sherman

· Delaware: George Read, Gunning Bedford Jr., John Dickinson, Richard Bassett, Jacob Broom

· Georgia: William Few, Abraham Baldwin

· Maryland: James McHenry, Daniel of St. Thomas Jenifer, Daniel Carroll

· Massachusetts: Nathaniel Gorham, Rufus King

· New Hampshire: John Langdon, Nicholas Gilman

· New Jersey: William Livingston, David Brearley, William Paterson, Jonathan Dayton

· New York: Alexander Hamilton

· North Carolina: William Blount, Richard Dobbs Spaight, Hugh Williamson

· Pennsylvania: Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas FitzSimons, Jared Ingersoll, James Wilson, Gouverneur Morris

· South Carolina: John Rutledge, Charles Cotesworth Pinckney, Pierce Butler

· Virginia: George Washington (President and deputy), John Blair, James Madison Jr.

WHAT DOES THE SPEAKER OF THE HOUSE DO?

By Kirk Bailey

The Speaker of the United States House of Representatives, commonly referred to as the Speaker of the House (or simply, House Speaker or the Speaker), serves as the presiding officer of the U.S. House of Representatives. The Speaker fulfills several roles, including representing constituents as a Member of Congress, acting as administrative head of the House, and serving as leader of the majority political party in the House. If you’re wondering exactly what does the Speaker of the House do, see the full description of this political representative’s full responsibilities below.

The House Speaker is second in the U.S. presidential line of succession after the vice president, but no Speaker has ever acted as president. The current Speaker of the House is (R) Paul Ryan (Wisconsin).

ADVERTISING

Golden Brown/Shutterstock

Capitol Hill Building in Washington, D.C.

HOW IS THE HOUSE SPEAKER SELECTED?

The U.S. Constitution authorizes the House to choose their Speaker, who is selected by roll call vote on the first day of every new Congress. Customarily, each party (Democrat and Republican) nominates a candidate and members normally vote for the candidate of their party. Roll call votes are repeated until a candidate receives an absolute majority of all votes cast. The Constitution does not require the Speaker to be a Member of Congress, although all Speakers have been members.

The Office of the Clerk of the House of Representatives keeps a full list of Speakers of the House from 1789 to the present.

WHAT DOES THE SPEAKER OF THE HOUSE DO?

The Speaker of the House exercises duties as a Member of Congress, as presiding officer of the House of Representatives, and as leader of the majority political party in the House.

These responsibilities include voting on legislation, administrative duties such as maintaining order within the House chamber, and other tasks such as appointing special committees.

See a more in-depth description of each of these responsibilities below:

MEMBER OF CONGRESS

Foremost, the Speaker represents voters in his or her congressional district. As a Member of Congress, he or she advocates for constituents’ needs, votes on key legislation, conducts town halls and meetings in-district and otherwise serves voters in their home districts.

PRESIDING OFFICER OF THE HOUSE OF REPRESENTATIVES

The Speaker of the House’s duties as presiding officer of the House, include administering the oath of office to Members, calling the House to order, preserving order and decorum within the House chamber and galleries, recognizing members to speak on the House floor, and making rulings about House procedures. The Speaker usually delegates some of these administrative duties to other members of the majority party, such as acting as Speaker pro tempore and leading House legislative sessions.

In addition, the Speaker appoints members and chairpersons of regular committees, special or select committees, conference committees, and designates a majority of the Committee on Rules. The Speaker also determines which legislation is assigned to each committee and which legislation reaches the House floor for a vote. Furthermore, the Speaker determines the House legislative agenda, in consultation with party leaders, committee chairpersons, the president, and the Senate.

As a Member of Congress, the Speaker may participate in debate and vote but, by tradition, only does so in exceptional circumstances such as when their vote would be decisive or on matters of great importance such as constitutional amendments or war resolutions. The Speaker presides over all joint sessions with the Senate because these official gatherings are usually held in the House of Representatives.

LEADER OF THE MAJORITY PARTY IN THE HOUSE OF REPRESENTATIVES

By tradition, the Speaker is the head of the majority party in the House. This means the Speaker is held responsible for passing legislation supported by the majority party. The Speaker usually has a less prominent role as party leader when the president belongs to the same party. In contrast, the Speaker’s prominence and public role typically increases when he or she is from a different political party than the president.

Famous examples include Speaker Tip O’Neill’s vocal opposition to President Ronald Reagan’s policies, Speaker Newt Gingrich’s bitter fights with President Bill Clinton over domestic spending, and Speaker Nancy Pelosi’s clashes with President George W. Bush over the Iraq War.

HISTORICAL FACTS ABOUT THE SPEAKER OF THE HOUSE

The Speakership’s power reached a pinnacle during the term of Joseph Gurney Cannon (1903–1911), who exercised tight control over the legislative process. Cannon instituted the traditions of determining the agenda of the House, appointing the members of all committees, choosing committee chairmen, and determining which committees heard each bill. In 1910, however, a revolt of House members stripped Speaker Cannon of most of his powers, particularly the ability to name committee members.

In 1925, Speaker Nicholas Longworth (Ohio) restored most of the Speaker’s lost influence by expelling his opponents in the Republican party from the Republican caucus, stripping committee chairmen of seniority and appointing loyal supporters to committees.

Perhaps the most influential Speaker in history was Sam Rayburn (Texas) who was the longest-serving Speaker. Speaker Rayburn shaped many bills by working with House committees and also ensured passage of several domestic and foreign assistance programs advocated by President Roosevelt and President Truman.

As a sign of their influence, the House of Representatives’ office buildings in Washington D.C. are named for these three Speakers: Cannon, Longworth, and Rayburn. Here are few other historical facts about the Speaker of the House:

· First Speaker of the House: Frederick A.C. Muhlenberg (Pennsylvania), elected presiding officer on April 1, 1789.

· Total number of Speakers: 53

· Longest-serving Speaker: Samuel Rayburn (Texas), served 17 years, 2 months, and 2 days over three terms as Speaker

· First woman Speaker: Nancy Pelosi (California), selected as Speaker on January 4, 2007

· State with the most Speakers: Massachusetts

· Only Speaker to serve as President of the Unites States: James K. Polk (Tennessee), elected president after leaving the House

· Youngest Speaker: Robert M. T. Hunter (Virginia), age 30

· Oldest Speaker: Henry T. Rainey (Illinois), age 72

· First sitting Speaker to lose re-election to his House seat: William Pennington (New Jersey)

· Number of Speakers to die in office: 5. Michael C. Kerr (Indiana), Henry T. Rainey (Illinois), Joseph W. Byrns (Tennessee), William B. Bankhead (Alabama), Samuel Rayburn (Texas)

WHAT IS THE PRESIDENT’S CABINET?

By Kirk Bailey

The President’s Cabinet is composed of the principal appointed officers of departments of the executive branch of the federal government of the United States. The Cabinet meets weekly to advise the President on matters relating to the duties of their respective departments.

The Cabinet traditionally includes the Vice President and the heads of 15 executive departments: Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Justice (the Attorney General), Labor, State, Transportation, Treasury, and Veterans Affairs.

ADVERTISING

Other officials also hold Cabinet-rank, including the White House Chief of Staff; the United States Ambassador to the United Nations, the Administrator of the Environmental Protection Agency; the Director of the Office of Management and Budget; the Chair of the Council of Economic Advisers; the Administrator of the Small Business Administration; and the U.S. Trade Representative.

HOW ARE CABINET MEMBERS SELECTED?

Cabinet officers are nominated by the President and confirmed by the U.S. Senate by a majority vote. Each official receives the title Secretary, except the Attorney General who leads the Department of Justice. Cabinet members serve at the pleasure of the President and may be dismissed at any time. Tradition holds that Cabinet Secretaries resign when a new President takes office.

The President may select potential candidates from any walk of American life — business, education, the military, or those already in government service. The Ineligibility Clause of the U.S. Constitution, however, states “no person holding any office under the United States, shall be a member of either House during his continuance in office.” This prevents any sitting Member of Congress from serving in the Cabinet unless he or she resigns from Congress.

WHAT IS THE HISTORY OF THE CABINET?

The history of the Cabinet extends to the first U.S. President, George Washington, who called meetings of the Secretary of State, the Secretary of the Treasury, the Secretary of War, and the Attorney General to advise him on issues. James Madison described these meetings as “the president’s cabinet” and the nickname stuck. The U.S. Constitution, however, does not mention the Cabinet, but several provisions refer to “principal officers” of the “executive departments.”

The Constitution in Article II, Section 2, authorizes the President to “appoint Ambassadors, other public Ministers and Consuls […].” In addition, the President “may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices[.]” Taken together, these provisions give the President the necessary authority to appoint executive department officials and compel their advice on important policy matters.

WHAT IS THE ORDER OF PRESIDENTIAL SUCCESSION?

The Cabinet is crucial to the presidential line of succession that determines the order in which officials succeed to the presidency following the death or resignation of the President. The Vice President tops the order, followed by the Speaker of the House, then the President pro tempore of the Senate. The Cabinet officers succeed to the presidency in the following order:

· Secretary of State, Department of State

· Secretary of the Treasury, Department of the Treasury

· Secretary of Defense, Department of Defense

· Attorney General, Department of Justice

· Secretary of the Interior, Department of the Interior

· Secretary of Agriculture, Department of Agriculture

· Secretary of Commerce, Department of Commerce

· Secretary of Labor, Department of Labor

· Secretary of Health & Human Services, Department of Health and Human Services

· Secretary of Housing & Development, Department of Housing and Urban Development

· Secretary of Transportation, Department of Transportation

· Secretary of Energy, Department of Energy

· Secretary of Education, Department of Education

· Secretary of Veterans Affairs, Department of Veterans Affairs

· Secretary of Homeland Security, Department of Homeland Security

WHAT IS THE PRESIDENT’S CABINET?

By Kirk Bailey

The President’s Cabinet is composed of the principal appointed officers of departments of the executive branch of the federal government of the United States. The Cabinet meets weekly to advise the President on matters relating to the duties of their respective departments.

The Cabinet traditionally includes the Vice President and the heads of 15 executive departments: Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Justice (the Attorney General), Labor, State, Transportation, Treasury, and Veterans Affairs.

ADVERTISING

Other officials also hold Cabinet-rank, including the White House Chief of Staff; the United States Ambassador to the United Nations, the Administrator of the Environmental Protection Agency; the Director of the Office of Management and Budget; the Chair of the Council of Economic Advisers; the Administrator of the Small Business Administration; and the U.S. Trade Representative.

HOW ARE CABINET MEMBERS SELECTED?

Cabinet officers are nominated by the President and confirmed by the U.S. Senate by a majority vote. Each official receives the title Secretary, except the Attorney General who leads the Department of Justice. Cabinet members serve at the pleasure of the President and may be dismissed at any time. Tradition holds that Cabinet Secretaries resign when a new President takes office.

The President may select potential candidates from any walk of American life — business, education, the military, or those already in government service. The Ineligibility Clause of the U.S. Constitution, however, states “no person holding any office under the United States, shall be a member of either House during his continuance in office.” This prevents any sitting Member of Congress from serving in the Cabinet unless he or she resigns from Congress.

WHAT IS THE HISTORY OF THE CABINET?

The history of the Cabinet extends to the first U.S. President, George Washington, who called meetings of the Secretary of State, the Secretary of the Treasury, the Secretary of War, and the Attorney General to advise him on issues. James Madison described these meetings as “the president’s cabinet” and the nickname stuck. The U.S. Constitution, however, does not mention the Cabinet, but several provisions refer to “principal officers” of the “executive departments.”

The Constitution in Article II, Section 2, authorizes the President to “appoint Ambassadors, other public Ministers and Consuls […].” In addition, the President “may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices[.]” Taken together, these provisions give the President the necessary authority to appoint executive department officials and compel their advice on important policy matters.

WHAT IS THE ORDER OF PRESIDENTIAL SUCCESSION?

The Cabinet is crucial to the presidential line of succession that determines the order in which officials succeed to the presidency following the death or resignation of the President. The Vice President tops the order, followed by the Speaker of the House, then the President pro tempore of the Senate. The Cabinet officers succeed to the presidency in the following order:

· Secretary of State, Department of State

· Secretary of the Treasury, Department of the Treasury

· Secretary of Defense, Department of Defense

· Attorney General, Department of Justice

· Secretary of the Interior, Department of the Interior

· Secretary of Agriculture, Department of Agriculture

· Secretary of Commerce, Department of Commerce

· Secretary of Labor, Department of Labor

· Secretary of Health & Human Services, Department of Health and Human Services

· Secretary of Housing & Development, Department of Housing and Urban Development

· Secretary of Transportation, Department of Transportation

· Secretary of Energy, Department of Energy

· Secretary of Education, Department of Education

· Secretary of Veterans Affairs, Department of Veterans Affairs

· Secretary of Homeland Security, Department of Homeland Security