BENCHMARKS SS 7 C 3 8 THE STRUCTURE

BENCHMARKS SS. 7. C. 3. 8 THE STRUCTURE, FUNCTIONS, AND PROCESSES OF THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL BRANCHES OF GOVERNMENT (ALSO ASSESSES SS. 7. 3. 9) TASK- ANALYZE THE STRUCTURE, FUNCTIONS, AND PROCESSES OF THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL BRANCHES. SS. 7. 3. 9 ILLUSTRATE THE LAWMAKING PROCESSES AT THE LOCAL, STATE, AND FEDERAL LEVELS

THE WHITE HOUSE

THE POWERS OF THE EXECUTIVE BRANCH Power Explanation of Power Example Executive Order a “law” for the executive branch; an order that comes from a chief executive (president or governor) as to how the executive branch will function. President Franklin Roosevelt signed Executive Order 9066 “Executive Order Authorizing the Secretary of War to Prescribe Military Areas” on February 19, 1942. The enforcement of this executive order led to the forced internment (see Benchmark 3. 6) of U. S. citizens of Japanese descent during World War II. Executive orders are not reviewed by Congress. Veto a decision by an executive authority such as a president or governor to reject a proposed law or statute During the Vietnam War (see Benchmark 4. 3), President Richard Nixon vetoed the War Powers Resolution (1973) that placed limits on the president’s Commander-in-Chief role (see Benchmark 3. 3). Congress overrode the president’s veto.

Power Explanation of Power Example Appointments The Chief Executive nominates persons to hold specific public offices. President George W. Bush nominated John G. Roberts for Chief Justice of the U. S. Supreme Court on September 5, 2005. OWERS OF THE P UTIVE BRANCH EXEC President Barack Obama nominated John Kerry for Secretary of State on December 21, 2012. Pardon The Chief Executive formally excuses public office holders from being prosecuted for crimes or wrongdoing committed while in office. President Gerald Ford pardoned President Richard Nixon on September 8, 1974 for any crimes he may have committed while in office (President Nixon resigned the presidency on August 9, 1974).

THE U. S. SUPREME COURT

THE POWERS OF THE JUDICIAL Power Explanation. BRANCH of Power Example Court Order a formal statement from a court that orders someone to do or stop doing something The Florida Supreme Court ordered that the Circuit Court in Leon County hand count 9000 ballots from Miami-Dade County following the November 7, 2000 presidential election. It also ordered that all Florida counties hand count ballots which did not indicate a vote for president (see Benchmark 3. 12). Summary adapted from www. oyez. org, Bush v. Gore. Judicial Review the power of the U. S. courts to examine the laws or actions of the legislative and executive branches of the national and state governments and to determine whether such actions are consistent with the U. S. Constitution Marbury v. Madison (see Benchmark 3. 12) The spirit of checks and balances suggests that the U. S. Supreme Court oversee the work of determining the constitutionality of legislation and executive orders because the president and Congress (or the governor and state legislature) have already participated in the legislative process.

Power Summary Judgment Writ of Certiorari Explanation of Power Example an attempt to stop a case from going to trial; also, a judgment decided by a trial court without that case going to trial In 2011, a federal judge issued a summary judgment ruling that Derek Turner and Toby Blome’s First Amendment free speech freedoms (see Benchmark 2. 4) were violated by the Golden Gate Bridge District (San Francisco, CA) that required small groups to obtain permits to use the walkway. Further, protests were banned after 2 pm on weekends. Turner wanted to protest China’s foreign policy during the Olympic torch relay while Blome wished to oppose the war in Iraq (Gulf War II; see Benchmark 4. 3) a writ of certiorari is issued when a higher level court agrees to hear an appeal of an inferior (lower) court’s decision All cases that come before the U. S. Supreme Court on appeal must be granted a writ of certiorari because these cases have been heard by lower courts. In Benchmark 3. 12, all cases listed (including the case named in the content focus) were appeals except Marbury v. Madison. OWERS OF THE P DICIAL BRANCH JU

THE FEDERAL CAPITOL BUILDING HOUSE OF REPRESENTATIV ES SENATE

THE STRUCTURE OF THE LEGISLATIVE BRANCH Level of Government Legislative Titles Chamber Titles Institution Members Title National Representative Senator U. S. House of Representatives U. S. Senate U. S. Congress 435 U. S. Representatives 100 U. S. Senators State Representative Senator Florida House of Representatives Florida Senate Florida Legislature 120 Representatives 40 Senators Local City/County Commissioner N/A City Council Determined by County city and county Commission charters

Power Explanation of Power Possible Outcome Introduce Legislation Ask the legislative chamber to consider a proposed law (bill) Bill is forwarded to committee Forward Bill Ask a committee to consider the bill to Committee Vote on Bill is forwarded to legislative chamber E PROCESS AT THE LEGISLATIV ELS OF A majority of members of. L AND STATE LEV chief each Bill is forwarded to the NATIONA chamber (50%+1) must approve of executive OVERNMENT G the bill before it is forwarded to the chief executive Chief Executive acts on Bill Chief Executive may sign the bill into National law or veto the bill. State statute

HOW A BILL BECOMES A LAW

Power Level of Government Explanation of Power Nomination by Chief Executive (U. S. president or Florida governor) National State The Chief Executive nominates persons to hold specific public offices. Appointment by Senate National State The U. S. Senate must approve, by majority vote, of persons named by the president to hold specific offices (nominees). TMENT PROCESS THE APPOIN The Florida Senate must approve, by majority vote, of persons named by the governor to hold specific offices (nominees).

Power Level of Government Explanation of Power Possible Outcome Impeach National State The power to bring charges of official wrongdoing against a person holding public office Impeachment requires a majority vote in the U. S. House of Representatives. Impeachment requires a majority vote in the Florida House of Representatives Convict HMENT PROCESS THE IMPEAC National State Conviction leads to the removal of executive and judicial branch officials and a criminal record Conviction requires a 2/3 vote in the U. S. Senate. Conviction requires a 2/3 vote in the Florida Senate.

TATE CAPITOL THE FLORIDA S BUILDING

PARTY LEADERSHIP CONGRESS AND THE FLORIDA LEGISLATURE MAJORITY LEADER: THE LEADER CHOSEN BY THE PARTY WITH THE MOST SEATS IN HIS OR HER HOUSE OF CONGRESS; THIS PERSON REPRESENTS THE MAJORITY PARTY IN POLICY DEBATES. MINORITY LEADER: THE LEADER CHOSEN BY THE PARTY WITH THE LEAST SEATS IN HIS OR HER HOUSE OF CONGRESS; THIS PERSON REPRESENTS THE MINORITY PARTY IN POLICY DEBATES. PRESIDENT PRO TEMPORE OF THE SENATE: THE SECOND HIGHEST RANKING MEMBER OF THE U. S. SENATE (THE U. S. CONSTITUTION PROVIDES THAT THE VICE-PRESIDENT IS THE PRESIDENT OF THE SENATE). THE PERSON WHO PRESIDES OVER THE FLORIDA SENATE WHEN THE SENATE PRESIDENT IS NOT PRESENT. SPEAKER OF THE HOUSE: THE PERSON WHO PRESIDES OVER THE U. S. HOUSE OF REPRESENTATIVES/THE PERSON WHO PRESIDES OVER THE FLORIDA HOUSE OF REPRESENTATIVES. THE MAJORITY PARTY SELECTS THE SPEAKER OF THE HOUSE IN THE UNITED STATES AND IN FLORIDA.