Lesson Fourteen: What Powers Were Granted to the Executive and Judicial Branches?

Terms to Know:
Appellate Jurisdiction-the legal authority of a court to hear appeals from a lower court
Balance of Power-the division of governmental powers in such a way that no one individual or group can dominate or control the exercise of power by others
Electoral College-the group of presidential electors that casts the official votes for president after a presidential election; each state has a number equal to the total of its members in the Senate and House
Electors-a group of persons selected by each state party to vote for that party’s candidate for President and Vice President if the party’s candidates win the popular vote in the general election
Executive Power-the powers of the executive branch of the federal government
Executive Departments-cabinet-level agencies in the federal government
Impeach-look at lesson 13 for definition
Judicial Review-the power of he courts to declare laws and actions of the local, state, or national government invalid if the courts decide they are unconstitutional
Legislative power-the power to right and enact laws
Original jurisdiction-the legal authority of a court to be the first to hear a case
Veto-the constitutional power of President to refuse to sign a bill passed by Congress, thereby preventing it from becoming a law; the president’s veto may be overridden by a two-thirds vote of both the Senate and House of Representatives
Question and Answer:
1. What issues did the Framers have to decide regarding the organization of the executive branch of government and how did they resolve these issues?
· The issues that they faced included how much power to give the President, and what would be the proper balance of power? To resolve these issues, they created a single executive, who would be easier to watch. They decided the term would be four years, so that no person would get to comfortable in office. Also, the President had to be re-elected to remain in office.
2. How did the Framers make sure the executive branch would have enough power to fulfill its responsibilities, but not so much power that it could dominate the other branches of government?
· The Framers limited executive power by making this branch share much of its power with the legislative branch. Shared powers include: veto, appointments, treaties, and war. Please see pages 75-76 for a more complete description of shared powers.
3. What is the Electoral College and why did the Framers decide to create it?
· Please refer to “Terms to Know” section for definition. The Framers created it because it was the best solution as far as who would select the President. The Congress selecting the President would be a disaster because of the concept of “balance of power”, but in such a large country who else would know these people well enough to actually make an informed decision. They decided the electoral college as good for reasons listed on page 77.
4. What is the difference between “original jurisdiction” and “appellate jurisdiction”?
· Two types of jurisdiction given to the Supreme Court. “original Jurisdiction” basically says that these are the types of cases that can only be heard by the Supreme Court such as those involving state government, disputes among states, and cases involving ambassadors. “Appellate jurisdiction” means cases that have been heard in lower courts but are being appealed in the Supreme court.
5. Why did the Framers provide that the judges would be appointed by the President, rather than elected by the people? Why did the Framers provide that judges would keep their positions “during good behavior”?
· Appointing them meant removing judges from the pressures of political influences. And, they could keep their positions and could not be removed unless they were impeached and convicted of “treason, bribery, or other high crimes and misdemeanors”.
6. What is meant by the term “judicial review”?
· Please refer to “Terms to Know” section.