Civics - Lesson 3

Civics : Government in the United States
Lesson 3 Overview
You’ve seen how the United States entered the world stage, and you’ve learned
something of its colonial past. You’ve also learned a bit about the American
Revolution that separated this nation from Great Britain. Finally, you took a good
look at the US Constitution. That document, beginning with “We the people . . .” is unique. It
was the first document of its kind. Its principles have been imitated and adopted by many
nations across this planet. In this lesson, you’ll get an overview of government in the United
States. You’ll explore the three main branches of the federal government—the legislative,
the executive, and the judicial branches. You’ll then learn how state and local governments fit
in to the bigger picture of American government.
3.1 Describe the legislative branch
The Federal Government: Legislative Branch
READING ASSIGNMENT
Branches of the Federal Government
You’ve already learned that the United States government is established in three parts:
The legislative branch

The executive branch
The judicial branch
This table lists the components of each branch:
Legislative Executive Judicial
© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 1

President
Cabinet Supreme Court
House of Representatives Administrative agencies (such Courts of Appeal
Senate as the Social Security District Courts
Administration, the Internal Others
Revenue Service, and others).
The main purpose of the legislative branch is to debate and pass laws. It consists of the US
Congress, which is made up of the House of Representatives and the Senate. The executive
branch administers and enforces the laws. In doing so, it exercises a wide range of powers.
In fact, the executive branch is the largest and most complex branch of the federal
government. Finally, the judicial branch interprets the Constitution and decides whether laws
conform to the Constitution or not. The Supreme Court is the highest court in the land. It
holds the power of judicial review, or the power to interpret the Constitution. Beneath the
Supreme Court is a system of federal courts that stretch across the land. In this unit, you’ll
explore each of these branches individually.
Powers and Responsibilities of the Legislative Branch
[Photo of the Capitol building
in Washington, D.C.]
The Capitol in
Washington, DC is the
headquarters for both
the House of
Representatives and the
Senate.
The US Congress, which meets in the Capitol Building in Washington, DC, is the most
powerful legislative body in the world. It prevents the president and the executive branch
from gaining too much power. It levies and collects taxes. It passes legislation that protects
our food supply. It acts in many ways to influence our daily lives.

Access America’s Homepage (ahp.gatech.edu/buildings.html) to learn more about some of
the historical buildings and museums in Washington, DC, our nation’s capital.
As you learned in the previous study unit, the Constitution gives Congress many powers,
including
Levying and collecting taxes

Borrowing money by issuing bonds and certificates
Controlling and regulating commerce between the states and between the United States
and other nations
Determining how people become citizens of the United States
Printing and coining money
Punishing counterfeiters
Establishing and regulating a postal service
Issuing copyrights and patents
Creating a system of lower federal courts
Establishing and paying for the armed forces
Declaring war
Providing for a militia
Making laws necessary for carrying out these powers
In addition to these powers, Congress also acts as part of the government for the District of
Columbia.
The Constitution does, however, limit the powers of Congress. For example, Congress can
pass no law that violates people’s basic rights. But the Constitution also permits Congress to
make laws as times change. Article 1 Section 8 is called the elastic clause. According to this
article, Congress can make laws as they’re needed. As this happens, special powers are
reserved to the House and others to the Senate. You’ll see what these are shortly.
The Senate
The voters in each state elect two people to represent them in the Senate. Therefore, in the
Senate, states with a small population are overrepresented and states with a large
population are underrepresented because the same number of senators represent larger
and smaller populations. This arrangement allows the powers of the states to be balanced in

one of the two legislative branches. The total members of the other legislative house, the
House of Representatives, is based on each state’s population, but because there are 50
states in the United States, there are 100 senators—two for each state.
Senators serve six-year terms. The framers deliberately gave senators relatively long terms;
they wanted the senators to have time to do their work without worrying about being
reelected. In the view of James Madison, the fourth president of the United States, the
Senate was to be a cool-headed body of able people. Senators would be able to take their
time about studying the nation’s needs and passing laws.
Special Powers of the Senate
In addition to the powers provided to the Senate in the Constitution, the Senate also has
special powers. Some of these come from the Constitutional principle of advice and consent.
According to Article 2, Section 2, the Senate must approve the president’s appointments of
Supreme Court justices, federal judges, ambassadors, and many other important federal
officials. The Senate must also approve the president’s nominees for the cabinet.
The Senate has seldom questioned a president’s choices for cabinet posts. However, the
Senate can become very picky about appointees to the Supreme Court or federal
judgeships. Presidents want to appoint judges who share their political philosophies, and
Supreme Court justices and federal judges are appointed for life. For that reason, senators
are highly aware of the political philosophies of candidates for the judicial branch.
The president can make treaties with foreign powers. However, the Senate must ratify such
treaties. As mentioned earlier in this course, the Senate refused to ratify the League of
Nations treaty under President Woodrow Wilson. Generally, however, the Senate ratifies
treaties without any revisions.
Access www.senate.gov (www.senate.gov) to review a summary of the powers of the

Senate.
Senate Committees
Despite its numerous special powers, the main business of the Senate is to pass laws.
Committees are an important part of that process in both the House of Representatives and
the Senate. For example, the Senate has 16 standing committees that deal with important

things like foreign relations, banking, commerce, agriculture, and the armed services. Many
of the standing committees oversee the work of government agencies, such as the
Department of Agriculture and the Department of Defense.
A standing committee is a committee permanently established by the House or Senate.
Three very powerful Senate committees are the Appropriations Committee, the Finance
Committee, and the Budget Committee. The Appropriations Committee makes
recommendations about how federal revenues (money) can be spent. The Finance
Committee looks at ways of raising revenues (taxes). Although the president prepares and
submits an annual budget to Congress, the Budget Committee studies and revises the
budget to prepare the budget resolution that will be voted into law.
Along with the standing committees, the Senate has 68 subcommittees. All of the
committees (approximately 92 of them) can draft new bills or review bills submitted to them.
They can also hold hearings to gather information.
When necessary, the Senate can set up investigative committees. These are temporary
committees that hold hearings and get people to testify about scandals and other problems.
Such committees can’t consider legislation. Their only purpose is to gather information.
Sometimes, though, the information the committees gather does lead to legislation.
Senate Procedures and Leadership
Proceedings in the Senate are rather relaxed and even casual. There’s no limit on the
amount of time that can be taken for debate on an issue. Senators can hold long colloquies,
or exchanges, with each other. (The word colloquy actually means conversation.) Senators
can delay action on a bill by extending debate. If a senator or senators really don’t want a bill
to pass, they can filibuster. A filibuster is a tactic by which a senator or group of senators
takes the floor and keeps it. They can talk for hours or even days. Newspapers and
magazines often include political cartoons about filibusters to make a point to their readers.

[Illustration of a politician at a podium]
Political cartoons often highlight

the Senate
Most debates in the Senate are orderly and polite. By current custom, senators don’t verbally
attack other senators in their speeches. These are called decorum rules. Personal attacks
are considered inappropriate. Even in disagreement, a senator usually addresses another
senator as “the distinguished gentleman” or “the senator from New Jersey.”
Decorum means orderliness, polite behavior, and good taste in conduct.
The Senate doesn’t change very much or very fast. Senators serve six-year terms, and only
one-third of the Senate comes up for election at any time. Often, too, senators are reelected.
Therefore, the rules of procedure don’t change often.
Senators with seniority (that is, those who have been in the Senate the longest) often have
great power. Because the Senate is small compared to the House of Representatives, even
new senators must serve on several committees and subcommittees. However, those who
have been in the Senate a long time often chair the most important committees.
Most business in the Senate is presided over by a president pro tempore (pro tem). Elected
by the senators, by custom, the pro tem is the longest serving senator in the majority party.
The pro tem acts in place of the vice president, who is president of the Senate. The vice
president normally presides over Senate meetings only on ceremonial occasions or when the
vote is likely to result in a tie, and the vice president votes only if there’s a tie.
Other leaders of the Senate are the majority and minority leaders. If the Republicans hold

more seats in the Senate, the majority leader will be a Republican and the minority leader
will be a Democrat. If the Democrats hold more seats, the reverse is true. Each of these
party leaders has assistants called whips. Whips are responsible for encouraging members
to vote along party lines. A floor manager is responsible for guiding a bill through the Senate.
The floor manager is usually the bill’s sponsor or the chair of the committee responsible for
the bill. A majority party floor manager tries to get the bill passed. A minority floor manager
tries to get the bill amended or defeated.
Access www.senate.gov (www.senate.gov) to learn more about Senate rules and

procedures.
Who Gets Elected to the Senate?
$15.5 million, with some greatly exceeding that. Unfortunately, this high cost prevents
average Americans from running for the Senate. The Senate is also weak on representing
women and racial minorities. Very few African Americans have held Senate seats. The first
Asian American to serve in the Senate was Hiram Fong of Hawaii. Only one Native
American, Ben Nighthorse Campbell, has served in the Senate. He represented the state of
Colorado. The number of women in the Senate has been increasing but women are still very
much in the minority.
The House of Representatives
When the United States was a young country, the House of Representatives had only 60
members. As the nation grew, the number of representatives also grew. Since 1913, the
House of Representatives has been set to 435 members. Each state has a specified number
of representatives based on its population. Some states, like New York and California, which
have large populations, have a large number of representatives. Other states, like Alaska
and Montana, have only one representative. As you may recall from your study of the
Constitution, each state must have at least one representative in the House.
A census is an official counting of a population.
Every 10 years, the US Census Bureau takes a census. The main reason for conducting the
census is to apportion (distribute) the members of the House of Representatives among the
50 states. The following table shows how the 435 representatives were apportioned
according to the census taken in 2020.

Table 2
NUMBER OF REPRESNTATIVES, BY STATE

(Based on 2020 census )
Alabama 7 Montana 2
Alaska 1 Nebraska 3
Arizona 9 Nevada 4
Arkansas 4 New Hampshire 2
California 52 New Jersey 12
Colorado 8 New Mexico 3
Connecticut 5 New York 26
Delaware 1 North Carolina 14
Florida 28 North Dakota 1
Georgia 14 Ohio 15
Hawaii 2 Oklahoma 5

Idaho 2 Oregon 6
Illinois 17 Pennsylvania 17
Indiana 9 Rhode Island 2
Iowa 4 South Carolina 7
Kansas 4 South Dakota 1
Kentucky 6 Tennessee 9
Louisiana 6 Texas 38
Maine 2 Utah 4
Maryland 8 Vermont 1
Massachusetts 9 Virginia 11
Michigan 13 Washington 10
Minnesota 8 West Virginia 2
Mississippi 4 Wisconsin 8
Missouri 8 Wyoming 1

Source: US Census Bureau
Each state is divided into a number of congressional districts equal to the number of
representatives it’s allotted. The districts are determined according to population. That is,
each district should have approximately the same number of people. Study the maps in the
figure, which show the boundaries of the congressional districts for the states of Utah and
Oregon. Utah (A in the figure) has four congressional districts, three of which are
approximately the same size geographically. Therefore, the population of Utah is probably
relatively even across the state, with the exception being District 4. Oregon (B in the figure)
has five congressional districts, which vary greatly in size. The most heavily populated areas
are in the west, which borders on the Pacific Ocean. District 2, the largest by far of the five
districts, is the least populated. Note, too, that while Oregon covers a lot of geographic
territory, its population is fairly small, approximately 4 million. Therefore, it has only five
congressional districts. By contrast, Pennsylvania, which covers less geographical territory
than Oregon, but with a population of over 12 million, has 18 congressional districts.
[Illustration depicting how Utah and Oregon are divided into districts]
Congressional Districts in the States of Utah (A) and Oregon (B)
The populations of states do change and the population distribution can change as well.
When this happens, a state may be allotted more or fewer representatives. After a new

apportionment, a state may have to redraw the boundaries of its congressional districts. This
process is called redistricting. The purpose of redistricting is to make sure that each district
has approximately the same number of people.
As the population of the United States has grown, the number of people represented by each
member of the House has also grown. Today, the average number of people served by a
representative is about 700,000 people.
Political parties try to manage reapportionment to their advantage. An attempt to redraw

districts to the advantage of one political party is called gerrymandering. The name comes
from Elbridge Gerry of Massachusetts. As governor of that state in 1810, he redrew districts
to favor his political party. Ever since, his name has been associated with unfair redistricting
practices. Since Gerry’s day, a number of bitter disputes have occurred over redistricting. In
1985, the Supreme Court outlawed unfair redistricting for one party’s advantage. Even
though this is the case, only five states have no elected representatives drawing the district
lines. The states of Washington, Idaho, California, Arizona and New Jersey have
independent commissions. Federal courts only get involved when the districts are drawn so
strangely that they’re clearly about politics.
When Elbridge Gerry redrew the congressional districts in Massachusetts, one of his districts
was an unusual shape. A senator from the opposing party said it looked like a salamander.
Another opposing senator quipped that it was actually a gerrymander.
What Representatives Do
Representatives serve terms of only two years. Therefore, they’re pressed for time. They
must try to study and draft bills, attend committee meetings, attend floor sessions to debate
and to vote, deal with the concerns of their voters, and raise money for their next campaign.
To manage voter concerns, representatives are allowed as many as 18 staff members.
Congressional staff people answer phone calls and emails, write letters, and keep their
representatives informed as well as they can.
Powers of the House of Representatives
The House works together with the Senate to draft legislation. Bills must pass both houses of
Congress in exactly the same form. Otherwise, they don’t go to the president for his

consideration.
As you probably remember, the early colonists were very concerned about taxation without
representation. For that reason, the framers of the Constitution made sure the people’s voice
would be heard on matters relating to taxes. The House of Representatives has special
authority over taxing and spending. By law, all tax bills originate in the House. The same
goes for most spending measures. Finally, the House has the power to vote to impeach an
official of the government. President Nixon resigned the presidency in 1974 when threatened
with impeachment. He didn’t want to give the House time to cast that vote. However, if the
House votes for impeachment, the actual trial is held in the Senate.
Committees in the House of Representatives
Like the Senate, the House does much of its work in committees. Committees in the House
are almost the same as those in the Senate, but the House has more of them. In 2015, the
House maintained 20 standing committees and approximately 101 subcommittees. There
were also four joint committees and two select committees. The following are some of the
powerful and important committees in the House:
The Appropriations Committee studies ways to spend money on different programs.

The Ways and Means Committee decides how to raise money for various programs.
The Budget Committee takes part in evaluating and revising the annual budget
proposed by the president.
The Energy and Commerce Committee is concerned with energy policy and trade. It
oversees the Interstate Commerce Commission.
The Rules Committee helps the Speaker of the House schedule bills for consideration.
House Procedures and Leadership
As you’ve already learned, debate time in the Senate is more or less unlimited. In the House
of Representatives, however, debate is strictly regulated by the Rules Committee. You’ll
learn more about how that works when you study how laws are passed.
The most powerful person in the House of Representatives is the Speaker of the House.
Under current law, the Speaker of the House is the next in line to act as president of the
United States if both the president and the vice president become unable to fulfill their duties.

The Speaker is the most prominent member of Congress. He or she presides over the
House and is the head of the majority party. The Speaker assigns members to special
committees and decides which bills go to which committees. With the help of deputies, he or
she oversees the committees. Above all, the Speaker is responsible for scheduling debates
and voting on bills. The Speaker’s powers allow him or her to decide which bills will get to
the floor for debate. The House considers far more bills than the Senate. For this reason
alone, the Speaker’s power over federal and state legislation is enormous.
Other leaders of the House include the majority and minority leaders. As in the Senate, the
leaders in the House are assisted by party floor leaders called whips. The House also has a
sergeant-at-arms. The duty of this officer is to maintain order. More often, he or she will be
sent to round up representatives when it’s time for a floor vote. The clerk of the House, also
an important leader, keeps track of bills and debates and records votes.
Who Gets Elected to the House of Representatives?
In 2018, the average cost of a campaign to run for the House of Representatives was
approximately $2 million. Although that figure is considerably less than the cost of a Senate
campaign, the amount puts the office beyond the reach of most working Americans. It also
means that members of the House must spend an enormous amount of time trying to raise
money. Besides seeking wealthy individual donors, they must spend a lot of time dealing
with special interest groups, such as farmers, labor union members, teachers, lobbying
organizations, and large corporations.
Since the civil rights movement, minorities have gained a more seats in the House, however,
minorities are still grossly underrepresented. Throughout the twentieth century, women held
fewer than 4 percent of the House seats. In the twenty-first century, that figure is changing
significantly. In the year 2000, 56 of the representatives were women, holding about 12% of
the House seats. In 2012 that became 79 female representatives, or about 18%. In 2020,
that number grew to 119 women, or about 27%.
The following table summarizes some characteristics of both the Senate and the House of
Representatives.
This table provides a comparison of some aspects of the Senate and House of
Representatives:

Factors Senate House of Representatives
Length of Term Six Years Two Years
Constitutional
requirements for 30 years of age, United States citizen for 9 years,
resident of the state represented
25 years of age, United States citizen for
7 years, resident of the state represented
office
Ratifies treaties
Approves appointments of Supreme Court Has sole power to initiate all tax
Special powers justices, federal judges, ambassadors, and measures
other important officials Can vote to impeach a government
Conducts impeachment trial following vote in official
House
Leadership and President pro tempore, majority and minority party Speaker of the House, majority and
officials leaders, party whips minority party leaders, party whips,
sergeants-at-arms
Debate rules Unlimited debate Tightly controlled debate
How Laws Are Made
The process of making a law is complex. The following steps explain the procedure.
Step 1. The first step in making a law is to introduce a bill, or a proposal for a law. A bill can
be introduced in either the House of Representatives or the Senate. The bill might propose a
federal school lunch program, a revision to the tax code, or any number of other issues. Let’s
say we’re following an imaginary House bill that will ban snowmobiles from operating in
national parks. The bill is introduced by Representative Quill, a Democrat from Colorado (D.
Col.), and Representative Foresite, a Democrat from Wyoming (D. Wyo.).
Step 2. The bill is assigned a number. If a bill is introduced in the House, the number will be
something like HR122. HR stands for House of Representatives. In the Senate, the number
will be preceded by S—for example, S103. The name of the sponsor or cosponsors is written
on the bill. For example, our imaginary bill would probably be called the Quill-Foresite Bill.
Step 3. HR122 goes to the Government Printing Office, which makes copies for distribution
to all government employees concerned with the bill.
Step 4. Next, the Speaker of the House or the person presiding over the Senate assigns the
bill to the appropriate committee. Generally, the House or the Senate parliamentarian
handles the assignment. A parliamentarian knows the rules of procedure and where a bill

should go according to those rules.
Step 5. Once it’s assigned to a committee, the bill is put on the committee calendar. That is,
it gets put in line among other bills assigned to that committee. In the House of
Representatives, the Speaker can put time limits on bills. These limits affect how a bill gets
placed on a committee’s calendar.
In a committee, one of three things can happen to a bill:
The bill dies in committee. That means the committee doesn’t do what’s needed to
move the bill along. Therefore, the bill is never reported from the committee to the full
House or the Senate.
If members of the House of Representatives want to get a bill out of a committee, they
can get it out with a discharge petition. The petition must be signed by a majority of the
members of the House. As you can imagine, that doesn’t happen very often.
The committee does what it’s supposed to do. The bill gets reported to the full House or
Senate.
In the House, most bills go to the Rules Committee before they reach the floor. The Rules
Committee sets up the rules for debating the bill in the House. If the committee decides on a
closed rule, there will be a strict time limit on debate. Also, no amendments can be added to
the bill. You can see that the Rules Committee can play a big part in whether or not a bill
gets passed.
Step 6. The bill must be placed on the calendar. In the House, bills are placed on one of four
house calendars in the order in which they were reported from the committee. However, the
bills aren’t necessarily brought to the floor in that order. The Speaker of the House and the
majority leader have power to decide which bill comes to the floor and when. In fact, many
bills never get to the floor at all. For example, if the Speaker of the House likes to go
snowmobiling, he or she may find ways to keep HR122 from ever being voted on.
In the Senate, bills are placed on one of two calendars. The legislative calendar is for most
bills; the executive calendar is for treaties and nominations. (See the list below.) The majority
leader of the Senate sets up the schedule for bills to come to the floor.
House Legislative Calendars for Different Kinds of Bills

The union calendar is for bills that raise revenues or spend public money.
The house calendar is for bills that don't raise revenue or call for the appropriation of
money or property.
The consent calendar is for bills that aren't controversial. An example might be a bill that
calls for honoring astronauts. Such a bill is generally passed without debate. This sort of
bill is called up for vote on the first and third Monday of each month.
The private calendar is for claims against the United States. For example, such a
measure might involve claims of Native Americans for compensation for past wrongs
against them.
The house has four different calendars. Depending on what kind of bill is involved, it will be
placed on the appropriate calendar.
Step 7. The bill is debated in either the House or the Senate. Since the House of
Representatives has 435 members, debate time must be restricted. The Rules Committee
establishes the restrictions. Generally, bills are debated by what’s called the Committee of
the Whole, which includes all of the members who are interested in talking about the bill.
Most House business is conducted in the Committee of the Whole because it doesn’t require
a quorum. As you’ve already learned, a quorum is a specific number of members that must
be present to conduct business. During debate in the House, representatives can suggest
amendments to the legislation. Any such amendments must be germane—that is, they must
be related to the subject of the bill. After debate is closed, a call goes out for the
representatives not present to come to the floor for a vote.
Debate in the Senate is unlimited. It can go on and on. Also, suggested amendments don’t
have to be related to the topic of the legislation. Therefore, senators may propose a rider. A
rider is a bill attached to another bill. It may often have nothing to do with the first bill. Often,
a rider can’t get passed on its own. Therefore, it gets a “free ride” on another bill. Riders are
attached to important bills in order to get pet legislation passed along with a major bill.
Another tactic, called a filibuster, can be used to defeat a Senate bill by talking it to death.
Let’s say that the Senate is debating a bill like HR122. Senators that come from states that
manufacture snowmobiles may think it’s a bad bill. They can filibuster. That is, they can get
the floor and keep it, hour after hour, day after day, until everyone gives up and the bill dies.
The only way to defeat a filibuster is to invoke cloture. Cloture occurs when a senator makes

a motion to end debate. The motion must then be seconded—that is, another senator must
agree with the motion. To end debate, the motion for cloture must get 60 votes out of a
possible 100 senators. In today’s Senate, the filibuster has been used on almost every bill
that comes up. The minority party has used this to keep bills they don’t like from coming to a
vote because they know the majority will win. This has been used a lot since the early 2000s.
Step 8. At last, HR122 is brought to a vote in the House. Bells ring. Members of the House
wander into the chamber. Some stand around talking; some sit and read the newspaper. The
house is finally called to order. If a quorum is present, the vote is called.
Each representative slides a special plastic card—like a credit card—through an electronic

reader in a certain way. The vote can be “yea,” “no,” or “present.” “Present” means that the
person abstains from voting either way. A big electronic display on the wall of the chamber
registers the votes as they come in. If the bill passes, it goes to the Senate.
Voting in the Senate isn’t electronic. If a quorum is present, a clerk calls the roll of each
senator. The senator votes and the clerk records the vote. If the bill passes, it then goes to
the House.
Note: Bills that are introduced and passed first in the Senate must be sent to the House for a
vote in the same procedure. Conversely, bills that are introduced and passed first in the
House must be sent to the Senate for a vote. This can provide a clue as to why Congress
can be slow in passing bills.
Representatives in the House don’t have assigned seats. But there’s a custom about who
sits where. The Democrats sit on the left side of the central aisle. The Republicans sit on the
right side of the aisle. That’s one way we got our political idea of “left wing” and “right wing.”
Step 9. Once both houses of Congress have passed a bill, it’s sent to the president of the
United States for approval. The president has 10 days to review the bill. Here’s what can
happen next:
The president signs the bill and returns it to the house where it originated. If he does this
within 10 days, not counting Sundays, the bill becomes law.
The president doesn’t sign the bill, but holds it for 10 days. If Congress is still in session,
the bill becomes law.
The president returns the bill within 10 days, but unsigned. It is vetoed. To override this

veto, both houses of Congress must approve it with a two-thirds majority. Otherwise, the
bill is defeated.
If the president hasn’t signed the bill and Congress adjourns within the 10-day period,
the bill doesn’t become law. This occurrence is called a pocket veto.
The chart below summarizes the steps in the process of making a bill into a law.

In the process of becoming a law, a bill goes through many different steps.
Watch a classic Schoolhouse Rock video (www.youtube.com/watch?v=FFroMQlKiag) that

explains how a bill becomes a law.
The Legislative Branch in Action

This section covers two bills passed by Congress at very different times in the history of the
United States. Now that you have an idea of how Congress passes such bills, you should
appreciate what goes into getting these laws into the books.
Wagner Act
If consumers are to have the goods and services that they need and want, then business
owners and employees must get along. That, unfortunately, hasn’t always been easy. Over
the years, business owners and employees have been in a power struggle. The outcome of
this struggle has sometimes favored the workers’ side. More often, however, it has favored
the side of the business owners.
During the Great Depression of the 1930s, working people had it tough. Wages were low and
unemployment was high. Senator Robert Wagner of New York proposed a bill to help
workers get a better deal. His bill eventually led to the National Labor Relations Act of 1935,
often called the Wagner Act. The Wagner Act allowed workers to organize labor unions. It
entitled unions to engage in collective bargaining with business owners and managers. It
also required employers to refrain from unfair labor practices. The act also created the
National Labor Relations Board (NLRB) to oversee the provisions of the act.
The Brady Bill
Many people in the United States feel that the Second Amendment guarantees private
citizens the right to own firearms. Other people feel threatened by the wide availability of
guns. People who live in big cities are especially worried about the guns used in violent
crimes. The struggle over gun control continues.
In 1981, an attempt was made on the life of President Ronald Reagan. Reagan was
seriously injured. One of the stray bullets entered the brain of White House Press Secretary
James Brady. Brady was permanently disabled but made a promising partial recovery. He
and his wife, Sarah, pursued a seven-year struggle to introduce a gun control bill into
Congress. At last, in 1993, Congress passed the Brady Bill, which established a five-day
waiting period for people who wish to purchase guns. It also required licensing fees. By 1998,
a computerized system replaced the waiting period. The system allows law enforcement
personnel to make an immediate check on the background of anyone wanting to buy a gun.
Many feel that Americans are safer because of Sarah and James Brady’s long struggle for

gun control. The nonprofit lobbying group, The Brady Campaign, continues to advocate for
gun control legislation.
Immigration Reform
In 2007, President George W. Bush wanted a comprehensive immigration bill to be passed

during his presidency. A comprehensive bill means that it addressed all aspects of the
debate over immigrants, including controlling the borders, further work on guest workers
programs for southern farmers, and dealing with the illegal immigrants currently in the
country, some of whom have been here for decades with no legal status. The president was
committed to this because of the effect it had on the border states, including Texas where he
was governor before being elected. He worked with senators Edward Kennedy and John
McCain on the bill. He hoped that having the liberal Kennedy and conservative McCain
would help get the bill passed. The Senate seemed willing to pass a compromise bill that
would strengthen border security, allow for more legal immigrants coming for seasonal work,
and provide a path to citizenship for immigrants in the country who for years came illegally.
Although liberal groups didn’t like parts of the bill, it was conservatives in the House of
Representatives who were able to stop the bill from passing. Many conservatives objected to
the last part of the compromise, believing there should be no way to become a citizen while
being in the country illegally. Such a measure is often referred to as amnesty. Individuals
and groups opposed to amnesty argue that it punishes those attempting to immigrate to the
United States legally and undercuts the legal process. This continues to be what stops
Republicans from supporting an immigration bill. Most Democrats insist on creating a path to
citizenship, within an immigration bill, for those who are here illegally.
Key Points and Links

READING ASSIGNMENT
Key Points
There are three main branches of the federal government—legislative, executive, and
judicial.
The Senate must approve the president’s appointments of Supreme Court justices,
federal judges, and the cabinet.
Senators serve six-year terms, and only one-third of the Senate comes up for election at

any time.
Each state is divided into a number of congressional districts equal to the number of
representatives it’s allotted. The districts are determined according to population.
The first step in making a law is to introduce a bill, or a proposal for a law. A bill can be
introduced in either the House of Representatives or the Senate.
The president has the power to veto a bill. To override a veto, both houses of Congress
must approve it with a two-thirds majority.
Links
Virtual Tour of Historic Sites in Washington, DC (ahp.gatech.edu/buildings.html)

Senate Rules and Procedure (www.senate.gov/reference/reference_index_subjects/Rul
es_and_Procedure_vrd.htm)
Senate Powers (www.senate.gov/pagelayout/history/one_item_and_teasers/powers.htm
)
Find Your Senate Representative (www.senate.gov/general/contact_information/senator
s_cfm.cfm)
Congressional Apportionment (www.census.gov/topics/public-sector/congressional-app
ortionment.html)
Find Your US House Representative (www.house.gov/representatives/find/)
House Rules and Procedures (clerk.house.gov/legislative/legprocess.aspx)
The Redistricting Game (redistrictinggame.org/)
Tracking Money Spent on Political Races (www.cfinst.org/federal.aspx)
How a Bill Becomes a Law (www.youtube.com/watch?v=tyeJ55o3El0)
Exercise: Powers of the Legislative Branch
Based on what you've read, answer the following questions.
1. What are the overall powers of the legislative branch?

2. Briefly compare debate rules in the House and the Senate.
3. What are the special powers of the House of Representatives?
4. What does the phrase advice and consent mean?
Exercise Answer Key:

Exercise: Powers of the Legislative Branch
1. Levying and collecting taxes, borrowing money by issuing bonds and certificates,
controlling and regulating commerce between the states and between the United States and
other nations, determining how people become citizens of the United States, printing and
coining money 2. In the Senate, debate time is more or less unlimited. In the much larger
House, debate is strictly controlled by the Rules Committee. Senate debate rules allow bills
to be talked to death through a filibuster. That isn’t possible in the House. 3. To best
represent the will of the people, tax measures must be initiated in the House. The House
also has the power to vote to impeach a federal official. 4. Advice and consent is the
Senate’s power to approve or reject presidential appointments.
3.2 Describe the executive branch

The Federal Government: Executive Branch
READING ASSIGNMENT
When the framers of the US Constitution created the executive branch of the government,
they decided to limit the length of time a person could serve as president. They were
concerned about what too much power in the hands of one individual might lead to. In
addition, they included the system of checks and balances to prevent any one branch from
becoming too powerful. Although the president of the United States is a very powerful
individual, the plan implemented by the framers over 200 years ago is still working today.
The executive branch can be organized into three divisions:
1. The executive office of the president is made up of offices and agencies that help
develop and implement the policy and programs of the president. It includes
The president
The vice president
The White House staff
Agencies such as the National Security Council (NSC) and the Council of Economic
Advisors (CEA)

The White House press secretary
The Office of Management and Budget (OMB) (The OMB is an agency in its own right,
which helps the president plan the annual budget for the nation.)
The 15 executive departments make up the largest part of the executive branch. The
heads of these departments, called secretaries, make up the president’s cabinet.
Over 200 independent federal agencies comprise the third part of the executive branch.

[Table listing federal agencies]
There are in fact over 200 individual federal agencies. These are just some examples.
This section of the study lesson examines each one of these divisions individually.
Access www.whitehouse.gov (www.whitehouse.gov) to learn more about the executive

branch.
The President
Terms of office. The president and vice president of the United States are elected for a four-
year term. They’re the only two government officials elected by the entire nation. Although
George Washington, the first president, could have been reelected after two terms, he
refused to run for a third term. He set a precedent for the number of terms a president should
serve. Throughout American history, only 13 presidents have served two full terms; most
presidents have served only one term or less.
A precedent is an act or decision that serves as an example or model in the future.

Washington’s precedent of serving only two terms lasted until Franklin Roosevelt
campaigned for and won a third term in 1940 and a fourth term in 1944.
Franklin Roosevelt was the exception to the one- or two-term president. He was elected to
four consecutive terms. He was president during the Great Depression and World War II
when the nation wanted strong leadership. Roosevelt provided that leadership. The Twenty-
Second Amendment, which was added to the Constitution in 1951, states, “No person shall
be elected to the office of the president more than twice.”
[Photo of the White House]
The White House is the official

residence for the president of
the United States. It has 132
rooms, 35 baths, 28 fireplaces,
412 doors, 6 levels, 147
windows, 8 staircases, and 3
elevators. The White House
requires 570 gallons of paint to
cover its outside surface.
Compensation. Congress sets the president’s salary, which is currently $400,000 per year.
On top of this, the government pays for many presidential needs. One example is Air Force
One, the presidential aircraft. Of course, the president is also provided with a home to use
during his term of office.
Originally, the Electoral College voted for two presidential candidates. The winner became
president and the runner-up became vice president. A tie vote between Aaron Burr and
Thomas Jefferson in 1800 showed this system to be flawed. Congress stepped in and
decided the election in favor of Jefferson. To avoid further confusion, the Twelfth
Amendment was ratified in 1804. Thereafter, the president and vice president had to be on
separate ballots.
Responsibilities. The first responsibility of the president is to protect and defend the US
Constitution. Under this responsibility, the president is expected to uphold the laws of
Congress. He must also act to lead the nation. This means setting domestic and foreign
policy goals. When promoting legislation, the president must act to secure and enhance the
general welfare of all citizens. He must also act to defend the people of the United States
against all enemies, foreign and domestic.
A woman will probably become president of the United States someday. However, since all
presidents so far have been men, the pronoun he is used to refer to the president.
As commander in chief of the armed forces, the president has primary responsibility for
defending the United States against foreign invaders and domestic disorder. Congress does
have the power to declare war. However, historically, the president has sent in troops to
foreign lands before consulting Congress. Rapid response to military threats is necessary in
our modern world. Even so, some have questioned the president’s power to use the armed

forces without the approval of Congress. Most of the military actions by the United States
since World War II haven’t had this declaration of war. Congress has continued to have the
power to provide money for the armed forces.
[Figure describing Harry S. Truman]
Legislative powers. The legislative powers of the president are extensive:
The president is expected to propose legislation to Congress. Ideally, those proposals

should be based on the platform of his political party.
The president may act to veto legislation. (You’ve already learned how that works.)
The president may issue executive orders that have the force of law.
The president can implement laws by directing federal agencies, such as the
Department of Justice.
Judicial powers. The judicial powers of the president include appointing Supreme Court
justices and federal judges. As you know, he must do so with the approval of the Senate.
Even so, the president’s choices have long-term effects on the judicial system, because
judges are appointed for lifetime positions. The president also has important judicial powers
through executive agencies. For example, through the Department of Justice and the FBI, he
can prosecute a war on drugs.
Presidential power is often exercised through federal agencies, which are under control of
the executive branch. For example, the Securities and Exchange Commission (SEC)
regulates stock and bond trading abuses. The Immigration and Naturalization Service (INS)
regulates the entrance of immigrants into the United States. While the president delegates
much authority to the many officials of the executive branch, he can step in to direct these

activities. The president also sets the tone for the policy decisions made within the agencies.
Finally, the president can issue pardons and reprieves in criminal cases involving federal
officials. Such actions don’t require the approval of Congress. However, the president can’t
pardon an official who has been impeached.
In addition to nominating justices and judges, the president appoints cabinet secretaries and
many other important government officials.
The Fate of Some Presidents
Four United States presidents have been assassinated: Abraham Lincoln (1865), James A.
Garfield (1881), William McKinley (1901), and John F. Kennedy (1963). Four others have
died in office: William Henry Harrison (1841), Zachary Taylor (1850), Warren G. Harding
(1923), and Franklin D. Roosevelt (1945). Some presidents, like Woodrow Wilson, have
been disabled by the stress of the job. Being president isn’t easy. Thomas Jefferson knew
that when he described the presidency as a “splendid misery.”
Economic power. The president exercises economic authority through tax and spending
proposals. The president is also responsible for preparing an annual budget. The proposals
and proposed budgets, however, may be blocked or modified by Congress before being
approved.
Foreign affairs. Our country doesn’t exist all alone in this world. We have to deal with many
other countries in a variety of ways—for example, trade. Throughout the history of the United
States, our presidents have had a variety of opinions on dealing with foreign nations. Here
are some examples of some presidential activities that involved foreign nations:
In 1803, President Thomas Jefferson made the Louisiana Purchase. Technically, he did
so without constitutional authority.
Our fifth president, James Monroe, established the Monroe Doctrine, which was a
warning to Europe to keep out of the Western Hemisphere. Since then, the United
States has felt free to intervene in the affairs of American interests beyond the United
States. For example, under Theodore Roosevelt, the United States saw to it that
Colombia lost its claim to a vital part of Panama. Soon after, the United States began
construction of the Panama Canal. The Canal Zone was the property of the United

States until 1999.
In 1991, President George H.W. Bush crafted a United Nations coalition, which was
used to free Kuwait from the forces of Iraq.
The US Constitution requires the president to regularly give Congress information on the
state of the union. Each year in January, the president addresses a joint session of the
House and Senate. This “state of the union” message is televised to the entire nation. Often,
the president uses this speech to propose goals for the nation. Of course, he may also use it
as an opportunity to defend the record of his administration.
[Figure describing the events that led Richard M. Nixon to resign.]
The Vice President
The vice president has only two formal duties—to preside over the Senate and to replace the
president of the United States if the president is unable to carry out his duties. If there’s one
vital thing to remember about vice presidents, it’s this: they sometimes become presidents.
Table 5 lists those vice presidents who became president by succession. Succession refers
to the order in which a person becomes president if the president is unable to fulfill his
duties.

[Table listing vice presidents who became president by succession]
Gerald Ford became president upon the resignation of Richard Nixon. All others became
president upon the death of their predecessor.
The original order of succession was established in 1792 and revised in 1886. The
Presidential Succession Act of 1947 changed the order again to what it is today. The image
below presents the current order of presidential succession.

[Figure listing the order of presidential succession]
This list outlines the order in which a person would become president of the United States if
the president were unable to fulfill his duties. After the first three, the cabinet members are
ordered in the line of succession according to the date their offices were established.
The US Constitution assigns only one responsibility to the vice president—to preside over
the Senate. However, this responsibility is mainly a ceremonial duty with the exception of
attending to cast a tie-breaking vote. In addition, the vice president often attends Cabinet
meetings, and is often assigned specific duties by the president. Recent vice presidents have
been quite active. For example, they often become active advisors to the president. Vice
presidents also tend to matters of state as they may arise. For instance, the vice president
may attend state funerals on behalf of the president. They may also be put in charge of
federal agencies.
The importance of the job of vice president rests in the fact that at any moment they may be
required to take over the most powerful office in the world.
Executive Departments
Congress makes the laws and the judicial branch interprets them. It’s up to the executive
branch to administer and enforce the laws. The executive branch has grown in size and

complexity over the years. Today, it includes 15 major executive departments. The head of
each of these departments is called the secretary. Along with the US vice president, these
15 secretaries make up the president’s cabinet. The table below lists the 15 executive
departments, along with a brief description of their responsibilities and some of the major
agencies within the departments. The next section in this study lesson covers executive
agencies.

[Table listing executive departments and samples of their agencies and responsibilities]
Government departments and agencies are organized as bureaucracies. A bureaucracy is

an organization designed to handle complex tasks efficiently. It does so by assigning
specialized tasks to individuals. It also develops precise job descriptions and procedures.
People who work in a bureaucracy do their jobs within a chain of command. That means
lower employees report to a supervisor. The supervisor, in turn, reports to a department

chief, and so on. When people speak of government bureaucracy, they usually mean it in a
negative way. Of course, some bureaucracies do get bogged down. They may need
reorganizing. But bureaucracies are simply efficient ways of organizing work.
Federal Agencies
Independent federal agencies make up the third part of the executive branch. They perform
many different tasks and services. Some independent federal agencies are called regulatory
agencies because they have legal authority to identify abuses, gather evidence, and take
legal action. In effect, regulatory agencies make laws through the power of the executive
branch. The following paragraphs briefly summarize the responsibilities of some of the many
independent agencies.
The Federal Communications Commission (FCC) is a regulatory agency that reports directly
to Congress. The commission helps to regulate the clutter of commercial broadcasting by
licensing broadcasters to transmit at certain electromagnetic frequencies. A television station
broadcasts at an assigned frequency that corresponds to a channel on your television
receiver. An FM radio station is licensed to broadcast at a frequency that corresponds to a
particular place on your radio dial. If a broadcaster violates FCC rules, it can lose its license.
The Peace Corps trains volunteers to do all kinds of work for people in less-developed
countries. Some volunteers may work as teachers; others may help people in Africa develop
a safe water supply for their village. The Peace Corps, initiated under President John F.
Kennedy, was intended to demonstrate America’s concern for the people of disadvantaged
nations.
[Photo of astronaut on the moon]
The landing of a manned

spaceship on the moon was a

major step forward in the space
program.
The National Aeronautics and Space Administration (NASA) was founded under President
Dwight D. Eisenhower in 1958. This organization became interesting in the 1960s, when
space travel became much more extensive. Men first landed on the moon in 1969 during the
administration of Richard Nixon. NASA combines several agency functions in one. These
include the Ames Research Center, Armstrong Flight Research Center, Goddard Space
Flight Center, and the Glenn Research Center. The agency employs thousands of engineers
and scientists.
The Central Intelligence Agency (CIA) has its headquarters in Langley, Virginia. According to
its website, the CIA’s mission is to “support the president, the National Security Council, and
all who make and execute US national security policy by
Providing accurate, evidence-based, comprehensive, and timely foreign intelligence

related to national security
Conducting counterintelligence activities, special activities, and other functions related to
foreign intelligence and national security as directed by the president”
The CIA gathers information from around the world by employing field agents (spies) and by
monitoring electronic transmissions, breaking codes, and studying photos taken from orbiting
satellites.
Regulatory agencies that are a part of the executive branch of government include the
following:
The Consumer Product Safety Commission (CPSC) researches consumer products for
basic quality and safety. For example, the CPSC worked to demonstrate the importance
of child safety seats in automobiles.
The Commission on Civil Rights investigates complaints filed under the Civil Rights Act
of 1964 and the Voting Rights Act of 1965.
The Environmental Protection Agency (EPA) monitors the provisions of the
Environmental Protection Act (EPA). This agency is concerned with safe water, air
pollution levels, and hazardous wastes.
The Equal Employment Opportunity Commission (EEOC) works to reduce

discrimination in the workplace.
The Federal Deposit Insurance Corporation (FDIC) was developed during the Great
Depression of the 1930s. Many banks failed and millions of Americans lost their
savings. The FDIC insures most savings and other bank deposits for up to $250,000. It
acts as an insurance agency that also imposes some regulations on banks.
The Interstate Commerce Commission (ICC) regulates trade between the states. It
developed from early efforts of the United States government to remedy shortcomings in
the Articles of Confederation.
The Federal Elections Commission (FEC) oversees federal elections. State districts
often have problems with vote counts and administration. The FEC tries to sort out
human error from fraud.
The Small Business Administration (SBA) is designed to help small businesses. Since
small businesses generate most new jobs, it makes sense to give them help. The SBA
can help with business plans, business organization, and financing problems.
The Executive Branch in Action
The federal executive branch has very real effects on the lives of all US citizens. For
example, if you have a job, your paycheck is affected by the taxes you pay to the federal
government. If the government institutes the military draft during a time of crisis, you may be
chosen to serve your country. If you ever get lost in a national forest, you might be rescued
by a park ranger. That would introduce you to the executive branch in yet another way. As
you can see, when we speak of the executive branch in action, we’re talking about many
kinds of action. Let’s look at some examples that may help you see the wide reach of the
executive branch.
Rural Electrification Administration
The Rural Electrification Administration (REA) is an agency of the Department of Agriculture

with offices in downtown Washington, DC. In 1935, during the Great Depression, Congress
established the REA. Its aim was to get electric power to rural areas. This task was
accomplished mainly by helping people in rural areas to form REA cooperatives, or co-ops.
Once approved, a co-op received a government loan. The money from the loan was used to
build transmission lines and substations. Once this was completed, the co-op could buy
power from large electric utility companies like Niagara Power.

Many REA co-ops remain today. They’re common in western states like Montana and
Wyoming. Each co-op member is a shareholder in the co-op. Members also pay regular fees
to the co-op for electric service. Most REA loans have been repaid with interest. REA has
been a great success. Its cooperatives were largely responsible for getting power to rural
areas across the nation.
Works Progress Administration
REA was just one of a large number of initiatives that helped America get through the Great
Depression. Under the leadership of Franklin Roosevelt, a large number of public works
programs were managed under the Works Progress Administration (WPA). WPA was part of
what Roosevelt called his New Deal. Under this plan, the Grand Coolee dam was built, many
highways were laid, and a number of bridges were erected. These work programs gave
people jobs. The workers’ pay allowed families to buy groceries and housing. All of these
activities together helped the national economy to recover.
Upward Bound Project
The Upward Bound Project was one of several projects developed during the presidency of
Lyndon Johnson. It was administered under the federal Office of Economic Opportunity
(OEO). During his term as president, Johnson declared a Great Society program and a war
on poverty. Part of this was the Upward Bound Project, which helped disadvantaged youth.
The job of the Upward Bound workers was to help high school students from poor
backgrounds become interested in higher education. Each student in the two-year program
received special attention and encouragement. They spent six weeks each summer at
Virginia Tech, where they lived in the dorms, took classes, and attended special activities.
National research has confirmed that Upward Bound helped. The great majority of
participants went on to college, even though most of them came from families in which few
members had even finished high school. Young people from the mountains of Virginia ended
up with college degrees and good jobs. The taxes from their jobs have paid for the cost of
the program many times over.
Race to the Top
In 2009, President Obama established the Race to the Top competitive grant for school

districts and states taking steps toward reforms in their educational systems. It is funded
through the American Recovery and Reinvestment Act of 2009, better known as the Stimulus
Act. The Department of Education’s criteria assess applicants on priorities like teacher
evaluations, Common Core standards adoption, and expanding school choice options. There
has been criticism that the federal government plays too great a role in education. As you
remember, it’s supposed to be the responsibility of the states to implement education
policies. Others have argued that most of the reform criteria haven’t shown proven results
and that the program creates unneeded pressure on teachers.

READING ASSIGNMENT
Key Points
The president and vice president of the United States are elected for a four-year term.
They’re the only two government officials that the entire nation can vote for.
The executive branch also contains various departments and agencies.
A major responsibility of the executive branch is to enforce the laws of the nation.
Links
The Executive Branch (www.whitehouse.gov/our-government/executive-branch)

What Is the Role of the President? (www.trumanlibrary.org/whistlestop/teacher_lessons/
3branches/exec_toc.htm)
Exercise: The Executive Branch
1. What are the two formal duties of the vice president?

2. What are the three parts of the executive branch?
3. What were the Constitutional changes to the presidency?

Exercise: The Executive Branch
1. The vice president presides over the Senate when there’s likely to be a tie vote, and he’s

responsible for taking over the duties of the president should that be necessary. 2. The
executive branch is composed of the executive office of the president, the executive
departments, and independent agencies. 3. The election of the president in the 12
amendment and the terms limits in the 22nd amendment.
3.3 Describe the judicial branch

The Federal Government: Judicial Branch
READING ASSIGNMENT
Supreme Court justices and federal judges are appointed for life. That provision of the
Constitution was intended to allow federal judges to “stand above the fray.” In other words,
they have to be able to make decisions without fear of being removed from office in the next
election. Above all, the framers of the Constitution believed in the idea of equal justice under
law. For you and me, that means learning to balance freedom and responsibility. If we’re to
live in liberty, the rights of all must be considered. My freedom means I claim my rights, but
not at the expense of your rights. The rule of law is meant to maintain this principle.
The Supreme Court
The Supreme Court is the highest court of the land. It’s made up of nine Supreme Court
justices who hold court in the Supreme Court building. The head of the Court is the chief
justice. When the chief justice is effective, he or she can guide the final decisions of the
Court. Above all, the Supreme Court is a court of appeals, or an appellate court.
[Photo of the Supreme Court

building in Washington, D.C.]
The Supreme Court

building is located about

10 blocks away from the
White House—straight
down Pennsylvania
Avenue.
An appellate court doesn’t try cases. They’re tried in a lower court. However, the decision of
the lower court can be appealed to a higher court, such as the Supreme Court. In fact, the
Supreme Court is the court of last appeal. There’s nowhere to go after the Supreme Court
hands down a decision and it’s up to the lower courts to follow its ruling.
Around 5,000 cases are appealed to the Supreme Court each year. Obviously, the Court
can’t act on all of them. The justices review all these cases, but they hear only about 200 of
them. Some cases are combined together under one case to be heard, others aren’t heard
and the previous court’s decision stands as final. Every effort is made to ensure that the
most important cases get attention. Cases that challenge the Constitution are those most
often considered.
When a case is heard, attorneys speak for both parties to the case. The justices listen
carefully and ask questions. They then retire to chambers to discuss the case. The chief
justice presides over the discussion. After discussion, the justices vote for or against the
case of the defending party. The decision is made by majority vote. That’s one reason there
are an odd number of justices. After the decision, one of the justices who voted with the
majority writes a legal defense of the decision. This document is called the opinion of the
court. Justices who voted against the decision may write one or more dissenting opinions to
explain their view. During a final session, the opinion of the Court is declared. Either the chief
justice or the senior member of the Court as the majority or dissent will have first opportunity
to do the writing.
Landmark Cases of the Supreme Court
You’ve already studied some important cases of the Supreme Court. In this section, you’ll
examine two additional cases—one that interprets due process and one that interprets the
right to privacy.
Miranda v. Arizona

The 1960s were years of political and social turmoil in the United States. Law enforcement
responses to civil demonstrations raised questions. Evidence seemed to indicate that police
were using excessive force against civil rights and antiwar demonstrators. In this period, the
Supreme Court overturned a number of state laws governing criminal procedure. The most
famous of these was a 1966 decision in Miranda v. Arizona, which changed state laws.
According to this decision, criminal suspects must be informed of their constitutional rights
when they’re arrested. Police often refer to this process as Mirandizing the suspect. You’re
probably familiar with the Miranda rights from television shows or films.
[Figure showing the Miranda Warning]
In their decision, the Supreme Court didn’t give exact wording of the Miranda rights.
However, law enforcement agencies have developed statements that can be read to
suspects. Officers carry Miranda cards something like this one so they can, if necessary,
actually “read” the rights.
All of the Miranda stipulations refer to the basic rights of the accused given in the
Constitution. For example, “You have the right to remain silent” refers to the Fifth

Amendment, which says that people aren’t required to incriminate themselves.
Roe v. Wade
The Supreme Court decision in Roe v. Wade (1973) was and continues to be very
controversial. The decision gave women the legal right to seek an abortion. It overturned a
number of state laws that banned abortion. The opinion of the court stated that the right to
choose an abortion was granted under the Constitution. Women are assured the right of
privacy and personal autonomy. Therefore, a woman has the right to choose whether or not
to continue a pregnancy—at least in the first trimester. Since 1973, abortion has remained
what politicians call a hot-button issue. All candidates running for office since Roe v. Wade
must declare themselves either pro-life (anti-abortion) or pro-choice (pro-abortion).
Autonomy actually means the state of being self-governing. In this case, however, it means
the right to individual choice.
A hot-button issue is one that people generally feel strongly about on one side or the other.
Both the Miranda case and the Roe case make a point that can never be settled. Justices of
the Supreme Court tend to interpret the Constitution according to their values. This isn’t
necessarily a bad thing. The whole purpose of law is to express common values shared by a
people. But that poses a problem in a diverse society like the United States where values
often differ greatly. Can values expressed in law ever balance rights and responsibilities to
everyone’s satisfaction? People in a democracy can never answer that question. But they
must never stop asking it.
Powers and Responsibilities of the Supreme Court
The most important power of the Supreme Court is probably judicial review. As you’ve
already learned, judicial review refers to the Court’s power to interpret the Constitution.
Decisions of the Supreme Court can overturn acts of the executive branch as well as federal
and state laws. Laws and executive decisions that are overturned in this way can’t be
appealed. Remember that the Supreme Court is the last court of appeals.
Visit www.pbs.org (www.pbs.org) to learn more about the history of the Supreme Court.
The Federal Court System

The federal court system in the United States has three levels: the Supreme Court, courts of
appeals, and district courts. The Supreme Court is the highest national court. It was
established by the Constitution. Below the Supreme Court are the courts of appeals and
district courts. These courts were established by Congress. Let’s take a look at these courts.
[Diagram depicting the structure of the federal court system]
The United States federal court system is divided into three

levels.
District courts. The bottom level of the federal court system consists of the district courts,
which are the federal trial courts. In these courts, federal cases are tried, witnesses testify,
and juries make decisions.
Congress has divided the entire nation into 94 federal court districts. Every state has at least
one federal district court. Puerto Rico, which is a US commonwealth but not a state, also has
a district court. Approximately 650 federal judges serve on these courts. All federal court
districts are contained within the boundaries of only one state. That is, no federal court
district crosses state lines.
The US military has its own legal code, called the Uniform Code of Military Justice. Its trials
are conducted by a panel of military officers, not by judges. Yet, people in the military are
also citizens. Therefore, court-martial decisions can be appealed to a federal court.
Courts of appeals. Each of the 94 districts is located in one of 12 regional circuits. Each of
these circuits has a court of appeals. If someone loses a case in a district court, he or she
can ask the court of appeals to review the case to see if the district judge applied the law

correctly. In addition to these 12 courts of appeals, there’s also a US Court of Appeals for the
Federal Circuit, located in Washington, DC. This court hears cases on the basis of subject
matter, not location. It hears cases from across the nation on patent infringements,
trademarks, and money claims against the United States, veterans’ affairs, and international
trade.
[Illustration of the United

States showing the 12
regional circuit court districts
in the federal judicial

system.]
This map shows the 12

regional circuits in the
federal judicial system.
Alaska and Hawaii are
part of the Ninth Circuit,
Puerto Rico is part of
the First Circuit, and the
Virgin Islands are in the
Third Circuit. Circuits 1–
11 are identified by
number. The twelfth
circuit is called the DC
Circuit.
Supreme Court. As you’ve already learned, the Supreme Court is the court of last appeal. If
someone loses a case in a court of appeals, that person can ask the Supreme Court to hear
an appeal. The Supreme Court can determine whether or not it will hear the case. In reality,
the Supreme Court hears only a small number of the cases it’s asked to review.

Special courts. In addition to these three levels of federal courts, there are also courts of
special jurisdiction and territorial courts. Courts of special jurisdiction include the US Tax
Court, the Court of International Trade, and the US Court of Military Appeals. The US Tax
Code is very complicated. It leads to disputes over interpretations. The Tax Court manages
these disputes. Territorial courts are located in the districts of Guam, the US Virgin Islands,
and the Northern Mariana Islands. These courts perform the job of both state and local
courts as well as the job of a federal court.
Across the world, the United States has possessions called territories. These include
American Samoa, the American Virgin Islands, and Guam. The territorial courts in these
areas serve as both trial courts and district courts.
Access www.uscourts.gov (www.uscourts.gov) to learn more about the structure of the

federal court system.
A Look Back at Checks and Balances
In some ways, the system of checks and balances has worked very well over the more than
200 years of US history. Here are just a few examples:
Through the power of judicial review, the Supreme Court has acted to keep our society
faithful to the Constitution.
Congress has kept a check on executive power. It has often done so by restricting
government spending or by directing it to other purposes.
Congress carefully questions the president’s nominees to the Supreme Court and
federal courts, and the president doesn’t always get his way.
Over the course of US history, the system of checks and balances has sometimes failed.
Here are some examples from different times in the country’s past:
In 1832, President Andrew Jackson ignored a declaration of the Supreme Court and
forcibly moved approximately 20,000 Cherokee men, women, and children from Georgia
to Oklahoma. About 4,000 of them died on the trip west.
Congress has had a hard time controlling the growth of the central government. Partly in
response to citizens’ requests, Congress has passed many laws that require more
bureaus in the executive branch to enforce them. Some people argue this has

increased the power of the executive branch and decreased the power of Congress.
The Patriot Act was enacted after the destruction of the World Trade Towers and the
attack on the Pentagon in 2001. Some feel that the provisions of this act violate the
Constitution. Sections of the Patriot Act, such as bulk collection of data, have been
challenged in federal court. The court did rule that the government cannot use this
method to collect data. However, most of the original provisions of the Patriot Act are
still in use today.
Access How Stuff Works (people.howstuffworks.com/patriot-act.htm) to review the Patriot

Act.

READING ASSIGNMENT
Key Points
Decisions of the Supreme Court can overturn acts of the executive branch, as well as
federal and state laws.
Links
The Supreme Court (www.supremecourt.gov/)

Justices of the Supreme Court (www.supremecourt.gov/about/biographies.aspx)
Supreme Court Interactive Games (www.pbs.org/wnet/supremecourt/games/index.html)
The Federal Court System (www.uscourts.gov/FederalCourts.aspx)
Exercise: The Supreme Court
1. What’s the main power of the Supreme Court?

2. Suppose the Supreme Court justices vote on a decision in Franklin v. United States.
The chief justice votes with three other justices in favor of Franklin. Who will write the
opinion of the court?
3. Why did the framers of the Constitution want Supreme Court justices appointed for life?

Exercise: The Supreme Court
1. The main power of the Supreme Court is the power of judicial review. Only the Supreme
Court can interpret the Constitution. Its interpretations become law since the Supreme Court
is the highest court in the land. 2. The opinion will be written by one of the justices who voted
with the majority. 3. The framers felt that members of the federal judicial branch should be
free to voice legal opinions. That freedom would be lacking if the justices feared losing their
jobs for rendering unpopular decisions.
3.4 Outline state and local government forms

State and Local Governments
READING ASSIGNMENT
State Governments
The continent on which the United States exists extends from the Atlantic Ocean to the
Pacific Ocean, a distance of over 3,000 miles. The states of Hawaii and Alaska extend these
boundaries even further. You can live halfway across the Pacific Ocean and still be a citizen
of the United States. You can also live well above the Arctic Circle at Alaska’s Prudhoe Bay
and be within the United States.
Out of Many, One
[Photo of the Sacagawea dollar coin]
Sacagawea Dollar Coin
On the front of the one-dollar coin is an engraved image of Sacagawea. She was a Native
American who helped guide two early American explorers, Lewis and Clark. On their
expedition they found an enormous untamed land, rich with resources, stretching from the
Missouri River to the Pacific Ocean. On the other side of the same coin is an engraving of an

eagle in flight. Beside the eagle is an inscription in Latin—E Pluribus Unum, which means
“Out of many, one.” The Lewis and Clark expedition reminds us that the American continent
is immense. Today it consists of 48 continental states, Alaska, and Hawaii. Its population is
approximately 319 million. All of these many states and many people are united under the
principle of federalism. Federalism means independence within a framework of union. The
United States is one nation with many parts.
Each of the 50 states and the District of Columbia has its own government, which is
generally located in the state capital. Within each state are many local governments. Imagine
a mosaic made up of thousands of separate pieces of colored tile. All of them together make
up American government. All of them are tied together by the provisions of the US
Constitution. All of them are joined by the principle of federalism.
[Photo the State Capitol Building in

Harrisburg, Pennsylvania (top) and
the State House of Representatives in
Denver, Colorado (bottom)]
Shown here are the State

Capitol Building in Harrisburg,
Pennsylvania (top) and the
State House of Representatives
in Denver, Colorado (bottom).
Differences Among the States

The differences among the states are related to at least four things:
The size of the state

The history of the state
The people who live in the state
The economy of the state
Let’s explore each of these four ideas with a couple of examples.
Rhode Island is our smallest state. At first, its Puritan founders wanted their Congregational
Church to be a guiding light to the settlers. In time, Rhode Islanders accepted religious
toleration. Yet, to this day, they value Christian piety, learning, and democracy under law.
The state’s economy reflects its location along the Atlantic seaboard. Its citizens value trade,
commerce, and Yankee ingenuity.
Texas was forged in a warlike contest of people. In 1836, Mexico controlled most of its
presentday territory. Also, wide areas of the region were still dominated by Native Americans
like the Cheyenne. Eventually, Texas fought for and won its independence from Mexico. For
a time, it was an independent country. When Texas became a state in 1845, Texans
retained a sense of rugged independence. Tourist ads for Texas refer to it as “a whole other
country.” It really was a whole other country at one time. Texas was settled by people looking
for land and freedom. They found plenty of land. Some of it was well suited to cattle
ranching. Some of it in the east was great for planting cotton. In time, what was under the
land—its rich oil reserves—became even more important to the Texas economy than their
famous longhorn cattle. To this day, a slang expression for petroleum is “Texas tea.”
The people who settled Oregon had strong ideas about individuality and independence.The
land of the Pacific Northwest is broad and fertile. Oregon is rich in forests and fisheries, and
it provides good land for dairy farmers. At the same time, Oregon is far removed from major
industrial areas like those of New York and Illinois. Citizens of Oregon value equality,
independence of spirit, and democracy.
Differences in State Laws
The differences in state and local laws reflect other differences among the states. For
example, New England states like Connecticut wanted Christian values to guide state laws.

Connecticut legislators struggled to contain sexual promiscuity. Their state laws and customs
rejected birth control measures and sex education for many years.
Virginia was the home of many of America’s founders. Its wealthy northern counties border
on the District of Columbia. Richmond, the state capital, was also the capital city of the
Confederacy. The central and southern counties of Virginia are still famous for tobacco.
Tobacco was a mainstay of the original colony and is still a major Virginia industry. Virginia
laws reflect this history. State legislation has long supported the tobacco industry. That
remains true even in the current “No Smoking” society. Virginia tobacco now finds its way to
foreign markets.
Texas depends strongly on money from petroleum and natural gas. The Texas Railroad
Commission is a powerful player in the state executive branch. That commission controls the
oil and natural gas resources of the state.
State Constitutions
State constitutions are similar in form to the Constitution of the United States. For example,
all of the states except Nebraska have a bicameral (two-house) legislature, which generally
consists of a Senate and House of Representatives. State constitutions also contain
measures or amendments similar to the Bill of Rights. However, most state constitutions are
much longer. One reason is that states have to be specific about many services offered to
state citizens. They also have to set up frameworks for their many county and city
governments. Some details on constitutions in several states are included in the appendix to
this study unit.
Appointment of Districts Within States
An important issue within each state is the arrangement of its congressional districts. As
you’ve already learned, the Census Bureau in the US Department of Commerce conducts a
national census every 10 years. After each census, the federal government informs the
states of the number of representatives that each will be able to send to the US House of
Representatives. This is the process of apportionment you learned about earlier.
Apportionment is based on changes in population. Over 10 years, some states gain
population and others lose population. For example, after the 2010 census, Texas gained
four seats and Michigan lost one. Because of such increases or decreases, each state must

reevaluate the arrangement of its districts.
Powers and Responsibilities of State Governments
Under the US Constitution, all powers not reserved to the federal government are reserved
to the states or the people. Main responsibilities of state governments include the following:
1. Establishing and enforcing the state criminal code

2. Establishing and enforcing regulations relating to property
3. Regulating industries, businesses, and public utilities
4. Regulating working conditions within the state
5. Regulating and administering elections
6. Regulating communications (including broadcasting) within the state
7. In cooperation with localities, funding and establishing curricula for public education
8. Building and maintaining state highways, bridges, ferry services, and so on
9. Establishing and maintaining state welfare programs, including state unemployment
compensation and social services programs
State laws and regulations may not contradict the United States Constitution. Nor may they
contradict other laws or treaties of the United States. Otherwise, all powers of the state are
considered lawful. And the laws of the states must be honored and obeyed.
However, a fair amount of overlap exists between state and federal governments. For
example, state welfare programs are often administered under federal regulations. The
federal government is also more and more involved in health, education, transportation, and
housing programs. Ideally, the states and the federal government work in cooperation, but
states often resent and resist federal programs imposed on them.
Branches of State Governments
The responsibilities of the three branches of state governments are similar to those of the
federal government. The legislative branch proposes and passes laws. As in all American
legislatures, it’s responsible for expressing the wishes of the people. Bills passed by state
legislatures can be vetoed by the governor. But a state legislature can override a governor’s
veto, usually with a two-thirds vote.
The executive branch of a state government serves the same basic purposes as the

executive branch of the federal government. The head of the executive branch in a state is
called the governor, who is a bit like a state president. Governors can usually veto
legislation.
Governors set goals that deal with state problems and serve the needs of state citizens. In
time of crisis or natural disaster, governors take responsibility for managing the emergency.
In the case of serious flooding, for example, a governor can declare a state of emergency for
certain counties or for the whole state. They can also call up the state National Guard to
restore order or help out with natural disasters. As in the executive branch of the federal
government, the state executive branch has executive departments and independent state
agencies. Many governors appoint important state officials as well as justices and judges.
However, in some states, executive branch department heads are elected rather than
appointed by the governor.
In the federal government, the person in the office of vice president takes over if the
president is unable to fulfill his duties. In state governments, a lieutenant governor is elected
along with the governor. If the governor dies in office or is otherwise unable to complete his
or her term, the lieutenant governor assumes the responsibilities of governor.
The state judicial branch upholds the laws of the state. Its highest court, often called the
supreme court, interprets the state constitution. So state supreme courts may also practice a
form of judicial review. The biggest part of a state judicial system involves its trial court
system, which includes
Courts of limited jurisdiction

Courts of general jurisdiction
Courts of limited jurisdiction. These courts include small-claims courts, traffic courts,
family courts, and juvenile courts. Most state courts are of these types. You may not be
surprised to know that most cases in courts of limited jurisdiction are for traffic violations.
Courts of general jurisdiction. These are the trial courts. There are two basic kinds of
courts of general jurisdiction—civil courts and criminal courts.
Civil courts deal mainly with disputes between private citizens involving property.
Property disputes always involve a breach of contract or implied contract. Therefore,
many civil court cases are concerned with disputes over who owes what to whom and

for what reason. For example, in a civil court malpractice case, a doctor may have to
pay damages for a treatment gone wrong. Or a builder may sue a plumbing contractor
for overcharging. A civil court may decide in favor of the plumbing contractor. The
builder may then have to pay court costs. In many states a special civil court called a
domestic relations court handles divorces and custody battles. In a contested divorce,
the court may decide if a spouse should get alimony payments or have custody of the
children.
A breach refers to the breaking or violation of an obligation.
Criminal courts deal with crimes, which are wrongs committed against the state. A crime
isn’t a dispute among private citizens. Criminal cases are prosecuted by an attorney
who represents the city, county, or state. That attorney may be called a county
prosecutor, a state’s attorney, or a district attorney. Crimes are of two kinds. Minor
offenses in law are called misdemeanors. Petty larceny and some cases of
embezzlement are treated as misdemeanors. Major offenses are called felonies.
Murder, rape, arson, grand larceny, and armed robbery are felonies. A misdemeanor in
one state may be considered a felony in another and vice versa.
A person charged with a felony is first indicted by a grand jury. The grand jury evaluates
evidence in the case to see if it warrants prosecution. If the grand jury indicts, the person
who is charged is scheduled for a pretrial hearing. Most criminal offenses, however, are
settled before they ever come to trial. Trials are expensive for the state, and the court
calendars are overloaded with cases.
Trials can be avoided in two ways:
1. A defendant may plead guilty in the pretrial hearing. In that case, the judge evaluates
the case and passes sentence. There’s no trial by jury.
2. The state, county, or city prosecutor negotiates with the defendant’s attorney. The
defendant may agree to plead guilty to a lesser charge. This is called plea bargaining.
The plea is filed with the judge. If the judge accepts the plea, he or she passes
sentence. Again, there’s no jury trial.
If a case comes to trial, a jury is selected. Attorneys for the defense and for the prosecution
present their cases before the jury. After the defense and prosecution have completed their

presentations, the judge instructs the jury. The jury deliberates and reaches a decision.
As in the federal system, many states have at least one intermediate court of appeals. As of
this writing, 39 states have at least one such court. After the jury renders its verdict, the
defense or the prosecution may file an appeal. It will go to an intermediate court of appeals if
the state allows for that. Otherwise, in every state, the final court of appeals is the state
supreme court.
County Governments
Each state is divided into counties. Texas has the largest number of counties with 254. Most
counties contain two or more townships and several villages, and most designate a town as
the county seat. That’s where you’ll find the county courthouse and county government
offices. Counties are generally governed by a board of supervisors or by county
commissioners. In less populous counties, the board of supervisors or the county
commissioners is elected by the people of the county. In larger counties, supervisors may
represent one or more townships. People of each township or district vote for their local
supervisors.
[Photo of a county
courthouse in Pennsylvania]
This county courthouse

is located in
Pennsylvania. It houses
several courtrooms, a
law library, and many
government offices.
In counties, the board of supervisors or county commissioners levy taxes, borrow money,
and supervise elections. They’re also responsible for building and maintaining schools,
highways, and bridges. Generally, they administer national, state, and local welfare

programs, such as the food stamp program. County governments establish the salaries for
their officials and employees, but these are often affected by state budgets or federal funds
given to localities.
City Governments
City governments are an important part of American life. Approximately three-fourths of

Americans live within metropolitan areas. In fact, city governments have a more direct effect
on most Americans than do federal or state governments.
City governments are chartered by the states. The charter outlines the powers and
responsibilities of the city’s government. The types of city governments vary quite a bit
across the nation. However, nearly all of them have a central council elected by voters. They
also have some kind of executive, generally called a mayor. To manage the city, the
executive gets help from various departments.
There are three common types of city government: the mayor-council form, the commission
form, and the city manager form. However, some cities combine the types in unique ways.
1. The mayor-council form is the oldest type of city government in America. It’s structured
very much like state and national governments. The mayor and the mayor’s office act as
the executive branch. An elected city council acts as the legislative branch. The mayor
appoints department heads and other officials, often with the approval of the city
council. The city council levies taxes, borrows money, and appropriates money for city
departments, such as the police department. Although this form of government has no
judicial branch as such, the city council can pass local ordinances that have the weight
of law and are enforced by the city police department.
2. The commission form merges executive and legislative functions in a single group of
officials. Three or more commissioners are elected across the city. Each commissioner
is responsible for certain departments. Commissioners also establish ordinances related
to their departmental authority.
3. The city manager form employs professionals who are trained in urban management.
The city manager, in effect, is a professional paid administrator. This form has become
more and more common as urban problems have grown more complex. A city manager
generally answers to an elected town council of some sort. The council establishes local

ordinances and pays the town manager. The town manager acts as the executive
branch for the city and is responsible for all city services, including the city police force,
utilities, sanitation, city streets, parks, and public buildings.
The responsibilities of city governments are similar to those of county governments.

However, the government in cities tends to be more complex.
Township Governments
Thousands of township and village governments dot the American landscape. Townships
and villages are municipalities that are too small for city governments. Schools are
administered locally, but usually in cooperation with both county and state authorities.
Otherwise, township and village governments deal with immediate local needs, including
collecting local taxes, maintaining streets, ensuring a safe water supply, managing sewage
and sanitation, providing for police and fire departments, and establishing local health
regulations and ordinances. All these small governments have some kind of a council. It
might be called a board of supervisors, a board of selectmen, or the village council. In New
England, township and village legislation is handled in an annual town meeting where direct
democracy is applied. Taxes are levied, needed projects are agreed on, and building
programs are approved.

READING ASSIGNMENT
Key Points
State laws and regulations may not contradict the United States Constitution or other laws or
treaties of the United States. Otherwise, all powers of the state are considered lawful.
Links
The Role of State and Local Government (www.whitehouse.gov/about-the-white-house/

state-local-government/)
Exercise: Governments

1. What principle is expressed by the Latin phrase e pluribus unum? What does the phrase
mean in English?
2. Briefly describe the city manager form of government. Why is it used more and more
often?
3. What is a plea bargain and what is it good for?

Exercise: Governments
1. The phrase _e pluribus unum_ expresses the principle of federalism. Each state and local
government has its own power under a central government with limited powers. The phrase
means “out of many, one.” 2. The city manager form includes a city manager with a city
council. City managers are professionals trained in urban management. The city manager
and his or her staff run the city or town, but the manager answers to an elected town or city
council. City managers are used more and more as urban problems have grown more
complex. 3. Trials are expensive for a state or locality. Plea bargains avoid the time and
expense of a full jury trial. In a plea bargain, a person charged with an offense may agree to
plead guilty to a lesser offense. The attorneys for the defense and the prosecuting attorneys
determine what the lesser offense is.
Lesson 3 Review
Self-Check
1. Which senate committee makes recommendations about how federal revenues (money)
can be spent?
a. Ways and Means Committee
b. Budget Committee
c. Finance Committee
d. Appropriations Committee
2. The Cabinet is part of which branch of the federal government?
a. The judicial branch
b. The representative branch
c. The legislative branch
d. The executive branch

3. Which one of the following is a special power of the House of Representatives?
a. Conducts impeachment trial following vote in House
b. Has sole power to initiate all tax measures
c. Ratifies treaties
d. Approves appointments of Supreme Court justices, federal judges, ambassadors, and
other important officials
4. Which one of the following executive departments protects the fish, wildlife, and natural
resources?
a. Interior
b. Agriculture
c. Labor
d. State
5. Which one of the following is an organization designed to handle complex tasks
efficiently?
a. Foreign affairs
b. Precedents
c. Bureaucracies
d. Task force
6. Which one of the following agencies is considered an independent federal agency?
a. Rural utilities
b. International Trade Agreement
c. Federal Energy Regulatory Commission
d. Environmental Protection Agency
7. US Tax Court is part of which one of the following levels of federal courts?
a. Supreme Court
b. Courts of Appeal
c. District Court
d. Special Court
8. Which one of the following cases addressed the issues of constitutional right of the
criminal suspect?
a. Miranda v. Arizona
b. Roe v. Wade
c. Meyer v. Nebraska
d. Loving v. Virginia

9. Which one of the following has the power and responsibility of regulating industries,
businesses, and public utilities?
a. City Government
b. County Government
c. State Government
d. Federal Government
10. Which types of city government is the oldest type of city government in America?
a. Court form
b. Commission form
c. City manager form
d. Mayor-council form
Self-Check Answer Key
1. Appropriations Committee
Explanation: The Appropriations Committee makes recommendations about how federal
money can be spent. The Finance Committee looks at ways of raising revenues.
Although the president prepares and submits an annual budget to Congress, the Budget
Committee studies and revises the budget to prepare the budget resolution that will be
voted into law. The Ways and Means Committee decides how to raise money for various
programs.
Reference: Section 3.1
2. The executive branch

Explanation: Executive Branch consists of the - President - Cabinet - Administrative
agencies, such as the Social Security Administration, the Internal Revenue Service, and
others
3. Has sole power to initiate all tax measures

Explanation: The House of Representatives has sole power to initiate all tax measures
and can vote to impeach a government official.

4. Interior
Explanation: The Interior is responsible for protecting, fish, wildlife, and natural
resources; administers federal lands and national parks; and administers Native
American reservations.
5. Bureaucracies
Explanation: Government departments and agencies are organized as bureaucracies. A
bureaucracy is an organization designed to handle complex tasks efficiently. It does so
by assigning specialized tasks to individuals. it also develops precise job descriptions
and procedures.
6. Environmental Protection Agency

Explanation: Some independent federal agencies are called regulatory agencies
because they have legal authority to identify abuses, gather evidence, and take legal
action. The Environmental Protection Agency is one of them.
7. Special Court
Explanation: In addition to these three levels of federal courts, there are also courts of
special jurisdiction and territorial courts. Courts of special jurisdiction include the US Tax
Court, the Court of International Trade, and the US Court of Military Appeals.
8. Miranda v. Arizona
Explanation: According to this decision, criminal suspects must be informed of their
constitutional rights when they’re arrested. Police often refer to this process as
Mirandizing the suspect.
9. State Government
Explanation: Main responsibilities of state governments include the following: 1.
Establishing and enforcing the state criminal code 2. Establishing and enforcing

regulations relating to property 3. Regulating industries, businesses, and public utilities
4. Regulating working conditions within the state 5. Regulating and administering
elections 6. Regulating communications (including broadcasting) within the state 6. In
cooperation with localities, funding and establishing curricula for public education 7.
Building and maintaining state highways, bridges, ferry services, and so on 8.
Establishing and maintaining state welfare programs, including state unemployment
compensation and social services programs
10. Mayor-council form

Explanation: The mayor-council form is the oldest type of city government in America.
It’s structured very much like state and national governments.
Flash Cards
1. Term: Standing Committee
Definition: A committee permanently established by the House or Senate
2. Term: Decorum
Definition: Orderliness, polite behavior, and good taste in conduct
3. Term: Task Force

Definition: A committee that investigates and recommends legislation on a specific issue,
such as education
4. Term: Precedent
Definition: An act or decision that serves as an example or model in the future
5. Term: Bureaucracies
Definition: Organizations designed to handle complex tasks efficiently
6. Term: Autonomy
Definition: The state of being self-governing

7. Term: Hot-Button Issue
Definition: An issue that people generally feel strongly about on one side or the other
8. Term: Breach
Definition: The breaking or violation of an obligation
9. Term: Census
Definition: An official counting of a population
10. Term: Judicial Branch

Definition: The branch of government made up of courts
11. Term: US Supreme Court

Definition: The highest court of the land
12. Term: _Miranda v. Arizona_ (1966)

Definition: The Supreme Court decision that requires criminal suspects to be informed of
their constitutional rights when they’re arrested
13. Term: _Roe v. Wade_ (1973)

Definition: The Supreme Court decision that gave women the legal right to seek an abortion
14. Term: District Courts

Definition: Federal trial courts
15. Term: Supreme Court

Definition: The court of last appeal
16. Term: _E Pluribus Unum_

Definition: “Out of many, one”
17. Term: Department of Interior

Definition: Protects natural resources and administer federal lands

18. Term: Department of Labor
Definition: Deals with unemployment, minimum wage, and job discrimination
19. Term: Central Intelligence Agency (CIA)

Definition: An agency whose mission is to support the president and the National Security
Council
20. Term: Bureaucracy

Definition: Way of organizing work efficiently by assigning specialized tasks
21. Term: Courts of Limited Jurisdiction

Definition: Includes small-claims, traffic, family, and juvenile courts
22. Term: Apportionment

Definition: The number of representatives each state is allowed in Congress, based on
population

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Civics : Government in the United States

Branches of the Federal Government

The legislative branch

This table lists the components of each branch:

Legislative Executive Judicial

© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 1

Powers and Responsibilities of the Legislative Branch

[Photo of the Capitol building

© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 2

Levying and collecting taxes

© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 3

Special Powers of the Senate

Access www.senate.gov (www.senate.gov) to review a summary of the powers of the

© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 4

A standing committee is a committee permanently established by the House or Senate.

Senate Procedures and Leadership

© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 5

Political cartoons often highlight

Decorum means orderliness, polite behavior, and good taste in conduct.

© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 6

Access www.senate.gov (www.senate.gov) to learn more about Senate rules and

Who Gets Elected to the Senate?

The House of Representatives

A census is an official counting of a population.

© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 7

NUMBER OF REPRESNTATIVES, BY STATE

Arkansas 4 New Hampshire 2

California 52 New Jersey 12

Colorado 8 New Mexico 3

Connecticut 5 New York 26

Delaware 1 North Carolina 14

Florida 28 North Dakota 1

© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 8

Indiana 9 Rhode Island 2

Iowa 4 South Carolina 7

Kansas 4 South Dakota 1

Minnesota 8 West Virginia 2

© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 9

Congressional Districts in the States of Utah (A) and Oregon (B)

© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 10

Political parties try to manage reapportionment to their advantage. An attempt to redraw

Powers of the House of Representatives

© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 11

Committees in the House of Representatives

The Appropriations Committee studies ways to spend money on different programs.

House Procedures and Leadership

© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 12

Who Gets Elected to the House of Representatives?

© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 13

Length of Term Six Years Two Years

Debate rules Unlimited debate Tightly controlled debate

How Laws Are Made

© 2021 Penn Foster Inc. Civics (v1) : Lesson 3 : Page 14

In a committee, one of three things can happen to a bill:

House Legislative Calendars for Different Kinds of Bills

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Each representative slides a special plastic card—like a credit card—through an electronic

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Watch a classic Schoolhouse Rock video (www.youtube.com/watch?v=FFroMQlKiag) that

The Legislative Branch in Action

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