Civics Unit 2 Principles of the Constitution A Constitution is a document that outlines how a nation will be governed Principles of the American System of Government A.Popular Sovereignty the peoples right to rule; power of govt comes from the people B.Separation of Powers dividing the authority of govt into three separate the legislative, executive & judicial functions C.Checks & Balances each branch of government is able to check or limit the power of the others Checks and Balances A.L>E: impeachment, override veto, reject appointments and treaties B.L>J: impeachment, reject appointments C.E>L: veto (also head of party, bully pulpit) D.E>J: appoint judges, pardon E.J>E: declare actions unconstitutional F.J>L: declare laws unconstitutional Limited Government A.Government may only do the things that people have given them the power to do B.Constitutionalism- govt must follow the law C.Bill of rights- designed to limit federal government D.Article I, Sec 9- powers DENIED to Congress E.Article I, Sec 10- powers DENIED to the States I. Federalism A.Expressed Powers or enumerated powers- powers written out specifically in constitution -govt power divided between federal and state B.Implied Powers- powers not expressly stated 1.Necessary and Proper (or Elastic) Clause 2.allows Congress to make laws to expand upon enumerated powers 3.ex: creation of executive agencies, social programs, economy regulation C.Reserved Powers- powers reserved specifically for the states 1.marriage and divorce, public schools, liquor laws 2.full faith and credit clause- each state must recognize the laws, decisions of other states D.Concurrent Powers- powers both national and state govts have (ex: collect taxes, crime and punishment) E.Delegated Powers- powers held by Fed govt only (naturalization, postal service, copyrights and patents). F.Supremacy Clause (Article VI) 1.Constitution is the Supreme law of the land 2.Laws and treaties passed by Federal govt supreme over the states STOP AND CELEBRATE Do we live in a great country or what? High five your neighbor and discuss 2 things you just learned. Civics Unit 2 Powers in the Constitution I. Legislative Branch (Art. I) A.Federal Level: make the laws Session- time Congress meets Special session- can be called by the President A: House of Representatives: membership based on population of the state- District of Columbia has 2 representatives. 435 voting members (required by law) B: house of the people- popularly elected a. term is for 2 years b. Qualifications- 25 years old c. citizen for 7 years, d. live in state they represent e. All spending bills must start in the House of Representatives. f. Speaker of the House- head of party in power and overseer of house NC 9 th District Republican Robert Pittenger Speaker of the House: Paul Ryan of Wisconsin. C. Senate a. house of the states originally elected by state legislatures b. 100 members- 2 per state c. term is 6 years (1/3 elected every 2 years) th Amendment-People elect their senators. d. Qualifications- 30 years old, citizen for 9 years, live in state they represent. NC Senator Republican Richard Burr NC Senator Republican Thom Tillis President Pro Tempore- Leader in Senate Vice-President: only votes when there is tie Utah Senator Republican Orin Hatch D: Leaders in Congress Determining Representation A. Census: Every 10 years a census is taken 1.Adjusts number of representatives given to each state 2.Some states lose and some states gain members in the House of ______________________ B. Congressional Districts: each state is divided into one or more congressional districts. (NC has 13 house districts) 1. State Legislatures must draw boundaries-called redistricting. 2. Districts must have the same number of constituents (citizens) i. Gerrymandering- drawing district lines for the advantage of a particular party ii. Powers of the Majority Party Majority Party in the General Assembly has the power to redraws lines. Congressional Sessions: a.Each term of Congress is divided into sessions or meetings usually from January to November. b.Congress or the President can call a special session when a __________occurs c.A ___________ is when both houses meet together. Ex: During a Presidential State of the Union Address. II: Powers of Congress A. Enumerated (Art I, Sec. 8) a.Tax and budget (power of the purse) b.Regulate interstate and international commerce c.Immigration d.Coin money e.Patents and copyrights f.Inferior courts to Supreme Court g.Declare war h.Raise army and navy i.Regulate federal land and seat of govt j.Approve officials for courts, ambassadors, cabinet posts etc.. k.Impeachment of the president or federal judges C: Powers DENIED congress (Art I, Sec 9) a.Suspend writ of Habeas Corpus- You have the right to know why you are being charged for a crime in front of a judge b.No Ex Post Facto Laws- makes it a crime after it was done c.No Bills of Attainders- punishment without trial d.Commerce compromise (no tax exports, slave trade end after 20 years) D: Implied Powers: Powers not specifically stated in Article I 1. Necessary and Proper Clause: Also known as the elastic clause Allows Congress to make laws so it can act on enumerated powers Examples: 1. creation of executive agencies (FDA,EPA) 2. New branches of government (Air Force) 3. Regulation of the economy ( Banking, FED) Do we live in a great country or WHAT! Turn to your neighbor and give them a high five and tell them something new you just learned about your government! STOP, WRITE, AND SUMMARIZE Use your US. Constitution simplified graphic organizer to help you complete the activities. Review: The Legislative Branch makes the law. Next slide: The principle of Federalism in action- copy onto your graphic organizer Expressed Powers National Government Reserved Powers State Government Concurrent Powers Both Governments Coin Money Maintain the Army/Navy Declare War Regulate Trade bettween states & foreign nations Establish courts Enforce Laws Collect Taxes Borrow Money Provide for General Welfare Regulate trade within the state Protect the public Conduct Elections Establish Local Governments Education II. Executive Branch (Art. II) The President and Vice-President. The President ENFORCES the LAW. A.Chief Executive 1.appoint top level officials (Cabinet) with the advice and consent of Senate 2.running of the government (bureaucracy) 3. The President appoints ambassadors, judges, cabinet officials, and agency officials. The Senate approves all appointees (checks and balances) B.Chief Diplomat 1.make treaties (formal agreements with other countries) with 2/3 of Senate 2.Recognition- formally acknowledges another country 3.send and receive ambassadors C.Commander and Chief 1.civilian in charge of military 2.only Congress can declare war 3.War Powers Act- designed to limit the presidents power, strengthen Congress a.Notify Congress in 48 hours b.After 60 days must have approval from joint resolution of Congress (30 day extension) D.Legislative Powers 1.Submit a budget for Congressional approval. 2.Take care that laws are faithfully carried out. 4.Approve or Veto legislation a.Veto b.Approve c.Do nothing (for 10 days) If Congress is not in session: Pocket Veto- bill dies If Congress is in session: bill passes Executive orders- orders with the force of law w/o Congress needed 1.message power- recommended 2.State of the Union 3.call special sessions of Congress E: Judicial powers 1.Nominates federal judges- Senate Approves 2.Pardon- relieve all charges 3.commutation- reduce a sentence 4.Stay of execution. Franklin Roosevelt: 3,687 in 12 years. The longest- serving president issued the most pardons. Controversy over Bill Clintons 140 pardons on his last day of office F: Head of the Party: Party Leader G. Chief of State President is the host and representative of the American people. He entertains dignitaries and foreign leaders. Attends funeral of famous dignitaries Formal dinners at the White House are given, speeches, and pledges to leaders around the world signal our solidarity on issues, and initiatives. What do you know about the Presidents? How many have been assassinated? How many have been impeached? Which president was never elected to office? Hail to the Chief Stop and complete the graphic organizer Remember the president------Enforces the law The Executive Branch runs the bureaucracy. III. Judicial Branch (Art. III) A.Jurisdiction- allows a court to hear the case B.Original Jurisdiction- a specific court MUST hear that case 1.State laws in state courts, federal laws in federal courts 2.conflicts between states is Supreme Courts exclusive jurisdiction/original jurisdiction. C.Appellate Jurisdiction- only hear appeal of case 1.Appeal- reviewing a lower courts ruling 2.Long, difficult appeal process 3.Supreme Court chooses the cases they hear otherwise accept previous ruling D: The Supreme Court 9 Justices- 8 Associates plus 1 Chief Justice Appointed by president-approved by Senate Serve for life. (retire, death, or impeachment) Judicial Review= power of the Supreme Court to check the other branches. Marbury V. Madison: court case that est. Judicial Review. Judicial review gives SC the power to declare laws and actions of both branches unconstitutional or constitutional What type of Court decision is wisest? Constructivism or Activism What is the difference? What happens when the courts start making laws outside the Legislative Branch?