The Constitution: A Living Document

By: Rachel, Sarah, Matt, Jen, Peter, John, Hemi, Ashley,

Alexa, Seva

Separation of Powers• 3 branches of the government

– Legislative Branch- makes laws– Executive Branch- interprets laws– Judicial- applies laws

• Separation of Powers- prevents any one branch from becoming too powerful

Checks and Balances

• System of Checks and Balances- gives each branch the means to restrain the powers of the other two

• Executive Branch checks the Legislative Branch by vetoing or rejecting bills

• Legislative checks Executive through “the power of the purse”

The Executive Branch

• Consists of the president and his cabinet• Can check powers of the Senate

– Can veto, or reject bills (the Senate can override with a 2/3 vote)

• President can make treaties (2/3 majority vote)

• President can appoint ambassadors and federal judges (needs advice from Cabinet and Senate)

The Judicial Branch

• Judicial Branch interprets and applies laws• Checks Legislative power• Consists of courts at all levels• Highest branch: Supreme Court

– Can judge laws that are unconstitutional– They ensure that the constitution is effective

The Legislative Branch

• Legislative Branch makes the laws• Consists of House of Representatives and

the Senate– Every state has a representative from the

House– The Senate is based on population

Critics of the System

• The framers built the system with separation of powers and balances to prevent any branch from having too much power

• The system is not perfect though– Some say it permits political disputes to hold

the workings of the government– One branch may continually block the actions

of another

Federalism • The men who met in Philadelphia in 1787 are

known as the framers of the Constitution. • James Madison thought the United States

needed a stronger federal government. • To avoid abuses of power of the national

government, they limited and divided their powers.

• To avoid conflict the framers identified powers to be held by each.

The Elastic Clause• “To make all laws which shall be

necessary and proper for carrying into execution the foregoing powers.”

• Called the necessary and proper clause• Has the power to exert its powers in ways

not specified in the Constitution• Makes the Constitution a “living document”

Delegated, Reserved, and Concurrent powers.

– Delegated powers: include the rights to coin money, to regulate trade with states and other countries, and to raise and support an army and a navy.

– Reserved powers: are guaranteed by the tenth amendment and they include finding local government and overseeing schools.

– Concurrent powers: they collect taxes, borrow money, providing for the public warfare, and establishing courts to apply and enforce laws.

National Supremacy

• The framers realized that both state and national government existing at the same time could lead to conflicts.

• Article VI of the Constitution: Known as the supremacy clause. The U.S Constitution and federal laws are above state Constitutions and state laws.

Powers Delegated to National Government

• Declare War• Raise and support armed forces• Regulate trade• Admit new states• Establish post offices• Set standard weights and measures• Coin money • Establish foreign policy• Create all laws for carrying out delegated

powers

Powers Reserved to States • Establish and maintain schools• Establish local governments• Conduct elections• Create corporate laws • Regulate business within the state• Create marriage laws• Provide for public safety

Powers Shared (Concurrent Powers)

• Maintain law and order• Levy taxes• Borrow money • Charter banks• Establish courts • Provide for public welfare