U.S. Government

The Preamble Tells the Goals of the Government

• The Preamble was crafted carefully to explain the reason for creating a new government.

• The Constitution begins with the words, “We the People,” which announced that the Constitution based its authority on the people themselves—ordinary Americans.

• This concept is known as popular sovereignty.

• Popular sovereignty = Power to the People!

The Preamble“We the People of the United States, in

order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

• “Form a more perfect union”• Building a country that could take

advantage of the strengths the states gained from working together.

• “establish Justice”• Americans wanted to be ruled by laws,

not by the might of soldiers or the decisions of kings.

• “insure domestic Tranquility”• Peace and order would be kept because

the people would not fight each other or the government.

• “provide for the common defense”• The national government would be

responsible for protecting Americans from foreign invaders.

• “promote the general Welfare”• The government could support an

economy and society in which people could prosper.

• “secure the Blessings of Liberty to ourselves and our Posterity”• “Posterity” means the generations that

would come later. They wanted Americans to enjoy freedom then and in the future.

Legislative Branch

• Article I of the Constitution gives the power to make laws to the legislative branch of government.

• The Constitution creates a bicameral (2 parts) national legislature, called Congress.

• The 2 parts, or “houses,” of Congress are the House of Representatives and the Senate.

Design of Congress• Members of the Senate serve six-year terms.• Members of the House of Representatives serve

two-year terms.• Congress is designed to balance the rights of

large and small states.• Each state gets 2 senators, and representation

in the House is based on population.• States with more people have more House

representatives.• To determine the number of representatives in

the House, the Constitution calls for a census every ten years.

Design of Congress• The Senate is considered to be the “upper

house.”

• Senators must be at least 30 years old & citizens of the US for 9 years. (“Wiser & More Experienced)

• The House of Representatives is considered to be the “lower house.”

• Representatives must be at least 25 years old & citizens of the US for 7 years.

How Congress Passes Laws

• The primary job of Congress is to make laws.

• Any member of the House or Senate can submit a proposal for a new law, called a bill.

• Only the House can propose new taxes.

• If a majority in one house votes in favor of the bill, it is sent to other house for debate. If both houses approve the bill, it goes to the president.

• The bill becomes a law if the president signs it.

How Congress Passes Laws• Article I spells out other powers of Congress.

• Powers of Congress include: • Deciding how to spend the money raised through

taxes• Raising an army and navy• Declaring war• Paying government debts• Granting citizenship

• Congress may “make all laws which shall be necessary and proper” to carry out its powers. (Elastic clause)

Texas Legislature• The Function of the Legislative Branch• 1. Like that of the U.S. legislature, the Texas

legislature is bicameral meaning having two rooms or chambers. The two chambers are the Senate and House of Representatives. (Congress)

• 2. The legislative branch makes the laws that govern Texas. They approve or reject governors’ appointments, discuss how state money should be spent (schools, prisons, environment) and decide if taxes should be raised or lowered.

Texas Legislature• The Senate and the House• 1. The Senate is composed of 31 members and the House is

composed of 150 members all elected by the people. The population count is what determines district lines and the number of legislators in that district. An important duty of the legislature is redistricting. (Redrawing congressional lines determined by population.) Redistricting is important because it could determine what party controls Congress.

• 2. Congress meets every 2 years unless a special session called by the governor for problems that need immediate solutions.

• 3. The lieutenant governor is elected by voters of the state, and serves as the Senate’s president. However, the House of Representatives elects a Speaker of the House as their leader.

• 4. Committees help the legislature carry out the tasks of studying problems and drafting bills. Committees are appointed by the Speaker and lieutenant governor.

Texas Legislature• How a Bill Becomes a Law• 1. There are two major types of proposals. The first is a

resolution, used to propose an amendment to the Texas Constitution. The second is a bill, or proposed law.

• 2. First the bill is introduced to Congress, sent to committee where they hear the pros and cons of the bill. They must then decide if the House or Senate should consider it. Most bills are killed in the committee.

• 3. If the bill is approved in one house, it must then be sent to the other house for approval.

• 4. If the House and Senate approve different forms of the same bill, it goes to conference committee which is composed of members from both houses appointed by the lieutenant governor and speaker. They may even alter the bill. If passed there, it must again be passed in both houses.

• 5. Then the bill goes to the governor for signature. If signed it becomes a law, if vetoed, it does not become a law unless 2/3 of the House and 2/3 of the Senate override the veto.

The Executive Branch• Article II of the Constitution gives the power to

execute, or carry out, the laws to the executive branch.

• The head of the executive branch is the president. “Chief Executive”

• The president is elected by winning the majority of votes in the “electoral college.” Each state has the same number of “electors” as it has representatives and senators.

• The president serves a 4-year term, and may only be reelected once under the 22nd Amendment.

The President• The president must be a natural-born American

citizen and at least 35 years old.

• The president’s power includes:• Carrying out laws passed by Congress• Commander in chief of the nation’s military forces• Make treaties with other nations • Nominates ambassadors and Supreme Court

justices• Grant pardons to people convicted of violating

national laws

Executive Branch: Departments

• The Executive branch is organized into departments to carry out its duties.

• The State department handles relations with other nations.

• The Justice department is involved in law enforcement as well as in court actions.

• The heads of executive departments are members of the president’s cabinet, a formal group of advisors.

Removing the President• The Constitution gives Congress the power to

remove a president or other officials from office if they commit certain crimes related to their duties.

• The House of Representatives can vote to impeach (to formally accuse an official of a crime) the president if he/she is suspected of committing a crime specified in the Constitution.

• If the House votes to impeach, the Senate puts the president on trial with the Senators as the jury.

• If the president is found guilty, he/she is removed from office.

Texas Executive• The Governor

• The governor is head of the executive branch. The governor serves a 4 year term and there is no limit on the number of terms that can be served.

• The governor must be a U.S. citizen, 30 or older, and be a resident of Texas for at least 5 years before the election.

• Our current governor is Rick Perry.• The governor makes appointments to boards and

commissions which must be approved by 2/3 of the Senate. The governor can also remove officials (ex: judges) with approval of the Senate.

• The governor can also veto a bill. (cancel) A line item veto allows the governor the reject items in appropriation bills, which deals with how money is spent.

• The governor can call special sessions where the governor decides what business needs to be discussed.

• The governor can give pardons or delay an execution. The governor also serves as commander in chief, in control of the Texas Guard.

The Judicial Branch

• Article III of the Constitution gives the framework of the judicial branch, which consists of the system of federal courts and judges.

• The Judicial Branch:• Protects the Constitution (“the supreme Law of the

Land”)• Contains the highest court, the Supreme Court• Gives Congress the power to create lower courts to

meet the nation’s needs.• Has the power to resolve disputes that involve

national laws, the national government, or the states.

The Judicial Branch• The Court System of Texas

• Trial Courts – hear cases and reach a decision called a verdict. (with judge or jury)− There are three levels of trial courts: municipal (city),

county and district.

• Appeals Courts – hears cases in which the first decision in the first trial is being appealed.

Texas has two high courts – Court of Criminal Appeals and the Supreme Court of Texas.

Powers of the Supreme Court

• The decisions made by the Supreme Court are final.

• Congress has set the size of the Supreme Court to include 9 members, called justices.

• These justices usually serve on the Court for life.

• A dispute goes directly to the Supreme Court if it involves a state or an ambassador from another country.

• Other cases come to the Supreme Court after a trial and an appeal in lower courts.

Powers of the Supreme Court

• Early in its history, the Supreme Court defined the power of “judicial review,” as the power to decide whether laws and actions by the legislative and executive branches conflict with the Constitution.

• Lower courts rely on the Supreme Court for guidance about what is constitutional.

• Judicial review gives the Supreme Court great power in its role of protecting the “supreme Law of the Land.”

Checks and Balances• The framers of the Constitution were concerned about

achieving a balance between a strong national government and protection for American freedoms.

• Each branch of the national government has the ability to “check”, or block the actions of another branch.

• Congress can pass laws, but the president can veto the bill before it becomes a law.

• Congress can override the president’s veto by a two-thirds vote in both houses.

• The Supreme Court can declare a law, treaty, or executive action “unconstitutional” through the power of judicial review.

Changing the Constitution

• Article V of the Constitution describes how changes, called amendments, can be made.

• Proposing an amendment requires two-thirds of both houses of Congress.

• It must then be approved by the legislatures in three-fourths of the states.

• Once an amendment is approved, it becomes part of the supreme law of the land.

• Only 27 amendments to the Constitution have ever been approved.

Changing the Constitution

• The first 10 amendments were added almost immediately after the Constitution was ratified (approved).

• These are known as the Bill of Rights, which guarantee specific rights to citizens.

• The other 17 amendments became part of the Constitution one at a time.

• 19th Amendment: Gave women the right to vote.

• 26th Amendment: Gave the right to vote to all citizens over the age of 18.