checks and balances

“The Constitution”Checks, Balances; Federalism

By Mr. Richard GeibFoothill Technology High School

29 October 2014

The American Experience11th Grade

Popular Sovereignty

“We the people…”

Framer’s Intent for U.S. Gov’t

• Governments derive authority from the “consent of the governed.”

• Federal gov’t has only limited power so as to keep it from becoming tyrannical.

• Under “federal” system, local state governments have powers also.

Authors of U.S. Constitution wanted to balance

strong government and liberties of the people.

Federal System: National Government

POWERS OF

THE NATIONAL

GOVERNMENT

Regulate

interstate and

foreign trade

Raise/support

armed forces

Declare war/make

peace

Coin and print

money

Grant patents/

copywrights

Establ ish federal

courts

Govern terri tories

and admit new

states

Set weights/

measures

Establ ish a postal

system

Regulate

immigration

Federal System: State Governments

POWERS OF THE

STATE

GOVERNMENTS

Set up local

governments

Rati fy

consti tutional

amendments

Write business/

corporation laws

Conduct e lections

Regulate trade

wi thin the state

Pass marriage/

divorce laws

Establ ish and

maintain public

schools

Federal System: Shared Powers

POWERS SHARED BY

NATIONAL AND STATE

GOVERNMENTS

Make and enforce

lawsCollect taxes

Charter banksEstabl ish and

maintain courts

Borrow moneyProvide for public

welfare

NATIONAL GOV’T:

Separation of Powers

• Legislative branch • Executive branch

• Judicial branch

To prevent any one group from becoming too powerful,

federal government divided into 3 branches.

Parts of U.S. Federal Government

LEGISLATIVE

Senate House

EXECUTIVE

(Carries out

laws)

President

Vice-President Cabinet

JUDICIAL

Supreme Court

Other Federal

Courts

Legislative

• Legislative branch consists of

House of Representatives and

Senate: known as “Congress.”

• Makes nation’s laws.

• Has authority to collect taxes

(has “power of purse!”).

• Can declare war.

• Meets in “people’s building,” the

Capitol Building.

Capitol Building, home of Congress

Executive

• Executive branch consists

of president, vice

president, federal

departments and

agencies.

• Chief Executive (President

of the U.S.) carries out the

laws of Congress, runs

federal gov’t, including

U.S. military forces.

• Chief of state, in charge of

diplomacy. “Marine 1,” President’s personal helicopter

Judiciary

• Judicial branch consists of

Supreme and all lower

courts.

• Its job is to administer justice

and interpret the federal law.

Requirements for Holding

Federal Office

PRESIDENT

OF UNITED

STATES

35 years

14 years in

the United

States

SUPREME

COURT

JUSTICE

No specific

requirements

Requirements for Holding

Federal Office

SENATOR

Must reside

in state in

which

elected

30 years old

9 years

ci tizenship

REPRESENTATIVE

25 years

Must reisde

in state in

which

elected

7 years

ci tieznship

“Living” Constitution

• Framers anticipated the need to change Constitution in future.

• It can be changed by adding “amendments.”

• Framers did not want to make this easy due to discourage minor or frequent changes.

• Amendment to Constitution needs 2/3 vote of Congress or through special convention held by state legislatures.

• There have been only 27 amendments to Constitution. United States Constitution

THE END!