competency goal #2 analyze how the government established by the us constitution embodies the...

Competency Goal Competency Goal #2#2

Analyze how the government Analyze how the government established by the US established by the US

Constitution embodies the Constitution embodies the purposes, values, and purposes, values, and principles of American principles of American

democracydemocracy

Objective 2.01 = Identify Objective 2.01 = Identify principles in the US principles in the US

ConstitutionConstitution Items to KNOWItems to KNOW::

Popular Popular sovereigntysovereignty

FederalismFederalism Separation of Separation of

PowersPowers Checks & Checks &

BalancesBalances Limited Limited

GovernmentGovernment FlexibilityFlexibility

Items to KNOW:Items to KNOW: PreamblePreamble Elastic ClauseElastic Clause Implied PowersImplied Powers Full Faith and Credit Full Faith and Credit

ClauseClause Legislative BranchLegislative Branch Executive BranchExecutive Branch Judicial BranchJudicial Branch Enumerated PowerEnumerated Power Expressed PowerExpressed Power Reserved PowerReserved Power Concurrent PowerConcurrent Power Supremacy ClauseSupremacy Clause

Constitutionalism and Constitutionalism and FederalismFederalism

ConstitutionalismConstitutionalism means simply that means simply that the govt. must obey the law, the govt. is the govt. must obey the law, the govt. is not above the law, and the govt. is not above the law, and the govt. is limited by the Constitution.limited by the Constitution.

Limited GovernmentLimited Government means the govt. means the govt. is not all-powerful.is not all-powerful. This developed in England with the signing This developed in England with the signing

of the Magna Carta and the British brought of the Magna Carta and the British brought this belief to the New World. this belief to the New World.


Today the Supreme Court is used to Today the Supreme Court is used to determine the constitutionality of laws determine the constitutionality of laws passed by our Congress and actions taken passed by our Congress and actions taken by our government and private citizens.by our government and private citizens.

Popular SovereigntyPopular Sovereignty is a basic concept in is a basic concept in Constitutionalism, popular meaning the Constitutionalism, popular meaning the populace and sovereignty meaning the populace and sovereignty meaning the authority to rule – the people rule.authority to rule – the people rule.

They, the people, are the only source of They, the people, are the only source of any and all power. any and all power.

PopularPopularSovereigntySovereignty

(People)(People) (Rule)(Rule)


The Framers had many problems to address The Framers had many problems to address when writing the Constitution, not the least of when writing the Constitution, not the least of which was what to do with the division of which was what to do with the division of state’s powers while providing for a stronger state’s powers while providing for a stronger national government.national government. The Answer was The Answer was FederalismFederalism, the division of , the division of

government power between the national government power between the national government and the state government.government and the state government.

This produced a dual system of government.This produced a dual system of government. Each level would have a specific realm of authority Each level would have a specific realm of authority

and power, its own officials, government and laws.and power, its own officials, government and laws.


The Central (or National) government would The Central (or National) government would have enough power to stabilize the country. have enough power to stabilize the country.

It would act on problems of national concern It would act on problems of national concern such as defense, foreign affairs and the such as defense, foreign affairs and the coining of money.coining of money.

The states’ power would be of more local The states’ power would be of more local concern such as education.concern such as education.

Both would exercise authority at the same Both would exercise authority at the same time over the same citizens, yet neither time over the same citizens, yet neither could do anything outside the powers could do anything outside the powers granted to them by the Constitution. granted to them by the Constitution. (Constitutionalism)(Constitutionalism)


There are certain powers delegated to There are certain powers delegated to the national government by the the national government by the Constitution – but it has only those Constitution – but it has only those powers delegated to it by the powers delegated to it by the Constitution.Constitution.

Powers not specifically named in the Powers not specifically named in the Constitution are denied to the national Constitution are denied to the national government.government.

The 10The 10thth Amendment tells of the Amendment tells of the reserved power set aside for the state reserved power set aside for the state governments. governments.


1010thth Amendment: Amendment: ““The powers not delegated to the United The powers not delegated to the United

States by the Constitution, nor prohibited by it States by the Constitution, nor prohibited by it to the States, are reserved to the States to the States, are reserved to the States respectively, or to the people.”respectively, or to the people.”

The States’ Main PowersThe States’ Main Powers 1. Control over local governments1. Control over local governments 2. Control of state and local elections2. Control of state and local elections 3. General police power and regulatory powers over 3. General police power and regulatory powers over

banks, corporations, etc…banks, corporations, etc…


It is important to note that the national It is important to note that the national and state governments have and state governments have concurrent concurrent powerspowers.. Powers exercises by both governments.Powers exercises by both governments.

Examples of these concurrent power would be Examples of these concurrent power would be courts, borrowing money, levying taxes, and courts, borrowing money, levying taxes, and building roadsbuilding roads

Another power outlined by the authors is Another power outlined by the authors is enumerated or expressed powersenumerated or expressed powers.. These power were specifically granted to the These power were specifically granted to the

federal government by the Constitution in the federal government by the Constitution in the first seventeen clauses.first seventeen clauses.


The The Elastic ClauseElastic Clause in Article of the in Article of the Constitution gives Congress the authorization Constitution gives Congress the authorization to “make all laws that shall be necessary and to “make all laws that shall be necessary and proper” for executing its duties for the proper” for executing its duties for the government under the Constitution. government under the Constitution. This clause gives Congress powers not granted This clause gives Congress powers not granted

specifically by the Constitution. specifically by the Constitution. These powers are called These powers are called implied powersimplied powers..

For example, the Congress created an air force For example, the Congress created an air force to support armies even though the Constitution to support armies even though the Constitution does not provide that specific power.does not provide that specific power.


In Section 2 of Article VI of the Constitution, In Section 2 of Article VI of the Constitution, there is a there is a Supremacy ClauseSupremacy Clause that makes that makes the Constitution the supreme law of the land.the Constitution the supreme law of the land.

This means that if any state law This means that if any state law contradict the Constitution, the state law contradict the Constitution, the state law is overruled.is overruled.

The Full Faith and Credit Clause in Article IV The Full Faith and Credit Clause in Article IV requires each state to respect the court requires each state to respect the court decisions, laws and records of all other decisions, laws and records of all other states.states.


For example, if a citizen of Virginia For example, if a citizen of Virginia owes $10,000 in fines, she could not owes $10,000 in fines, she could not move to North Carolina to get out of move to North Carolina to get out of paying the fines. paying the fines.

The courts in one state must uphold The courts in one state must uphold the laws, court orders and claims of the laws, court orders and claims of another states.another states.

Objective 2.02 = Explain how the United States Constitution Objective 2.02 = Explain how the United States Constitution defines the framework, organization and structure of the defines the framework, organization and structure of the

three branches of government at the national levelthree branches of government at the national level

Major Concepts:Major Concepts: Legislative BranchLegislative Branch Executive BranchExecutive Branch Judicial BranchJudicial Branch

Terms: Terms: Speaker of the HouseSpeaker of the House President Pro TemporePresident Pro Tempore President of the SenatePresident of the Senate SenateSenate Bill/LawBill/Law The Committee SystemThe Committee System ClotureCloture FilibusterFilibuster ApportionmentApportionment

Objective 2.02 = Explain how the United States Objective 2.02 = Explain how the United States Constitution defines the framework, organization and Constitution defines the framework, organization and structure of the three branches of government at the structure of the three branches of government at the

national levelnational level

Terms:Terms: Non-Legislative Non-Legislative

PowersPowers ImmunityImmunity CensureCensure ExpulsionExpulsion Seniority SystemSeniority System Majority & Minority Majority & Minority

LeaderLeader Party WhipsParty Whips ImpeachmentImpeachment Presidential Presidential

SuccessionSuccession

Terms:Terms: State of the Union State of the Union

AddressAddress Veto PowerVeto Power Executive AgreementExecutive Agreement Chief DiplomatChief Diplomat Chief ExecutiveChief Executive Party LeaderParty Leader Legislative LeaderLegislative Leader Executive OrderExecutive Order TreatyTreaty U. S. Supreme CourtU. S. Supreme Court

Objective 2.02 = Explain how the United States Objective 2.02 = Explain how the United States Constitution defines the framework, organization and Constitution defines the framework, organization and structure of the three branches of government at the structure of the three branches of government at the

national levelnational level

Terms: Terms: Chief JusticeChief Justice Associate JusticesAssociate Justices Original JurisdictionOriginal Jurisdiction Appellate JurisdictionAppellate Jurisdiction Concurrent Concurrent

JurisdictionJurisdiction Exclusive JurisdictionExclusive Jurisdiction

Structure of GovernmentStructure of Government When the When the

Constitution was Constitution was being written, the being written, the Framers were Framers were faced with the faced with the problems of problems of devising a devising a government that government that was strong enough was strong enough to rule while to rule while maintaining a maintaining a balance of power.balance of power.

The Americans The Americans remembered the kings remembered the kings of England and feared of England and feared too strong an too strong an executive power. executive power.

The new Constitution The new Constitution attempted to solve this attempted to solve this problem by creating a problem by creating a government with 3 government with 3 branches and each branches and each branch able to check branch able to check the power of the other the power of the other two.two.

Three Branches of Three Branches of GovernmentGovernment

The Legislative BranchThe Legislative Branch

The first branch of government crated by The first branch of government crated by the Constitution, the Legislative Branch, the Constitution, the Legislative Branch, was a bicameral Congress, meaning a was a bicameral Congress, meaning a two-house legislature.two-house legislature.

Americans were at ease with this Americans were at ease with this familiar form – the British colonists and familiar form – the British colonists and the state had used this type of the state had used this type of legislature for years.legislature for years. Idea brought from England: Parliament is Idea brought from England: Parliament is

bicameralbicameral

The Legislative BranchThe Legislative Branch

CongressCongress is made up of is made up of the the SenateSenate and the and the House House of Representatives. of Representatives.

Their job is to Their job is to make the make the lawslaws for our country. for our country.

SenateSenate

TheThe SenateSenate has has 100 100 MembersMembers. . Two from each state.Two from each state.

Senators are elected for Senators are elected for 6-6-year terms. year terms. 1/3 1/3 of the Senate runs for re-of the Senate runs for re-election election every two yearsevery two years..

SenateSenate

A senator must A senator must live in the live in the statestate from which he is from which he is chosen. chosen.

A senator must be A senator must be at least 30at least 30 years of age.years of age.

A senator must have been a A senator must have been a citizencitizen of the United States of the United States for at least 9 yearsfor at least 9 years

SenateSenate

North Carolina’s North Carolina’s senators are senators are Kay Kay HaganHagan and and Richard Burr.Richard Burr.

House of RepresentativesHouse of Representatives

TheThe House of RepresentativesHouse of Representatives is is made up of made up of 435 members435 members. That . That number is subject to change, but number is subject to change, but has not for many years. has not for many years.

A state that has a A state that has a big populationbig population will have will have many representativesmany representatives. . A state that has a A state that has a small small populationpopulation will have only a will have only a few few representatives.representatives.


The Constitution provided for a The Constitution provided for a census (a population count) to be census (a population count) to be taken every ten years, and the taken every ten years, and the House of Representatives is House of Representatives is reapportioned accordingly.reapportioned accordingly.

Every state must have at least Every state must have at least one representative.one representative.


Members are elected by the Members are elected by the people for 2-year terms.people for 2-year terms.

They are chosen from districts They are chosen from districts drawn by their states – these drawn by their states – these districts must be fairly equal in districts must be fairly equal in population. population.

North Carolina has thirteen North Carolina has thirteen districtsdistricts


A representative must live in the A representative must live in the state from which he is chosen.state from which he is chosen.A representative must be at least A representative must be at least 25 years of age.25 years of age.A representative must have been A representative must have been a citizen for at least 7 yearsa citizen for at least 7 years

U.S. CongressU.S. Congress The functions of the Congress are The functions of the Congress are

many. many. It has the power to tax.It has the power to tax. The power to coin money.The power to coin money. The power to regulate commerce’The power to regulate commerce’ To establish courts.To establish courts. To create a postal systemTo create a postal system And to set rules for patents and And to set rules for patents and

copyrights.copyrights. Plus, the power Plus, the power to declare war is to declare war is

held by Congressheld by Congress

House of RepsHouse of Reps

Special power for the House of Special power for the House of Representatives.Representatives. The House has the power to The House has the power to impeachimpeach

(Remove) federal officers.(Remove) federal officers. This includes the presidentThis includes the president Their power is a good example of checks Their power is a good example of checks

and balances and how one branch can and balances and how one branch can keep other branches, executive and keep other branches, executive and judicial, from overstepping their power.judicial, from overstepping their power.

House of RepsHouse of Reps

Thus far in the history of the U.S. Thus far in the history of the U.S. there have been three presidential there have been three presidential impeachment proceedings.impeachment proceedings. 1868, against President Andrew 1868, against President Andrew

JohnsonJohnson 1974, against President Richard Nixon1974, against President Richard Nixon 1998, against President Bill Clinton1998, against President Bill Clinton

Legislative BranchLegislative Branch

The political party to which The political party to which more than half the members more than half the members belong in the House and belong in the House and Senate is called the Senate is called the majority majority partyparty..

The other party is called the The other party is called the minority partyminority party..

The Speaker of the The Speaker of the HouseHouse

The Constitution states that the House “shall The Constitution states that the House “shall choose their speaker and other officials.”choose their speaker and other officials.”

The The Speaker of the HouseSpeaker of the House is an experienced is an experienced member of the member of the majority partymajority party and is elected and is elected by his party through a caucus, or closed by his party through a caucus, or closed meeting.meeting.

The Speaker steers legislation through the The Speaker steers legislation through the House, is in charge of the debates on the floor House, is in charge of the debates on the floor that all representatives may participate in and that all representatives may participate in and influence most House business.influence most House business.

Also, the Speaker of the House is next in line Also, the Speaker of the House is next in line for the presidency, after the Vice presidentfor the presidency, after the Vice president

SenateSenate The vice president of the U.S. is the presiding The vice president of the U.S. is the presiding

officer and the president of the Senate.officer and the president of the Senate. If the vice president is absent, the president If the vice president is absent, the president

pro tempore presides. pro tempore presides. The The president pro temporepresident pro tempore is elected by is elected by

fellow senators and is usually the senator fellow senators and is usually the senator who be been there longest and is in the who be been there longest and is in the majority party.majority party.

He generally act as chairperson of the Senate He generally act as chairperson of the Senate and has a job that is more ceremonial than and has a job that is more ceremonial than influentialinfluential

CongressCongress

There are two parties in the House and There are two parties in the House and Senate – Senate – Republican and DemocratRepublican and Democrat..

These parties also have floor leaders. These parties also have floor leaders. The elected leader of the majority party The elected leader of the majority party

is the is the Majority Floor LeaderMajority Floor Leader.. The elected leader of the minority party The elected leader of the minority party

is the is the Minority Floor LeaderMinority Floor Leader.. These leaders speak for their parties on These leaders speak for their parties on

issues, push bills along and try to sway issues, push bills along and try to sway votes their way.votes their way.

CongressCongress

There are also There are also party whipsparty whips representing each party. representing each party.

They help the floor leaders by They help the floor leaders by making sure members of making sure members of their parties vote the way the their parties vote the way the leadership wants them to.leadership wants them to.

CongressCongress

The most important job of Congress is The most important job of Congress is to to INTRODUCE BILLSINTRODUCE BILLS (propose laws) (propose laws) and then transform these bills into laws.and then transform these bills into laws.

A law must pass both Houses before it A law must pass both Houses before it can be signed by the president. There can be signed by the president. There are so many bills introduced each year are so many bills introduced each year that smaller groups of legislators get that smaller groups of legislators get together to provide impetus for their together to provide impetus for their passage into laws.passage into laws.

Committee SystemCommittee System The The Committee SystemCommittee System is very important is very important

to the House and the Senate because it to the House and the Senate because it allows smaller groups of legislators to allows smaller groups of legislators to closely examine and debate certain bills. closely examine and debate certain bills.

The will then decide whether to The will then decide whether to recommend the bill for approval or recommend the bill for approval or decline the bill. decline the bill.

The The ChairpersonChairperson of these committees are of these committees are chosen by a Seniority System, which chosen by a Seniority System, which means they are chosen by how long they means they are chosen by how long they have served in office. have served in office.

Chairperson are very powerful officials.Chairperson are very powerful officials.

Committee SystemCommittee System

If the committee decides that a bill is If the committee decides that a bill is worthy of further action, it is sent to worthy of further action, it is sent to the chambers of Congress to argue the chambers of Congress to argue the pros and cons.the pros and cons.

If it passes the first chamber (House If it passes the first chamber (House or Senate), it is sent to the second or Senate), it is sent to the second chamber (House or Senate).chamber (House or Senate).

In the Senate, there are few rules on In the Senate, there are few rules on discussing the bill.discussing the bill.

Committee SystemCommittee System

Senators can speak as long as the Senators can speak as long as the want, on anything they want. want, on anything they want.

This is a delaying tactic called This is a delaying tactic called filibusterfilibuster that can be used to prevent that can be used to prevent a bill form coming up to a vote. a bill form coming up to a vote.

Senator use lengthy speeches so Senator use lengthy speeches so that they can maintain the floor and that they can maintain the floor and delay the vote indefinitely.delay the vote indefinitely.

Committee SystemCommittee System The Senate can place a tie limit called a The Senate can place a tie limit called a

cloturecloture on a member and defeat the on a member and defeat the filibuster if at least filibuster if at least 3/5 3/5 of the senators of the senators present are in favor of ending the present are in favor of ending the debate.debate.

When both chambers approve a bill, the When both chambers approve a bill, the Speaker of the House and the Vice President Speaker of the House and the Vice President sign it. sign it.

The bill must be signed by both before going The bill must be signed by both before going to the to the president to be signed or vetoedpresident to be signed or vetoed

U.S. CongressU.S. Congress

Congress can also punish their Congress can also punish their members if necessary. members if necessary.

If a majority of the members of a If a majority of the members of a chamber feels that a member’s chamber feels that a member’s behavior has not been proper, that behavior has not been proper, that member may be censured.member may be censured.

This This censurecensure can greatly harm the can greatly harm the member’s ability to be reelected or member’s ability to be reelected or his/her legislative effectiveness. his/her legislative effectiveness.


If the conduct of the members is If the conduct of the members is serious, the Constitution allows the serious, the Constitution allows the expulsion (removalexpulsion (removal) of the member if ) of the member if there is a there is a 2/3 majority vote2/3 majority vote to do so. to do so.

However, member of Congress also However, member of Congress also have have immunityimmunity..

This means that no member of This means that no member of Congress can be prosecuted for Congress can be prosecuted for anything they say in Congress.anything they say in Congress.


There are certain restrictions on There are certain restrictions on Congress as written in Section 9 of Congress as written in Section 9 of Article I of the Constitution that limit Article I of the Constitution that limit their powers.their powers.

It cannot pass laws that interfere with It cannot pass laws that interfere with the the rights of citizens to due process.rights of citizens to due process.

If you are put in jail, a judges can issue a If you are put in jail, a judges can issue a writ of habeas corpuswrit of habeas corpus that requires a that requires a review of you case to see if you detention review of you case to see if you detention is legal.is legal.

U. S. CongressU. S. Congress

Congress is also forbidden from issuing Congress is also forbidden from issuing bills of attainder.bills of attainder.

Bills of attainderBills of attainder are acts that punish a are acts that punish a person for their crimes without trial by person for their crimes without trial by jury.jury.

Congress can also not pass Congress can also not pass ex post ex post facto lawsfacto laws that would punish those who that would punish those who committed illegal acts prior to the laws committed illegal acts prior to the laws being passed that made that act illegal.being passed that made that act illegal.

Committees: Little Committees: Little LegislaturesLegislatures

The detailed work of lawmaking is The detailed work of lawmaking is done in committees rather than no done in committees rather than no the House or Senate floor.the House or Senate floor.

So many bills are introduced each So many bills are introduced each year that few of them would be year that few of them would be considered if the work were not considered if the work were not divided among smaller groups of divided among smaller groups of legislators.legislators.


Types of CommitteesTypes of Committees Each house of Congress has both well-Each house of Congress has both well-

established, ongoing committees and those established, ongoing committees and those set up for a specific short-term purpose.set up for a specific short-term purpose.

The permanent committees that continue The permanent committees that continue their work from session to session are their work from session to session are called called standing committees.standing committees.

The Senate has 17 standing committees The Senate has 17 standing committees and the House has 19, covering areas and the House has 19, covering areas such as education, veterans affairs, and such as education, veterans affairs, and commerce.commerce.


Most standing committees are divided Most standing committees are divided into smaller into smaller subcommitteessubcommittees that that deal with more specialized issues.deal with more specialized issues.

For example, the Senate Armed For example, the Senate Armed Services Committee has Services Committee has subcommittees on military readiness, subcommittees on military readiness, personnel, and armament.personnel, and armament.

Some subcommittees are very Some subcommittees are very powerful. Others are not.powerful. Others are not.


In addition to standing committees, both In addition to standing committees, both houses of Congress also have houses of Congress also have select select committeescommittees that are created to do a special that are created to do a special job for a limited period.job for a limited period.

In 1976, for example, the House formed the In 1976, for example, the House formed the Select Committee in Assassinations to Select Committee in Assassinations to investigate the deaths of John F. Kennedy investigate the deaths of John F. Kennedy and Dr. Martin Luther King.and Dr. Martin Luther King.

Like all select committees, the House Like all select committees, the House Assassinations Committee disbanded when it Assassinations Committee disbanded when it finished its workfinished its work


The House and Senate have also formed The House and Senate have also formed four four joint committeesjoint committees, which include , which include members of both houses.members of both houses.

The Joint Economic Committee reviews The Joint Economic Committee reviews economic conditions and recommends economic conditions and recommends improvements in economic policy.improvements in economic policy.

Other joint committees focus on federal Other joint committees focus on federal tax policy, the Library of Congress, and tax policy, the Library of Congress, and the Government Printing Office.the Government Printing Office.


A fourth Type of committee is a A fourth Type of committee is a temporary committee, the temporary committee, the conference committeeconference committee, which , which helps the House and Senate agree helps the House and Senate agree on the details of a proposed law.on the details of a proposed law.

Committee AssignmentsCommittee Assignments

When senators and representatives first When senators and representatives first come to Congress, they try to get come to Congress, they try to get assigned to important committees that assigned to important committees that affect the people who elected them. affect the people who elected them.

For example, members of Congress from For example, members of Congress from farm areas might want to serve on farm areas might want to serve on agriculture committees. agriculture committees.

Those with many factories in their Those with many factories in their districts might be interested in serving on districts might be interested in serving on labor committees. labor committees.

Committee AssignmentsCommittee Assignments Leaders of the political parties make Leaders of the political parties make

committee assignments.committee assignments. In doing so, they consider members’ In doing so, they consider members’

preferences, expertise, and loyalty to the preferences, expertise, and loyalty to the party.party.

Another key factor is seniority, or years Another key factor is seniority, or years in service.in service.

The Senators and representatives who The Senators and representatives who have been in Congress longest usually have been in Congress longest usually get the preferred committee spots. (get the preferred committee spots. (The The Seniority SystemSeniority System))


The longest-serving committee members The longest-serving committee members from the majority party traditionally from the majority party traditionally becomes chairperson. becomes chairperson.

Chairpersons of standing committees are Chairpersons of standing committees are the most powerful members of Congress.the most powerful members of Congress.

These members decide when and if a These members decide when and if a committee will meet, what bills will be committee will meet, what bills will be studied, and who will serve on which studied, and who will serve on which subcommittees.subcommittees.


Some people think the seniority system is a Some people think the seniority system is a good idea.good idea. They say it prevents fights over committee jobs and They say it prevents fights over committee jobs and

ensures that chairperson will have experience.ensures that chairperson will have experience. Other people complain that talented people Other people complain that talented people

may be overlooked in favor of those who have may be overlooked in favor of those who have simply been around for a while.simply been around for a while.

There has been much criticism of the seniority There has been much criticism of the seniority system over the years that both political system over the years that both political parties have moved slightly away from it.parties have moved slightly away from it.


The senior majority party member The senior majority party member on a committee still usually wins the on a committee still usually wins the role of chairperson, but it is no role of chairperson, but it is no longer guaranteed.longer guaranteed.

Taxing and SpendingTaxing and Spending To pay for the government and the many To pay for the government and the many

services it provides: Congress has the services it provides: Congress has the power to collect taxes. power to collect taxes.

All tax bills and other measures to All tax bills and other measures to raise money MUST START in the raise money MUST START in the HOUSE OF REPRESENTATIVESHOUSE OF REPRESENTATIVES because the Framers believed that the because the Framers believed that the members of Congress to the people members of Congress to the people should be the one to propose taxes. should be the one to propose taxes.

The Senate must approve such bills, The Senate must approve such bills, though.though.

Taxing and SpendingTaxing and Spending

Bills to spend money must also Bills to spend money must also START in START in the the HouseHouse. .

Each year, Congress spends money by Each year, Congress spends money by means of a two step process:means of a two step process: Authorization BillsAuthorization Bills – Create projects like the – Create projects like the

space shuttle program and establish how space shuttle program and establish how much money can be spent on them.much money can be spent on them.

Appropriations BillsAppropriations Bills – Actually provide the – Actually provide the money for each program or activity.money for each program or activity.

No government agency can spend money without No government agency can spend money without approval from Congress.approval from Congress.

Regulating CommerceRegulating Commerce Article I, Section 8, Clause 3, of the Article I, Section 8, Clause 3, of the

Constitution gives Congress the power to Constitution gives Congress the power to regulate foreign and interstate commerce.regulate foreign and interstate commerce.

Interstate commerce includes trade and other Interstate commerce includes trade and other economic activities among the states.economic activities among the states.

This commerce clause, as it is called, is the This commerce clause, as it is called, is the basis for many of the most important powers basis for many of the most important powers of Congress.of Congress.

Laws dealing with air traffic, railroads, Laws dealing with air traffic, railroads, trucking, radio, television, air pollution, and trucking, radio, television, air pollution, and the stock market are base on this clause. the stock market are base on this clause. (Implied Powers)(Implied Powers)

Foreign Relations and Foreign Relations and TreatiesTreaties

Congress has important responsibilities Congress has important responsibilities regarding foreign policy and national regarding foreign policy and national defense.defense.

ONLY CONGRESS can DECLARE WAR.ONLY CONGRESS can DECLARE WAR. Congress also has the power to create, Congress also has the power to create,

maintain, and oversee an army and navy.maintain, and oversee an army and navy. The Senate must approve any treaties the The Senate must approve any treaties the

president makes with other countries.president makes with other countries. Regulating commerce with other Regulating commerce with other

countries is another power granted to countries is another power granted to Congress Congress

Non-legislative PowersNon-legislative Powers

Congress has a number of powers Congress has a number of powers that do not relate to making laws.that do not relate to making laws. The Constitution allows The Constitution allows Congress to Congress to

PROPOSE constitutional amendments PROPOSE constitutional amendments by a 2/3 vote of each house.by a 2/3 vote of each house.

Congress is also in charge of counting Congress is also in charge of counting electoral votes.electoral votes. If no candidate receives a majority (270), the If no candidate receives a majority (270), the

House picks the presidentHouse picks the president from among the from among the three top vote getters and the Senate chooses three top vote getters and the Senate chooses the vice president.the vice president.


Congress can also settle problems that Congress can also settle problems that might arise if a presidential or vice might arise if a presidential or vice presidential candidate dies or if an elected presidential candidate dies or if an elected president dies, resigns, or is too ill to serve.president dies, resigns, or is too ill to serve.

Among Congress’s most important non-Among Congress’s most important non-legislative powers are those it uses to check legislative powers are those it uses to check the other branches of government.the other branches of government. Some of these are set forth in the Constitution: Some of these are set forth in the Constitution:

others have developed over time.others have developed over time.


Overseeing government activities is Overseeing government activities is another role Congress has taken on.another role Congress has taken on.

Standing committees routinely Standing committees routinely review how well the executive review how well the executive branch put into practice the many branch put into practice the many laws Congress has passed.laws Congress has passed.

Powers of CongressPowers of Congress Expressed Powers:Expressed Powers:

Lay & Collect taxes to Lay & Collect taxes to provide for the defense and provide for the defense and general welfare of the U.S. general welfare of the U.S. (Clause 1)(Clause 1)

Borrow $ (Clause 2)Borrow $ (Clause 2) Establish bankruptcy laws Establish bankruptcy laws

(Clause 4)(Clause 4) Coin, print, and regulate Coin, print, and regulate

money (Clause 5)money (Clause 5) Punish counterfeiters of Punish counterfeiters of

American currency (Clause American currency (Clause 6)6)

Regulate foreign and Regulate foreign and interstate commerce interstate commerce (Clause 3)(Clause 3)

Implied Powers:Implied Powers: Lay and collect taxes Lay and collect taxes

implies the power to implies the power to support public schools, support public schools, welfare programs, public welfare programs, public housing, etc…housing, etc…

Borrow money implies the Borrow money implies the power to maintain the power to maintain the Federal Reserve Board.Federal Reserve Board.

Regulate commerce Regulate commerce implies the power to implies the power to prohibit discrimination in prohibit discrimination in restaurants, hotels, and restaurants, hotels, and other public other public accommodations accommodations


Declare War (Clause 11)Declare War (Clause 11) Raise, support, and Raise, support, and

regulate an army and regulate an army and navy (Clauses 12, 13, & navy (Clauses 12, 13, & 14)14)

Provide, regulate, and Provide, regulate, and call into service a militia, call into service a militia, known as the National known as the National Guard (Clauses 15 & 16)Guard (Clauses 15 & 16)

Punish acts committed Punish acts committed on international waters on international waters and against the laws of and against the laws of nations (Clause 10)nations (Clause 10)

Implied Powers:Implied Powers: Raise and support and Raise and support and

army implies the right army implies the right to draft people in the to draft people in the armed servicesarmed services


Establish laws of Establish laws of naturalization (Clause 4)naturalization (Clause 4)

Establish post offices and Establish post offices and post roads (Clause 7)post roads (Clause 7)

Grant copyrights and Grant copyrights and patents (Clause 8)patents (Clause 8)

Create lower federal Create lower federal courts (Clause 9)courts (Clause 9)

Govern Washington D.C. Govern Washington D.C. (Clause 17)(Clause 17)

Provide for laws Provide for laws necessary and proper for necessary and proper for carrying out all other carrying out all other listed powers (Clause 18)listed powers (Clause 18)

Implied Powers:Implied Powers: Establish laws of Establish laws of

naturalization implies naturalization implies the power to limit the the power to limit the number of immigrants number of immigrants to the United Statesto the United States

competency goal #2 analyze how the government established by the us constitution embodies the...

Documents

division of government

stronger national government

division of states powers

regulatory powers

powers exercises

certain powers

dual system of government

problems of national