Open to the Preamble of the Open to the Preamble of the Constitution (p. 95) and for each Constitution (p. 95) and for each of the six purposes of the of the six purposes of the Constitution, give an example of Constitution, give an example of how the government accomplishes how the government accomplishes that purposethat purpose

Comparing the US and Comparing the US and NC ConstitutionNC Constitution

Civics Unit 3Civics Unit 3

Principles of the Constitution Principles of the Constitution (Ch. 3.4)(Ch. 3.4)

A Constitution is a document that outlines A Constitution is a document that outlines how a nation will be governedhow a nation will be governed

I: Federalism –power is shared between the national government and the state governments

a. working together for the benefit of all

b. the states must approve all amendments in order to change the Constitution

II: Separation of PowersII: Separation of Powers

A.A. Three branches of Federal Government: Three branches of Federal Government: Congress, President, and Supreme CourtCongress, President, and Supreme Court

B.B. Article I- LegislativeArticle I- Legislative

C.C. Article II- ExecutiveArticle II- Executive

D.D. Article III- JudicialArticle III- Judicial

E. Checks and balances E. Checks and balances keep the branches in checkkeep the branches in check

III. Checks and BalancesIII. Checks and Balances

A.A. L>E: impeachment, L>E: impeachment, override veto, reject override veto, reject appointments and appointments and treatiestreaties

B.B. L>J: impeachment L>J: impeachment (removing from office (removing from office for wrongdoing, reject for wrongdoing, reject appointmentsappointments

C.C. E>L: veto (also head E>L: veto (also head of party, “bully of party, “bully pulpit”)pulpit”)

D.D. E>J: appoint E>J: appoint judges, pardonjudges, pardon

E.E. J>E: declare J>E: declare actions actions unconstitutionalunconstitutional

F.F. J>L: declare laws J>L: declare laws unconstitutionalunconstitutional

IV. Limited GovernmentIV. Limited Government

A.A. Government may only do the things that Government may only do the things that people have given them the power to dopeople have given them the power to do

B.B. ConstitutionalismConstitutionalism-- gov’t must follow gov’t must follow the lawthe law

C.C. Bill of rights- designed to limit federal Bill of rights- designed to limit federal governmentgovernment

D.D. Article I, Sec 9- powers DENIED to Article I, Sec 9- powers DENIED to CongressCongress

E.E. Article I, Sec 10- powers DENIED to the Article I, Sec 10- powers DENIED to the StatesStates

V. V. FederalismFederalism

A.A. Expressed PowersExpressed Powers or “ or “enumerated enumerated powerspowers”- powers written out ”- powers written out specifically in constitution specifically in constitution

-gov’t power divided between federal and state

B.B. Implied PowersImplied Powers-- powers not powers not expressly statedexpressly stated

1.1. ““Necessary and Proper” (or “Elastic”) Necessary and Proper” (or “Elastic”) ClauseClause

2.2. allows Congress to make laws to expand allows Congress to make laws to expand upon enumerated powers- that are upon enumerated powers- that are necessary and proper for the general necessary and proper for the general welfare of the people.welfare of the people.

3.3. ex: creation of executive agencies, social ex: creation of executive agencies, social programs, economy regulationprograms, economy regulation

C.C. Reserved PowersReserved Powers-- powers powers reserved specifically for the reserved specifically for the statesstates

1.1. marriage and divorce, public marriage and divorce, public schools, liquor lawsschools, liquor laws

2.2. full faith and credit clausefull faith and credit clause-- each state must recognize the each state must recognize the laws, decisions of other stateslaws, decisions of other states

D.D. Concurrent PowersConcurrent Powers-- powers both national and powers both national and state gov’ts have (ex: state gov’ts have (ex: collect taxes, crime and collect taxes, crime and punishment)punishment)

E.E. Delegated PowersDelegated Powers-- powers held by Fed powers held by Fed gov’t only (naturalization, postal service, gov’t only (naturalization, postal service, copyrights and patents).copyrights and patents).

F.F. Supremacy ClauseSupremacy Clause (Article VI) (Article VI)1.1. Constitution is the Supreme law of the landConstitution is the Supreme law of the land

2.2. Laws and treaties passed by Federal gov’t Laws and treaties passed by Federal gov’t supreme over the statessupreme over the states

Civics Unit 3Civics Unit 3

Powers in the ConstitutionPowers in the Constitution

I. Legislative Branch (Art. I)I. Legislative Branch (Art. I)

A.A. All Legislative powers: make the All Legislative powers: make the lawslaws

B.B. SessionSession-- time Congress meets time Congress meets

C.C. Special sessionSpecial session-- can be called by can be called by the Presidentthe President

D.D. House of RepresentativesHouse of Representatives1.1. ““house of the people”- popularly house of the people”- popularly

electedelected

2.2. 435 members (number set by law)- 435 members (number set by law)- Every ten years we have a Every ten years we have a census census =representatives are based on =representatives are based on population.population.

3.3. term is for 2 yearsterm is for 2 years

4.4. Qualifications- 25 years old, citizen for Qualifications- 25 years old, citizen for 7 years, live in state and district7 years, live in state and district

5.5. Speaker of the HouseSpeaker of the House-- head of party head of party in power and overseer of housein power and overseer of house

6.6. GerrymanderingGerrymandering- drawing district lines for - drawing district lines for the advantage of a particular partythe advantage of a particular party

E.E. SenateSenate1.1. ““house of the states” –originally house of the states” –originally

elected by state legislatureselected by state legislatures

2.2. 100 members- 2 per state100 members- 2 per state

3.3. term is 6 years (1/3 elected every 2 term is 6 years (1/3 elected every 2 years)years)

4.4. Qualifications- 30 years old, citizen for Qualifications- 30 years old, citizen for 9 years, live in state9 years, live in state

5.5. 17th Amendment17th Amendment-- allowed people to vote for allowed people to vote for SenatorsSenators

6.6. V.P. is “president” of Senate- votes in ties- V.P. is “president” of Senate- votes in ties- Who?Who?

7.7. President Pro TemporePresident Pro Tempore-- overseer of Senate- overseer of Senate- Daniel Inouye.Daniel Inouye.

F.F. Powers of CongressPowers of Congress1.1. Enumerated (Art I, Sec. 8)Enumerated (Art I, Sec. 8)

a.a. Tax and budgetTax and budget (power of the purse) (power of the purse)

b.b. Regulate interstate and international Regulate interstate and international commercecommerce

c.c. ImmigrationImmigration

d.d. Coin moneyCoin money

e.e. Patents and copyrightsPatents and copyrights

f.f. Inferior courts to Supreme CourtInferior courts to Supreme Court

g.g. Declare warDeclare war

h.h. Raise army and navyRaise army and navy

i.i. Regulate federal land and “seat of gov’t”Regulate federal land and “seat of gov’t”

2.2. Powers DENIED congress (Art I, Sec 9)Powers DENIED congress (Art I, Sec 9)a.a. Commerce compromise (no tax exports, Commerce compromise (no tax exports,

slave trade end after 20 years)slave trade end after 20 years)

b.b. Suspend Suspend writ of Habeas Corpuswrit of Habeas Corpus-- have to have to be present for your trialbe present for your trial

c.c. No Ex Post Facto LawsNo Ex Post Facto Laws-- makes it a crime makes it a crime after it was doneafter it was done

d.d. No Bills of AttaindersNo Bills of Attainders-- punishment punishment without trialwithout trial

II. Executive Branch (Art. II)II. Executive Branch (Art. II)

A.A. Chief ExecutiveChief Executive1.1. appoint top level officials (Cabinet) appoint top level officials (Cabinet)

with “the advice and consent of with “the advice and consent of Senate”Senate”

2.2. running of the government running of the government ((bureaucracybureaucracy) )

B.B. Chief DiplomatChief Diplomat1.1. make make treatiestreaties (formal agreements (formal agreements

with other countries) with 2/3 of with other countries) with 2/3 of SenateSenate

2.2. Recognition- Recognition- formallyformally acknowledges acknowledges another countryanother country

3.3. send and receive ambassadorssend and receive ambassadors

C.C. Commander and ChiefCommander and Chief1.1. civilian in charge of militarycivilian in charge of military

2.2. only Congress can “declare war”only Congress can “declare war”

3.3. War Powers ActWar Powers Act-- designed to limit designed to limit the president’s power, strengthen the president’s power, strengthen CongressCongress

a.a. Notify Congress in 48 hoursNotify Congress in 48 hours

b.b. After 60 days must have approval from After 60 days must have approval from joint resolution of Congress (30 day joint resolution of Congress (30 day extension)extension)

D.D. Legislative PowersLegislative Powers1.1. Executive ordersExecutive orders-- orders with the orders with the

force of law w/o Congress neededforce of law w/o Congress needed

2.2. ““message power”- recommendedmessage power”- recommended

3.3. State of the UnionState of the Union

4.4. call special sessions of Congresscall special sessions of Congress

Which branch of the Which branch of the Federal Government runs Federal Government runs

the bureaucracy?the bureaucracy?

4.4. Submit a budget for Submit a budget for Congressional approvalCongressional approval

5.5. “ “take care” laws are take care” laws are “faithfully executed”“faithfully executed”

6.6. Approve or Veto Approve or Veto legislationlegislation

a.a. VetoVeto

b.b. ApproveApprove

c.c. Do nothing (for 10 days)Do nothing (for 10 days) If Congress is not in session: If Congress is not in session:

Pocket VetoPocket Veto-- bill dies bill dies If Congress is in session: bill If Congress is in session: bill

passespasses

E.E. Judicial powersJudicial powers1.1. Nominates federal judgesNominates federal judges

2.2. PardonPardon-- relieve all charges relieve all charges

3.3. commutation- reduce a sentencecommutation- reduce a sentence

4.4. reprieve- spare from death penaltyreprieve- spare from death penalty

III: Justices of the Supreme III: Justices of the Supreme Court- Judicial BranchCourt- Judicial Branch

8 Judges plus 1 Chief Justice8 Judges plus 1 Chief Justice John Roberts-current Chief JusticeJohn Roberts-current Chief Justice Appointed by the PresidentAppointed by the President Approved by the SenateApproved by the Senate Serve for life Serve for life Can be impeached for wrongdoingCan be impeached for wrongdoing

III. Judicial Branch (Art. III)III. Judicial Branch (Art. III)9 Justices-serve for life9 Justices-serve for life

A.A. JurisdictionJurisdiction- allows a court to hear - allows a court to hear the casethe case

B.B. Original JurisdictionOriginal Jurisdiction-- a specific a specific court MUST hear that casecourt MUST hear that case

1.1. State laws in state courts, federal laws State laws in state courts, federal laws in federal courtsin federal courts

2.2. conflicts conflicts betweenbetween states is Supreme states is Supreme CourtCourt

C.C. Appellate JurisdictionAppellate Jurisdiction-- only hear only hear appeal of caseappeal of case

1.1. AppealAppeal-- reviewing a lower court’s reviewing a lower court’s rulingruling

2.2. Long, difficult appeal processLong, difficult appeal process

3.3. Supreme Court chooses the cases they Supreme Court chooses the cases they hear otherwise accept previous rulinghear otherwise accept previous ruling

OpinionsOpinions

Majority opinion: Usually written by the Majority opinion: Usually written by the Chief Justice. This states the view of the Chief Justice. This states the view of the majority of the justices and the legal basis majority of the justices and the legal basis for the decisions.for the decisions.

Dissenting opinion: A justice may also Dissenting opinion: A justice may also give this opposing view of the case and give this opposing view of the case and present the reasons for the opposition.present the reasons for the opposition.

Concurring opinion: A justice may issue Concurring opinion: A justice may issue an opinion that agrees with the majority an opinion that agrees with the majority but for a different reasonbut for a different reason

Hearing and Selecting CasesHearing and Selecting Cases

Writ of Certiorari: this directs a lower Writ of Certiorari: this directs a lower court to send its records on a case up court to send its records on a case up to the Supreme Court for review.to the Supreme Court for review.

Stare decisis: “let the decision stand” Stare decisis: “let the decision stand” the previous decision is upheld. the previous decision is upheld.

Rule of LawRule of Law

No one is above the law including No one is above the law including those in power.those in power.

IMPEACHMENTIMPEACHMENT: removal of office of : removal of office of a president or judge for wrongdoing.a president or judge for wrongdoing.

Power to impeach is with the Power to impeach is with the Congress. Example of Checks and Congress. Example of Checks and Balances.Balances.