The Federal Government The Federal Government and the State and the State GovernmentsGovernments

Chapter 3Chapter 3

Section 1Section 1

Article 1: The Legislative Branch Article 1: The Legislative Branch (Congress)(Congress)

Make Make lawslaws..CongressCongressTwo houses = Two houses = bicameral bicameral ElectionsElections held every held every eveneven

year (2004, 2006, 2008)year (2004, 2006, 2008)

House of RepresentativesHouse of Representatives Based on Based on populationpopulation Effected population change = Effected population change =

reappointment (reappointment (GerrymanderingGerrymandering)) Has Has 435435 members. members. 22 year term year term All elected at the All elected at the samesame time time 2525 year old, citizen for year old, citizen for 77 years, live in years, live in statestate..

LeaderLeader = Speaker of the House. = Speaker of the House.Special Powers:Special Powers:Money Money billsbills start here. start here.Can Can impeachimpeach (accuse) officials of (accuse) officials of

Executive /Judicial branches Executive /Judicial branches ((checks/balanceschecks/balances))

SenateSenateAll All statesstates have 2 (100). have 2 (100).Not effected by Not effected by populationpopulation change. change.66 year terms. year terms.1/31/3 elected every elected every 22 years. years.3030 years old, citizens for years old, citizens for 99 years, live years, live

in state.in state.

LeadersLeaders = President of Senate. VP of U.S., = President of Senate. VP of U.S., and President.and President.

Special PowersSpecial Powers Vote in Vote in impeachmentimpeachment trials trials Must Must approveapprove (“advice and consent”) in (“advice and consent”) in

treaties made by the President and on his treaties made by the President and on his appointments (appointments (= checks on Executive branch= checks on Executive branch))

Anyone convicted of Anyone convicted of impeachmentimpeachment shall not be shall not be punishedpunished (by Congress) more (by Congress) more than than removalremoval from office. from office.

States set elections for States set elections for Senate/HouseSenate/House..

CongressCongress must meet once a year. must meet once a year.Each house Each house judgesjudges if those elected if those elected

meet meet qualificationsqualifications, keeps journal, , keeps journal, sets own rules, gets paid.sets own rules, gets paid.

QuorumQuorum (=minimum attending to (=minimum attending to conduct business) = conduct business) = 51%51%

After bills pass After bills pass HouseHouse and and SenateSenate they must be they must be presented to presented to PresidentPresident..

He can He can vetoveto (refuse to (refuse to approve) = checks of approve) = checks of Legislature by ExecutiveLegislature by Executive

If 2/3 of both houses repass the bill, If 2/3 of both houses repass the bill, it becomes law over President’s it becomes law over President’s veto = veto = overrideoverride (Check of Executive (Check of Executive by Legislative)by Legislative)

The same applies to anything The same applies to anything passed by passed by CongressCongress..

U.S. has U.S. has federal systemfederal system of of government.government.

All All powerpower comes from comes from peoplepeople..FederalismFederalism = power is divided = power is divided

between central government and between central government and state governments.state governments.

Constitution lists ( = Constitution lists ( = enumeratesenumerates) powers that ) powers that the states gave (= the states gave (= delegateddelegated, , expressedexpressed) to federal ) to federal government.government.

Enumerated Powers allow Enumerated Powers allow federal government to:federal government to:

1.1. TaxesTaxes to pay to pay debtsdebts, , defenddefend the the country and provide country and provide servicesservices..

2.2. Borrow money = Borrow money = national debtnational debt

3.3. Regulate commerce (= Regulate commerce (= tradetrade) ) with with nationsnations and among the and among the statesstates..

4) Set up 4) Set up nationalizationnationalization (= how to become (= how to become a citizen) and a citizen) and bankruptcybankruptcy policy policy

5) 5) Coin moneyCoin money

6) Define 6) Define weights/measuresweights/measures..

7) Punish 7) Punish counterfeitingcounterfeiting..

8) Set up a 8) Set up a post officepost office and and roadsroads..

9) Issue 9) Issue patentspatents (= law giving (= law giving payment to inventor)payment to inventor)

10) Issue 10) Issue copyrightscopyrights (= law (= law giving payment to author).giving payment to author).

11) Set up 11) Set up federal courtsfederal courts lower lower than the than the Supreme CourtSupreme Court..

12) Punish 12) Punish piratespirates and international and international law law breakersbreakers..

13) 13) Declare WarDeclare War

14) Raise/train an 14) Raise/train an armyarmy and and navynavy..

15) Set up rules for calling out the 15) Set up rules for calling out the State State MilitiaMilitia (= National Guard) (= National Guard)

16) Set up a 16) Set up a national capitalnational capital (= (= DC)DC)

Implied PowersImplied Powers = Laws needed = Laws needed in order to carry out in order to carry out enumerated powers.enumerated powers.

Example: Law making it a Example: Law making it a crime to steal from the mail.crime to steal from the mail.

Sometimes called Sometimes called elastic clauseelastic clause..

17) … Make all 17) … Make all lawslaws necessary necessary and proper for carrying out and proper for carrying out above.above.

Limits on CongressLimits on CongressDone to Done to protectprotect the the rightsrights of of

the the peoplepeople..

1) 1) ImportationImportation of slaves of slaves guaranteed until 1808.guaranteed until 1808.

2) 2) Writ of Habeas CorpusWrit of Habeas Corpus (= legal paper (= legal paper forcing government to bring prisoner before forcing government to bring prisoner before judge to see if prisoner is being held judge to see if prisoner is being held lawfully)lawfully)

= Keeps government from = Keeps government from warehousingwarehousing people in people in jailjail..

Can only be Can only be ignoredignored in times of serious in times of serious dangerdanger..

QuestionQuestion

What event happened in World What event happened in World War II where the president War II where the president suspended Habeas Corpus? suspended Habeas Corpus?

3) 3) No bills of attainderNo bills of attainder (= laws passed by (= laws passed by legislature to convict a person)legislature to convict a person)

4) No 4) No ex post facto lawsex post facto laws ( + retroactive laws) ( + retroactive laws)

5) 5) TaxesTaxes must be based on must be based on populationpopulation the the 1616thth amendment over ruled this. (Income amendment over ruled this. (Income Tax)Tax)

6) No 6) No exportexport taxes taxes

7) Laws can’t favor one 7) Laws can’t favor one portport over over another.another.

8) Congress must pass 8) Congress must pass lawlaw to spend to spend moneymoney. Must have public . Must have public budgetbudget..

9) No titles of 9) No titles of nobilitynobility..

10) 10) NoNo government government worker/elected worker/elected official can official can accept accept title of title of nobilitynobility from from foreignforeign government.government.

Limits on the StatesLimits on the States

1) Can’t sign 1) Can’t sign treatiestreaties with with foreignforeign nations.nations.

2) Can’t give private 2) Can’t give private citizenscitizens ok to ok to fight fight foreignforeign nations. nations.

3) Can’t 3) Can’t coincoin money or money or issueissue paper paper money.money.

4) Can’t have law that allows 4) Can’t have law that allows anything other than anything other than gold/silvergold/silver money.money.

5) No bills of 5) No bills of attainderattainder..6) No 6) No ex post facto lawsex post facto laws..7) No laws excusing people from 7) No laws excusing people from

carrying out carrying out contractscontracts..8) No 8) No titles of nobilitytitles of nobility..

Actions States May Take Only Actions States May Take Only With Congressional ApprovalWith Congressional Approval

Taxing of Taxing of importsimports or or exportsexports..No No troops/warshipstroops/warships (except (except

National Guard) in time of National Guard) in time of peace.peace.

Agreements with other Agreements with other states/nationsstates/nations..