The Supreme Law

of the LandThe United States Constitution and the

Separation of Powers in a Federal System

The federal system of government established

by the United States Constitution was one which empowered the national government. Under the Articles of Confederation, the states had more power than the national government – state sovereignty.

Under the Constitution, whenever the national law came into conflict with state or local statutes, the national government would be supreme… Meaning that state sovereignty was a thing of the past.

“the supreme law of the land…”

“To form a more perfect union…” “To establish justice…” “To ensure domestic tranquility…” “To provide for the common defense…” “To promote the general welfare…” “To secure the blessings of liberty…”

The Preamble

Congress

The House of Representatives The US Senate

The Legislative Branch

The Power to Make Laws

The power to coin money – exclusively.

The power to declare war. Today, the power to declare war has been usurped by the President to a large extent. When was the last time the United States’ Congress actually declared war?

The power to regulate trade.

The power to make “necessary and proper” laws in order to carry out the powers that are listed. (Elastic Clause.)

Powers Delegate to the United States Congress

In Article One of the Constitution, Section

Eight, it states that Congress shall have the right “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department of officer thereof.”

This allows the Congress to carry out its work and change with the times when necessary.

The Elastic Clause

The Executive Branch

The President The Vice President

Checked Powers of the Executive BranchBecause the Founding Fathers were fearful that the President might usurp power in the same manner that King George III had, they put in checks against the power of the Presidency.

The President’s job was to execute or enforce the

laws, not to make them. The President is the Commander-in-Chief, but only

the Congress can declare war. The President has the power to make treaties, but

they are only binding if the Senate approves them. The President can nominate judges for the Supreme

Court or lower courts – and ambassadors or Secretaries for the various departments; however, all of these appointments must be approved by Congress.

Checks on the President’s Authority

George WashingtonThe Founding Fathers were confident that George Washington would be elected as the First President of the United States; therefore, they designed the office with him in mind. He would establish several precedents as President; for example, serving just two terms in office and accepting the title, Mr. President.

The justices of the Supreme Court were

appointed by the President and approved by Congress; however, once selected, they served for life during times of good behavior.

The decisions of the Supreme Court are final, so members of the Court have enormous power. They are guaranteed both their jobs and their compensation.

The Judicial Branch