Documente Academic
Documente Profesional
Documente Cultură
4)
Obj. 2.01 Identify principles in the United States Constitution
I. Popular Sovereignty A. Def: people have the right to rule B. Examples 1. Declaration: governments draw powers from the consent of those governed 2. Constitution: We the people C. Regularly scheduled elections the main way officials are held accountable II. Rule of Law A. Laws apply to everyone B. Explains what actions people and institutions can and cannot do C. Judicial Review 1. Supreme Courts greatest power 2. review actions of govt if deemed unconstitutional D. Impeachment- when President or Supreme Court Justice has broken the law 1. Majority in house to impeach 2. 2/3 majority in Senate to remove III. Separation of Powers A. Three branches of Federal Government: Congress, President, and Supreme Court B. Article I- Legislative C. Article II- Executive D. Article III- Judicial IV. Checks and Balances
Legislative
A B C D E F
Executive
Judicial
B. L>J: impeachment, reject appointments C. E>L: veto (also head of party, bully pulpit) D. E>J: appoint judges, pardon E. J>E: declare actions unconstitutional F. J>L: declare laws unconstitutional V. Limited Government A. Government may only do the things that people have given them the power to do B. Constitutionalism- govt must follow the law C. Bill of rights- designed to limit federal government D. Article I, Sec 9- powers DENIED to Congress E. Article I, Sec 10- powers DENIED to the States VI. Federalism- govt power divided between federal and state A. Expressed Powers or enumerated powers- powers written out specifically in constitution (ex: tax, military, trade) B. Implied Powers- powers not expressly stated 1. Necessary and Proper (or Elastic) Clause 2. allow Congress to make laws to expand upon its enumerated powers 3. ex: creation of executive agencies, creation of social programs, economy regulation C. Reserved Powers- powers reserved specifically for the states 1. marriage and divorce, public schools, liquor laws 2. full faith and credit clause- each state must recognize the laws, decisions of other states D. Concurrent Powers- powers both national and state govts have (ex: collect taxes, crime and punishment) E. Delegated Powers- powers held by Fed govt only F. Supremacy Clause 1. Constitution is the Supreme law of the land 2. Laws and treaties passed by Federal govt supreme over the states
g. Declare war h. Raise army and navy i. Regulate federal land and seat of govt 2. Powers DENIED congress (Art I, Sec 9) a. Commerce compromise (no tax exports, slave trade end after 20 years) b. Cannot suspend writ of Habeas Corpus- be present at your trial c. No Ex Post Facto Laws- retroactive punishment for recently created laws d. No Bills of Attainders- punishment without trial II. Executive Branch (see Ch. 7) A. Chief Executive 1. appoint top level officials (Cabinet) with the advice and consent of Senate 2. running of the government (bureaucracy) B. Chief Diplomat 1. make treaties (formal agreements with other countries) with 2/3 of Senate 2. Recognition- formally acknowledges another country 3. send and receive ambassadors C. Commander and Chief 1. civilian in charge of military 2. only Congress can declare war 3. War Powers Act- designed to limit the presidents power, strengthen Congress a. Notify Congress in 48 hours b. After 60 days must have approval from joint resolution of Congress (30 day extension) D. Legislative Powers 1. executive order- orders with the force of law w/o Congress needed 2. message power- recommended 3. State of the Union 4. call special sessions of Congress 5. Submit a budget for Congressional approval
6. take care laws are faithfully executed 7. Approve or Veto legislation a. Veto- bill dies b. Approve (sign) c. Do nothing (for 10 days) i. If not in session, Pocket Veto- bill dies ii. If congress in session, bill passes E. Judicial powers 1. Nominates federal judges 2. Pardon- relieve all charges 3. commutation- reduce a sentence 4. reprieve- spare from death penalty III. Judicial Branch- Article III (see Ch. 8) A. Jurisdiction- allows a court to hear the case B. Original Jurisdiction- a specific court MUST hear that case 1. State laws in state courts, federal laws in federal courts 2. conflicts between states is Supreme Court C. Appellate Jurisdiction- only hear appeal of case 1. Appeal- reviewing a lower courts ruling 2. Long, difficult appeal process 3. Supreme Court chooses the cases they hear otherwise accept previous ruling