The Constitution€¦ · Article I Section 8 of the Constitution: • Taxation • Borrowing/printing money • Regulating commerce • Setting up postal system • Raising/supporting

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The Constitution

What is it?

• It’s a plan of govt

Fundamental Principle #1:

Popular Sovereignty

--All political power

resides in the people

Fundamental Principle #2:

Limited Government

--A gov’t can only do those things the people have given it the power to do

-- A.k.a. “the rule of law”—govt must obey the law

http://www.youtube.com/watch?v=rUzrMfDKI-E

(underground tunnels—first 30 seconds)

Legislative Branch—House of

Representatives Length of Term:

2 years

Number of Terms a Representative May Serve:

No term limit

Can impeach (formally charge with a crime)

the president

25-years old; 7 years citizenship

Presidents who have been impeached

Legislative Branch—Senate

Length of Term of Office:

6 years

Number of Terms a Senator Can Serve:

No Term Limit

30-years old; 9 years citizen

Legislative Branch—Senate

Power to Approve

• Treaties

• Supreme Court members

• Cabinet members

• Federal judges

Senate acts as a trial court after

impeachment--votes guilty/not guilty

Both Senate & House Together

Can propose and make

laws

Can declare war

Can override the

president’s veto with

a 2/3 vote

The Expressed Powers

The powers specifically given to Congress in Article I Section 8 of the Constitution:

• Taxation

• Borrowing/printing money

• Regulating commerce

• Setting up postal system

• Raising/supporting an army, navy, etc.

• Laws about bankruptcy, copyrights, etc.

• Laws of naturalization

• Setting up Federal Courts below the Supreme Court

• Overseeing the District of Columbia

The “Necessary & Proper” (Elastic) Clause

Article I, Section VIII, Clause 18 of the Constitution:

“The Congress shall have power to … make all

Laws which shall be necessary and proper

for carrying into Execution the foregoing powers…”

So does “necessary and proper” mean

ABSOLUTELY NECESSARY

OR

CONVENIENT AND USEFUL?

Implied Powers

• Creation of the Federal Reserve

• Endangered Species Act, Clean Air Act

• Anti-discrimination laws

• Establish a minimum wage

• Regulate immigration

Executive Branch—the President

Length of Term:

4 years

Number of terms a president can serve:

No more than two (Amendment 22)

Has power to approve or veto laws

Executive Branch—the President

• 35-years old; 14

years residency in the

U.S.

• Must be native born (born

in the U.S.)

Executive Branch—the President

• Can make treaties

with other nations (i.e.

NAFTA, Versailles

Treaty)

•Appoints judges to the

Supreme Court, Cabinet

members, other federal

employees

Executive Branch—the President

• Commander-in-Chief

Judicial Branch—Supreme Court &

Federal Courts

Judicial Branch—

Supreme Court & Federal Courts

Length of term:

Life term

Can declare laws _______________

--the power of __________ review

unconstitutional

judicial

Judicial Branch—

Supreme Court & Federal Courts

• Can settle disputes

involving the United

States

Judicial Branch—

Supreme Court & Federal Courts

Can settle disputes

among the states

Checks & Balances Triangle

Obama E.O. struck down

Federalism

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