US Government - PDF

Federal government is the stronger government, but powers are limited to what has been delegated to the national government by the Constitution “CONSTITUTIONALISM” must follow the Constitution - “the rule of law” EXPRESSED POWERS - spelled out expressly in the Constitution (enumerated powers): Congr...

Federal government is the stronger government, but powers are limited to what has been delegated to the national government by the Constitution “CONSTITUTIONALISM” must follow the Constitution - “the rule of law” EXPRESSED POWERS - spelled out expressly in the Constitution (enumerated powers): Congress - to collect taxes, to coin money, regulate foreign and interstate commerce, to raise and maintain an army, to declare war, to fix standards of weights and measure, to grant patents and copyrights, etc. President - commander in chief of the armed forces, grant reprieves and pardons, to make treaties, to appoint major federal officials Supreme Court (and other federal courts) - the judicial power of the US IMPLIED POWERS -The Necessary and Proper Clause (“Elastic Clause”) – Congress has the power “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…” Article 1, Section 8, Clause 18 Under the expressed power to regulate interstate commerce, Congress has created the Interstate highway system, built hydro-electric dams, prohibited racial discrimination in granting access to restaurants, theaters, hotels and motels, etc. INHERENT POWERS - exist and belong to the National Government because they are inherent to a sovereign nationregulate immigration, acquire new territory, grant diplomatic recognition to other countries, protect the nation from rebellion, etc. Constitution expressly denies certain powers tax exports, take private property for public good without just compensation, prohibit freedom of religion, speech, press, etc. Silence of the Constitution - no national school system, no national law regarding marriage and divorce, nor set up local unit of government. Federal system - National Government may not tax a state/local government carrying out their governmental functions - the power to tax is the power to destroy RESERVED POWERS Bill of Rights – guarantees individual liberties 9th amendment reserves power to the people 10th amendment reserves power to the states lawmaking branch (Congress) Article 1 of the Constitution Bicameral-two houses Senate-two senators from every state House of Representatives-based on the population of each state Responsible for all money matters Great emphasis on Congress by the writers of the Constitution - longest article in the Bi-Cameral Crash Course Constitution Carries out the laws (President) Article 2 of the Constitution President is the Chief Executive Includes the executive departments Vice President is second in line to the President Powers of the President Crash Course judges laws and sets penalties/punishment for law breakers (Supreme Court) Article 3 of the Constitution Supreme Court is the highest court in the country Supreme Court has the power of Judicial Review (although not stated in the Constitution, Marbury v. Madison) Supreme Court has power to declare a law/executive action unconstitutional Congress has the power to establish all lower Judicial Review Crash Course Federal Courts 3 Branches of Government Rap Writers of the Constitution wanted to protect the rights and freedoms of the people - they did not want another King They created a Constitution with 3 branches of government, each with their own separate powers To make sure that no one branch becomes too powerful, the powers of each branch are checked and limited by the other two branches Congress can override a President’s veto by 2/3 vote Congress can impeach and remove the President or Supreme Court Justices Congress has to approve all treaties Congress has to approve all presidential appointments including Supreme Court Justices President may veto legislation President must appoint Supreme Court Justices and other federal judges Supreme Court may declare acts of Congress or the President unconstitutional Supreme Court Justices are appointed for life Separation of Powers Crash Course