Overview of U.S. Constitutional Govt

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Overview of U.S. Constitutional Govt
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Articles and Amendments

• U.S. Constitution consists of
• 7 Articles Art 1 Legis Branch
• Art 2 Exec Branch
• Art 3 Judicial Branch
• 27 Amendments 1st 10 Bill of Rights

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The Federal System

• System of govt with powers divided between a
  strong national govt and the separate state
  govts that have some powers of their own

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The National Govt
Delegated Powers

• Powers that only the national govt may exercise
  many are listed in Art I Sect 8 others are
  listed throughout the Constitution
• Examples only natl govt may regulate foreign
  and interstate commerce, coin money, raise an
  army and navy, declare war, etc.

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The State Governments
Reserved Powers

• Powers that only the states may exercise
• Constitutional basis for reserved powers is the
  Tenth Amendment
• Examples determine marriage and divorce laws
  public education conducting elections

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Concurrent Powers

• Powers that may be exercised by both levels of
  govt
• Examples the power to tax charter corporations

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Separation of Powers

• Powers of the natl govt are divided among the 3
  branches, each w/ its own area of authority
• Legislative makes laws
• Executive executes or enforces laws
• Judicial interprets applies laws

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Legislative Branch Article I

• Makes laws bills must pass both houses in
  identical form before going to Pres.
• Bicameral legis U.S. Congress House of Reps
  (rep based on pop) Senate (rep equal)
• H of R 435 members 2 yr term
• Senate 100 members 6 yr term (1/3 elected
  every 2 yrs)
• H of R appropriations bills must begin here
  chooses Pres if no electoral majority
  impeachment
• Senate ratifies treaties and approves Pres
  appointments tries impeachment cases

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Executive Branch Art II largest branch
of federal govt

• Executes or enforces the laws
• President, Vice President, Cabinet, federal
  agencies (FBI, IRS, EPA, CIA, etc)
• Pres must be natural born citizen
• 4 yr term chosen by Electoral College
• Originally no term limit 22 amendment
• Pres is commander in chief of armed forces

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Judicial Branch Art III

• Interprets and applies federal laws
• All federal judges have life appts may be
  impeached
• Pres appts Senate approves
• Federal Court system has 3 levels
• District courts 1st level trial courts
• Circuit Courts of Appeal next level
• Supreme Ct highest court in U.S. (9 members)
• (no appeal beyond Sup Ct)

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Checks and Balances

• Each branch of govt has certain powers it may
  use to check or limit the powers of the other
  branches
• Prevents any 1 branch from gaining too much power
• Makes branches cooperate and work together to get
  things done

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Necessary and Proper ClauseAKA Elastic Clause

• Congress authorized to make all laws which shall
  be necessary and proper for carrying into
  execution the foregoing powers
• This allows the powers of Congress to expand
• This is the basis of the implied powers doctrine

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Commerce Clause

• Congress authorized to regulate commerce w/
  foreign nations and among the several states
  (interstate commerce)
• Congressional power expanded thro interpretation
  / definition of commerce

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Supremacy Clause

• The U.S. Constitution, federal laws and treaties
  the Senate has ratified are the supreme, or
  highest law of the land
• They outweigh state laws
• A state judge must overturn any state law that
  conflicts w/ the Constitution or with a federal
  law

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The Amendment Process (Art V)

• It is a lengthy and difficult process so the
  Constitution will be changed only for major
  reasons of national importance and not for
  frivolous reasons
• It is a 2-step process involving Congress and the
  states
• Many more amendments have been proposed than have
  been ratified

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2 Methods of Proposal

• 1. By 2/3 majority in both houses of Congress
• 2. In national convention called at request of
  2/3 of the state legislatures (this method has
  never been used)

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2 Methods of Ratification

• 1. By ¾ of the state legislatures (all except
  one have been ratified this way)
• 2. In special ratification conventions in ¾ of
  the states (21st Amend repeal of prohibition
  ratified this way)

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The Bill Of Rights

• First 10 amendments proposed by the 1st
  Congressadded to the Constitution in 1791
• Protects Americans civil liberties 1st Amend
  freedoms rights of the accused right to
  privacy protections of property protections
  against double jeopardy and cruel and unusual
  punishment etc.

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The First Amendment Freedoms

• freedom of religion, speech, press
• the right of the people to peaceably assemble
• the right to petition the govt for redress of
  grievances