The ConstitutionThe Constitution

FederalismFederalism

The Three Branches of GovernmentThe Three Branches of Government

Key ConceptsKey Concepts

The ConstitutionThe Constitution

7 Articles7 Articles1) Legislative Branch1) Legislative Branch

2) Executive Branch2) Executive Branch

3) Judicial Branch3) Judicial Branch

4) Relations Among States4) Relations Among States

5) Amending the Constitution5) Amending the Constitution

6) Supremacy of the Constitution6) Supremacy of the Constitution

7) Ratification7) Ratification

The 3 BranchesThe 3 Branches

Legislative Branch: Legislative Branch: makes the lawsmakes the laws

Executive Branch: Executive Branch: enforces the lawsenforces the laws

Judicial Branch: Judicial Branch: interprets the lawsinterprets the laws

Legislative BranchLegislative Branch((Congress)Congress)

House of RepresentativesHouse of Representatives

QualificationsQualifications– 25 yrs. old 25 yrs. old

– A citizen for 7 yearsA citizen for 7 years

– State residentState resident

Number & TermsNumber & Terms– 435 representatives435 representatives

– 2 year terms2 year terms

– Unlimited termsUnlimited terms

LeaderLeader– Speaker of the HouseSpeaker of the House

– John Boehner John Boehner retiring 10/31retiring 10/31

SenateSenate

QualificationsQualifications– 30 years old30 years old

– Citizen for 9 yearsCitizen for 9 years

– State residentState resident

Number & TermsNumber & Terms– 100 senators100 senators

– 6 year terms6 year terms

– Unlimited termsUnlimited terms

– 1/3 elected every 2 years1/3 elected every 2 years

LeaderLeader– President of the SenatePresident of the Senate

Vice President BidenVice President Biden

Senators from AZSenators from AZ

Representatives from AZRepresentatives from AZ

Congress can…..Congress can…..

House of Reps and SenateHouse of Reps and Senate– Impose taxesImpose taxes– Declare warDeclare war– Organize the court systemOrganize the court system– Admit new statesAdmit new states

House Only:House Only:– Start tax billsStart tax bills

Senate Only: Senate Only: – Approve federal appointmentsApprove federal appointments– Approve treatiesApprove treaties

ImpeachmentImpeachmentAny government official can be impeachedAny government official can be impeached

House of Representatives House of Representatives – Power to impeachPower to impeach– Vote to put someone on trialVote to put someone on trial

SenateSenate– Act as the jury.Act as the jury.– Vote to remove from office or notVote to remove from office or not– 2/3 of Senate needed to convict2/3 of Senate needed to convict

Chief Justice Chief Justice – Oversees trial for Presidential impeachment only.Oversees trial for Presidential impeachment only.

Only Two Presidents Ever ImpeachedOnly Two Presidents Ever Impeached– Andrew Johnson (1865-1869): violating an act that was passedAndrew Johnson (1865-1869): violating an act that was passed– Bill Clinton (1992-2000): lying under oathBill Clinton (1992-2000): lying under oath– Both were not convicted and remained in officeBoth were not convicted and remained in office

Executive BranchExecutive Branch((President)President)

QualificationsQualifications– 35 yrs. old35 yrs. old

– Natural born citizenNatural born citizen

– 14yrs. U.S. resident14yrs. U.S. resident

Number & TermsNumber & Terms– 1 President1 President

– 4 year term4 year term

– 2 term limit / 10 year max2 term limit / 10 year max

LeaderLeader– President Barack ObamaPresident Barack Obama

Taking OfficeTaking OfficeTo Win the Election….To Win the Election….– 270 of 538 electoral votes 270 of 538 electoral votes

– If no candidate receives 270 electoral votesHouse picks President, Senate picks VPHouse picks President, Senate picks VP

Inauguration DayInauguration Day

– Oath is taken/sworn inOath is taken/sworn in

– January 20January 20thth

– 2013 Inauguration

Succession: next in lineSuccession: next in line– Vice PresidentVice President– Speaker of the HouseSpeaker of the House– President Pro Tempore of the SenatePresident Pro Tempore of the Senate

This is the President of the Senate when VP Biden is absent.This is the President of the Senate when VP Biden is absent.

– Secretary of StateSecretary of StateThen the rest of the CabinetThen the rest of the Cabinet

President can….President can….

Veto BillsVeto Bills

Make AppointmentsMake Appointments

Make TreatiesMake Treaties

PardonPardon

Issue Executive Orders Issue Executive Orders

Commander in Chief of Armed ForcesCommander in Chief of Armed Forces

The CabinetThe CabinetCabinetCabinet

Assistants/Advisors to the PresidentAssistants/Advisors to the President

15 Secretaries of the Departments15 Secretaries of the DepartmentsStateState Health/Human ServicesHealth/Human Services

TreasuryTreasury Housing/Urban DevelopmentHousing/Urban Development

DefenseDefense TransportationTransportation

Attorney GeneralAttorney General EnergyEnergy

InteriorInterior EducationEducation

AgricultureAgriculture Veteran AffairsVeteran Affairs

CommerceCommerce Homeland SecurityHomeland Security

LaborLabor

Secretary of State is highest rankingSecretary of State is highest ranking

Judicial BranchJudicial Branch(Supreme Court)(Supreme Court)

QualificationsQualifications– Must be appointed by the PresidentMust be appointed by the President– Must be confirmed by the SenateMust be confirmed by the Senate

Number & TermsNumber & Terms– 9 Total: 1 Chief Justice and 8 Justices9 Total: 1 Chief Justice and 8 Justices– Life termLife term

LeadersLeaders– Chief Justice Chief Justice

John Roberts John Roberts

Importance of AppointmentImportance of Appointment

Decorate AffiliatedDecorate Affiliated

Elena Kagan - 54Elena Kagan - 54

Sonia Sotomayor - 60Sonia Sotomayor - 60

Stephen Breyer - 76Stephen Breyer - 76

Ruth Bader Ginsburg - 81Ruth Bader Ginsburg - 81

SUPER IMPORTANT: SUPER IMPORTANT: the the next President could next President could possibly replace 4 Justicespossibly replace 4 Justices

Republican AffiliatedRepublican Affiliated

C.J. John Roberts - 60C.J. John Roberts - 60

Sam Alito - 64Sam Alito - 64

Clarence Thomas - 66Clarence Thomas - 66

Anthony Kennedy - 78Anthony Kennedy - 78

Antonin Scalia – 78Antonin Scalia – 78

Possible Make Up:Possible Make Up:

Republican: 7-2 Republican: 7-2

Democrat: 6-3Democrat: 6-3

Judicial PowersJudicial Powers

Judicial ReviewJudicial Review– Power to declare laws unconstitutional– Constitution only allowed review of acts

passed by states, NOT federal governmentEX: gay marriage was being contested at the state level

– Now, it includes acts passed by federal government

EX: Affordable Care Act (Obamacare) was an Executive Act

– Supports the whole idea of the Supremacy Clause, remember that!

Most Famous Judicial ReviewMost Famous Judicial ReviewMarbury v. Madison

Established the idea of Judicial Review of federal government

The StoryThe StoryIn the last week of Adams’ Presidency he appointed In the last week of Adams’ Presidency he appointed several people to office.several people to office.

Not all appointments were delivered prior to Jefferson Not all appointments were delivered prior to Jefferson becoming President.becoming President.

Jefferson’s Secretary of State, James Madison, was Jefferson’s Secretary of State, James Madison, was ordered not to deliver the leftover appointments.ordered not to deliver the leftover appointments.

One not delivered was for William Marbury.One not delivered was for William Marbury.

Supreme Court sided with Marbury.Supreme Court sided with Marbury.

Again, the real importance is the Supreme Court Again, the real importance is the Supreme Court can also review federal laws/acts.can also review federal laws/acts.

Too Much Power????Too Much Power????

Levels of the Court SystemLevels of the Court System

Three Levels:Three Levels:– Supreme Court: Supreme Court:

highest court in the highest court in the U.S.U.S.

– Circuit or Appellate Circuit or Appellate Courts (12 Regional Courts (12 Regional & 1 U.S.) & 1 U.S.)

– District Courts (94)District Courts (94)

Ideas in the ConstitutionIdeas in the Constitution

Popular SovereigntyPopular Sovereignty– Sovereign: having supreme or ultimate powerSovereign: having supreme or ultimate power– It is the idea of voting, the people possess the It is the idea of voting, the people possess the

power to decide (what is popular or liked by power to decide (what is popular or liked by the majority)the majority)

– Preamble: Preamble: We the PeopleWe the People– Amendments 9 and 10 also address the rights Amendments 9 and 10 also address the rights

of the peopleof the people

Limited GovernmentLimited Government– Limits as prescribed by laws or Constitutions.Limits as prescribed by laws or Constitutions.

Many Powers Are ListedMany Powers Are Listed

Powers in the ConstitutionPowers in the Constitution

Enumerated: specifically statedEnumerated: specifically stated– Can do this, Can do this, etc.Can do this, Can do this, etc.

Concurrent: sharedConcurrent: shared– Both federal and state can doBoth federal and state can do

Reserved: set aside for only oneReserved: set aside for only one– Either federal or state can do, but NOT bothEither federal or state can do, but NOT both

We will look more specifically at this in a We will look more specifically at this in a DBQ.DBQ.

Nothing is Ever 100%Nothing is Ever 100%

Elastic ClauseElastic Clause

AKA: Necessary and Proper ClauseAKA: Necessary and Proper Clause

Congress could pass laws needed or Congress could pass laws needed or necessary to fulfill/accomplish its necessary to fulfill/accomplish its enumerated powers.enumerated powers.

Nothing is Ever 100%Nothing is Ever 100%

Amending/Changing the ConstitutionAmending/Changing the Constitution

Proposing AmendmentsProposing Amendments– 2/3 majority vote in House and Senate2/3 majority vote in House and Senate

Ratifying AmendmentsRatifying Amendments– Approval by ¾ of state legislaturesApproval by ¾ of state legislatures

Number of AmendmentsNumber of Amendments– 27 total amendments27 total amendments– Bill of Rights: 1-10Bill of Rights: 1-10

HomeworkHomework

Looking back at this worksheet, list the Looking back at this worksheet, list the ways you see the idea of checks and ways you see the idea of checks and balances in our government.balances in our government.

Important VocabularyImportant Vocabulary

Quorum: over ½ of members must be Quorum: over ½ of members must be present to conduct businesspresent to conduct business

Pocket Veto: a bill dies if President doesn’t Pocket Veto: a bill dies if President doesn’t sign and Congress adjourns before 10 sign and Congress adjourns before 10 days are updays are up

Elastic Clause: Congress can make laws Elastic Clause: Congress can make laws necessary to carry out their 17 powersnecessary to carry out their 17 powers– ““Necessary and proper” and “general welfare”Necessary and proper” and “general welfare”

Important VocabularyImportant Vocabulary

Habeas Corpus: Good cause is needed to Habeas Corpus: Good cause is needed to imprison someone (evidence)imprison someone (evidence)

Bill of Attainder: Laws cannot target Bill of Attainder: Laws cannot target individuals or select groupsindividuals or select groups

Extradition: State Governors must return Extradition: State Governors must return suspects to the state where crime was suspects to the state where crime was committedcommitted

Important VocabularyImportant Vocabulary

Ex Post Facto: people cannot be charged Ex Post Facto: people cannot be charged with crimes that did not exist earlierwith crimes that did not exist earlier

Treason: a violation of allegianceTreason: a violation of allegiance– Include: levying war on the U.S., comforting Include: levying war on the U.S., comforting

U.S. enemiesU.S. enemies– Conviction: 2 witnesses or confession in open Conviction: 2 witnesses or confession in open

courtcourt