U.S. GOVERNMENT/POLITICS

LEGISLATIVE BRANCH__________’S THE LAW

JUDICIAL BRANCH ________’S THE LAW

EXECUTIVE BRANCH ____________’S THE LAW

OUR FEDERAL GOVERNMENT

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THE SIX PRINCIPLES OF THE U.S. CONSTITUTION

Define each of the following principles of the U.S. Constitution 3

LEGISLATIVE BRANCH, ARTICLE I

• “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

• List some current issues/events that pertain to the Legislative Branch

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2.

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What are the expressed powers of the Legislative Branch?Article 1, Section 8 – U.S. CONSTITUTION

• 1.• 2.• 3.• 4.• 5.• 6.• 7.• 8.• 9.• 10.

• 11.• 12.• 13.• 14.• 15.• 16.• 17.• 18.

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“THE ELASTIC CLAUSE OF THE LEGISLATIVE BRANCH”

“Necessary and Proper Clause” (Elastic Clause) ARTICLE 1, SECTION 8, CLAUSE 18

• Current issues regulated by Congress because of the Elastic Clause:1. Universal Health Care2. Education Policy3. Federal Drug Laws4. Minimum Wage

• What was the purpose of creating a broad, loosely defined power for the Legislative Branch?• Is the Elastic Clause an example ofgood or bad government? Explain.

FORMAL AMENDMENT PROCESS

• Step #1 - PROPOSED BY EITHER _______

• Step # 2 –_____ VOTE FROM EACH HOUSE TO PASS

What is the connection between the “Elastic Clause” and the formal amendment process?

• Step #3 - MAJORITY VOTE IN ¾ OF _______ (38 / 50)

• Step #4 - AMENDMENT IS__________

FORMAL AMENDMENTS• 11 – Federal cases in State Courts • 12 – Electing the President• 13 – 15 “CIVIL WAR AMENDMENTS”

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15 • 16 – 19 “PROGRESSIVE

ERA AMENDMENTS”16 17.18.19.

• 20 – 22 “FDR AMENDMENTS”

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• 23 – 26 CIVIL RIGHTS/VIETNAM23 D.C. – 3 Electoral Votes24 Ban on Poll Taxes25 Pres. Succession 26 18 yr olds right to vote

• 27 – Congressional Pay

THE EXECUTIVE BRANCH

“The executive Power shall be vested in a

President of the United States of America”

• List some current issues/events that pertain to the Legislative Branch

1.

2.

3.

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The Expressed Powers of P.O.T.U.S.• 1.• 2.• 3.• 4.• 5.• 6.• 7.• 8.• 9.• 10.

Can you think of any presidential powers NOT mentioned in Article II, Section 2 of the Constitution?

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EXECUTIVE POWER

There are 3 types of expanded presidential power not expressed in the Constitution

1. Executive Order – Using the military to enforce law within your country OR creating law by enforcing the law.– Examples -

2. EXECUTIVE ACTION – President’s power to authorize military action without declaration of war (War Powers Act – Vietnam)– Every military conflict since ______________

3. Executive Agreement – The President’s power to make diplomacy (treaties) without _______ approval 11

Top row (l to r) –Sotomayor(Obama), Breyer (Clinton), Alito (Bush), Kagan (Obama)Bottom (l to r) – Thomas (H.W Bush), Scalia (H.W.), Roberts **(Bush), Kennedy (Reagan), Ginsburg (Clinton)

FORMAL AMENDMENTSThe Bill of Rights

Why are the Bill of Rights ‘additions’ to the Constitution?

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SUPREMACY CLAUSE

The Supremacy Clause states that the Constitution is the _______________ law of the land- _______ law can NOT violate _______ law - States can give you ______ rights but not

______ rights, as long as it does not violate the __________.

- Can a state government give you MORE rights than your federal government? Can they give you LESS?

Ex. – School Drug Testing, Equal Rights, Clean Air Act

TYPES OF JUDGMENTS • “Strict Interpretations”

– “Judicial Restraint” – only judge based on what the law says– a previous court’s judgment holds a heavy influence – “UMPIRE / REF”

• “Loose Interpretations”– “Romantic Judges” – judge with incorporating feelings, public

opinion, and possible consequence of the law– Legislating from the Bench – a loose inter. can make a change

in the law– “COMMISSIONER”

112TH CONGRESSRECENTLY PROPOSED AMENDMENTS

1. Repeal of the following amendments:– Amendment 16 – Federal Income Tax– Amendment 22 – Presidential Term Limits

2. Addition to Amendment 26 – Right to register to vote ON Election Day

3. Right to health care of equal and high quality4. Right to public education of equal and high value5. Definition of parental rights6. Allow ‘Naturalized’ citizens to run for President – “Arnold

Amendment”

NON – EXECUTIVE POWERS OF THE PRESIDENTLegislative Powers

1.2.

Judicial Powers1.2.

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What are the expressed powers of the Executive Branch?

1. “Command in Chief of the Army and Navy…”2. “…May acquire the opinion, in writing, of the principal officer in each of the

Executive Departments…”3. “Power to grant reprieves and pardons for offenses against the United

States, except in…”4. “With consent of the Senate…to make treaties”5. “Shall nominate… with consent of Senate…”6. “to fill up all vacancies during recess of the Senate”7. “time to time give Congress…the State of the Union”8. “on extraordinary occasions convene both houses”9. “receive ambassadors”10. “take care that laws be faithfully executed”11. “commission officers”

List some powers of the Executive Branch that might be ‘implied’/ informal

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TICKET OUT…• DO ONE 5 LINE RESPONSE:• #1 - Identify one connection b/w the issue and

the formal amendment process. Explain.• #2 – Identify one connection b/w the issue and

informal amendment process. Explain• #3 – Use the Constitution to explain how an

issue in the article could be considered unconstitutional. Have textual evidence!

• #4 – Give two reasons why the issue is an example of the success or failure of the principle of FEDERALISM.

TYPES OF JUDGESDred Scott v. Sanford

• “In the opinion of the court, the legislation and histories of the times, and the language used in the Declaration of Independence, show that neither the class of persons who had been imported as slaves nor their descendants…were then acknowledged as a part of the people, nor intended to be included in the general words used in that memorable instrument.”

Roe v. Wade• The Court held that a woman's right to an abortion fell within the

right to privacy protected by the Fourteenth Amendment. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters. As a result, the laws of 46 states were affected by the Court's ruling.