Journal #23

• Separation of powers – the way that the federal government is divided into 3 separate branches with their own responsibilities and powers

• Veto – to cancel, usually talking about laws being cancelled by a president

• Executive order – a command that has the power of law

• Pardon – freedom from punishment

Quote of the Day

• “None of us got where we are solely by pulling ourselves up by our bootstraps. We got here because somebody - a parent, a teacher, an Ivy League crony or a few nuns - bent down and helped us pick up our boots.”

• Thurgood Marshall

Thurgood Marshall (1908-1993)

• Born in Baltimore, Maryland• Originally named Thoroughgood• Punishment in school was to copy the U.S. Constitution –

made him interested• Wanted to go to law school at the University of Maryland,

goes to Howard instead • Friends with J Edgar Hoover – leader of FBI• Lawyer for NAACP in Brown v. Board of Education• First African American on the Supreme Court

Bonus Questions

• When and where was the Constitutional Convention held?

• Who were 3 important delegates at the Constitutional Convention?

• What were the 2 plans for the new Constitution called?

• How were the 2 plans different?

• What are the 3 branches of government?

• What is the system called that makes sure no one branch becomes too powerful?

Understanding the Constitution

8.1

The Federal System

• The United States is a representative democracy – a government led by officials who are chosen by the people

The Federal System

• The powers granted to the federal government are called delegated powers– Sometimes these powers can be stretched by using the

elastic clause – “necessary and proper”

• The powers kept by the state government are called reserved powers

• Concurrent powers are powers that the federal and state governments share

The Legislative Branch• Is also called Congress and it makes the nation’s laws

• It is made up of the House of Representatives and the Senate

The House of Representatives• The House of Representatives has 435 members

• The U.S. census determines the number of representatives for each state

• House members represent a particular area

• Requirements for House members– 25 years old minimum– U.S. citizen for at least 7 years– Must be a resident of the state where they are elected

• House members serve two-year terms

• One of the bodies that creates our countries laws

The Senate• The Senate is made up of two representatives (Senators)

from each state

• Requirements– Must be 30 years old– U.S. citizen for 9 or more years– Must be a resident of the state they represent

• Senators serve 6 year terms

• There is no limit to the number of times someone can be elected to Congress

The Legislative Branch

• The political party that has the most members in each house of Congress is called the majority party

• The party with fewer members is the minority party

• The leader of the House of Representatives is the Speaker of the House– House members elect the Speaker from the majority party

• The vice president of the U.S. is the president of the Senate – he only votes to break a tie

• Congress does most of its work in committees that specialize in certain types of bills

John Boehner

• Is the current Speaker of the House

• He is a republican from Ohio

The Executive Branch

• Article II of the Constitution specifies the powers of the executive branch

• This branch enforces the laws that Congress passes

• The President is the head of the executive branch and the most powerful elected leader in the country

The President

• Requirements– Native born U.S. citizen– At least 35 years old– U.S. resident for at least 14 years

• Barack Obama, our 44th president, is the first African American president

• The president and vice-president serve for 4 years

• Franklin Delano Roosevelt was elected 4 times, but today presidents are limited to 2 terms (22nd Amendment)

• This is the most powerful elected leader in the country

Impeachment• The House of Representatives can

impeach, or vote to bring charges of “treason, bribery, or other high crimes and misdemeanors” against a president

• The Senate tries all impeachment cases, if the president is found guilty Congress can remove him from office

• Impeached presidents– Andrew Johnson (removed from office

in 1868)– Bill Clinton (stayed in office in 1998)

• Richard Nixon resigned in 1974 to avoid impeachment

Working With Congress

• The system of checks and balances often places the president against Congress

• It is challenging when the president’s party is different from the majority party in Congress

• The president can ask Congress to pass or reject bills – he can also veto laws

Other Presidential Powers• In certain situations the president may issue an executive order that stretches

the laws

• The president can also grant a pardon to people facing criminal charges

• As commander in chief of the armed forces, the president can send in U.S. troops

• The president has 14 executive departments who do most of the executive branch’s work

• The heads of these departments are the president’s advisors also called the cabinet

The Judicial Branch

• Article II of the Constitution

• A system of federal courts, headed by the Supreme Court

• Can strike down laws if they are unconstitutional

• The president appoints judges to federal courts

• Judges are appointed for life

The Judicial Branch• Lower courts are divided based upon which type of cases

they hear

• Each state has at least 1 district court to handle federal cases– 94 total U.S. district courts– 13 courts of appeals

The Supreme Court• After a case has been decided by the

court of appeals, the losing side may appeal the decision to the Supreme Court

• Thousands are appealed to the Supreme Court each year, but only about 100 are heard

• Supreme Court justices carefully choose which cases to hear – usually cases must involve an important constitutional or public interest issue

The Supreme Court• The highest and most powerful court in the United States

• Congress decides how many justices sit on the Court – it has been 9 traditionally

• The chief justice of the United States leads the Supreme Court

• There are no specific requirements to become a Supreme Court justice

• Thurgood Marshall became the first African American Supreme Court justice in 1967

• Sandra Day O’Connor became the first female Supreme Court justice in 1981