Unit 3Unit 3Chapter 3, Section 2-3Chapter 3, Section 2-3

Three Branches of Government/Three Branches of Government/Amending the ConstitutionAmending the Constitution

Mr. YoungMr. YoungAmerican GovernmentAmerican Government

Essential QuestionEssential Question

What articles set up the 3 What articles set up the 3 branches of government branches of government and what powers did the and what powers did the Founding Fathers give Founding Fathers give each branch according to each branch according to the constitution?the constitution?

Article 1Article 1

HouseHouse of Representatives of Representatives

Was to be the Was to be the voice of the voice of the peoplepeople

SenateSenate Represented Represented

the broad the broad interest of the interest of the statesstates

ArticlesArticles

Article 2Article 2- A president - A president with specified, limited with specified, limited powers was further powers was further guarded by an guarded by an impeachmentimpeachment claus claus

Article 3Article 3--CongressCongress has the authority to has the authority to set up additional set up additional courts as it saw need courts as it saw need because Article 3 only because Article 3 only set up the set up the Supreme Supreme CourtCourt..

Legislative Legislative BranchBranch

Founders expected Founders expected CongressCongress to be the to be the most important of most important of the national branchesthe national branches

Powers found in Powers found in Article 1, Section Article 1, Section 88

ExpressedExpressed- powers - powers directly stated in the directly stated in the ConstitutionConstitution

EnumeratedEnumerated- are - are those express powers those express powers that are numbered that are numbered from 1-18from 1-18

Legislative Branch Legislative Branch Cont.Cont.

Five deal with Five deal with economiceconomic, seven deal , seven deal with with defensedefense

Final enumerated Final enumerated power is the power is the Elastic Elastic ClauseClause, that gives , that gives Congress the right to Congress the right to make all laws make all laws “necessary and “necessary and proper” to carry out proper” to carry out the power needed to the power needed to run countryrun country

Court Case Court Case McCulloch v McCulloch v MarylandMaryland, , supported the idea supported the idea that the elastic that the elastic clause gave clause gave Congress the right Congress the right to make any laws to make any laws necessary to carry necessary to carry out its other powersout its other powers

Executive BranchExecutive Branch The The PresidentPresident is is

head of the head of the Executive branchExecutive branch

Used to carry out Used to carry out the acts or laws of the acts or laws of CongressCongress , so as to , so as to hold them in checkhold them in check

Grants president Grants president broadbroad but vaguely but vaguely described powers described powers in Article 2, in Article 2, Section Section 2-32-3

Vague Powers of PresidentVague Powers of President The President can fire The President can fire

officialsofficials of the of the executive branch, executive branch, make make agreementsagreements with with foreign foreign nationsnations, or , or take emergency action take emergency action to save the to save the countrycountry..

Presidents did not use Presidents did not use to do much, but now to do much, but now they preside over a they preside over a White house staff and White house staff and a vast a vast federal federal bureaucracybureaucracy, made up , made up of all executive branch of all executive branch employeesemployees

Judicial BranchJudicial Branch

Judicial Branch seems to be the Judicial Branch seems to be the weakestweakest of all braches of all braches

Broken into two different court Broken into two different court systems, systems, federalfederal, whose powers , whose powers derive from Constitution and federal derive from Constitution and federal laws, and laws, and statestate, whose power derives , whose power derives from State constitutions and lawsfrom State constitutions and laws

Judicial Judicial BranchBranch

Federal courts may Federal courts may only try cases that only try cases that involve involve U.S LawsU.S Laws, , treaties treaties with with foreign nations, or foreign nations, or interpreting the interpreting the ConstitutionConstitution, cases , cases involving admiralty involving admiralty or or maritime maritime law, or law, or bankruptcybankruptcy..

Judicial Branch Cont.Judicial Branch Cont.

Court Case Court Case Marbury v Marbury v MadisonMadison, gave Supreme , gave Supreme Court their right to Court their right to declare laws declare laws Constitutional or Constitutional or unconstitutional, known unconstitutional, known as as judicial review.judicial review.

Supreme Court may Supreme Court may only be overturned by only be overturned by changing its mind or by changing its mind or by Constitutional Constitutional AmendmentAmendment..

John Marshall, John Marshall, Chief JusticeChief Justice

The President as LegislatorThe President as Legislator

In practice, the In practice, the executiveexecutive branch branch provides plans provides plans for much of for much of the the legislationlegislation that Congress that Congress considersconsiders

The President vs. CongressThe President vs. Congress Congress is to Congress is to monitormonitor

the way the executive the way the executive branch enforces lawsbranch enforces laws

Federal courts have to Federal courts have to step in when the step in when the executiveexecutive and and legislativelegislative branches quarrel over branches quarrel over the interpretation of the interpretation of legislationlegislation

If the executive branch is If the executive branch is controlled by one party, controlled by one party, and the legislature by and the legislature by another, then another, then cooperationcooperation is unlikely is unlikely

Congress vs. The CourtsCongress vs. The Courts

The Constitution The Constitution gave Congress gave Congress powers to both powers to both createcreate the lower the lower federal courts federal courts and to and to limitlimit the the jurisdiction of jurisdiction of the Supreme the Supreme CourtCourt

Chapter 3, Section 3

Amending the ConstitutionMr. Young

American Government

Amending the ConstitutionAmending the Constitution

Priceless heritage Priceless heritage of Constitution has of Constitution has been its ability to been its ability to adapt adapt to new to new conditions of a conditions of a changingchanging nation nation while preserving while preserving the basis of the basis of AmericanAmerican governmentgovernment

Chief Justice John Marshall

“We must never forget that it is…a Constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.” (1819)

Amendment ProcessAmendment Process

Article Article 55- May deal with - May deal with any topic except that any topic except that no state may lose no state may lose equalequal representation in representation in Senate with state’s Senate with state’s consentconsent

Amendments may be Amendments may be proposed and ratified, proposed and ratified, approved, in approved, in twotwo ways ways

Amendment process Amendment process helps to show the helps to show the federalfederal system at work, system at work, they are proposed at they are proposed at nationalnational level and level and ratified on a ratified on a state-by-state-by-state state basis.basis.

1) Congressional Consent1) Congressional Consent

One method is One method is by a by a 2/32/3 vote vote of each house of each house of of CongressCongress

OnlyOnly way the way the Constitution Constitution has been has been changedchanged

2) National Convention of States

Also can propose by Also can propose by a national a national conventionconvention called by Congress at called by Congress at the request of the request of 2/32/3 of of the statesthe states

A national convention A national convention is scary because such is scary because such a convention is not a convention is not required to required to limitlimit itself itself to a specific to a specific amendmentamendment..

2) State Convention Cont.

PetitionPetition, means to , means to appeal, when states appeal, when states petition Congress petition Congress for Conventionfor Convention

Balanced budgetBalanced budget means when the means when the federal government federal government spending never spending never exceeds its incomeexceeds its income

Ratification ProcessRatification Process

1.1. 3/43/4 of State Legislatures of State Legislatures

2.2. 3/43/4 of State Ratification of State Ratification ConventionConvention

A state may A state may revoke/repealrevoke/repeal its its decision of ratification, decision of ratification, as happened with the as happened with the Equal Rights Equal Rights AmendmentAmendment, that would , that would prohibit discrimination prohibit discrimination on the basis of gender.on the basis of gender.

Ratification Process ContRatification Process Cont

State ratifying State ratifying conventions have only conventions have only been used been used onceonce, in the , in the case of the repealing case of the repealing of the of the 18th 18th amendmentamendment, and the , and the addition of the addition of the 21st.21st.

Congress has set the Congress has set the limit of limit of sevenseven years years that an amendment that an amendment has to be ratified has to be ratified within.within.

Informal ChangesInformal Changes

Does not involve Does not involve changing the changing the writtenwritten wording of the wording of the ConstitutionConstitution

They occur as They occur as governmentgovernment leaders leaders and citizens fill in the and citizens fill in the details of government details of government on a on a day-to-dayday-to-day, year-, year-to-year basis to suit to-year basis to suit the needs to the timethe needs to the time

Changes through Law and PracticeChanges through Law and Practice

Congress has used Congress has used this to pass laws to this to pass laws to help fit a changing help fit a changing nation, such as nation, such as expanding its expanding its taxing taxing authority, authority, given the given the executiveexecutive branch different branch different cabinets, agencies, cabinets, agencies, boards, and boards, and commissionscommissions

Changes Cont.

Also, the House may Also, the House may impeachimpeach, or accuse, , or accuse, federal officials of federal officials of different crimes, while different crimes, while it is up to the it is up to the SenateSenate to to determine a person’s determine a person’s guilt or innocenceguilt or innocence

Three ways a person Three ways a person may be impeached: may be impeached: Treason, Bribery,Treason, Bribery, or or high high CrimesCrimes and and misdemeanorsmisdemeanors

Informal Presidential ChangesInformal Presidential Changes The The 25th25th amendment amendment

clarified presidential clarified presidential successionsuccession

Many presidents use Many presidents use executive agreementexecutive agreement, , which are made directly which are made directly between the president and between the president and the other head of state in the other head of state in another country, where another country, where treatiestreaties are agreements are agreements between nationsbetween nations

Presidents have become Presidents have become more aggressive with more aggressive with requesting requesting legislationlegislation from from CongressCongress

Court DecisionsCourt Decisions Judicial RestraintJudicial Restraint, holds that the Supreme Court should avoid taking the , holds that the Supreme Court should avoid taking the

initiative on social and political questions, leave policy making to others: tend initiative on social and political questions, leave policy making to others: tend to be to be conservativeconservative

Judicial ActivismJudicial Activism, holds that the Supreme Court should play a role in shaping , holds that the Supreme Court should play a role in shaping the national policies, occurred under Chief Justice Earl Warren: tend to be the national policies, occurred under Chief Justice Earl Warren: tend to be liberalliberal

Court Decisions Cont.Court Decisions Cont.

The Supreme Court has been known The Supreme Court has been known to to changechange its mind on some cases, its mind on some cases, such as in 1896 the court ruled that such as in 1896 the court ruled that separateseparate public facilities for public facilities for African African AmericansAmericans were constitutional as were constitutional as long as they were equal. In 1954, long as they were equal. In 1954, the court the court reversedreversed its decision when its decision when it decided to outlaw racial it decided to outlaw racial segregation in public schools.segregation in public schools.