Unit 2: Foundations of US Government The Constitution Limited Government in the United States

What is Limited Government? The powers of the US government are defined by the Constitution. Limiting the powers of government in this way was intended to prevent abuse of power.

How is the Power of the US Government Limited? The Powers of the US Government are limited through … The System of Federalism Separation of Powers and Checks and Balances

How Does the System of Federalism Work in the US Government? The Constitution divides the power to govern between the federal (or national) government and the state governments This system allows the states some measure of independence But, unlike under the Articles, the Constitution and federal laws are supreme over the states (according to Article VI, Section 2 of the Constitution)

Delegated Powers – Powers specifically granted to the federal government by the Constitution Examples of federal powers delegated by Article I, Section 8 of the Constitution… Maintain army and navy Declare war Coin money Regulate interstate and foreign trade Levy taxes on the states Examples of federal powers delegated by Amendments to the Constitution … 15th – gave the federal government powers to pass laws to enforce voting rights for African Americans 16th – authorized the collection of an income tax 18th – allowed the federal government to prohibit alcoholic beverages (until the 21st Amendment repealed it)

Examples of implied powers… Implied Powers – Federal powers implied by the elastic clause (Article 1, Section 8, Clause 18 of the Constitution) Examples of implied powers… establish a national bank establish minimum wages

Examples of Reserved Powers … Reserved Powers -- State powers implied by the 10th Amendment (those powers that are neither delegated to the federal government nor denied to the states are reserved to the states) Examples of Reserved Powers … Conduct elections Establish schools Regulate businesses within a state Establish local governments Regulate marriages

Examples of Concurrent Powers … Concurrent Powers -- Powers shared by the federal government and the state governments Examples of Concurrent Powers … Enforce laws Establish courts Borrow money Protect the public safety Build roads Collect taxes

Denied Powers – powers denied to the federal and/or state governments Powers denied to the federal government (According to Article I, Section 9) … Prohibition of the slave trade until 1888 Suspension of the Writ of Habeas Corpus – requires just cause to be shown for holding a prisoner Passing Bills of Attainder – laws that punish a person without a jury trial Passing Ex Post Facto Laws – laws which make an act a crime after the act has been committed Direct taxation of the people Taxation of exports Granting titles of nobility Powers denied to the states (According to Article I, Section 10) … Conducting foreign affairs Carrying on a war Controlling interstate or foreign commerce Passing laws that the federal government is prohibited from passing Levying taxes on imports and exports Maintaining an army or navy

Denied Powers Continued Powers denied by Amendments to the Constitution … 1st – prevents the denial of freedom of speech, the press, and religion; the right to assemble peacefully; and the right to petition the government 2nd – prevents the denial of the right to bear arms 3rd – prohibits the forced housing of soldiers during peacetime 4th – prohibits unreasonable searches and seizures 5th – prohibits the deprivation of life, liberty, or property without due process of law 6th & 7th – prevent the denial of the right to a trial by jury 8th – prohibits excessive bail, fines, and punishments 13th – prohibits slavery 14th – prevents the denial of citizenship and equal protection of the laws on the basis of race 15th – prevents the denial of the right to vote on the basis of race 19th – prevents the denial of the right to vote on the basis of sex 22nd – limits the President to 2 terms in office 24th – prohibits poll taxes 27th – prohibits congressional pay raises that take effect during the current session of Congress

Conflicts between the federal government and the states the states are decided by the courts … First the courts will determine if both the federal and the state laws are constitutional Any law (federal or state) found to be unconstitutional will be eliminated If both laws are found to be constitutional, the courts will rule according to the Supremacy Clause (Article VI of the Constitution) The federal law will be upheld over the state law

How Does Separation of Powers and Checks and Balances Work in the US Government? Separation of Powers – The Constitution divides the powers of the federal government into 3 branches to ensure that no one branch becomes too powerful Legislative Executive Judicial Checks and Balances – The Constitution gives each branch of the federal government ways to check, or control, the other branches to ensure that no one part of the government abuses its power

Separation of Powers

The Legislative Branch The Legislative Branch consists of the Senate and the House of Representatives Each state elects 2 Senators (total = 100) Senators serve a term of 6 years Each state elects Representatives according to the size of its population (total = 435) Representatives serve a term of 2 years

Powers of the Legislative Branch General Purpose = to make the laws Specific Powers of Congress Overrides presidential vetoes Approves presidential appointments Approves treaties Declares war Imposes taxes Regulates money and trade Impeaches officials

The Executive Branch The Executive Branch consists of … The President and the Vice President Both the President and Vice President are elected to 4 year terms and are limited to 2 terms The 14 Executive (Cabinet) Departments The heads of the executive departments are known as the President’s Cabinet and make up his chief advisers Cabinet members are appointed by the President and must be approved by the Senate

Powers of the Executive Branch General Purpose = to enforce laws Specific Powers of the President Vetoes laws Appoints federal judges and cabinet officials Conducts foreign policy Commander-in-Chief of the military Recommends bills to Congress Reports the state of the Union

Judicial Branch The Judicial Branch consists of … The federal courts US District Courts US Courts of Appeals The Supreme Court The Supreme Court consists of 9 justices Justices are appointed to lifetime terms by the President, but must be approved by the Senate

Powers of the Judicial Branch General Purpose = to interpret laws Specific Powers Settles legal disputes between states Settles state and federal disputes Settles disputes between States and foreign countries Hears cases with ambassadors of foreign governments Settles disputes between individuals and the federal government The Supreme Court has the power of Judicial Review – it can declare laws unconstitutional

Checks and Balances