DIVISION AND SEPARATION OF POWERS

Unitary system: central government makes all decisions while lower levels of government implement central government decision. Central government is sovereign. Federal system: central government shares power with regional governments. We were first! Confederate system: regional governments are sovereign.

Federalism in the Constitution a system of government in which power is divided by a constitution, between a central and regional governments.

Federalism in the Constitution The Founding Fathers wanted to limit the powers of governing. They had just fought a war against the most powerful unitary monarchy in the world, so they divided up government power In order to limit it. With expressed powers, the Constitution gives specific powers to the national (central) (federal) government and reserves the rest to the states.

Federalism in the Constitution

Powers of the national government Expressed Powers Article I, Section 8 of the Constitution: Seventeen enumerated powers such as collecting taxes, coining money, declaring war, regulating commerce (more later), etc.

Powers of the national government Implied Powers Article I, Section 8, Clause 18 “necessary and proper clause or “elastic clause” Examples: creating a national bank, a national highway system, an education agency, or civil rights laws.

Powers of the States Reserved Powers Tenth amendment Examples: Police powers, public schools, creation of local governments, voting laws, marriage laws, etc.

Concurrent Powers Powers shared between national and state government Examples: charter banks, grant corporate charters, regulate product quality, regulate conditions of labor, etc.

The Supremacy Clause Article VI The US Constitution, laws made by Congress, and treaties made under the Constitution are the “supreme law of the land”.

Separation of Power in the Constitution Legislative Branch designed to be the most powerful Bicameral Expressed powers “Elastic Clause”

Separation of Power in the Constitution Executive Branch created an entirely NEW office--President Framers wanted an ‘energetic’ executive Moderately independent Competes with Congress for power

Separation of Power in the Constitution Judicial Branch a check on too much democracy Appointed for life Resolves conflicts Judicial review

Checks and Balances Checks and Balances were built into the Constitution to ensure that no one branch of government ever became too powerful. It gives each branch of government some power over the others

Powers of the national government

Checks and Balances Example The Legislative branch votes on and passes a bill. The bill then goes to the Executive branch. The President decides whether to sign the bill to make it a law or veto it. Then the Legislative branch, with enough votes, can override the veto to make the bill into a law. The Judicial Branch (Supreme Court) can then examine the law to determine its constitutionality.

I’m Just a Bill Google it!

Representing the American People The US Congress is a bicameral legislature. Power is divided between two chambers: the House of Representatives and the Senate. There are significant differences between the House and the Senate in terms of functions and representation.

House and Senate: Representation. Because of the “great compromise” the House was meant to represent the people and the Senate to represent the states. As a result, the House and Senate differ in size and Representatives and Senators represent their constituents differently.

The people living in the district from which an official is elected. CONGRESS Constituency: The people living in the district from which an official is elected. The constituency of a Representative is determined by their congressional District. A senator represents the entire state.

CONGRESS The House The Senate 435 members 100 senators 2 year term Number of representatives per state varies by population Tend to have localized, narrow constituencies The Senate 100 senators 6 year term States represented equally (2 each) Have broader, more diverse constituencies

CONGRESS The Committee system Standing committees Select committees. Joint Committees. Conference Committees