Powers and Checks and Balances

Main Roles & Powers of Legislature Pass legislation Declare War Regulate Trade Regulate Money Impeach Federal Officials Override Presidential Vetoes

Special powers & Responsibilities Senate: Approve presidential nominations to the federal courts (including the Supreme Court, by majority vote) Approve presidential appointments to federal positions (by a majority vote) Approve treaties (by 2/3 vote) Serve as jury in impeachment trials Select a Vice-President if the electoral college fails to House of Representatives: Originate all spending ($$) bills Serve as prosecution in impeachment trial Select a President if the electoral college fails to

Main Roles & Powers of the President Chief Executive Enforce the laws passed by Congress Issue executive orders, enforcing the law Act as the head of the federal bureaucracy and all federal agencies Nominate judges (including those to the Supreme Court, requiring Senate confirmation) Appoint government officials (some requiring Senate confirmation, some not)

Main Roles & Powers of the President Chief Diplomat Act a representative of the United States to foreign governments Make treaties with foreign nations (require 2/3 vote in Senate for approval) Extend or rescind diplomatic recognition of foreign nations Chief Legislator Propose a federal budget Recommend proposed laws to Congress Veto legislation Approve legislation passed by Congress

Main Roles & Powers of the President Commander-in-Chief of Armed Forces Supreme commander of all branches of US military Authorize use of US military for up to 60 days (without approval of Congress or declaration of war) Chief of State Serve as ceremonial head of US Government

Special powers & Responsibilities of the President Judicial Grant pardon (forgiving an individual of his/her crime(s)) Grant amnesty (forgiving a group of people of a specific class of crime)

Main Roles & Powers the Judicial Branch Interpret the law Exercise the power of judicial review Chief Justice presides over trials of presidential impeachment

What does Judicial Review Mean? Determine if laws passed by Congress are allowable by the Constitution Determine if treaties negotiated by the President and approved by the Senate are allowable by the Constitution Determine if actions by the President in enforcing the law are allowable by the Constitution Determine if laws passed by states are allowable by the Constitution

Jurisdiction (Supreme Court) The Supreme Court hears cases of appeal from lower federal and state courts The Supreme Court has original jurisdiction (may hear a case first) in cases involving a state vs. state matter or a branch vs. branch matter

The Constitution Balancing Power

Executive Branch Checks on the Legislative Branch President has the power to veto laws passed by the Congress Can proposes laws to Congress Submits the Federal Budget to the House of Representatives Appoints federal officials, who carry out and enforce laws

Executive Branch Checks on the Judicial Branch Nominates judges to the Supreme Court Nominates judges to the federal court system Has the power to pardon individuals committed of crimes Can grant amnesty for, forgiving a class of crime

Legislative Branch Checks on the Executive Branch Congress can overturn a Presidential veto with a 2/3 vote of both houses Senate can reject proposed treaties (2/3 vote to approve) Senate can reject presidential nominations of federal officials or judges Congress can impeach and remove the President (House serves as prosecution, Senate serves as jury)

Legislative Branch Checks on the Judicial Branch Congress can create lower courts Senate can reject nominees to the federal courts/Supreme Court Congress can amend the Constitution to overturn decisions of the Supreme Court Congress can impeach judges and remove from the bench

Judicial Branch Checks on the Executive Branch Supreme Court can use the power of judicial review to rule presidential actions unconstitutional Supreme Court can use the power of judicial review to rule treaties unconstitutional

Judicial Branch Checks on the Legislative Branch Supreme Court can use the power of judicial review to rule laws unconstitutional

Federalism Balancing of power between a Federal Government and State Governments. In our system the Federal Government is superior to the State Governments. A state could not pass a law that directly contradicted a law passed on the federal level.

Objective: To analyze the powers granted to the federal and state governments under the system of federalism. Federal Government State Governments Federalism Video: Federalism in a Nutshell (1:06) Video: Federal Powers v. State Powers

Federalism: Types of Powers The Roots of Federalism (1:44) Federalism: Types of Powers Delegated Powers Powers specifically assigned to the Federal Government. Reserved Powers All powers not specifically given the Federal Government are reserved for the States. Concurrent powers Powers that both the federal and state governments have at the same time

Federalism Powers Delegated to the National Government Concurrent Powers Delegated to National and State Governments Powers Reserved for State Governments declare war establish local governments create and maintain armed forces establish and maintain schools raise taxes establish foreign policy & treaties) provide for the public welfare regulate trade within states criminal justice regulate interstate and foreign trade conduct elections borrow money provide for public safety make copyright and patent laws charter banks build roads establish marriage regulations establish postal offices coin money

Implied Powers These are powers that are NOT specifically delegated in the Constitution, but are understood to be necessary or allowed. The elastic clause or necessary and proper clause. Congress has the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers" (art. I, sec. 8). Examples include: Regulation of Railroads, Shipping, Highways -

Denied Powers These are powers that are specifically NOT allowed to either the federal or state governments. Again, this listing of denied powers was a specific way in which the founding fathers attempted to create a limited government.

States are in charge of weddings Who’s In Charge? Directions: Practice your knowledge of federalism by writing national, state, both or none for each of the following. Scenario Answer States are in charge of weddings 1) 2 people want to get married 2) There are both federal and state banks. Helpful Hint: Have students number 1-12 on the back of their notes in order to complete this review activity.

Who’s In Charge? Directions: Practice your knowledge of federalism by writing national, state, both or none for each of the following. Scenario Answer 3) States are in charge of schools 4) “I have never advocated war except as a means of peace.” - Ulysses S. Grant National – Only the federal, or national government can declare war.

Who’s In Charge? Directions: Practice your knowledge of federalism by writing national, state, both or none for each of the following. Scenario Answer Only the national government is allowed to print money. 5) 6) Taxes are collected by both state governments and the federal government.

State government regulate trade within their own states. Who’s In Charge? Directions: Practice your knowledge of federalism by writing national, state, both or none for each of the following. Scenario Answer 7) The Spoth Farm, located in Clarence, NY, delivers produce throughout Erie County, NY. State government regulate trade within their own states. 8) In a1997 decision, the United States Supreme Court ruled that the part of Ellis Island made of filled land belonged to New Jersey while the original natural part of the island belonged to New York. The national court system has jurisdiction over conflicts between the states.

Who’s In Charge? Directions: Practice your knowledge of federalism by writing national, state, both or none for each of the following. Scenario Answer 9) China is given most favored nation trading status. The national government regulates foreign trade. 10) The national government is charge of the postal service.

State governments are in charge of all elections. 12) Who’s In Charge? Directions: Practice your knowledge of federalism by writing national, state, both or none for each of the following. Scenario Answer Neither the constitution forbids the granting of titles. 11) A poll worker analyzes a ballot in Florida during the 2000 Presidential election. State governments are in charge of all elections. 12)