How Does the Constitution Limit The Government’s Power?

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Presentation transcript:

How Does the Constitution Limit The Government’s Power? Objective 2.03

The Executive Branch Every member of Govt, including the Pres. Is bound to the Constitution, THE SUPREME LAW OF THE LAND A President is not above the law – they have to play by the rules If they are suspected of improper or illegal behavior, they can be impeached Impeachment is charging a government official with a crime It can lead to their removal from office

Impeachment Cont. The House of Representatives votes to impeach a President They only need a majority (over 50 percent) to formally impeach the President *remember* - just because a Pres. Is impeached, he isn’t automatically removed from office The Senate acts as the courtroom in an impeachment trial Chief Justice serves as judge at the trial After the Trial, the Senate votes and must have a 2/3 majority to remove someone from office This means 67 senators have to agree!

Legislative Branch Congress does not have certain powers Reserved Powers are those held exclusively by the states Includes education, holding elections, marriage laws… Article I of the Constitution forbids Congress from suspending the writ of habeas corpus This is a court order that requires police to bring a suspect to court “habeas corpus” – show the body! Does this prisoner at Guantanamo have the right to a day in court?

Legislative Limits Congress is banned from passing a bill of attainder These are laws that punish a person without a trial by jury It was used by the British on the American colonists who rebelled against all of those tax laws! Congress cannot pass ex post facto laws These are laws that make an act a crime after it has been committed Ex: Making gambling illegal and arresting last year’s lottery winners

Judicial Powers Judicial Review – The power of the Courts to decide if a law violates the Constitution Marbury Vs. Madison: John Adams (2nd Pres.) Was leaving office He appoints William Marbury as a judge right before he leaves Thomas Jefferson (3rd Pres.) is new to office He doesn’t like Adams, so he doesn’t give Marbury his papers that would make him a judge

Marbury Vs. Madison Marbury sues Jefferson’s Secretary of State, James Madison He wants his papers making him a judge! Marbury asks the Supreme Court (headed by John Marshall) to force Madison to hand over the papers He believes that the Judiciary Act of 1801 gives the court the authority to order this John Marshall rules that the Judiciary Act of 1801 is UNCONSTITUTIONAL This is the first time that a court uses the concept of judicial review!