Enumerated Powers These powers are expressly written in the Constitution for CONGRESS. In Article 1 Section 8 Examples – powers to tax, raise an army, coin money

Implied Powers/Necessary and Proper Clause These powers are not expressly written in the Constitution “Congress shall have Power … To make all Laws which shall be “necessary and proper” for carrying into Execution” its powers. They are IMPLIED b/c they are powers that Congress NEEDS in order to do its job Examples – income tax, creating a National Bank

McCulloch v. Maryland Bank is not an enumerated power Maryland gave a tax of $15,000 on the National Bank. Lawyers basically argued that the National Bank could NOT be taxed because it is trying to carry out its expressed powers (like power to collect taxes)

US Representative Qualifications 3 25 years old 7 years a citizen Resident of state they are running in

Impeachment Impeachment means – a formal accusation of wrongdoing against a public office (i.e The president). The House of Representatives has the SOLE POWER TO IMPEACH

Senator Qualifications 3 30 years old 9 years a citizen Resident of state they are running in

President of the Senate Is the Vice President He can ONLY vote if there is a tie in the Senators vote

Impeachment Trial The Senate resides over the Impeachment trial.

Quorum The Constitution requires a quorum, or majority, of Senators (51 out of 100) in order to conduct business. This is done by a role call. Usually the Senate does NOT have that many Senators in the room but presumes that a quorum is present.

Holding Another Office No, a Senator/Representative cannot hold another federal office while serving Congress. Why? This is to make sure that the Constitutional Principle of SEPARATION OF POWERS is respected.

Bill To Law

Enumerated Powers Address AoC The weaknesses of the Articles of Confederation are numerous. Look at the attached chart on my website.

Ex Post Facto Laws This simply means that NOBODY can be tried for a crime if the law didn’t already exist when the crime was committed. Remember we make new laws every year (in fed, state, and local government)… Example – You are walking down the sidewalk on Monday. You are stepping on the cracks in the sidewalk. Then on Wednesday, North Carolina makes a law that says it’s illegal to step on the cracks on sidewalks. Then the come and arrest you for it. This would be UNFAIR – b/c you weren’t warned ahead of time that this was illegal.

Electoral College Process http://www.huffingtonpost.com/2012/11/06/what-is-the-electoral-college_n_2078970.html The number of electors in each state varies – it is the number of their representatives + senators. North Carolina’s is currently 15 270 electoral votes to win election

Presidential Qualifications Natural born citizen 35 years old 14 years a resident of the US Cannot serve more than twice

Presidential Oath "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Supreme Court Justices Requirements No specifications outlined in the Constitution as with Presidents/Senators/Representatives Doesn’t have to be a U.S. citizen Doesn’t have to be a lawyer Didn’t have to attend Law School

Supreme Court Justice Term Are appointed by the President and confirmed (okayed) by the Senate Serve for LIFE Can be impeached (only 1 ever was) Can resign

Supreme Court Cases Most cases start in lower federal district courts. They then need to be appealed. Then if the Supreme Court wants to… they can hear the case (ONLY if 4 out of the 9 justices agree to hear it) They hear around 80 cases a year.

Treason The only crime spelled out in the Constitution You cannot be convicted of treason unless 1 of 2 things happen 1. You admit it in open court 2. 2 witnesses testify against you on the same overt act

Article 4 Sect. 4 Guarantee Clause Guarantees that Congress will protect the states

Article 5 – Amendment Process Can be offered in ½ ways 1. 2/3rds of Senate (67/100) and 2/3 of the HoR (290/435) call for a change to be made 2. 2/3rds of the states (34/50) call for a change Once amendment is proposed, ¾ of the states (38/50) have to approve it for it to become an amendment

Supremacy Clause The Constitution and the federal laws are the SUPREME LAW OF THE LAND If STATE laws conflict with The Constitution they are immediately thrown out

NC & The Constitution 12th state to ratify Only took 9 to make it law Why did NC wait until November 21, 1789? They wanted a Bill of Rights!