New Unit: CONSTITUTIONAL LAW

FEDERALISM The division of powers between States and national Gov’t. Federal: focuses on issues of country as a whole. Also acts as Supreme Law of the Land. States: focuses on issues of that state alone. *States are granted all powers NOT granted to Fed

SEPARATION OF POWERS Have a 3 branch Gov’t This prevents the abuse of power by 1 group or person. (at least it should as long as one party doesn’t take over all branches)

5) CHECKS & BALANCES Each branch of Gov’t has some way to check or control the other 2 branches power. Examples: Pres. can veto bill from congress. Congress can over ride his veto with 2/3 vote.

CHECKS & BALANCES OF CONGRESS POWER 1) Can pass bills. 2) Appropriates $. CHECK ON POWER President can veto bills. Supreme Court can rule a bill unconstitutional.

CHECKS & BALANCES OF THE PRESIDENT POWER Commander in chief of military. Makes treaties Veto bills CHECKS ON POWER Only congress can declare war. Congress must ratify treaties. Congress can override veto by 2/3 vote. Sup. Ct. can declare act unconstitutional.

CHECKS & BALANCES OF THE SUPREME COURT POWER Life long term. Interpret the Constitution. Can declare laws unconstitutional. CHECKS ON POWER Congress can remove a judge. Congress can create an amendment to the Const.

III. THE CONSTITUTION: A LIVING DOCUMENT What do you think is meant by a “living document?”

A) HOW ARE AMENDMENTS ADDED Amendment: a formal written change to the Constitution. This is designed to be difficult & lengthy in order to prevent a lot of ill thought out Amendments.

About Amendments Amendments protect the rights you have since BIRTH. They do NOT grant rights. Amendments also reflect change in our society. examples: End slavery. Voting for Women, African Americans, American Indians. Prohibition and its repeal.

The Constitution today. The framers had the foresight to give the Const. the ability to adapt to change in the future

How did they do this? Elastic Clause: power to make laws that are “necessary & proper” for the countries well being. Elastic Clause stretches out power. examples: Post office. Nat Bank, *some feel health care should be included.

Commerce Clause: Regulates trade with states and other countries. * Example: T.V. goes between states. Electricity. Airlines. Waterways.

IV. OUR GOVERNMENT & THE BALANCE OF POWER Our government is a 3 branch system, each with their own powers and responsibilities. Legislative Executive Judicial

A. LEGISLATIVE BRANCH Also called Congress House of Reps: has 435 members based on population Senate: 100 members (2 per state)

Congress has 4 major powers Introduce Bills: Bills are new laws Appropriate $ for Bill: Example- military budget, highways, disaster relief Appropriate: Setting aside $ for a specific purpose.

Example: Presidents Nixon and Clinton. Committees: due to so many bills, committees become experts who study and make recommendations about a bill. *Joint Committee: These Committees have members in both the House & Senate. Impeach: Power to bring formal charges of wrongdoing against a federal official. Example: Presidents Nixon and Clinton. These JOINT committees are very important because both house and senate need to agree in order to send a bill to the President

How Does a BILL become a Law Watch the video and list the steps that are taken in order for a Bill to become a law.

EXECUTIVE BRANCH (President) POWERS Carry out Nations laws Direct foreign policy Suggests new laws or publicly objects to bills Symbol of our Nation

Who helps the President? Cabinet: Group of close advisors. There are 14 members who are heads of departments. Example: Sec of Defense, Sec of Treasury, Sec of State, Sec of Homeland Security

C. JUDICIAL BRANCH (The Courts) Cases start in a lower court, then can be APPEALED: asking a case to be reviewed by a higher court. Eventually cases may reach the Supreme Court if test Constitution

TERMS POCKET VETO: Bill gets sent to Pres from Congress and Pres doesn’t act on it. If congress adjourns with in 10 days the bill dies.

Due Process of law: (AM5) An accused person is entitled to a fair hearing or trial. Double Jeopardy: (AM5) A person can not be tried twice for the same crime.