What Powers Were Granted to the Legislative Branch? Citizenship Issues What Powers Were Granted to the Legislative Branch?

Legislative Powers are ENUMERATED Enumerated – specifically listed – powers. The Framers thought it was important to list the powers of each branch of government so that there would not be confusion about what they could and could not do.

Congressional Power listed in Article 1, Section 8 To lay and collect taxes To pay the debts and provide for the common defense and general welfare of the United States

Congressional Power listed in Article 1, Section 8 To regulate commerce with foreign nations and among the states. To declare war To raise an army and navy To coin money

The Framers intended a government of separated powers. Each branch of the government is given powers that enable it to check the use of power by the others.

Example of Checks on Powers Congress has the right to IMPEACH the president, other executive branch officials, or members of the federal judges and remove them from power

Impeachment Applies to executive branch, the president, and federal judges. House of Representatives votes to bring charges. The Senate holds a trial to determine guilt or innocence. 2/3 majority vote to convict and remove from office. Only 2 times in US History has a president had such a trial.

The Executive and Judiciary have checks on Congress as well! The “necessary and proper clause” Gives Congress the power to make all other laws that are necessary and proper for carrying out the enumerated powers.

What power did the national government have over state governments and the people?

National v. State Rights National government not dependent on the states for income or law enforcement. State governments have many important powers over people’s daily lives. Powers over Education Family law Property regulation Most aspects of daily life

Some powers of the national government? SUPREMACY CLAUSE: the Constitution and ALL laws and treaties approved by Congress in exercising its enumerated powers are the supreme law of the land.

Powers of the national government Article 1, Section 8 gives Congress power to organize the militia of the states and calling the militia into national service when needed.

Powers of the national government Congress has the power to create new states Guarantees that each state follows a REPUBLICAN form of government Representative government – NOT the party

Powers of the national government National government has the duty to protect states from invasion or domestic violence.

LIMITS on the powers of the national government Suspending the privilege of the writ of Habeas Corpus – EXCEPT IN EMERGENCIES!

What is Habeas Corpus? HABEAS CORPUS – Latin for show me the body. Meaning? If the government is going to put you in jail – they have to show you the proof that they have that you did a crime.

Limits on the powers of national government Passing any EX POST FACTO laws Laws that make an act a crime even though it was legal at the time it was committed.

Limits on the powers of national government Passing any BILLS OF ATTAINDER Laws that declare a person guilty of a crime and decrees a punishment without a trial.

Limits on the powers of national government Taxing anything exported from a state Taking money from the treasury without an appropriation law Granting titles of nobility

Limits on the powers of national government Article III defines the crime of TREASON and prohibits Congress from punishing the descendants of a person convicted of treason.

Limits on the powers of national government Article VI prohibits the national government from requiring public officials to hold any particular religious beliefs.

Limits on the powers of state governments States cannot Create their own money Passing laws that enable people to violate contracts and get out of paying for their debts.

Limits on the powers of state governments States cannot make ex post facto laws or bills of attainder Entering into treaties with foreign nations or declaring war Granting titles of nobility

Limits on the powers of state governments States cannot unfairly discriminate against citizens of another state Does this apply in football situations??? Refusing to return fugitives from justice to the states from which they fled

What issues separated states? The Great Compromise settled disagreement between large and small states over how they would be represented in Congress. BUT …..

What issues separated states? Slavery was an issue between Northern and Southern states. States like North Carolina, South Carolina and Georgia would not join a government that did not allow slavery.

What issues separated states? Northern states that had citizens that were in the slave trade did not want to be restricted in the COMMERCE of the slave trade.

Compromise on Slavery Slaves were counted as 3/5 a person when they did census counts to determine How many representatives were in Congress Taxing citizens for their property. Fugitive slave clause returned escaping slaves to their owner.

Powers Granted to the Executive Branch The Presidency

The Framers wanted to LIMIT executive power Needed a president with enough power and independence to fulfill their duties. But they didn’t want a king to develop. 4 year term of office But could run for re-election. No limits on reelection until 1951

Executive Powers under the US Constitution Carrying out and enforcing laws made by Congress. Nominating people for federal office Negotiating treaties with other nations. Conducting wars.

Executive Powers under the US Constitution Pardoning people convicted of crimes. To send and receive ambassadors to and from other countries.

Executive Power: Shared powers with Congress VETO The president can VETO a bill passed by Congress. President can say that the bill cannot become a law.

Congress’ shared power with the President Congress can still make a bill a law after the president vetoes it IF BOTH 2/3 of the House and the Senate approve it. OVERRIDING A VETO.

Executive Power: Shared powers with Congress The President nominates executive branch officials and federal judges. BUT the Senate has the right to approve or disapprove the nomination.

Executive Power: Shared powers with Congress The President has the power to negotiate a treaty with another nation. BUT the treaty must be approved by a 2/3 vote in the Senate.

Executive Power: Shared powers with Congress The President is Commander in Chief. BUT Congress has the power to DECLARE war. Congress also controls the money to wage war. BUT the president has to ask Congress to consider DECLARING a war.

How should a president be selected? ELECTORAL COLLEGE Each state selects members called ELECTORS. Each state has the same number of electors as it had senators and representatives in Congress.

Electoral College Each electoral would vote for TWO PEOPLE, one of whom had to be a resident of another state. The person who received the highest number of votes would become the president. 2nd place became vice president.

Electoral College IF two people tied OR there was no majority – the the House of Representatives would select the president by majority vote. Each state had only 1 vote! ONLY USED IN 1824 Tie in vice president would be broken by a Senate vote.

Electoral College Today Changes in 1828 and 1961. Whoever gets the majority of votes in the state – gets ALL the electoral votes. EXCEPTION! Nebraska and Maine. Electoral votes can split. Never has happened.

Electoral College Today No two votes for electoral representatives. 2nd place does not become vice president.

Executive Powers: Article II, Section 3 A president can “suggest” legislation. The president has “executive departments” to help run the executive branch.

President Bush’s Cabinet

The Cabinet The Cabinet includes the Vice President and the heads of 15 executive departments-the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, and the Attorney General

The Rise of the Judicial Branch The US Supreme Court Judicial Review

The Judicial Branch Founders didn’t argue much about the organization of the courts and the powers that the courts should have. Also all agreed that all criminal trials should be trials by jury.

The Supreme Court Head of the federal judiciary and gave Congress the power to create lower federal courts.

IMPORTANT POINTS Judges should be independent of politics so they can use their best judgment to decide cases and not be influenced by political pressures.

IMPORTANT POINTS The best way to make sure that judges should not be influenced by politics was to have them Nominated by the president. Ratified (approved) by the Senate.

IMPORTANT POINTS Judicial terms of office are “life.” Cannot be removed from office UNLESS impeached or convicted of Treason Bribery Or other crimes and high misdemeanors.

The Supreme Court has the power to handle TWO types of cases Decide conflicts between state governments Decide conflicts that involved the national government.

The Supreme Court has the authority to handle TWO types of cases Cases of ORIGINAL JURISDICTION Cases not first tried in a lower court but go directly to the Supreme Court.

The Supreme Court has the authority to handle TWO types of cases Cases that have been heard first in lower courts and which are appealed to the Supreme Court. These are cases over which the Supreme Court has APPELLATE JURISDICTION.

ONE thing that the Framers didn’t do with the Courts It wasn’t clear if the Supreme Court should be given the power of JUDICIAL REVIEW over the acts of the executive and legislative branches. Could they declare the actions of government illegal???

What is Judicial Review? It is the power of the judicial branch of government to decide if acts of the legislative or executive branches violate the Constitution.

IF the Court says that a branch violates the Constitution … Declares the action NULL AND VOID. Law is not to be obeyed or enforced. NULL AND VOID – it is like the law never existed. Congress passing a flag burning amendment was made null and void.

MARBURY v. MADISON The case that established JUDICIAL REVIEW! HINT, HINT: REMEMBER THIS!!!!

Marbury v. Madison: A history lesson The story of two presidents – once the best of friends and in 1800 the worst political enemies. Thomas Jefferson Defeated Adams for the presidency in 1800 John Adams President 1796-1800

Outgoing President Adams Tried to “pack” the courts with judges that believed in a strong national government. When Thomas Jefferson took over, he did NOT like these judges. He wanted judges that believed in states rights and a weak federal government.

Thomas Jefferson decided … Not to deliver the letters – COMMISSIONS – that told Adams’ people they were now judges. Asked his secretary of state – James Madison to to his “dirty work”

This upset William Marbury! He knew that Adams had written a commission for him. He sued James Madison – saying he had to deliver the commission to him.

You decide Does Marbury have a right to the appointment? If Marbury has a right to the appointment and his right has been violated – do the laws give him a way to set things right?

DECISION Does Marbury have a right to the appointment? YES! The Supreme Court decided. The appointment had been signed by the president at the time (Adams) and sealed by the then secretary of state. Marbury had a right to hold office for the 5 years provided by law.

Decision If Marbury has a right to the appointment and his right has been violated – do the laws give him a way to set things right? YES! Madison broke the law and violated Marbury’s rights.

Bigger result than Marbury getting to be a judge Marbury v. Madison decided that the Supreme Court has the right to review ANY action of either Congress or the President. The Supreme Court has the right to interpret the Constitution.

There are FOUR ways to interpret the Constitution. Literal Meaning Intentions of those that wrote the Constitution Using basic principles and values in the perspective of history. Using contemporary social values in terms of today’s policy needs.

Method 1: Literal Meaning of Interpretation Court should find out what the Framers meant when they wrote the Constitution and follow it to the letter. GOOD: Law becomes certain and predictable. BAD: Some terms are vague like “general welfare” Congress can have an army and navy – but what about an air force???

Method 2: Figuring out what the Framers INTENDED when they wrote the Constitution. Good: Look at what the founders may have meant when they wrote the document. Bad: Not all 39 signers to the Constitution agreed on what it meant. Madison and Hamilton – different views on what “necessary and proper” meant.

Method 3: Using basic principles and values in the perspective of history. Do the principles of natural rights, republican government really ever change? Judges should stick to the principles and not fiddle with the Constitution. GOOD: Keep to the principles. BAD: Times change! Look at slavery in the Constitution. – Should we bring it back?

Method 4: Using contemporary social values in term of today’s policy needs Times change and so do the ways we look at the Constitution. GOOD: The Constitution can evolve – without the influence of politics. BAD: Shouldn’t changing the Constitution be left to Congress and the President Elections?

NOTE: When nominees for the Supreme Court go before the Senate – they will try to find out how the nominee feels about these methods. Makes a BIG difference.

How has judicial review worked? All four methods have been used at different times in 218 years. Judges are also influenced by what has happened before in cases. PRECEDENT Picture of longest serving Supreme Court Justice – William O. Douglas (36 years!)

PRECEDENT If other judges have ruled the same way – you should follow the crowd. Keeps law predictable and dependable Even if sometimes it is a BAD law! Dred Scott Decision Plessey v. Ferguson

About Supreme Court Justices … We expect them to be OBJECTIVE when the hear cases. Don’t bring in their personal feelings to the case. Don’t make decisions based on personal morals. Means sometimes a law is considered constitutional even if the justices think it is unfair.