Open to the Preamble of the Constitution (p. 95) and for each of the six purposes of the Constitution, give an example of how the government accomplishes that purpose Comparing the US and NC Constitution

Civics Unit 3 Principles of the Constitution (Ch. 3.4) A Constitution is a document that outlines how a nation will be governed

I: Federalism –power is shared between the national government and the state governments a. working together for the benefit of all b. the states must approve all amendments in order to change the Constitution

II: Separation of Powers A. Three branches of Federal Government: Congress, President, and Supreme Court B. Article I- Legislative C. Article II- Executive D. Article III- Judicial E. Checks and balances E. Checks and balances keep the branches in check

III. Checks and Balances A. L>E: impeachment, override veto, reject appointments and treaties B. L>J: impeachment (removing from office for wrongdoing, reject appointments C. E>L: veto (also head of party, “bully pulpit”)

D. E>J: appoint judges, pardon E. J>E: declare actions unconstitutional F. J>L: declare laws unconstitutional

IV. Limited Government A. Government may only do the things that people have given them the power to do B. Constitutionalism- gov’t must follow the law C. Bill of rights- designed to limit federal government D. Article I, Sec 9- powers DENIED to Congress E. Article I, Sec 10- powers DENIED to the States

V. Federalism A. Expressed Powers or “enumerated powers”- powers written out specifically in constitution -gov’t power divided between federal and state

B. Implied Powers- powers not expressly stated 1. “Necessary and Proper” (or “Elastic”) Clause 2. allows Congress to make laws to expand upon enumerated powers- that are necessary and proper for the general welfare of the people. 3. ex: creation of executive agencies, social programs, economy regulation

C. Reserved Powers- powers reserved specifically for the states 1. marriage and divorce, public schools, liquor laws 2. full faith and credit clause- each state must recognize the laws, decisions of other states D. Concurrent Powers- powers both national and state gov’ts have (ex: collect taxes, crime and punishment)

E. Delegated Powers- powers held by Fed gov’t only (naturalization, postal service, copyrights and patents). F. Supremacy Clause (Article VI) 1. Constitution is the Supreme law of the land 2. Laws and treaties passed by Federal gov’t supreme over the states

Civics Unit 3 Powers in the Constitution

I. Legislative Branch (Art. I) A. All Legislative powers: make the laws B. Session- time Congress meets C. Special session- can be called by the President

D. House of Representatives 1. “house of the people”- popularly elected members (number set by law)- Every ten years we have a census =representatives are based on population. 3. term is for 2 years 4. Qualifications- 25 years old, citizen for 7 years, live in state and district 5. Speaker of the House- head of party in power and overseer of house

6. Gerrymandering- drawing district lines for the advantage of a particular party

E. Senate 1. “house of the states” –originally elected by state legislatures members- 2 per state 3. term is 6 years (1/3 elected every 2 years) 4. Qualifications- 30 years old, citizen for 9 years, live in state

5. 17th Amendment- allowed people to vote for Senators 6. V.P. is “president” of Senate- votes in ties- Who? 7. President Pro Tempore- overseer of Senate- Daniel Inouye.

F. Powers of Congress 1. Enumerated (Art I, Sec. 8) a. Tax and budget (power of the purse) b. Regulate interstate and international commerce c. Immigration d. Coin money e. Patents and copyrights f. Inferior courts to Supreme Court g. Declare war h. Raise army and navy i. Regulate federal land and “seat of gov’t”

2. Powers DENIED congress (Art I, Sec 9) a. Commerce compromise (no tax exports, slave trade end after 20 years) b. Suspend writ of Habeas Corpus- have to be present for your trial c. No Ex Post Facto Laws- makes it a crime after it was done d. No Bills of Attainders- punishment without trial

II. Executive Branch (Art. II) A. Chief Executive 1. appoint top level officials (Cabinet) with “the advice and consent of Senate” 2. running of the government (bureaucracy)

B. Chief Diplomat 1. make treaties (formal agreements with other countries) with 2/3 of Senate 2. Recognition- formally acknowledges another country 3. send and receive ambassadors

C. Commander and Chief 1. civilian in charge of military 2. only Congress can “declare war” 3. War Powers Act- designed to limit the president’s power, strengthen Congress a. Notify Congress in 48 hours b. After 60 days must have approval from joint resolution of Congress (30 day extension)

D. Legislative Powers 1. Executive orders- orders with the force of law w/o Congress needed 2. “message power”- recommended 3. State of the Union 4. call special sessions of Congress

Which branch of the Federal Government runs the bureaucracy?

4. Submit a budget for Congressional approval 5. “take care” laws are “faithfully executed” 6. Approve or Veto legislation a. Veto b. Approve c. Do nothing (for 10 days) If Congress is not in session: Pocket Veto- bill dies If Congress is not in session: Pocket Veto- bill dies If Congress is in session: bill passes If Congress is in session: bill passes

E. Judicial powers 1. Nominates federal judges 2. Pardon- relieve all charges 3. commutation- reduce a sentence 4. reprieve- spare from death penalty

III: Justices of the Supreme Court- Judicial Branch 8 Judges plus 1 Chief Justice 8 Judges plus 1 Chief Justice John Roberts-current Chief Justice John Roberts-current Chief Justice Appointed by the President Appointed by the President Approved by the Senate Approved by the Senate Serve for life Serve for life Can be impeached for wrongdoing Can be impeached for wrongdoing

III. Judicial Branch (Art. III) 9 Justices-serve for life A. Jurisdiction- allows a court to hear the case B. Original Jurisdiction- a specific court MUST hear that case 1. State laws in state courts, federal laws in federal courts 2. conflicts between states is Supreme Court

C. Appellate Jurisdiction- only hear appeal of case 1. Appeal- reviewing a lower court’s ruling 2. Long, difficult appeal process 3. Supreme Court chooses the cases they hear otherwise accept previous ruling

Opinions Majority opinion: Usually written by the Chief Justice. This states the view of the majority of the justices and the legal basis for the decisions. Majority opinion: Usually written by the Chief Justice. This states the view of the majority of the justices and the legal basis for the decisions. Dissenting opinion: A justice may also give this opposing view of the case and present the reasons for the opposition. Dissenting opinion: A justice may also give this opposing view of the case and present the reasons for the opposition. Concurring opinion: A justice may issue an opinion that agrees with the majority but for a different reason Concurring opinion: A justice may issue an opinion that agrees with the majority but for a different reason

Hearing and Selecting Cases Writ of Certiorari: this directs a lower court to send its records on a case up to the Supreme Court for review. Writ of Certiorari: this directs a lower court to send its records on a case up to the Supreme Court for review. Stare decisis: “let the decision stand” the previous decision is upheld. Stare decisis: “let the decision stand” the previous decision is upheld.

Rule of Law No one is above the law including those in power. No one is above the law including those in power. IMPEACHMENT: removal of office of a president or judge for wrongdoing. IMPEACHMENT: removal of office of a president or judge for wrongdoing. Power to impeach is with the Congress. Example of Checks and Balances. Power to impeach is with the Congress. Example of Checks and Balances.