The Three Branches Chapter 3 Section 2

The Legislative Branch The Founders limited the powers of Congress to expressed powers, powers directly stated in the Constitution.expressed powers Most expressed powers are enumerated powers, itemized by numbers 1 through 18.enumerated powers –Five of the enumerated powers deal with economic matters Ex. taxes, coining money

–Additional enumerated powers give Congress the power to naturalize citizens and establish post offices and courts. Section 2 –The final enumerated power is the elastic clause, which lets Congress stretch its powers to meet situations the Founders could not anticipate.elastic clause The Legislative Branch (cont.) –Seven enumerated powers provide for defense and deal with the military.

Section 2 The Executive Branch The president is the head of the executive branch. Article II grants the presidency broad and vague powers. Sections 2 and 3 of Article II define the specific powers of the presidency: –Ex. commander in chief of the armed forces and the state militias.

Section 2 –With Senate approval, the president appoints heads of the executive departments. –The president can pardon people convicted of federal crimes. –The president makes treaties with foreign nations with the Senate’s consent. The Executive Branch (cont.)

Section 2 –The president commissions all military officers of the United States. –The president ensures that the laws passed by Congress are “faithfully executed.” Unlike early presidents, modern presidents have a vast federal bureaucracy made up of all executive branch employees.federal bureaucracy The Executive Branch (cont.)

Section 2 The Judicial Branch The American judiciary is made up of two different court systems: –the federal court system whose powers derive from the Constitution and federal laws, and –the courts of the 50 states whose powers derive from the various state constitutions and their laws.

Section 2 The Judicial Branch (cont.) Two factors determine federal jurisdiction: –the subject matter of the case, and –who is involved in the case. Marbury v. Madison established the principle of judicial review and elevated the Supreme Court to a status that balanced the legislative and executive branches.

Section 2 Shared Power and Conflict The executive branch provides plans for many of the laws that Congress considers. There are several sources of conflict between the executive and legislative branches, including: –the expanding power of the presidency, –congressional responsibility to monitor how the executive branch enforces the law, and –different goals, constituents, and philosophy of government.

Section 2 Shared Power and Conflict (cont.) Congress can create lower federal courts and limit the Supreme Court’s jurisdiction. Some Supreme Court decisions require action of the president. In rare cases a president has refused to enforce the Court’s decision.