I. 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

II. 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 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) 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

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

F: Impeachment- when President or Supreme Court Justice has broken the law: 1. Majority in House of Representatives to impeach 2. 2/3 majority in Senate to remove from office. 3. Example of the RULE OF LAW!!!

III. Judicial Branch (Art. III) 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