2. Creation of the Legislative Branch James Madison came up with a plan called the Virginia Plan Proposed a strong national government National government would have power to make and enforce its own laws, and collect taxes

3. Each citizen would be governed by both the national and state governments, which created what we call a federal system Would be three branches in the national government Legislative, executive, and judicial

4. Legislative Branch would be more powerful because it would have the power to select people to serve in the other branches of government Congress would have two houses, a House of Representatives (elected directly by the people of each state), and a Senate which would be elected by the legislatures of each state

5. There was a lot of debate about the Virginia Plan, with the major disagreement being over the issue of representation Large states wanted both houses of Congress to be based on population (Virginia Plan) Small states wanted equal representation for each state, fearing that larger states would dominate them otherwise (New Jersey Plan)

6. Great Compromise House of Representatives would be based on the population of each state There would be two Senators for each state The House of Representatives would be given the power to develop all bills for taxing and government spending

7. What Can Congress Do? Founders created a federal system of government, where power is divided between the state and national government. Called federalism

8. Delegated (also called Enumerated or Expressed) Powers Powers that are actually written down in the Constitution and listed and only given to the federal government For example: declaring war

9. Implied Powers Powers that aren’t written in the Constitution, but the federal government has those powers because of the ability of the Constitution to stretch or adapt to changing times Refer to this as the necessary and proper clause (or elastic clause) For example: creating and managing an air force

10. Inherent Powers Powers that the federal government has simply because it is the federal government For example: only the federal government deals with foreign affairs

11. Reserved Powers Powers that are reserved, or set aside, for the states For example: dealing with education

12. Concurrent Powers Powers that are shared between the states and the federal government, powers that both have For example: taxation

13. So What Can Congress Do? Make laws Borrow money Regulate commerce (trade) Determine requirements for citizenship Make bankruptcy laws Punish counterfeiters Set weights and measures Power to tax Makes laws for Washington, D.C. Copyrights and patents Set up the postal system Acquire lands from states for use by federal government Set up lower courts Punish pirates (& hire them) Declare war Support an army and navy Makes rules about the military Has any other powers necessary and proper (elastic clause)

14. So What Can’t Congress Do? Take away your right to Habeas Corpus (except in cases of emergency) Being informed of charges against you when you are put in jail Pass a Bill of Attainder Law passed by a legislature that convicts a person of a crime and sets a punishment, without a trial by jury Pass Ex Post Facto laws Can’t punish people for something that wasn’t a crime when they did it Pass taxes based on the wealth of a state Tax goods being sent to a foreign country from a state Make laws favoring one state over another Grant titles of nobility Take money from the treasury without passing a law

15. What Can’t States Do Then? Leave the union Make treaties with another country Coin their own money Pass Bills of Attainder Pass laws that allow anything other than gold or silver to be used as currency Tax imports or exports Pass Ex Post Facto laws Pass laws that excuse people from carrying out contracts Grant titles of nobility

16. Executive Branch Founding fathers wanted to make the branch powerful enough to balance the power of the legislature, but not so powerful that it threatened people’s rights

17. The framers agreed that there should be a single executive so there would be no conflict between two or more leaders Some thought it would be easier for Congress to keep an eye on only one executive The term of office was set for four years

18. Originally the Constitution didn’t set a limit on the number of times a President could be reelected The 22 nd amendment, ratified in 1951, sets the limit at two terms in office

19. What Can the President do? Carries out and enforces the laws made by Congress Makes appointments for federal offices Makes treaties with other nations Can pardon people convicted on crimes Can send and receive ambassadors to and from other countries

20. How is the President elected? The framers were concerned that the group with the power to select the President would have a lot of power over that office They were concerned that this power may lead to corruption

21. The founders came up with the Electoral College Organized every 4 years to choose the President Each state would select its electors (members of electoral college) Each state would have the same number of electors as it had representatives and senators in Congress

22. The person who received the most votes would become President, the next largest number would become V.P. This was later changed so people from two different parties would not be elected to serve together If no one received a majority vote, the House of Representatives would select the President and the Senate would select the V.P.

23. Judicial Branch The founders realized that the national government needed a system for deciding cases involving its laws Wanted federal laws to be enforced the same way, from state to state

24. The founding fathers created the Supreme Court as the head of the federal judiciary Congress was given the power to create lower federal courts Judges would be impartial so they can use their best judgment to decide cases and not be influenced by political pressure

25. In order to make sure that judges weren’t influenced by politics They were to be appointed by the President, which would then be approved by the Senate Judges couldn’t be removed from their position except in cases of impeachment, being convicted of treason, bribery or other high crimes and misdemeanors

26. Different Cases the Supreme Court Hears Original Jurisdiction Cases which go directly to the Supreme Court to be heard first Cases like this involve a state government, a dispute between states and cases involving ambassadors

27. Appellate Jurisdiction Cases which have first been heard in lower courts and which are appealed to the Supreme Court The Supreme Court also has the power of judicial review, from the court case Marbury v. Madison (1803) Judicial Review is the power of the courts to declare laws and actions of the local, state, or national governments invalid if the courts decide they are unconstitutional