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CITIZENSHIP & THE CONSTITUTION
Chapter 6
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Section 1: Understanding the Constitution
Main Idea: The framers of the Constitution devised the federal system They wanted to create a govt. powerful enough to protect the rights of citizens and defend the country against enemies.
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THE FEDERAL SYSTEM Federal System (federalism);
a system that divided powers between the states and the federal govt.
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DELEGATED RIGHTS Constitution assigns certain powers to the national govt. – Coin money Regulate trade
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RESERVED POWERS Reserved powers (powers kept by the states
Creating local govts. Holding elections
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CONCURRENT POWERS Shared by the federal and state govts. Taxing
Borrowing money Enforcing laws
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ELASTIC CLAUSE Provides flexibility for Congress to deal with new or unexpected issues. “make all laws which shall be necessary and proper.”
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LEGISLATURE Also called CONGRESS Distinct responsibilities and powers
Article 1 divided Congress into the House of Representatives and Senate Legislature MAKES THE LAWS
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HOUSE OF REPRESENTATIVES
435 members U.S. Census determines how many members represent each state. Must be: 25 years old Live in the state they were elected Must have been U.S. citizen for 7 years. Serve 2 year terms Apportionment keeps the total members at 435..if one state gains a member then one state loses one.
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SENATE 2 Senators from each state.
They represent the whole state not only a district. At least 30 years old U.S. Citizen for 9 years. Live in the state they represent. Serve 6 year terms, but unlimited terms may be served.
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Senate con’t Leader of the House of Representatives or Speaker of the House is elected by House members from the majority party.
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Senate con’t U.S. Vice President serves as president of the Senate.
Takes no part in Senate debates but can vote to break ties. If he is absent it goes to the president pro tempore (pro tem)—usually choose the majority party’s senator who has served the longest.
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EXECUTIVE BRANCH Enforces the laws passed by Congress
President, V. President and cabinet. President—head of Executive Branch Powers listed in Article 2 President is the most powerful elected leader.
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Executive Branch con’t
President/Vice President Native born citizen of U.S. @ least 35 years old. U.S. resident for 14 years. Elected every 4 years Can serve 2 terms Franklin D. Roosevelt served 4 times. 22 Amendment limits president to 2 terms.
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President dies, resigns, or is removed from office, the V. P
President dies, resigns, or is removed from office, the V.P. serves the rest of the term. House of Representatives can impeach the president. President would be tried in the Senate. Impeach—vote to bring charges of serious crimes against. 1868 Andrew Johnson impeached 1998 Bill Clinton
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President & Congress Congress passes laws
Pres. Can ask them to pass or reject bills. Pres. can veto laws Congress has passed. Congress can try to override the veto—it takes 2/3 majority vote.
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Con’t Laws affecting the Constitution, treaties, and statutes—the president issues executive orders—these commands have the power of the law. President may grant pardons to persons convicted of federal crimes or facing criminal charges.
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Con’t President: Commander-in-Chief of the Armed Forces.
Only Congress can declare war.
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JUDICIAL BRANCH Made up of a system of federal courts headed by the U.S. Supreme Court. Constitution created the Supreme Court. Judiciary Act of 1789 created the system of lower district and circuit courts. Article III outlines courts’ duties. Federal law can strike down a state or federal law if the court finds a law unconstitutional. Congress can try to revise the law to make it constitutional.
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District Courts President makes appointments to federal courts—they are given for life. Each state has at least one of the 94 district courts.
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Courts of Appeals If you believe your trial was unfair—you can take the case to the Court of Appeals. 13 Court of Appeals. Panel of judges make the decisions If they agree—stands disagree—maybe retried.
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Supreme Court After a case is decided by court of appeals—losing side may appeal to the Supreme Court Supreme Court can only hear 100 cases a year. If court declines to hear a case the Court of Appeals decision is final. 9 judges Chief Justice of U.S. leads the court. No constitutional requirements to become a justice 1967 Thurgood Marshall was the first African American supreme court judge. Sandra Day O’Connor was the first female justice.
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