Constitution- 9/3/14

Dividing Federal Government

-

Founding Fathers believed that the only way to keep Fed. Government from gaining
too much power was to divide into three parts (branches)
o Executive-enforces laws
o Legislative-makes laws
o Judicial- interpret laws

Checks and Balances

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Built into constitution to ensure that no one branch of government has too much
power
Gives each branch of government some power over the others
Legislative
Executive
*congress pass new laws

*congress can override presidential

vetoes with 2/3 majority vote
*senate must approve all appointments
and treaties
*congress can impeach and remove
president from office
*Impeachment- majority rule to impeach

*President must approve or veto these

bills
*President can make treaties and appoint
supreme court justices

*Removal- 2/3 senate must vote to remove

*Senate has to approve Cabinet
Legislative
*senate must approve supreme court nomin.

Judicial
*Supreme court can declare acts of congress
unconstitutional

*congress can impeach and remove federal

judges
Executive
*The President appoints all supreme justices

Judicial
*supreme court can declare any executive acts
unconstitutional

Separation of Powers
-

The different powers of legislative (*congress appoints the money for executive),
executive, and judicial.
o Legislative has *most power*
Congress

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Goals
o To prevent the majority from gaining absolute rule
Three branches were created
Result>each branch has checks and balances on the authority
of the other two

Federalism: Division of Power

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Political System in which power is divided between national and state governments
Government Powers (The Division)

National

Both

*Delegated Powers

*Concurrent Power

State
*10th Amendment

Expressed
Implied
Inherent

Powers Denied
-

National Power
o Expressed
Spelled out in constitution
Article 1, Sect. 18
18 Clauses giving 27 powers
o Tax- coin money- regulate trade- declare war- grant
powers
o Implied
Not written in constitution, but reasonably suggested
Article 1, Sect. 18, Clause 18
Necessary and Proper
Elastic Clause
o Build dams- highway and roads- determine crimes
o Inherent
Not written in constitution, but belong to national government
Regulate immigration
Grant diplomatic recognition to nations
Protect the nation
o Denied
Expressly denied
Infringe on rights (speech, press, etc.)
Silence in constitution

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Only has delegated powers

Denied in Federal System
Cant tax states

State Powers
-

10th Amendment
o Not granted to Federal, but not denied to state
Legal marriage age
Drinking age
Professional license
Confiscate property
o Power of state to protect and promote public health, the public morals, the
public safety, and the general welfare
Denied
o Constitution denies certain powers to state, because they are NOT a federal
government
Make treaties
Print money
Deny rights to citizens

Concurrent Powers
-

Both states and national have these powers

May be executed separately and simultaneously
o Collect taxes
o Define crimes
o Condemn or take private property for public use

Both state and national have been denied these powers

o Violate rights of citizens

Denied

Supremacy Clause
-

Article VI, Sect. 2

o US. Constitution
o

Acts of Congress

o State Constitutions
o State Statues (Laws)
o City and County Laws

Constitution- 9/3/14

*If there is a conflict between a lower law and a higher one, the higher one wins
*The US Constitution is the Supreme Law of the Land