Unit 2 : Chapters 3,
6, 7 & 8
The Structure
and Purpose of
the Constitution
Federalism
3 types of powers:
1. Enumerated Powers which
Controls immigration,
maintains army, &
establishes postal system
2.
3.
Reserved Powers that
Regulate trade, schools,
marriage, & divorce.
Concurrent Powers that
Handles Taxes, borrows
money, set-up courts &
prisons
Interpretation of the Constitution
Strict Interpretation
• Remains true to the literal
wording & original intent of
the constitution.
Vs.
Loose Interpretation
• Change over time and adapt
to circumstances that could
not be foreseen.
Problems with Government Long
Ago
• Due to corruption,
other activities and
ideas such as Laissezfaire; the US
government had to
form many regulations
on politicians and other
areas of government.
Purpose of
Government
•Form a more perfect
Union
•Establish Justice
•Insure Domestic
Tranquility
•Provide for the
Common Defense
•Promote General
Welfare
•Secure the Blessings of
Liberty to ourselves
& our Posterity
Constitution Set-Up
• Article I
– Describes the set-up,
powers, & limitations of
the legislative branch
• Article II
– Describes the set-up,
powers, & limitations of
the executive branch
• Article III
– Describes the set-up,
powers, & limitations of
the judicial branch
Constitution Articles IV-VII
• Articles IV
– All states must respect each others laws, court decisions, &
records.
– Creates new states, & protects & defends current states
• Articles V
– Specifies how amendments are created
• Article VI
– Constitution “Supreme Law of Land”
• Article VII
– Constitution will go into effect after 9 states ratify it
Bill of Rights and all 27 Amendments follow
Article I of the U.S. Constitution
• Legislative Branch/ Congress is created by
Article I of the US Constitution.
– Created a Bicameral Congress (2 houses)
• House of Representatives and Senate
– Founding fathers intended Congress to be the
most powerful branch of government.
– Main purpose: make laws & represent the people
House of Representatives
• Qualifications:
– 25 years old, U.S. Citizen for 7 years and
live in the state that you represent
• Terms in Office:
– 2 year terms & NO term limits
• Currently 435 members / States
representation is based on population,
each state entitled to 1
• LA Reps.:
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Steve Scalise
Cedric Richmond
Jeff Landry
John Fleming
Rodney Alexander,
Bill Cassidy
Charles Boustany
Steve Scalise
St.Tammany
Parish/
District #1
Senate
• Members
– 100 members / each state gets 2 senators.
• DC has NO representation.
• Qualifications
– 30 years old
– U.S. citizen for 9 years
– Live in the state that you represent.
• Terms in office
– 6 year terms .
• Every 2 years 1/3 of the Senate goes up
for reelection.
– Elected by whole state (17th Amendment)
– No term limits
• Current Senators
– Mary Landrieu (Democrat)
– David Vitter (Republican)
Powers of Congress
• Express Powers
– Powers that are stated in
Article I.
• Ex. Trade, tax, borrow
money, & declare war
* Implied Powers/
Necessary and Proper
Clause
-Powers not listed in
the constitution
Non-Legislative/Special Powers of
Congress
• HOR
– Selects the president if
the electoral college
cannot.
– impeach the president
• Senate
– Act as a jury in removal
hearings of the
president.
– Approve or reject
presidential appointees.
Limits of Congressional Powers
• Cannot favor 1 state over another in taxation.
• Cannot interfere with state powers.
• Cannot interfere with certain (marriage/ divorce)
laws.
• Cannot pass any laws because of lack of money.
How a Bill Becomes Law
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Step # 1 = bill/ idea is thought of by
anyone
Step #2– Written/ drafted by
Congressmen
Step # 3 – Announcement
Senator’s Formal Speech
HOR
Hopper
Step # 4- given a number
Step # 5 – Standing Committee (2 things
can happen…)
1. Sent to subcommittee for revisions
– A. Decide to Kill, keep it, change it, or
Pigeonhole – killed or set aside until
forgotten about
2. Returned to Standing Committee for
a vote
*** If it survives --------------then it moves
on to Step 6 ***
• Step # 6 – Debate
•
-The HOR Rules of Committee& Committee of
the Whole a debate (Ex. Tues @ 9 am)
•
-Senate,
•
*Power to filibuster, which means
to talk until it dies. (Ex. Read the phone book)
•
* Cloture vote to limit senator to 1 hour of
talk
• Step # 7 – Conference Committee
– -members of both houses meet to discuss the details of a
proposed law
• Step # 8– Full House Vote (House that the bill was
introduced in)
– Ex: Voice Vote, Standing Vote, or Roll-call Vote
•
Step # 9 – Switches to opposite house to be
debated and voted on
• Step # 10 – Goes to the president
(3 things can happen)
– Sign it and make it Law.
– Pocket Veto if not signed in 10 days it
becomes an unsigned law.
– Veto/ Reject the bill.
• If vetoed it will go back to Congress who
can override the veto by 2/3 vote & make
it a law.
Article II of the U.S. Constitution
• Executive Branch/ President is created by Article 2 of
the US Constitution.
• Main purpose: execute/enforce the laws & represent
the people
• Receives help/ advise from the Cabinet, First Lady,
Vice –President and appointed staff
President (Barak Obama)
• Elections
– 4 years,
– limited to 2 terms
(22nd Amendment)
• Requirements
– Native-born citizen
– 35 years old
– Live in USA 14 years
Requirements
• Election Process
– electoral college
Vice- President
Joe Biden
• Elected with the president
• Same qualifications
• Duties: presides over the
Senate & vote in case of a
tie.
• 25th Amendment
– New president choose Vicepresident & is approved by
Congress
– If president unable to execute
duties for a short time VicePresident is known as “acting
president”.
Cabinet Departments
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Departments of Agriculture
Departments of Interior
Departments of Commerce
Departments of Justice
Departments of Defense
Departments of Labor
Departments of Education
Departments of State
• Departments of Energy
• Departments of
Transportation
• Departments of Treasury
• Departments of Health &
Human Services
• Departments of Homeland
Security
• Departments of Veterans
Affairs
• Departments of Housing &
Urban Development
First Lady
Michelle Obama
• Involved in political
arena
– Usually picks-up
president’s weakest
issues & issues that
they have strong
connections with.
• Has own staff that
includes chief of staff
& press spokesperson.
President’s Major Roles: Chief Executive
• Carry out Nations Laws
• In charge of cabinet &
executive branch employees
• Appoints cabinet heads,
supreme court & federal
judges, & other large
government agencies with
Senate approval
• Issues Executive Orders
• Grants pardons, reprieves,
& amnesty.
President’s
Major Roles:
Commander in Chief
– Commander of armed forces
– Only 1 that can order soldiers
into battle
• War Powers Resolution
• Head of State
– Living symbol of Nation
– Aids diplomacy by greeting
foreign leaders
– Carries out ceremonial
functions
• Chief Diplomat
– Direct foreign policy
President’s Major Roles:
• Legislative Leader
– Forms bills
– Proposes legislation
– Make speeches to gain
support
– Lobbies Congressmen
– Appoint staff to work
with congress
President’s
Major Roles:
• Party Leader
– Gives speeches to help
party members who
are running for office
– Helps party raise
money
• Economic Leader
– Plans the federal
government’s budget
Government Agencies
• Executive Agencies
– Responsible for dealing with certain specialized areas
within the government
– Ex: NASA
• Government Corporations
– Charge for services & product, but do not make a profit
– Ex: Postal Service
• Regulatory Boards & Commissions
– Protect Public & enforce/ make industry rules
– Ex: Federal Communications Commission (FCC)
Limitations of the Executive Branch
• He must gain permission
from the Senate/
Congress on
appointments, treaties,
etc.
• if the president has
committed “high crimes
and misdemeanors,” they
can be impeached and
removed from office.
Article III of the U.S. Constitution
• Judicial Branch/ Supreme Court is created by Article
3 of the US Constitution.
• Main purpose: interpret the laws & represent the
constitution
3 Court Levels
• District Court= holds all trials/ cases
• Appeals court= hold hearing to declare if
district court trial was un fair or violated
rights.
– They can keep, change or reverse verdict
• Supreme Court= interprets laws and handles
all cases passed on by the Appeals court.
Supreme Court Justices
• 9 justices
• Appointed by president, approved by Senate.
• Appointments are for life, but can be replaced
through impeachment, death, & retirement
– Do this to prevent political & job status, because
decisions will change society
• Qualifications:
– Share same ideas about politics & justice as
president, usually belong to his political party
– Follow senatorial courtesy
Supreme Court Justices
• Chief:
– John Roberts Jr.
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Elena Kagan
Anthony Kennedy
Antonin Scalia
Sonia Sotomayor
Clarence Thomas
Ruth Ginsburg
Stephen Breyer
Samuel Alito Jr.
Supreme Court
• Job:
– Decide law is allowable
under constitution.
– Preside over trials
involving diplomats &
disputes between states.
– Hear cases that come
from the appeal of lower
courts & regulatory
agencies.
• Decided what cases to
accept
Power of Supreme Court
• All branches must follow rulings.
• Follow process of judicial review was set-up by the case
Marbury v. Madison, that helps makes sure laws are
constitutional.
• 3 principles of Judicial Review
– Constitution Supreme Law of land
– Conflict between laws & constitution , then constitution
wins.
– Judicial branch must hold constitution
• If laws are found unconstitutional, then it has the power to
nullify them.
• Interpret laws
Supreme Court
Limitation
• Depends on Executive branch to enforce laws.
• Congress changes laws & adopt amendments, to get
around supreme court declaring them
unconstitutional.
• President/ Congress appoints & impeaches.
• Congress can enforce exception clause.
• Court can only listen to & make rulings on cases that
come to it.