TYPES OF POWERS UNDER THE U.S. CONSTITUTION Powers given to the Federal Government Delegated Powers Federal powers that are specifically stated in the Constitution Expressed Powers Federal Powers used to carry-out Expressed Powers Implied Powers Powers given to the State Government Reserved Powers Powers shared by both the state and federal gov’t Concurrent Powers Powers that are unconstitutional and cannot be used Denied Powers Chapter 3 – The Constitution Introduction Under the Articles of Confederation, the founders learned the value of a strong central government. (Central or Federal Government was too weak) Under King George III, the Founders learned to fear a government with too much power. (Violated individual rights) The Founders created a central government with limited power The Constitution consists of the preambles, seven articles, and a series of amendments (27) 3 Sections of the Constitution Preamble (Intro) Explains why the document was written and what it wants to accomplish Articles (7 Sections) covers how the government is structured I. Legislative Branch II. Judicial Branch III. Executive Branch IV. Relationship between States and National Government V. Ways Constitution can be amended VI. Constitution “Supreme Law of the Land” VII. Ratification Amendments (Changes) 27 Amendments First 10 Amendments called Bill of Rights (Protect individual rights) Principles of the US Constitution Popular sovereignty (Rule by the people) Republicanism (Elected Representatives) The Constitution limits the power of the national government by specifying what it can and cannot do Federalism limits central power by dividing power among national, state, and local governments . Power is divided among the legislative, executive, and judicial branches. (Separation of Powers) A system of checks and balances allows each branch to have some control over the other two. Ex. Executive Veto. Legislative Override by 2/3 vote. Judicial Constitutionality of laws or actions. The Bill of Rights outlines and protects individual rights from government overreach The National Government To become a law, 9 out of 13 states had to ratify the Constitution. In The Federalist Papers, James Madison, Alexander Hamilton, and John Jay argued in support of the Constitution A key argument in TFP was that the separation of powers made it impossible for a tyrant to take over The government was limited by assigning powers to the other branches and providing each other with checks and balances to limit power. Executive Branch The President heads the executive branch, which includes the departments that enforce laws passed by Congress. o (Justice Dept, Dept of Education, Dept of Treasury) The executive branch includes federal agencies, commissions, government corporations, and boards that carry out specific duties o (FBI, NSA, NASA, EPA) The President is a civilian elected by the people to serve as Commanderin-Chief to the military, make treaties, appoint key officials, and grant pardons The power of the military is divided between the different branches to limit military power The Judicial Branch Article III establishes the Federal Court System, consisting of a Supreme Court and the lower courts The Federal Court System hears cases about the Constitution and other Federal issues The Judicial Branch’s power comes from Judicial Review, the courts ability to interpret the Constitution and overturn laws that violate it. This power gives the judicial branch a status equal to the other two branches of government. Legislative Executive Judicial Makes Laws Enforces Laws Interprets Laws Congress (S & HofR) President/Governor Supreme Court & lower courts Elected Officials Leads Depts & Agencies Appointed Officials Elected Officials American Government: Then & Now As the United States has grown, the job of president has become more and more busy President Washington had relatively little to do, while modern presidents have very tight schedules The first members of Congress introduced less than 200 bills, and only worked part-time o Today’s Congress introduces about 10,000 bills every year Early Supreme Court justices heard almost no cases, SC Justices traveled to district courts to hear appeals Relations Among the Branches The division of power among three branches requires that the branches cooperate with each other Executive powers that require cooperation between the president and congress (Shared Powers) serve as limits on presidential power o (Ex: Negotiating and approving treaties) Checks and Balances, political parties, and the different kinds of power held by each branch are sources of conflict Amending the Constitution The amendment process allows the Constitution to be adapted as times change Amendments may be proposed by a two-thirds vote in the House and Senate or by two-thirds of the states asking for a convention A proposed amendment must be ratified by three-fourths of the state legislatures or by three-fourths of the states through ratifying conventions Congress sets a time limit within which ratification must be completed Of more than 11,000 amendments proposed, only 27 have been ratified The Bill of Rights Through the incorporation doctrine, almost all provisions of the national Bill of Rights have been incorporated into the states by court cases The First Amendment guarantees basic freedoms (Speech, Press, Religion) The Second ensures the right to security (Bear Arms) The Third (Quartering troops) The Fourth (Unlawful Searches) o 1-4 = Protection of Home and Privacy The Fifth (Due Process) The Sixth (Speedy trial) Seventh & Eighth (Cruel and Unusual Punishment) o 5-8 = Protect people accused of crimes The Ninth Amendment states that rights not names are kept by the people, and the Tenth says that powers not given to the federal government belong to the states and to the people The Later Amendments Seven of the later amendments modify the stricture of the government or the power of the different branches 11th – States cannot be sued by citizens of another state 12th – Election procedures 17th – Direct election of senators 20th – January 20th = Last day in office 22nd – Term Limits for President 25th – Authority for VP to remove President from office if he becomes unfit to lead 27th – Congressional Pay Raises do not take effect until the next year Two amendments gave the government more power, but one of these was repealed by a later amendment 16th Amendment – Federal Income Tax 18th Amendment – Prohibition (Repealed by the 21st Amendment) Seven amendments extend individual rights, particularly the right to vote. 13th, 14th (Protect the rights of freedmen), 15th, 19th, 23rd, 26th Changes to Our Understanding of the Constitution Federal courts interpret the Constitution, and changes in judges and in social and political conditions can affect their interpretations. Ex: Brown v. Board of Education reversed Plessy v. Ferguson from 60 years earlier Chapter 4 - Federalism Why Federalism The Framers needed to create a strong central government while protecting citizens freedoms and allowing states to retain some powers Federalism – A system of government in which two or more governments exercise power over the same people and same territory o Federal → State → Local o United States → South Carolina → Spartanburg The Constitution was based on federal model for dividing and sharing power among different levels of government Federalism in the Constitution Delegated Powers – (Expressed & Implied) powers the constitution grants the national government Expressed Powers (Enumerated) are stated in the Constitution o Ex: Levy taxes, print money, declare war Implied Powers are not stated but form the basis for carrying out stated powers o Ex: Space exploration, nucular weapons State Powers Reserved Powers: Powers that belong to the states. They are not specifically listed. o Ex: Conduct elections, establish/support schools, regulate commerce Concurrent Powers: Shared by the federal government and the states. o Ex: Tax, Maintain courts & define crimes, eminent domain Denied Powers: The Constitution specifically denies some power to the Government. Ex: Taxation of exports, Jail without a fair trial, Grant titles of nobility. Under the Supremacy Clause (Article 6), State and Local governments may not conflict with the US Constitution. Guarantees to and Obligations of the State The national government must guarantee each state a Republican form of government, protection from invasion or unrest, and aid in emergencies o Ex: Eisenhower sent troops to Little Rock, Arkansas, in 1957 when local officials failed to integrate schools o Congress is responsible for respecting the territorial integrity of each state and for the admission of new states Ex: Enabling Act o States have responsibilities in conducting elections and in amending the Constitution Federal Aid and Mandates Federal aid is granted (sum of money for a specific purpose) to state and local governments that are willing to meet certain conditions. Ex: Improve airport runways, build new roads Mandates require states to meet national standards in some state functions o Ex: Real ID Act, Title IX, Americans With Disabilities Act, Clean Air Act A restraint limits the ability of a state to regulate an area, Ex: 1990 Nutritional Labeling and Education Act A Preemption allows the national government to assume responsibility for a state function Unfunded Mandates – Mandates that must be funded by state governments Conflicts The Federal Court System settles disputes between national and state governments McCulloch v. Maryland established the national governments supremacy in conflicts with state governments Many Supreme Court rulings have addressed the division of power between state and national governments. State Powers States regulate corporations within their borders and promote those businesses (Helps economy and provides jobs) Prohibited from violating federal laws and regulations o Ex: Minimum Wage Protecting life and property is the primary duty of state and local governments. o Criminal Code: State laws Ex: Murder, Rape, Assault, Burglary Education, Health, and Welfare account for the largest portion of state spending o Ex: State Education policies, License teachers and doctors, aid the needy and disabled States try to preserve their natural resources by regulating air and water pollution o Ex: Environmental Impact Report Federalism gives a lot of freedom to each state, so there are important differences among the states Relations Among States States must honor other states laws and court orders, even if their own laws are different o Extradite – Return a fugitive that flees across state lines States must give the same fundamental rights to people from other states that they give their own citizens Residency – Required to vote, serve on juries, or use public institutions supported by state taxes States usually settle disagreements by making interstate compacts o Ex: Port of New York Authority Interstate Compacts must be approved by Congress The US Supreme Court is the only court where one state can sue another. o Ex: Water Rights, pollution, boundary disputes Congressional Leadership House of Representatives (435) Senate (100) Speaker: N. Pelosi President: K. Harris (VP) Pro-Tempore: P. Leahy Majority Leader: S. Hoyer Majority Leader: C. Schumer Majority Whip: J. Clyburn Majority Whip: R. Durban Minority Leader: K. McCarthy Minority Leader: M. McConnell Minority Whip: S. Scalise Minority Whip: J. Thune Chapter 5 – Structure of Congress Congress – Overview The founders gave more power to Congress than any other branch. Madison “Congress is the first branch of government” Congress is a bicameral legislature (HofR & Senate) A congressional term is made up of two sessions, each one year long. Terms begin on January 3. Congress remains in session until members vote to adjourn. President has the authority to call a special session Membership of the House Representatives must be at least 25 years old, US Citizens for 7+ years, and legal residents of the state they represent. Representatives serve two year terms. Serve districts. o Ex: SC has 7 representatives and 7 districts o Elections for House and Senate are held during even numbered years Representation is based on population and is reapportioned after each national census State legislatures redistrict after reapportionment Gerrymandering is fueled by the competitive struggle of the two-party system Chapter 6 – Congressional Powers Congressional Power – Necessary & Proper Alexander Hamilton stated that every governmental power must also include the means to carry out that power The expressed powers of Congress are listed in the Constitution The implied powers of Congress come from Clause 18, often called the “Necessary and Proper Clause”, or elastic clause The broad interpretation of the necessary and proper clause in McCulloch v. Maryland (expanded congressional power) The Constitution denies certain powers to Congress. (Article 1 Section 9) o Ex: Suspend habeas corpus, ex post facto laws, tax exports Constitutional Provisions Perhaps the most important power of Congress is the power to levy taxes and control spending. (The Power of the Purse) Revenue Bill – Proposed laws for making money Appropriations Bill – Laws proposed to authorize spending money Authorizations Bill – Establishes a program and states how much can be spent on the program A common way for the government to borrow money is to sell government bonds Legislative Powers Key powers of Congress include taxing, spending, and regulating interstate commerce (Gibbons v. Ogden) Commerce Clause: make discrimination in public facilities illegal Foreign policy powers of Congress include the power to approve treaties, declare war, and regulate foreign commerce. o Ex: War Powers Act to limit the presidents power to commit troops abroad without congressional approval Congress has the power over naturalization, admittance of new states, and governance of federal property Congress also has the power to grant copyrights and patents, and to establish a post office and federal courts Nonlegislative Powers Congress has the power to remove any federal official (impeachment) The senate must approve presidential appointments to office The Senate must ratify formal treaties with other nations (2/3 Vote) Congress and state legislatures share the power to propose constitutional amendments The Power to Investigate Ability to investigate social and economic misconduct and to oversee performance of government agencies is a critical power of Congress o Ex: Military actions, organized crime, the Environmental Protection Agency – 1980s, Misuse of FBI Agents Investigations (Implied Power) may be conducted by a standing committee or a select committee. Investigations occur for a number of reasons o Ex: Dodd-Frank Bill – Reform banking practices following the 2008 economic meltdown Congressional committees have the power to subpoena witnesses, punish perjury and contempt, and grant immunity o Subpoena – Request for testimony/documents o Perjury – Lying under oath o Contempt – Willful obstruction of justice o Immunity – Free from prosecution o Congress must respect witnesses constitutional rights just as a regular court would. The Power of Oversight Legislative oversight is the ability to review executive branch activities on a regular basis over a longer period of time. It is part of checks and balances Power of the Purse allows Congress to review, and possibly modify work studied by a Congressional Support Agency Congress may require reports from an executive agency or have its work studied by a Congressional Support Agency The legislative veto allows Congress to cancel actions of executive agencies and independent counsel are no longer available to Congress o Declared unconstitutional because it violated the separation of powers o 1999 US Attorney General has the sole power to conduct ethics investigations of top officials. Ex: Investigation into lobbyist Jack Abramoff Types of Bills and Resolutions The two types of bills introduced in Congress are private bills (claims against the government or an individual person’s immigration problem) and public bills (tax cuts, national health insurance, gun control, civil rights, or abortion Congress can also pass resolutions to make policy on unusual or temporary matters Joint Resolution o Ex: Declaration of war, proposed constitutional amendment Simple Resolution o Ex: Adoption or amendment of house rules Concurrent Resolution o Ex: Budget resolution, creation of a joint committee Riders are often attached to bills that are likely to pass Citizens can track bills and resolutions through public and private internet sites. Introducing a Bill A bill may come from many sources, but it must be introduced by a member of Congress After introduction, a bill is assigned to a committee for action. The committee holds hearings to act on the bill Following a markup session, the committee votes whether to report or kill the bill. Floor Action Amendments can be added to most bills during floor debates Voting on a bill requires the presence of a quorum of the members Passage of a bill requires a majority vote of all members present Three ways of voting: Voice, Standing, Roll-Call Only the House used recorded vote, votes are recorded electronically Final Steps in Passing Bills A conference committee is often required to produce identical versions of a bill After both houses have approved an identical bill, it is sent to the president for a signature or veto Congress can override a veto with a two thirds vote in both houses After it becomes law, a bill is registered with the National Archives and Records Service Fewer than 10% of all bills introduced become public laws Making Decisions About Taxes All revenue, or tax, bills must remain in the House of Representatives Tax bills are shaped by the House Ways and Means Committee. Decides tax cuts or increases, deductions, and benefits businesses can claim Tax bills are usually debated under closed rule. Closed rule Benefits supporters of a bill Open Rule: permits debate and amendments. Benefits opponents of a bill Amendments are usually added in the Senate. Special interest groups target the senate to get tax provisions they oppose removed from house bill Spending Money Congress Uses an Authorization Bill to set up a program, which is then funded by an appropriations bill Continuing resolutions keep the government open and operating under previous levels of appropriations The House and Senate have committees dedicated to appropriations bills The practice of putting earmarks on appropriations bills is controversial Uncontrollable expendatures include entitlements (social programs that entitle individuals to certain programs or monetary benefits o Ex: Veterans programs and Social Security The Influence of Voters Lawmakers usually go along with their constituents’ preferences The voting record of a lawmaker is an important factor in reelection. Lawmakers learn the opinions of their constituents through visits, messages, surveys, and polls and key supporters o People who contribute money The Influence of Parties Party identification is a key influence on a lawmakers voting behavior. Both Dems and Reps tend to vote with their respective parties Party members tend to share the same political outlook Lawmakers turn to fellow party members for advice on some issues Other Influences on Congress Every president tries to influence Congress to pass particular bills Presidents can influence lawmakers by supporting or opposing their legislative goals Lawmakers are also influenced by lobbyists, the paid representatives of interest groups Political Action Committees and “super PACs” influence lawmakers through donations Handling Problems Helping constituents with problems is called casework Lawmakers respond to thousands of requests for help in dealing with executive agencies o Ex: Current members of the military and veterans, local businesses, and recent graduates All lawmakers have staff members called caseworkers to handle constituent problems Most caseworkers live and work in the lawmakers congressional district Casework helps get lawmakers reelected, helps them monitor the executive branch, and is a part of their job Another key function of members of Congress is to educate constituents on issues Helping the District or State Public works projects bring jobs and money into a state or district. o Ex: Post Offices, Dams, Military Bases, Highways Pork Barrel Legislation (Fed $ for local projects) and logrolling (2+ lawmakers agreeing to support each other’s bills) provide lawmakers with appropriations for their constituents Lawmakers work to funnel federal grants and contracts into their particular state or district. Ex: Pressure agency officials to give a favorable hearing into their states request for a grant Federal grants and contracts are awarded by executive branch agencies o Ex: DoD spends billions of dollars to carry out hundreds of government projects and programs Chapter 9 – The Presidency ROLES OF THE PRESIDENT Chief of State Ceremonial, represents the US, gives speeches Chief Executive Head of exec. branch, enforces policy, appoints cabinet heads and justices Chief Diplomat Directs foreign policy & negotiates treaties Legislative Leader Veto or approve bills & suggests laws Chief of Economy Plans economic policy, proposes budget Commander-in-Chief Directs and controls the armed forces Political Party Leader Campaigns and fundraises for his party. Rewards political allies Constitutional Powers The Founders created a strong executive branch to carry out legislation of Congress as well as to hold the legislature in check o Ex: Protect liberty, property, and business The Constitution also identifies key presidential powers o Ex: Execute laws, veto legislation, command the military, and engage with foreign leaders Growth of Presidential Power Presidents have used inherent powers to enlarge the scope of their authority o Ex: Acquire territory, trust busting, intervene in labor disputes During war and other emergencies, presidents take strong actions based on inherent powers. o Ex: Lincoln suspending Habeas Corpus, The New Deal, the Bush Patriot Act Executive Privilege is another power claimed by presidents Presidents like to claim that they have a mandate from the people Checks from the legislative and judicial branches balance the power of the executive o Ex: Supreme court can rule executive actions unconstitutional, Congress can override vetoes, approve budget, impeach Head of State The president represents the nation and preforms ceremonial roles of varying importance o Ex: Throwing 1st pitch, lighting the national Christmas tree, hosting Team USA and National Champion Teams The president hosts kings, queens, and heads of foreign governments. (Specifically stated in Article II) In natural disasters or tragedies, the president brings comfort on behalf of the nation o Ex: Visiting the scene and addressing the nation In many countries different people perform the duties of head of state. o Ex: King, Queen or Prime Minister Chief Executive According to the Constitution, the president shall faithfully execute the laws. Presidents appoint the executive branch officials (2,200) the most important being the 15 cabinet department leaders and all federal judges, subject to senate confirmation Presidents issue executive orders, which have the force of law without the approval of Congress o Ex: President Abraham Lincoln issued the Emancipation Proclamation with an executive order; President Harry S. Truman used an executive order in 1948 to racially integrate the armed forces; and President Franklin Delano Roosevelt used one to place Japanese Americans in internment camps during WWII With some restrictions, the president may impound funds approved by Congress o Ex: Nixon impounded billions Presidents have the power to grant reprieves, pardons, and amnesty Commander-in-Chief The Constitution makes the president commander in chief of the armed forces. May use military at home or abroad. o Ex: Presidents have used federal troops to control rioting Congress retains the power to declare war and fund the military. Presidents have sent American forces into action many times without a formal declaration of war o Ex: LBJ deployed forces to Vietnam without an official declaration of war. The War Powers Act prevented presidents from committing troops to combat for more than 60 days without congressional approval. The president, a civilian, is responsible for key military decisions. Since many shadow war (fought in secret by special forces, hired contractors, and drones) activities are classified, the level of accountability is reduced. During times of war, presidents often claim increased power to protect the nation o Ex: Rationing during WWII, The Post 9/11 Patriot Act (Wire Taps and Secret Searches) Chief Diplomat Foreign policy is an area in which Congress and the president share, and often struggle over power As chief diplomat, the president has sole power to negotiate and sign treaties – formal agreements between the governments of two or more countries, ratified by 2/3 of the Senate Congress can pass diplomatic resolutions that are not legally binding but influence president and US relations with other countries Presidents have the advantage of access to information and decisive ability. Ex: CIA, State Department, DoD, NSC The president has the authority to make executive agreements (pacts between the president and the head of a foreign government) with other countries o Ex: Lend Lease Act The president decides whether the United States will recognize governments of other countries o Ex: Since 1961, presidents have refused to recognize the communist government of Cuba Legislative Leader Presidents have significant influence over the types of laws proposed and their crafting. (Article II, Section 3) o Ex: State of the Union Address Influence may come through relationships with Congress and through external events o Ex: USA Patriot Act, Reagans SS Plan, Johnsons “War on Poverty” Presidents may hand out political favors to get congressional support o Federal project that brings money and jobs to a district Public support can give a president leverage in influencing lawmakers o Ex: LBJ War on Poverty & Vietnam War A veto or the threat of a veto is one of the POTUS’s best tools o Ex: Presidents have 10 days to sign or veto, threat of veto, line-item veto Economic Planner The presidential role of chief economic planner has developed over time FDR led Americans to expect presidential involvement over the economy o Ex: The New Deal greatly increased Federal involvement in the economy Congress has passed several laws increasing the economic power of presidents o Ex: Banking Act and Employment Act One economic duty of the president is the preparation of an annual budget (separating the programs to support and the ones to cut completely or cut funding from.) Party Leader The president serves as leader of his or her political party o Ex: Speeches, Fund-Raisers, Selects the National Chair Presidents use political patronage to reward party members who have helped them win election The president’s roles as party leader and leader of the United States can conflict with one another. Qualifications for the Presidency The president must be a natural-born citizen, at least 35y/o, and a US resident for at least 14 years before taking office -Article II Section I Informal requirements include experience in government and moderate political beliefs. Extremely liberal or conservative candidates have little chance of being elected o Ex: Trump was the first president with no earlier government experience Presidents have all been male, Christian, married, and financially successful. 45 out of 46 presidents have been white. Modern presidential candidates must have strong financial support from a large number of people o Ex: Obama raised $722,400,000 The Federal Elections Commission (FEC) regulates campaign finance legislation Leadership Skills The powers and duties of the president have grown steadily over the years Presidents are expected to exhibit strong leadership skills to solve the nations economic and social problems o Ex: Introducing bold new policy (Truman), responding to crises, problems, or opportunities as the occur Successful Presidents… … have a genuine feel for the hopes, fears, and moods of the nation. o Ex: Hoover failed to understand wat the American people wanted, FDR becomes president by a landslide … communicate effectively and inspire/persuade the public. o Ex: FDR’s Fireside Chats, Reagan is “The Great Communicator” … have a keen sense of timing o Ex: Public response to the issue may influence whether the president pursues, delays, or quietly drops a policy initiative …are able to compromise o Ex: Wilson and Treaty of Versailles, League of Nations Political courage to make unpopular decisions o Lincoln & Slavery, Preserving the Union o Nixon & Relations with China o Clinton & Welfare Reorganization Terms, Salaries, and Benefits The precedent of serving two four-year terms was set by George Washington, not the Constitution The 22nd Amendment (2-Term Limit) was passed following FDR’s four consecutive terms during WWII According to the Constitution, presidential compensation is determined by Congress o $400,000/yr. - Salary o $100,000/yr. - Travel o $50,000/yr. – Expenses A number of benefits are attached to the office of the president o Access to Air Force One o Domestic Staff o $199,700/yr. pension o Lifetime protection by the Secret Service The Vice President The first constitutional duty of the VP is to succeed the President if needed The second constitutional duty is presiding over the Senate and voting to break a tie The VP helps determine the capacity of the President to carry out Presidential duties Additional responsibilities of a modern VP depend on the needs of their President Succession The 25th Amendment clarified the succession to the Presidency and Vice Presidency Section II: Whenever there is a vacancy in the Office of the Vice President, the President shall nominate a VP who shall take office upon confirmation by a majority vote of both houses. The Succession Act of 1947 established the Presidential Succession The 25th Amendment cover succession in the event of death or disability of a president Line of Presidential Succession 1. Vice President 2. Speaker of the House 3. Senate P.P.T. 4. Secretary of State 5. Secretary of the Treasury 6. Secretary of Defense 7. Attorney General 8. Secretary of the Interior 9. Secretary of Agriculture 10. Secretary of Commerce 11. Secretary of Labor 12. Secretary of Health 13. Secretary of Housing 14. Secretary of Transportation 15. Secretary of Education 16. Secretary of Veterans Affairs 17. Secretary of Homeland Security