U.S. GOVERNMENT/POLITICS
EXECUTIVE BRANCH ____________’S
THE LAW
LEGISLATIVE BRANCH
__________’S THE LAW
JUDICIAL BRANCH
________’S THE LAW
OUR FEDERAL GOVERNMENT
2
THE SIX PRINCIPLES OF THE
U.S. CONSTITUTION
Define each of the following principles of
3
the U.S. Constitution
LEGISLATIVE BRANCH, ARTICLE I
• “All legislative powers
herein granted shall be
vested in a Congress of
the United States,
which shall consist of a
Senate and House of
Representatives.”
•
List some current issues/events that
pertain to the Legislative Branch
1.
2.
3
4
What are the expressed powers of the Legislative
Branch?
Article 1, Section 8 – U.S. CONSTITUTION
•
•
•
•
•
•
•
•
•
•
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
•
•
•
•
•
•
•
•
11.
12.
13.
14.
15.
16.
17.
18.
5
“THE ELASTIC CLAUSE OF THE
LEGISLATIVE BRANCH”
“Necessary and Proper Clause” (Elastic Clause)
ARTICLE 1, SECTION 8, CLAUSE 18
• Current issues regulated by Congress
because of the Elastic Clause:
1.
2.
3.
4.
Universal Health Care
Education Policy
Federal Drug Laws
Minimum Wage
• What was the purpose of creating a
broad, loosely defined power for the
Legislative Branch?
• Is the Elastic Clause an example of
good or bad government? Explain.
FORMAL AMENDMENT
PROCESS
• Step #1 - PROPOSED
BY EITHER _______
• Step # 2 –_____ VOTE
FROM EACH HOUSE TO
PASS
What is the connection
between the “Elastic
Clause” and the formal
amendment process?
• Step #3 - MAJORITY
VOTE IN ¾ OF _______
(38 / 50)
• Step #4 - AMENDMENT
IS__________
FORMAL AMENDMENTS
•
•
11 – Federal cases in State Courts
12 – Electing the President
• 13 – 15 “CIVIL WAR
AMENDMENTS”
13
• 20 – 22 “FDR
AMENDMENTS”
20
21
22
14
15
• 16 – 19 “PROGRESSIVE
ERA AMENDMENTS”
16
17.
18.
19.
•
23 – 26 CIVIL RIGHTS/VIETNAM
23 D.C. – 3 Electoral Votes
24 Ban on Poll Taxes
25 Pres. Succession
26 18 yr olds right to vote
•
27 – Congressional Pay
THE EXECUTIVE BRANCH
“The executive Power
shall be vested in a
President of the United
States of America”
•
List some current issues/events
that pertain to the Legislative
Branch
1.
2.
3.
9
The Expressed Powers of P.O.T.U.S.
•
•
•
•
•
•
•
•
•
•
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Can you think of any presidential powers NOT
mentioned in Article II, Section 2 of the Constitution? 10
EXECUTIVE POWER
There are 3 types of expanded presidential power
not expressed in the Constitution
1. Executive Order – Using the military to enforce law
within your country OR creating law by enforcing the
law.
– Examples -
2. EXECUTIVE ACTION – President’s power to authorize
military action without declaration of war (War Powers
Act – Vietnam)
– Every military conflict since ______________
3. Executive Agreement – The President’s power to
make diplomacy (treaties) without _______ approval11
Top row (l to r) –Sotomayor(Obama), Breyer (Clinton), Alito (Bush),
Kagan (Obama)
Bottom (l to r) – Thomas (H.W Bush), Scalia (H.W.), Roberts **(Bush),
Kennedy (Reagan), Ginsburg (Clinton)
FORMAL AMENDMENTS
The Bill of Rights
Why are the Bill of Rights ‘additions’ to the Constitution?
• 1.
• 6.
• 2.
• 7.
• 3.
• 8.
• 4.
• 9.
• 5.
• 10.
SUPREMACY CLAUSE
The Supremacy Clause states that the
Constitution is the _______________ law of the
land
- _______ law can NOT violate _______ law
- States can give you ______ rights but not
______ rights, as long as it does not violate the
__________.
- Can a state government give you MORE
rights than your federal government? Can
they give you LESS?
Ex. – School Drug Testing, Equal Rights, Clean Air Act
TYPES OF JUDGMENTS
• “Strict Interpretations”
– “Judicial Restraint” – only judge
based on what the law says
– a previous court’s judgment
holds a heavy influence
– “UMPIRE / REF”
• “Loose Interpretations”
– “Romantic Judges” – judge with
incorporating feelings, public
opinion, and possible
consequence of the law
– Legislating from the Bench – a
loose inter. can make a change in
the law
– “COMMISSIONER”
112TH CONGRESS
RECENTLY PROPOSED AMENDMENTS
1. Repeal of the following amendments:
– Amendment 16 – Federal Income Tax
– Amendment 22 – Presidential Term Limits
2. Addition to Amendment 26 – Right to register to vote
ON Election Day
3. Right to health care of equal and high quality
4. Right to public education of equal and high value
5. Definition of parental rights
6. Allow ‘Naturalized’ citizens to run for President –
“Arnold Amendment”
NON – EXECUTIVE POWERS OF
THE PRESIDENT
Legislative Powers
1.
2.
Judicial Powers
1.
2.
17
What are the expressed powers of the
Executive Branch?
1. “Command in Chief of the Army and Navy…”
2. “…May acquire the opinion, in writing, of the principal officer in each of the
Executive Departments…”
3. “Power to grant reprieves and pardons for offenses against the United
States, except in…”
4. “With consent of the Senate…to make treaties”
5. “Shall nominate… with consent of Senate…”
6. “to fill up all vacancies during recess of the Senate”
7. “time to time give Congress…the State of the Union”
8. “on extraordinary occasions convene both houses”
9. “receive ambassadors”
10. “take care that laws be faithfully executed”
11. “commission officers”
List some powers of the Executive Branch that might be
‘implied’/ informal
18
TICKET OUT…
• DO ONE 5 LINE RESPONSE:
• #1 - Identify one connection b/w the issue and
the formal amendment process. Explain.
• #2 – Identify one connection b/w the issue and
informal amendment process. Explain
• #3 – Use the Constitution to explain how an
issue in the article could be considered
unconstitutional. Have textual evidence!
• #4 – Give two reasons why the issue is an
example of the success or failure of the principle
of FEDERALISM.
TYPES OF JUDGES
Dred Scott v. Sanford
• “In the opinion of the court, the
legislation and histories of
the times, and the language
used in the Declaration of
Independence, show that
neither the class of persons
who had been imported as
slaves nor their
descendants…were then
acknowledged as a part of the
people, nor intended to be
included in the general words
used in that memorable
instrument.”
Roe v. Wade
• The Court held that a woman's
right to an abortion fell within
the right to privacy protected
by the Fourteenth Amendment.
The decision gave a woman
total autonomy over the
pregnancy during the first
trimester and defined different
levels of state interest for the
second and third trimesters. As
a result, the laws of 46 states
were affected by the Court's
ruling.