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The Balancing Act of Government

The Balancing Act of Government. What Powers Were Granted to the Legislative Branch, the Executive Branch and the Judicial?. Legislative Powers are ENUMERATED. Enumerated – specifically listed – powers.

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The Balancing Act of Government

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  1. The Balancing Act of Government What Powers Were Granted to the Legislative Branch, the Executive Branch and the Judicial?

  2. Legislative Powers are ENUMERATED • Enumerated – specifically listed – powers. • The Framers thought it was important to list the powers of each branch of government so that there would not be confusion about what they could and could not do.

  3. Congressional Power listed in Article 1, Section 8 • To lay and collect taxes • To pay the debts and provide for the common defense and general welfare of the United States

  4. Congressional Power listed in Article 1, Section 8 • To regulate commerce with foreign nations and among the states. • To declare war • To raise an army and navy • To coin money

  5. The Framers intended a government of separated powers. • Each branch of the government is given powers that enable it to check the use of power by the others.

  6. Example of Checks on Powers • Congress has the right to IMPEACH the president, other executive branch officials, or members of the federal judges and remove them from power

  7. Impeachment • Applies to executive branch, the president, and federal judges. • House of Representatives votes to bring charges. • The Senate holds a trial to determine guilt or innocence. 2/3 majority vote to convict and remove from office. • Only 2 times in US History has a president had such a trial.

  8. The Executive and Judiciary have checks on Congress as well! • The “necessary and proper clause” • Gives Congress the power to make all other laws that are necessary and proper for carrying out the enumerated powers.

  9. What power did the national government have over state governments and the people?

  10. National government not dependent on the states for income or law enforcement. State governments have many important powers over people’s daily lives. Powers over Education Family law Property regulation Most aspects of daily life National v. State Rights

  11. Some powers of the national government? • SUPREMACY CLAUSE: the Constitution and ALL laws and treaties approved by Congress in exercising its enumerated powers are the supreme law of the land.

  12. Powers of the national government • Article 1, Section 8 gives Congress power to organize the militia of the states and calling the militia into national service when needed.

  13. Powers of the national government • Congress has the power to create new states • Guarantees that each state follows a REPUBLICAN form of government • Representative government – NOT the party

  14. Powers of the national government • National government has the duty to protect states from invasion or domestic violence.

  15. LIMITS on the powers of the national government • Suspending the privilege of the writ of Habeas Corpus – EXCEPT IN EMERGENCIES!

  16. What is Habeas Corpus? • HABEAS CORPUS – Latin for show me the body. • Meaning? • If the government is going to put you in jail – they have to show you the proof that they have that you did a crime.

  17. Limits on the powers of national government • Passing any EX POST FACTO laws • Laws that make an act a crime even though it was legal at the time it was committed.

  18. Limits on the powers of national government • Passing any BILLS OF ATTAINDER • Laws that declare a person guilty of a crime and decrees a punishment without a trial.

  19. Limits on the powers of national government • Taxing anything exported from a state • Taking money from the treasury without an appropriation law • Granting titles of nobility

  20. Limits on the powers of national government • Article III defines the crime of TREASON and prohibits Congress from punishing the descendants of a person convicted of treason.

  21. Limits on the powers of national government • Article VI prohibits the national government from requiring public officials to hold any particular religious beliefs.

  22. Limits on the powers of state governments • States cannot • Create their own money • Passing laws that enable people to violate contracts and get out of paying for their debts.

  23. Limits on the powers of state governments • States cannot make ex post facto laws or bills of attainder • Entering into treaties with foreign nations or declaring war • Granting titles of nobility

  24. Limits on the powers of state governments • States cannot unfairly discriminate against citizens of another state • Does this apply in football situations??? Refusing to return fugitives from justice to the states from which they fled

  25. What issues separated states? • The Great Compromise settled disagreement between large and small states over how they would be represented in Congress. • BUT …..

  26. What issues separated states? • Slavery was an issue between Northern and Southern states. • States like North Carolina, South Carolina and Georgia would not join a government that did not allow slavery.

  27. What issues separated states? • Northern states that had citizens that were in the slave trade did not want to be restricted in the COMMERCE of the slave trade.

  28. Compromise on Slavery • Slaves were counted as 3/5 a person when they did census counts to determine • How many representatives were in Congress • Taxing citizens for their property. • Fugitive slave clause returned escaping slaves to their owner.

  29. Powers Granted to the Executive Branch The Presidency

  30. The Framers wanted to LIMIT executive power • Needed a president with enough power and independence to fulfill their duties. • But they didn’t want a king to develop. • 4 year term of office • But could run for re-election. • No limits on reelection until 1951

  31. Executive Powers under the US Constitution • Carrying out and enforcing laws made by Congress. • Nominating people for federal office • Negotiating treaties with other nations. • Conducting wars.

  32. Executive Powers under the US Constitution • Pardoning people convicted of crimes. • To send and receive ambassadors to and from other countries.

  33. Executive Power: Shared powers with Congress VETO The president can VETO a bill passed by Congress. President can say that the bill cannot become a law.

  34. Congress’ shared power with the President • Congress can still make a bill a law after the president vetoes it IF BOTH 2/3 of the House and the Senate approve it. • OVERRIDING A VETO.

  35. Executive Power: Shared powers with Congress • The President nominates executive branch officials and federal judges. • BUT the Senate has the right to approve or disapprove the nomination.

  36. Executive Power: Shared powers with Congress • The President has the power to negotiate a treaty with another nation. • BUT the treaty must be approved by a 2/3 vote in the Senate.

  37. Executive Power: Shared powers with Congress • The President is Commander in Chief. • BUT Congress has the power to DECLARE war. • Congress also controls the money to wage war. • BUT the president has to ask Congress to consider DECLARING a war.

  38. How should a president be selected? • ELECTORAL COLLEGE • Each state selects members called ELECTORS. • Each state has the same number of electors as it had senators and representatives in Congress.

  39. Electoral College • Each electoral would vote for TWO PEOPLE, one of whom had to be a resident of another state. • The person who received the highest number of votes would become the president. • 2nd place became vice president.

  40. Electoral College • IF two people tied OR there was no majority – the the House of Representatives would select the president by majority vote. • Each state had only 1 vote! • ONLY USED IN 1824 • Tie in vice president would be broken by a Senate vote.

  41. Electoral College Today • Changes in 1828 and 1961. • Whoever gets the majority of votes in the state – gets ALL the electoral votes. • EXCEPTION! Nebraska and Maine. • Electoral votes can split. • Never has happened.

  42. Electoral College Today • No two votes for electoral representatives. • 2nd place does not become vice president.

  43. Executive Powers: Article II, Section 3 • A president can “suggest” legislation. • The president has “executive departments” to help run the executive branch.

  44. President Bush’s Cabinet

  45. The Cabinet • The Cabinet includes the Vice President and the heads of 15 executive departments-the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, and the Attorney General

  46. The Rise of the Judicial Branch The US Supreme Court Judicial Review

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