2The Legislative Branch The SenateThe House ofRepresentativesCongressPowers found in Article Iof The ConstitutionMakes the laws
3Powers found in Article II The Executive BranchCarries out the lawsPowers found in Article IIof The ConstitutionPresidentVice PresidentThe CabinetThe Bureaucracy
4Powers found in Article III The Judicial BranchInterprets the lawsPowers found in Article IIIof The Constitution
5The Constitution is the highest law of the land Our country is based on concept of rule of law.No one is above the lawThere are two ways judges and others view the Constitution:Strictly or looselyThe 1st Amendment states: Congress shall make no lawrespecting an establishment of religion, or prohibiting the freeexercise thereof; or abridging the freedom of speech, or of thepress; or the right of the people peaceably to assemble, and topetition the government for a redress of grievances.Abridging means to shorten without losing the sense or curtail. Are you a strict constructionist or a loose constructionist?Decide by answering the following question.What does freedom of speech mean to you?
6What would these guys say today? Does the 1st Amendment clause of “freedom of speech” includeThe Internet?Twitter?Texting?s?These things didn’t exist during the time of the Framers.What would these guyssay today?
7Alexander Hamilton believed in a loose construction of the Thomas Jefferson believed ina strict construction of the Constitution; that means, he believed people should follow exactly what was stated and allowed in the document. Anything not given to thefederal government in the Constitution would be givento the states and the people.Alexander Hamilton believed in a loose construction of theConstitution; he thought you could take whatever action you wanted, as long as the document did not specifically say you couldn't do it.In other words a strict constructionist would feel the need tofollow the specific instructions and rules of something, whilea loose constructionist would feel it was acceptable to find aloophole, or do something not directly forbidden
8Strict or Loose Constructionist Roe v. Wade is the historic Supreme Court decision overturninga Texas interpretation of abortion law and making abortion legalin the United States. The Roe v. Wade decision held that a woman, with her doctor, could choose abortion in earlier months of pregnancy without restriction, and with restrictions in later months, based on the right to privacy.The case decision was based on the 9th Amendment. The Court said the 9th Amendment protected a person’s right to privacy. Read the 9thAmendment and see what you think.All state laws limiting women's access to abortions during thefirst trimester of pregnancy were invalidated by Roe v. Wade.State laws limiting such access during the second trimesterwere upheld only when the restrictions were for the purpose ofprotecting the health of the pregnant woman. Roe v. Wadelegalized abortion in the United States, which was not legal atall in many states and was limited by law in others.
9Strict or Loose Constructionist Time Magazine article from June 2008The U.S. Supreme Court's 5-4 decision overturning Washington, D.C.'s handgun ban is the biggest gun rights ruling since the Second Amendment was ratified in The Court had not waded into this divisive issue since 1939, when it declared, "We cannot say that the Second Amendment guarantees the right to keep and bear" arms. But on Thursday the Court broke its silence to do just that, ruling for the first time that the Constitution confers an individual right to gun ownership beyond providing for "a well regulated Militia," as the amendment states. The Constitution does not permit "the absolute prohibition of handguns held and used for self-defense in the home,"Justice Antonin Scalia, the court's arch-conservative, wrotein the majority opinion.You decide!
10Strict or Loose Constructionist In 1808, the government of New York granted a steamboat company a monopoly to operate its boats on the state's waters, which included bodies of water that stretched between states. Aaron Ogden held a license under this monopoly to operate steamboats between New Jersey and New York. Thomas Gibbons, another steamboat operator, competed with Aaron Ogden on this same route but held a federal coasting license issued by an act of Congress. Ogden filed a complaint in New York court to stop Gibbons from operating his boats, claiming that the monopoly granted by New York was legal even though he operated on shared, interstate waters. Gibbons disagreed arguing that the U.S. Constitution gave Congress the sole power over interstate commerce. After losing twice in New York courts, Gibbons appealed the case to the Supreme Court. The Supreme Court determined that the commerce clause of the Constitution grants the federal government the power to determine how interstate commerce is conducted.Huh???
11Which branch of government is mainly responsible for passing laws, approving budgets, and approving appointmentsof officials?Which branch of the national government is the U.S. Congressin?The Supreme Court hears important legal cases, andhas the power of "judicial review." That means the SupremeCourt has the power to declare a law ____________. Which branch of government is mainly responsible executingthe laws, preparing budgets, administering governmentagencies, and appointing officials?
12Which branch of the national government is the president the head of?Which Supreme Court case declared abortion is illegal?Someone who follows the Constitution word for word anddoes not interpret what it is meant say is known asa _______________________________What does “rule of law” mean?What is meant by domestic tranquility?The Preamble includes the phrases “establish justice”and “secure the blessings of liberty. ” The Pledge ofAllegiance contains the words, “with liberty and justice for all.”What do the terms liberty and justice mean to you?
13Powers of Government Federal Powers State Powers delegated – These powers are also called expressed or enumerated powers.They are directly granted to the federal government by the Constitution in Article I,Section 8.reserved – powers that are neither granted to the federal government nor expressly forbidden to the states and are therefore retained by the states or by the people. 10th Amendment.concurrent –powers heldby both thefederal andstategovernments.
14Implied Powers implied (necessary and proper clause, elastic clause) – the powers granted to the federal government in Article I,Section 8, Clause 18, of the Constitution. Congress is giventhe power to make all laws “necessary and proper” to carryout its responsibilities. Aka the elastic clause because it givesCongress powers that can be reasonably inferred from thebrief wording of its expressed powers.What is an example of an necessary and proper law?
15Denied Powers These are the powers expressly denied to the federal government in Article I, Section 9 and in the First throughEighth Amendments; for example, the federal governmentcan not tax goods sold to other countries, nor can it passlaws that significantly restrain our constitutional rights andliberties.
16Denied Powers Suspension of habeas corpus Bills of Attainder Ex post facto laws
17prisoner before the court. Habeas CorpusBills of AttainderEx post facto lawsA court ordercommanding anofficer holding aprisoner bring theprisoner before the court.The officer must show good cause in order to hold the prisonerlonger.Inflicting punishmentwithout a court trial.Remember a personis due a speedy andpublic trial.Punishingsomeone foran act beforethe act wasruled a crimeWhich of the Bill of Rights reflect these denied powers of government?
18Reserved Powers Powers given to the states, among these are: Licensing Marriage and divorce lawsDrinking ageSet up public school systemsWhat are some other powers states have that theFederal government does not?
19Supremacy ClauseSupremacy Clause- Article VI, Section 2 of the Constitution,establishes two principles. The federal government is superiorover all state and local governments. It also establishes theConstitution as the “supreme law of the land,” making itsuperior over all levels of government in the United States.
20Some terms to know and apply Preamble to the Constitutionpurposes of governmentdomestic tranquilitycommon defensegeneral welfarejusticelibertyGovernmental powers:delegatedconcurrentreservedimplied (necessary and proper clause, elastic clause)denied
21Some terms to know and apply Limits on government:checks and balancesseparation of powersfederalismjudicial reviewconsent of the governedpopular sovereigntystates’ rightsdue process