Presentation on theme: "Legislative Branch Article I, US Constitution Powers, Checks and Balances."— Presentation transcript:
Legislative Branch Article I, US Constitution Powers, Checks and Balances
Powers of Congress I Promote The General Welfare II Provide for the Common defense III Establish Justice IV Unlisted Powers V Limits
Promote the General Welfare Congress can print, tax, and borrow money $$$$ Congress regulates trade Congress approves the nation’s budget…or doesn’t and forces a shutdown.
Provide for the Common Defense Congress can establish and maintain (via the aforementioned budget) an army and navy Early colonists feared a large standing, peacetime military Why? Congress ALONE has the power to declare war- NOT THE PRESIDENT But what can the President do? Korean War, Vietnam War, operation Desert Storm (1991),Afghanistan 2001, Operation Iraqi Freedom (2003) 1973 War Powers Act (http://www.law.cornell.edu) President must report to Congress within 48 hours, if not troops must be removed within 60 days. 2001-Authorization for Use of Military Forces against Terrorism (http://www.law.cornell.edu )http://www.law.cornell.edu Not expressed powers, but some think they were implied by the Founders
Establish Justice Congress can create courts Congress can impeach elected and appointed officials President Andrew Johnson (17 th President 1865-1869) President Bill Clinton (42 nd President 1993- 2001)
Unlisted Powers Necessary and proper clause/Elastic Clause Congress may make ANY laws that help them to carry out their duties
Limits on Congressional Power Congress can be checked by other branches Congress cannot deny the writ of habeas corpus This is the right to demand the government bring charges against you when you are arrested. Otherwise, they have to let you go. Congress cannot pass bills of attainder This means declaring someone guilty without a trial Congress cannot pass ex post facto laws. These are laws that make earlier legal actions illegal and then punish you for doing those things which were previously legal.
Checks on the Executive Impeachment power (House) Trial of impeachments (Senate) Selection of the President (House) and Vice President (Senate) in the case of no majority of electoral votes May override Presidential vetoes Senate approves departmental appointments
Checks on the Executive Senate approves treaties and ambassadors Approval of replacement Vice President Power to declare war Power to enact taxes and allocate funds President must, from time-to-time, deliver a State of the Union address
Checks on the Judiciary Senate approves federal judges Impeachment power (House) Trial of impeachments (Senate) Power to initiate constitutional amendments Power to set courts inferior to the Supreme Court Power to set jurisdiction of courts Power to alter the size of the Supreme Court
Checks on itself??? Bills must be passed by both houses of Congress House must originate revenue bills Neither house may adjourn for more than three days without the consent of the other house All journals are to be published You can use them in your essays and writing assignments. They are often available at the library.
Executive Check on Legislature Vice President is President of the Senate Commander in Chief of the military Recess appointments Emergency calling into session of one or both houses of Congress May force adjournment when both houses cannot agree on adjournment Compensation cannot be diminished
Judicial Checks on Legislature Judicial review Marbury vs Madison Seats are held on good behavior Compensation cannot be diminished