1. Presentation Pro © 2001 by Prentice Hall, Inc. American Constitution Powers of Congress

2. 123 Go To Section: 4 5 Article I, Section 8 Chapter 11, Section 3 2222 4444 1111 5555

3. 123 Go To Section: 4 5 Chapter 11, Section 1 2222 3333 4444 5555 Congressional Power (1) The ________ powers are granted to Congress explicitly in the Constitution. (2) The ________ powers are granted by reasonable deduction from the expressed powers. (3) The ________ powers are granted through the Constitution’s creation of a National Government for the United States. The Constitution grants Congress a number of specific powers in three different ways.

4. 123 Go To Section: 4 5 Strict Versus Liberal Construction Strict Constructionists Strict constructionists, led by ________, argued that Congress should only be able to exercise (1) its expressed powers and (2) those implied powers absolutely necessary to carry out those expressed powers. Chapter 11, Section 1 2222 3333 4444 5555 Liberal Constructionists Liberal constructionists, led by ________, favored a liberal interpretation of the Constitution, a broad interpretation of the powers given to Congress.

5. 123 Go To Section: 4 5 The Power To Tax Chapter 11, Section 2 3333 4444 1111 The Constitution gives Congress the power: “To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States.…” —Article I, Section 8, Clause 1 5555

6. 123 Go To Section: 4 5 Limits on the Taxing Power Chapter 11, Section 2 3333 4444 1111 5555 A ________ is a charge levied by government on persons or property to meet public needs. The Constitution places four limits on Congress’s power to tax:

7. 123 Go To Section: 4 5 Chapter 16, Section 1 2222 3333 The Power To Tax Article I, Section 8, Clause 1 of the Constitution grants Congress the power to tax. The ________ Amendment gives Congress the power to levy an ________ tax. Limits on the Power to Tax The power to tax is also limited through the Constitution. According to the Constitution: 1. Taxes must be used for public purposes only. 2. Federal taxes must be the same in every State. 3. The government may not tax ________.

8. 123 Go To Section: 4 5 The Commerce Power Chapter 11, Section 2 3333 4444 1111 5555 The ________—the power of Congress to regulate interstate and foreign trade—is granted in the Commerce Clause of the Constitution.

9. 123 Go To Section: 4 5 The Currency and Bankruptcy Powers The Currency Power Article I, Section 8, Clause 5 gives Congress the power “[t]o coin Money [and] regulate the value thereof.” ________ is any kind of money that a creditor must by law accept in payment for debts. Chapter 11, Section 2 3333 4444 1111 5555 The Bankruptcy power Article I, Section 8, Clause 4 gives Congress the power “[t]o establish…uniform Laws on the subject of Bankruptcies throughout the United States.” ________ is the legal proceeding in which the bankrupt person’s assets are distributed among those to whom a debt is owed.

10. 123 Go To Section: 4 5 Foreign Relations and War Powers Chapter 11, Section 3 2222 4444 1111 5555 Congress has the inherent power to act on matters affecting the ________ of the nation. Congress’s war powers are extensive and substantial, including: the power to raise and support armies, to provide and maintain a navy, and to organize, arm, and discipline the military. Congress also has the power to restrict the use of American forces in combat in areas where a state of ________ does not exist (War Powers Resolution of 1973).

11. 123 Go To Section: 4 5 Other Expressed Powers Chapter 11, Section 3 2222 4444 1111 5555 Naturalization ________ is the process by which citizens of one country become citizens of another. The Postal Power Article I, Section 8, Clause 7 says that Congress has the power “[t]o establish Post Offices and post Roads.” Copyrights and Patents A copyright is the exclusive right of an author to reproduce, publish, and sell his or her creative work. A patent grants a person the sole right to manufacture, use, or sell “any new and useful art, machine, manufacture, or composition of matter.”

12. 123 Go To Section: 4 5 More Expressed Powers Chapter 11, Section 3 2222 4444 1111 5555 Weights and Measures Congress has the power to “fix the Standard of Weights and Measures” throughout the United States. Power Over Territories and Other Areas Congress has the power to acquire, manage, and dispose of various federal areas. One way of acquiring property is through eminent domain, the inherent power to take private property for public use. Judicial Powers Congress may create all of the federal courts below the Supreme Court and structure the federal judiciary. Congress may also define federal crimes and set punishment for violators of federal law.

13. 123 Go To Section: 4 5 The Necessary and Proper Clause Chapter 11, Section 4 2222 3333 1111 5555 The Necessary and Proper Clause gives to Congress the power: “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” —Article I, Section 8, Clause 18

14. 123 Go To Section: 4 5 The Implied Powers of Congress Chapter 11, Section 4 2222 3333 1111 5555

15. 123 Go To Section: 4 5 Constitutional Amendments and Electoral Duties Chapter 11, Section 5 3333 4444 1111 2222 Electoral Duties In certain circumstances, the Constitution gives Congress special electoral duties. If no candidate for President receives a majority in the electoral college, the ________ decides the election. If no candidate for Vice President receives a majority in the electoral college, the ________ decides the election. Also, if the vice presidency is vacated, the President selects a ________, who faces congressional approval by a majority vote in both houses. Constitutional Amendments Article V gives Congress the power to propose amendments by a two-thirds vote in each house.

16. 123 Go To Section: 4 5 Impeachment Power The Constitution grants Congress the power of removing the President, Vice President, or other civil officers from their office through impeachment. The House has the sole power to ________, or bring charges against the individual. There is then a trial in the Senate. A two-thirds vote of the senators present is needed for ________. The penalty for conviction is removal from office. Chapter 11, Section 5 3333 4444 1111 2222

17. 123 Go To Section: 4 5 Executive Powers Appointments All major appointments made by the President must be confirmed by the Senate by majority vote. Only 12 of 600 Cabinet appointments to date have been declined. “Senatorial courtesy” is the practice in which the Senate will turn down an appointment if it is opposed by a senator of the President’s party from the State involved. Chapter 11, Section 5 2222 3333 1111 4444 Treaties The President makes treaties “by and with the Advice and Consent of the Senate,... provided two thirds of the Senators present concur.” Presently, the President often consults members of the Senate Foreign Relations Committee.

18. 123 Go To Section: 4 5 Investigatory Power Chapter 11, Section 5 2222 3333 1111 4444

19. 123 Go To Section: 4 5 Impeachment Power The Constitution grants Congress the power of removing the President, Vice President, or other civil officers from their office through impeachment. The House has the sole power to impeach, or bring charges against the individual. There is then a trial in the Senate. A two-thirds vote of the senators present is needed for conviction. The penalty for conviction is removal from office. Chapter 11, Section 5 3333 4444 1111 2222

20. 123 Go To Section: 4 5 Permanent Committees of Congress Chapter 12, Section 2 3333 4444 1111

21. 123 Go To Section: 4 5 How does a Bill Become a Law?

22. 123 Go To Section: 4 5 The First Steps Chapter 12, Section 3 2222 4444 1111 A ________ is a proposed law presented to the House or Senate for consideration. A bill or resolution usually deals with a single matter, but sometimes a ________ dealing with an unrelated matter is included. The clerk of the House numbers each bill, gives it a short title, and enters it into the House Journal and the Congressional Record for the day. With these actions the bill has received its first reading.

23. 123 Go To Section: 4 5 Committee Actions Chapter 12, Section 3 2222 4444 1111

24. 123 Go To Section: 4 5 Voting on a Bill Chapter 12, Section 3 2222 4444 1111 Once a bill has been approved at second reading, it is engrossed, or printed in its final form. It is then read for a third time and a final vote is taken.

25. 123 Go To Section: 4 5 Filibuster and Cloture The Cloture Rule Rule XXII in the Standing Rules of the Senate deals with cloture, or limiting debate If at least 60 senators vote for cloture, no more than another 30 hours may be spent on debate, forcing a vote on a bill. Chapter 12, Section 4 2222 3333 1111 Filibuster A filibuster is an attempt to “talk a bill to death.” A senator may exercise his or her right of holding the floor as long as necessary, and in essence talk until a measure is dropped.

26. 123 Go To Section: 4 5 The President Acts 2222 3333 1111 Chapter 12, Section 4

27. Presentation Pro © 2001 by Prentice Hall, Inc. The Presidency American Constitution

28. 123 Go To Section: 4 5 Article II Article II, the Constitution’s Executive Article, begins this way: Chapter 14, Section 1 2222 3333 4444 With these few words, the Framers established the presidency. “The executive power shall be vested in a President of the United States of America.”

29. 123 Go To Section: 4 5 The President’s Roles Chapter 13, Section 1 2222 3333 4444 5555 Chief of State The President is chief of state. This means he is the ceremonial head of the government of the United States, the symbol of all the people of the nation. Chief Executive The Constitution vests the President with the executive power of the United States, making him or her the nation’s chief executive. Chief Administrator The President is the chief administrator, or director, of the United States government. Chief Diplomat As the nation’s chief diplomat, the President is the main architect of American foreign policy and chief spokesperson to the rest of the world.

30. 123 Go To Section: 4 5 More Roles of the President Chapter 13, Section 1 2222 3333 4444 5555 Commander in Chief The Constitution makes the President the commander in chief, giving him or her complete control of the nation’s armed forces. Chief Legislator The President is the chief legislator, the main architect of the nation’s public policies. Chief of Party The President acts as the chief of party, the acknowledged leader of the political party that controls the executive branch. Chief Citizen The President is expected to be “the representative of all the people.”

31. 123 Go To Section: 4 5 Chapter 13, Section 1 2222 3333 4444 5555 Qualifications for President Article II, Section 1, Clause 5, of the Constitution says that the President must:

32. 123 Go To Section: 4 5 The President’s Term Until 1951, the Constitution placed ________ on the number of terms a President might serve. Traditionally, Presidents limited the number of terms served to ________. This tradition was broken by Franklin D. Roosevelt in 1940 when he ran for and won a third term in office. He then went on to be elected to a fourth term in 1944. The ________ Amendment placed limits on presidential terms. A President now may not be elected more than twice or only once if they became President due to succession. 5555 2222 3333 4444 Chapter 13, Section 1

33. 123 Go To Section: 4 5 Chapter 14, Section 2 3333 4444 1111 Executing the Law As chief executive, the President executes (enforces, administers, carries out) the provisions of federal law. The ________ instructs the President to carry out the laws of the land. The other provision is the Constitution’s command that “he shall take care that the laws be faithfully executed.”

34. 123 Go To Section: 4 5 The Power to Make Treaties Chapter 14, Section 3 2222 4444 1111 A treaty is a formal agreement between two or more sovereign states. The President, usually through the secretary of state, negotiates these international agreements. All treaties must pass approval by a ________ of the members present vote in the Senate.

35. 123 Go To Section: 4 5 The Power of Recognition Chapter 14, Section 3 2222 4444 1111 The power of recognition is exercised when the President, acting for the United States, acknowledges the legal existence of another sovereign state. The President may show American displeasure with the conduct of another country by asking for the recall of that nation’s ambassador or other diplomatic representatives in this country. The official is declared to be ________, or an unwelcome person.

36. 123 Go To Section: 4 5 Commander in Chief Making Undeclared War Many Presidents have used the armed forces abroad without a declaration of war. Wartime Powers The President’s powers as commander in chief are far greater during a war than they are in normal times. The War Powers Resolution The War Powers Resolution of 1973 limits the President’s war- making powers. Chapter 14, Section 3 2222 4444 1111 The Constitution makes the President the commander in chief of the nation’s armed forces.

37. 123 Go To Section: 4 5 Legislative Powers Chapter 14, Section 4 2222 3333 1111 Recommending Legislation The Constitution provides that the President shall report to Congress on the state of the Union and recommend necessary legislation. This power is often called the message power. The Veto Power All legislation passed by Congress is sent to the President for approval. If the President disapproves of a bill, he can veto it. That veto can only be overturned by a two-thirds vote of both houses of Congress.

38. 123 Go To Section: 4 5 Judicial Powers The Constitution gives the President the power to “...grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” —Article II, Section 2, Clause 1 A ________ is the postponement of the execution of a sentence. A ________ is legal forgiveness for a crime. These powers of ________ (mercy or leniency) may be used only in cases of federal crimes. Chapter 14, Section 4 2222 3333 1111

39. 123 Go To Section: 4 5 The ________ Today Voters do not vote directly for the President. Instead, they vote for electors in the ________ ________ Chapter 13, Section 5 2222 4444 1111 3333 On January 6, the electoral votes cast are counted by the president of the Senate, and the President and Vice President are formally elected. If no candidate wins a majority of electoral votes (270), the election is thrown into the House of Representatives. All States, except two (Maine and Nebraska), select electors based on the winner of the popular vote in that State. Electors then meet in the State capitals on the Monday after the second Wednesday in December and cast their votes for President and Vice President.

40. Presentation Pro © 2001 by Prentice Hall, Inc. American Constitution The Federal Court System

41. 123 Go To Section: 4 5 Creation of a National Judiciary Chapter 18, Section 1 2222 3333 4444 The Framers created the national judiciary in Article III of the Constitution. There are two court systems in the United States: the national judiciary that spans the country, and the courts run by each of the 50 States. The Constitution created the Supreme Court and left Congress to establish the ________—the lower federal courts. There are two types of federal courts: (1) constitutional courts and (2) special courts.

42. 123 Go To Section: 4 5 Types of Federal Courts The Constitution created only the Supreme Court, giving Congress the power to create any lower, or “inferior,” courts as needed. Chapter 18, Section 1 2222 3333 4444

43. 123 Go To Section: 4 5 Judicial Review Chapter 18, Section 3 2222 4444 1111 Judicial review refers to the power of a court to determine the ________ of a government action. The Supreme Court first asserted its power of judicial review in the case of ________ vs. ________ The Court’s decision laid the foundation for its involvement in the development of the American system of government.

44. 123 Go To Section: 4 5 Supreme Court Jurisdiction Chapter 18, Section 3 2222 4444 1111 The Supreme Court has both original and appellate jurisdiction. The Court has ________ jurisdiction over cases involving two or more States and all cases brought against ambassadors or other public ministers. Most cases heard by the Court are ________ cases. The Court hears only one to two cases in which it has original jurisdiction per year.

45. 123 Go To Section: 4 5 Appealing a Case to the Supreme Court Chapter 18, Section 3 2222 4444 1111