Chapter 3 Section 2: Three Branches of Government

The Constitution Preamble The Constitution is the supreme law of the land Preamble The introduction to the Constitution is called the Preamble. The Preamble begins with the phrase “We the people…” This means that the government is based on the consent of the people.

Amendment Amendment- A change in the Constitution. There have been 27 amendments to the Constitution. The first 10 amendments are called the Bill of Rights.

The Branches of Government There are three branches of government: 1. The legislative - which makes the laws. 2. The executive - which enforces the laws or make sure the laws are carried out. 3. The judicial - which interprets the laws or explains the laws and makes sure they are fair.

Legislative Branch Article 1 of the Constitution created a legislature. The legislative branch is called Congress and is made up of two Houses (parts): The House of Representatives and the Senate. - House of Reps. = Voice of the people - Senate = Broad interests Powers carried out by Congress are known as expressed powers. - Expressed powers- listed in the Constitution. These powers are also called enumerated powers.

Elastic Clause This clause is an example of an enumerated power. This clause gives Congress the right to make all laws “necessary and proper”. - The Elastic Clause gives broad implied powers. - It is called elastic b/c it allows Congress to stretch its powers. Powers carried out by Congress are known as expressed powers.

The House of Representatives States with the largest populations have the most representatives in the House. House members must be at least 25 years old or older to serve. House members are elected to two year terms. There are 435 members in the House of Representatives.

The Senate The Senate is the other part of the Congress. There are two senators for each state, which means of course there are 100 Senators. Senators must be at least 30 years old. Senators are elected to a six year term.

The Executive Branch Executive Branch was created due to the weakness of the Articles of Confederation. The executive branch is headed by the president. The Constitution gives the president broad, but vaguely described powers. The president is the commander-in-chief of the armed forces, appoints heads of departments, pardon people convicted of a crime, make treaties, etc.

The President The president is elected to a four year term. The president can only serve two consecutive terms. The president must be a citizen by birth. The president must be at least 35 years old.

The Judicial Branch The Judicial Branch is headed by the Supreme Court. There are two different systems of courts: - Federal – power from constitution - State – power from state constitutions Every court can only hear certain kinds of cases. Called jurisdiction of court. Supreme Court justices are nominated by the president and approved by the Senate. - There are 9 Supreme Court justices, who are appointed for life.

Marbury vs. Madison SUPREME COURT DECISIONS Why it Matters SUPREME COURT DECISIONS The Court’s Ruling This case was important because it confirmed the Supreme Court’s power to declare acts of Congress unconstitutional. Also, it established the courts as the final authority on the Constitution. This helped make the judicial branch of government equal to the other branches of government. The Court ruled that the law Marbury based his claim on was unconstitutional. Marbury v. Madison (1803) Background of the Case Shortly before Thomas Jefferson took office. John Adams, the President before Thomas Jefferson had appointed William Marbury to be a judge. Adams had signed Marbury’s commission, but it was never delivered. Marbury sued to force Madison to give him the commission. The Court’s Reasoning The Supreme Court ruled that Congress did not have the power to make such a law. Why? Because the Constitution limits the types of cases the Congress can hear. Thus, the law was in conflict with the Constitution and had to be struck down.

Checks and Balances The framers of the Constitution established a system of checks and balances. Checks and balances are meant to prevent any branch government from getting too powerful. - Example: Congress has the right to pass laws, but the president can veto them, which means the bill does not become a law.

Federalism Federalism- The power of government is also split between the states and the federal government. If the Constitution does not have a law, the states can do what they want. State law cannot contradict federal law.