Goal 2 Review What you MUST know about the Constitution and the National Government

Organization of the Constitution  Begins with the PREAMBLE  Lists the 6 purposes of government  Begins “We the People”  An example of Popular Sovereignty  Article I: Legislative Branch (Congress)  Article II: Executive Branch (President)  Article III: Judicial Branch (Supreme Court)

Clauses of the Constitution  Necessary and Proper Clause  A.K.A. Elastic Clause  Gives Congress Implied Powers  Allows Congress to do all things “necessary and proper” to get their job done  Supremacy Clause  Constitution is supreme law of the land  Followed by federal then state laws  Allows Supreme Court to declare state laws to be unconstitutional  Full Faith and Credit Clause  States must recognize the records of other states  Example: drivers licenses, marriage certificates

Powers  Expressed, Enumerated, or Delegated Powers  Powers given exclusively to the federal government in the Constitution  Given in Article I of the Constitution  Example: declare war  Reserved Powers  Powers given to the state governments  Given in 10 th Amendment  Example: conduct elections  Concurrent Powers  Powers shared between the federal and state governments  Example: collect taxes

Levels of Government  Federal Government  National government  Only 1/ supreme power  State Governments  50  Local Governments  Counties  Cities

Cases dealing with the Constitution  Marbury v. Madison  Established Judicial Review  Supreme Court’s authority to declare a law or presidential action unconstitutional  Gibbons v. Odgen  Congress has the sole authority to regulate interstate commerce  McCulloch v. Maryland  Implied powers are OK

Legislative Branch  Established in Article I  Bicameral legislature  Senate: 2 per state  House of Reps: based on population  Census taken every 10 years to determine population  Redistricting: redrawing political lines to be sure that areas are represented appropriately  Gerrymandering: illegal use of redistricting where lines are redrawn to give a group or party unfair amounts of power

Legislative Branch continued  Powers Denied to Congress  Passing Bills of Attainder  You can not be punished with out a trial  Suspending the Writ of Habeas Corpus  You must be brought to court and told why you are being held  Passing Ex Post Facto Laws  You can not be charged with something that was not illegal at the time of the action

Legislative Branch continued  Franking Privilege: Congressmen can send work related mail for free  Committee System  Increases the speed and efficiency of the law making process  Based on seniority system  People who have been in Congress the longest have the best jobs  You get to be a committee chairperson by being on a committee the longest

Legislative Branch continued  Only members of the House or Senate can introduce a bill  Once introduced it goes to a committee to be examined and discussed  Rules for the House of Representatives, such as how long a rep. can speak, are set by the House Rules Committee  Senators can speak for an unlimited time, even off topic, in order to delay a vote  Called a Filibuster  Must be ended by a vote for Cloture

Executive Branch  Established in Article II  President serves as the Chief Executive  Elected by Electoral College  We vote for electors when we vote  A candidate needs 270 out of 538 electoral votes to win  If no one receives 270, then the House of Reps. votes and chooses the next President  Some people have voter apathy due to Electoral College  Feel their vote does not count b/c President is not chosen by popular vote

Executive Branch continued  If the President and VP can not full fill their duties, the Speaker of the House become the President  President chooses federal judges, but the Senate must confirm them  Has a cabinet to advise him  Department of Homeland Security was most recent Cabinet position added  Added following terror attacks of 9/11

Federal Law Enforcement: Part of Executive Branch  FBI: Federal Bureau of Investigation  Has largest jurisdiction  ATF: Alcohol, Tobacco, and Firearms  DEA: Drug Enforcement Agency  Who investigates drugs:  FBI  DEA  State Police  City Police  US Coast Guard if necessary

Judicial Branch  Established in Article III  Judicial Review: power of Supreme Court to declare a law or action to be unconstitutional  Original Jurisdiction: 1 st court w/ authority to hear a case  Appellate Jurisdiction: ability of court to review a case from a lower court to determine if a defendant received a fair trial

Judicial Branch Continued  Types of Opinions  Majority Opinion  Official decision of the court  Concurring Opinion  Agrees with the majority opinion, but for a different reason  Dissenting Opinion  Disagrees with the majority opinion