The Senate The House of Representatives Qualifications Size (number) Term Role/Purpose Special Duties Role in Lawmaking A bill must be approved by BOTH houses of Congress before it can go the President to become law

Unit 2.3 POWERS IN THE CONSTITUTION

I. Legislative Branch (Article I) A. Legislative powers: make the laws 1. Session - time Congress meets 2. Special session - can be called by the President

B. House of Representatives 1. “house of the people”- elected by the citizens of a state members term is for 2 years 3. Qualifications- 25 years old, citizen for 7 years, live in state and district 4. Speaker of the House - head of party in power and overseer of house NC representative, Robert Pittenger

C. Senate 1. “house of the states” – originally elected by state legislatures, since the 17 th Amendment – elected by the people members -2 per state 3. term is 6 years (1/3 elected every 2 years) 4. Qualifications- 30 years old, citizen for 9 years, live in state NC’s U.S. Senators

5. Senate Pro Tempore –oldest serving senator of the party in power (president of the senate when the vice-president in absent) 6. Vice-President is “president” of Senate - Only votes when there is a tie

D. Powers of Congress 1. Enumerated : Specifically stated powers a. Tax and budget (power of the purse) b. Regulate interstate and international commerce c. Immigration d. Coin money e. Approve nominations for courts, ambassadors, etc. f. Issue patents and copyrights g. Establish Inferior courts to Supreme Court h. Declare war i. Raise an army and navy j. Regulate federal land & Washington, D.C. (our nation’s capital) k. Impeach the president & federal judges

E. Implied Powers - powers not specifically stated 1. “Necessary and Proper clause” a. Also known as the “Elastic clause” b. allows Congress to make laws so it can act on enumerated powers c. examples: 1. creation of executive agencies ( Food & Drug Administration ) 2. New branches of the military ( Air Force ) 3. Regulation of the economy ( Banking/Stock market)

F. Powers DENIED to congress a. Congress cannot tax exports b. Congress cannot suspend writ of Habeas Corpus - no law can be passed preventing a person from being present at their own trial c. Congress cannot pass Ex Post Facto Laws - laws making an action it a crime after it was done. d. Congress cannot pass Bills of Attainders - laws that punish a person without trial

Warm Up 1. What are three enumerated powers of Congress? 2. What is a ‘bill of attainder’ ? 3. What does it mean ‘to suspend writ of habeas corpus’?

Unit 2.3 The Executive Branch

II. Executive Branch (Article II) enforces the law A. Chief Executive 1. appoints top level officials (Cabinet) with “the advice and consent of Senate” 2. running of the government bureaucracy)

B. Chief Diplomat 1. make treaties (formal agreements with other countries) with 2/3 of Senate 2. Recognition- formally acknowledges another country 3. send and receive ambassadors

C. Commander –in- Chief 1. civilian in charge of military 2. only Congress “declare war” 3. War Powers Act - reaction to Vietnam a. Notify Congress to send troops abroad b. End conflict in 60 days (30 day extension) c. Joint resolution of Congress

4. Create a budget for Congressional approval 5. “take care” that laws are “faithfully executed” 6. Approve or veto legislation a. Veto -deny b. Approve c. Do nothing (for 10 days)  If Congress is not in session: Pocket Veto - bill dies  If Congress is in session: bill passes

E. Judicial powers 1. Nominates federal judges 2. Pardon - relieve all charges 3. commutation - reduce a sentence 4. reprieve -delay from death penalty- Federal cases only

What is Alexander Hamilton describing? It was desirable that the sense of the people should operate in the choice of the person (for president) to whom so important a trust was to be confided. This end will be answered by.…..A small number of persons, selected by their fellow- citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated [matters]. Federalist no. 68

Warm Up What does this mean to you?  In order to be successfully educated, all students have the right to necessary and useful school supplies

Unit 2.2 The Judicial Branch

III. Judicial Branch (Art. III) A. Jurisdiction - allows a court to hear the case B. Original Jurisdiction - a specific court MUST hear that case 1. conflicts between states are settled by the U.S. Supreme Court

C. Appellate Jurisdiction - only hear appeal of case 1. Appeal - reviewing a lower court’s ruling 1. Long, difficult appeal process 2. Supreme Court chooses the cases they hear

D. Judicial Review 1. Supreme Court’s power to decide the Constitutionality of a law 1. Made by the legislative branch 2. Made by executive order 2. Marbury v. Madison, established this precedent 1. First Supreme Court case

E. Dual Hierarchy Court System 1.cases concerning state laws are decided in the courts of each state 2.cases concerning federal laws are decided in U.S. courts NC Supreme Court NC Appeals Court NC Trial Courts *Superior *District U.S. Supreme Court U.S. Appeals Courts (Circuit Courts) U.S. District Courts (Trial)

Warm Up  Mrs. Cerbone married Mr. Cerbone in New York in When they moved to NC eight years ago they did not need to get a marriage license in the state of North Carolina.  Why is this case?  Winston Goldstein loves cheap gas. He drives from his house in Charlotte to South Carolina every week to fill his car up.  Why is he able to use his NC driver’s license to drive in SC?

The 3 Branches at the State Level- North Carolina  I: Legislative Branch: Called the General Assembly  House and Senate  120 members serve 2 yr. terms in the House  120 districts with approx. 67,000 residents.  50 Senators at the state level  Serve 2yr terms- 25 yrs of age  Lt. Governor is President of the Senate- limited power –only votes to break a tie

Take a look at the Map

120 State House districts

II: The Executive Branch  Governor and Lt. Governor  Serve 4 yr. terms no more than 2 consecutive  Do not run on the same ticket- can have A governor from one party and Lt. Gov. from another.  Governor has line-item veto power  Line item veto: can veto one Part of the bill and the rest of the Bill stays intact.  Gov. can pardon, reprieve, Commute sentences

Executive Branch  Governor works with Council of State ( elected officials by the people) to run the state.  Proposes a budget to General Assembly Checks and Balances:  Can veto legislation  Can Pardon Criminals  Can appoint state judges if vacancy occurs before term is up  Has the line item veto

III: Judicial Branch  North Carolina Supreme Court: highest court in the State  Hears only cases involving Constitutional rights and issues  No criminal trials  6 Justices and 1 Chief Justice  All state judges are elected by the people  8 yr. term  Mark Martin = Chief Justice

Unitary Government Federalism Confederate Government Powerful central govtPowerful state govts State & national government share power

I.Types of Governments A. Unitary –National government only B. Confederate –State governments have great power, give only a little power to a national government 1. like the U.S. under The Articles of Confederation C. Federalism –sharing of power between the national & state governments

II. Our Federal System Reserved Powers- powers reserved specifically for the states 1. Regulate marriage and divorce, public schools, liquor laws 2. full faith and credit clause- each state must recognize the laws, decisions of other states Concurrent Powers- powers both national and state gov’ts have ex: collect taxes, crime and punishment Delegated Powers/expressed- powers held by Fed gov’t only ex: Declare War, coin money, regulate trade

Complete the graphic organizer using p. 89 and your notes Delegated Powers Reserved Powers Concurrent Powers