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LEGISLATIVE POWERS SS.7.C.3.8 – Analyze the structure, functions, and processes of the legislative, executive, and judicial branches.
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Explain in your own words:
VOCABULARY POPULAR SOVEREIGNTY – the people are the supreme authority, source of all political power. LIMITED GOVERNMENT – Government only has the powers granted to it by the people. Explain in your own words: How do the 2 terms above relate to the concepts we discussed with the term “We The People” and the goals of the Preamble?
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Vocabulary SEPARATION OF POWERS – Governmental powers are divided among the 3 branches. CHECKS AND BALANCES – Each branch of government has specific powers to check (limit) the other branches power.
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VOCABULARY FEDERALISM – power divided among the states and the federal government.
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EXAMPLES OF CHECKS AND BALANCES
Example: President appoints Supreme Court Justices. Senate approves or denies Supreme Court appointees from the President. Congress Makes a Law, President signs the law. Supreme Court rules the law (judicial review) unconstitutional.
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Checks And Balances Example: President submits a budget to Congress. Congress must approve all funding and appropriations. President vetoes a bill submitted by Congress. Congress can override his veto with a two-thirds vote of it’s members.
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WRITING ACTIVITY…… COLLABORATIVE WRITING ACTIVITY: EXPLAIN HOW THE SEPARATION OF POWERS, CHECKS AND BALANCES AND THE SYSTEM OF FEDERALISM PLACATED THE FEARS OF THE ANTI- FEDERALISTS?
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POWERS OF CONGRESS… TITLE THE PAGE: “POWERS OF CONGRESS”
MAKE A “T-CHART” ON THE NEXT PAGE IN YOUR JOURNAL. LABEL ONE COLUMN “EXPRESSED POWERS” AND ONE COLUMN “IMPLIED POWERS” READ PAGES #203 - #205 IN THE TEXT. USING THE TEXT, AND YOUR HANDOUT ON LEGISLATIVE BRANCH, LIST THE POWERS IDENTIFIED IN THE TEXT AS EITHER “EXPRESSED” OR “IMPLIED POWERS.” INDIVIDUAL ASSIGNMENT
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CHECK “T-CHART” EXPRESSED POWERS INCLUDE: 1. LAY AND COLLECT TAXES
2. FUND AND REGULATE THE MILITARY 3. COIN AND PRINT CURRENCY 4. REGULATE FOREIGN TRADE 5. DECLARE WAR 6. ESTABLISH LAWS OF NATURALIZATION 7. IMPEACH THE PRESIDENT. 8. ESTABLISH POST OFFICES 9. GRANT COPYRIGHTS AND PATENTS. 10. GOVERN WASHINGTON D.C.
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IMPLIED POWERS INCLUDE:
CHECK “T-CHART” IMPLIED POWERS INCLUDE: 1. Lay and collect taxes – implied to mean taxing for schools, welfare programs, and public housing. 2. Borrow money for federal budget – implied to mean maintain the Federal Reserve. 3. Regulate commerce – implied to mean enforcing laws against discrimination in public facilities. 4. Fund and Support Military – implied to mean drafting into the military. 5. Laws of Naturalization – implied to mean limiting the number of immigrants to the United States.
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POWERS OF CONGRESS... ENUMERATED POWERS – also known as “Expressed Powers” – 18 clauses in Article I listing specific powers granted to Congress. EXAMPLES Powers to declare war, tax, regulate trade, laws on naturalization, create lower federal courts, fund and regulate the military, coin and print currency, lay and collect taxes.
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POWERS OF CONGRESS… IMPLIED POWERS – Article I, Section 8, Clause 18. This Clause states: “Congress has the power to whatever is “necessary and proper” to carry out its enumerated powers (expressed powers). Elastic Clause – because it stretches the powers of Congress without specifically listing the powers.
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Don’t Be Confused…. Article I, Section 8, Clause 18
“Implied Powers” “Necessary And Proper Clause” “Elastic Clause” All are the same….if it is a power that Congress uses, and it is NOT specifically listed (enumerated) in the Constitution, it is found in the “Elastic – Necessary And Proper Clause” and is an “Implied Power.”
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SUMMARIZING ACTIVITY 7- POINTS
DEFINE THE FOLLOWING TERMS: 1. EXPRESSED / ENUMERATED POWERS 2. IMPLIED POWERS 3. NECESSARY AND PROPER / ELASTIC CLAUSE 4. LIST 4 POWERS OF CONGRESS THAT ARE SPECIFICALLY “ENUMERATED” IN THE CONSTITUTION.
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