1. Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program American Constitutional Law LAW-210 The Constitution and the Federal Government: An Overview

2. Unit Objectives At the completion of this unit, students should be able to: At the completion of this unit, students should be able to: 1. Explain the concept of federalism 2. Describe how the concept of separation of powers relates to the U.S. government 3. List the provisions of Article I of the U.S. Constitution related to the organization of the U.S. Congress 4. Describe the qualifications and election process for membership in the U.S. Congress 5. List the provisions of Article II of the U.S. Constitution related to the executive branch of government

3. Unit Objectives (Continued) 6. Describe the qualifications for the presidency. 7. Summarize the provisions of Article III related to the federal judiciary 8. Explain the importance of the Judiciary Act of 1789 9. Describe the structure of the federal court system as it exists today 10. Explain the role of each court within the federal ourt system

4. Federalism The framers of the Constitution formed a government based on federalism, separation of powers, and checks and balances. The framers of the Constitution formed a government based on federalism, separation of powers, and checks and balances.

5. Federalism (Continued) Definition: A system of political organization with several different levels of government (e.g., city, state, and national) coexisting in the same area, with the lower levels having some independent powers. Definition: A system of political organization with several different levels of government (e.g., city, state, and national) coexisting in the same area, with the lower levels having some independent powers. The powers of each level are either express or implied, and are either concurrent or exclusive: The powers of each level are either express or implied, and are either concurrent or exclusive: Concurrent – “Running together”; having the same authority; at the same time. For example, courts have concurrent jurisdiction when each one has the power to deal with the same case; concurrent sentences are prison terms that run at the same time; and federal and state governments have concurrent power to govern in many areas. Concurrent – “Running together”; having the same authority; at the same time. For example, courts have concurrent jurisdiction when each one has the power to deal with the same case; concurrent sentences are prison terms that run at the same time; and federal and state governments have concurrent power to govern in many areas. Exclusive – Shutting out all others; sole; one only. For example, if a court has exclusive jurisdiction over a subject, no other court in the area can decide a lawsuit on that subject. Exclusive – Shutting out all others; sole; one only. For example, if a court has exclusive jurisdiction over a subject, no other court in the area can decide a lawsuit on that subject.

6. Federalism (Continued) The concept of federalism means that citizens of the United States are subject to both federal and state governments. The concept of federalism means that citizens of the United States are subject to both federal and state governments. Under the U.S. Constitution, the federal government has specific powers. All other powers belong to the states. Under the U.S. Constitution, the federal government has specific powers. All other powers belong to the states. Example: Gregory v. Ashcroft, 501 U.S. 452 (1991) Example: Gregory v. Ashcroft, 501 U.S. 452 (1991)

7. Gregory v. Ashcroft 501 U.S. 452 (1991) Casenotes Casenotes Casenotes Issue: Federalism Issue: Federalism Decision: Decision: A state has the right to set a minimum retirement age for judges because the federal employment law does not include state employees on a “policy-making level.” A state has the right to set a minimum retirement age for judges because the federal employment law does not include state employees on a “policy-making level.” Through the character of those who exercise government authority, a state defines itself as a sovereign. Through the character of those who exercise government authority, a state defines itself as a sovereign.

8. Separation of Powers and Checks and Balances Separation of Powers: Separation of Powers: The division of the federal government (and state governments) into legislative (lawmaking), judicial (law-interpreting), and executive (law-carrying-on) branches. The division of the federal government (and state governments) into legislative (lawmaking), judicial (law-interpreting), and executive (law-carrying-on) branches. Each branch acts to prevent the others from becoming too powerful. Each branch acts to prevent the others from becoming too powerful. Checks and Balances: Checks and Balances: A restraint. A restraint.

9. Clinton v. City of New York 524 U.S. 417 (1998) Casenotes Casenotes Casenotes Issue: Separation of Powers Issue: Separation of Powers Decision: Decision: The right of the President to exercise a line-item veto interferes with the constitutionally established legislative process. The right of the President to exercise a line-item veto interferes with the constitutionally established legislative process.

10. Separation of Powers and Checks and Balances The Constitution created a national government consisting of three separate branches: the legislative, the judiciary, and the executive; each branch has separate powers that serve as a check on the power of the other branches. The Constitution created a national government consisting of three separate branches: the legislative, the judiciary, and the executive; each branch has separate powers that serve as a check on the power of the other branches.

11. The Lawmaking Power Checks and Balances Legislature makes the laws. Legislature makes the laws. President (executive) can veto laws. President (executive) can veto laws. Courts (judicial) can declare laws unconstitutional. Courts (judicial) can declare laws unconstitutional. President can veto laws. President can veto laws. Legislature (Congress) can override veto. Legislature (Congress) can override veto. Courts can declare laws unconstitutional. Courts can declare laws unconstitutional. Legislature (Congress) can amend or change the law to make it constitutional. Legislature (Congress) can amend or change the law to make it constitutional. Legislature (Congress) can introduce a constitutional amendment. Legislature (Congress) can introduce a constitutional amendment. Presdident (executive) appoints judges subject to Senate approval. Presdident (executive) appoints judges subject to Senate approval.

12. Senators and Representatives SenatorsRepresentatives At least 30 years oldAt least 25 years old Citizens for nine yearsCitizens for seven years Inhabitants of states they represent Elected by popular vote Serve six-year termsServe two-year terms Each state has two Senators Number for each state based on population Led by Vice PresidentLed by Speaker of the House

13. U.S. Term Limits, Inc. v. Thornton 514 U.S. 779 (1952) Casenotes Casenotes Casenotes Issue: Legislative Qualifications (Art. I) Issue: Legislative Qualifications (Art. I) Decision: Decision: Article I of the Constitution establishes qualifications for U.S. legislators which cannot be changed by state law. Article I of the Constitution establishes qualifications for U.S. legislators which cannot be changed by state law. Thus, a state law imposing term limits was unconstitutional. Thus, a state law imposing term limits was unconstitutional.

14. The Legislative Process Any member of Congress can initiate a bill, or proposed law. Any member of Congress can initiate a bill, or proposed law. A bill is debated in a committee in the house where it was introduced. A bill is debated in a committee in the house where it was introduced. It then goes to the full house for a vote. It then goes to the full house for a vote. If it passes both houses this way, it goes to the President for his signature. If it passes both houses this way, it goes to the President for his signature. A President’s signature turns a bill into law. A President’s signature turns a bill into law. If the President does not sign the bill (veto), Congress can override the veto by passing the bill again, with a two-thirds margin. If the President does not sign the bill (veto), Congress can override the veto by passing the bill again, with a two-thirds margin.

15. Once both houses pass the compromise bill, it is sent to the President to be signed. How New Laws Are Made A bill, or proposed law, is introduced in the House of Representatives or the Senate and then assigned to a committee for discussion and voting. House of Representatives Senate President Armed Services Agriculture Ways and Means Banking, Finance, and Urban Affairs Education and Labor Judiciary Committee Major House Committees Aeronautical and Space Sciences Armed Services Judiciary Committee Appropriation Foreign Relations Major Senate Committees If it passes there, it goes to the other house (House to Senate or Senate to House). Conference Committee If the second House of Congress made any changes, or amendments, to the bill, it must go to a Conference Committee, made up of members of both houses. Here, they work out compromises between the two different versions of the bill. The compromise bill then goes back to both houses for a final vote. After it passes committee, the bill goes to the full body of that house for a vote. It is assigned to a committee and the process repeats. If signed, the bill becomes law If vetoed, it goes back to the Congress, where it must pass both houses by a 2/3 majority.

16. Powers of Congress To make laws To make laws Necessary and Proper Clause Necessary and Proper Clause U.S. Const. Art. I, § 8, Clause 9 – gives Congress the power to pass all laws appropriate to carry out its functions U.S. Const. Art. I, § 8, Clause 9 – gives Congress the power to pass all laws appropriate to carry out its functions To approve Presidential appointments including federal judges, cabinet members and ambassadors To approve Presidential appointments including federal judges, cabinet members and ambassadors To impeach the President, Vice President, and other national officers, including judges To impeach the President, Vice President, and other national officers, including judges The first step in removal from public office – drawing up articles of impeachment, voting on them, and presenting them to the Senate The first step in removal from public office – drawing up articles of impeachment, voting on them, and presenting them to the Senate

17. Executive Power Article II defines the powers and responsibilities of the President -- in general the President has responsibility for enforcing the nation’s laws. Article II defines the powers and responsibilities of the President -- in general the President has responsibility for enforcing the nation’s laws. Appointment -- The President nominates federal judges (including Supreme Court Justices) and heads of most administrative agencies. Appointment -- The President nominates federal judges (including Supreme Court Justices) and heads of most administrative agencies. Legislation -- The President and his advisors can propose bills to Congress, and the President can veto bills from Congress. Legislation -- The President and his advisors can propose bills to Congress, and the President can veto bills from Congress. Foreign Policy -- The President coordinates international efforts, negotiates treaties and is the Commander in Chief of the military, but he may not declare war. Foreign Policy -- The President coordinates international efforts, negotiates treaties and is the Commander in Chief of the military, but he may not declare war. Pardons – The President can grant pardons. Pardons – The President can grant pardons.

18. Youngstown Sheet & Tube v. Sawyer 343 U.S. 579 (1952) Casenotes Casenotes Casenotes Issue: Separation of Powers Issue: Separation of Powers Decision: Decision: Presidential powers are not unlimited Presidential powers are not unlimited The President did not have the inherent power to seize and operate the nation’s steel mills during a strike by steel mill employees – this power belonged to Congress. The President did not have the inherent power to seize and operate the nation’s steel mills during a strike by steel mill employees – this power belonged to Congress.

19. The President Under Article II, must be: Under Article II, must be: A natural-born citizen, and A natural-born citizen, and At least 35 years old At least 35 years old Not directly elected by popular vote, but by an electoral college (number of electors set by Amends. XII and XXIII) Not directly elected by popular vote, but by an electoral college (number of electors set by Amends. XII and XXIII) Under Amend. XXII, can be elected to only two four- year terms. Under Amend. XXII, can be elected to only two four- year terms.

20. Judicial Power Article III creates the Supreme Court and permits Congress to create lower (“inferior”) federal courts. Article III creates the Supreme Court and permits Congress to create lower (“inferior”) federal courts. The Judiciary Act of 1789 created a court system consisting of two types of inferior courts: The Judiciary Act of 1789 created a court system consisting of two types of inferior courts: District Courts District Courts Circuit Courts Circuit Courts Federal courts have two key functions: adjudication and judicial review. Federal courts have two key functions: adjudication and judicial review. Adjudication -- Federal courts hear civil and criminal cases within their jurisdiction. Adjudication -- Federal courts hear civil and criminal cases within their jurisdiction. Judicial Review -- Federal courts can declare a statute or governmental action unconstitutional. Judicial Review -- Federal courts can declare a statute or governmental action unconstitutional.

21. Constitutional vs. Legislative Courts Constitutional Courts: Constitutional Courts: Courts created pursuant to the U.S. Constitution. Courts created pursuant to the U.S. Constitution. Legislative Courts: Legislative Courts: Courts that have been set up by legislatures (Congress, state legislatures, etc.) rather than those set up originally by the U.S. Constitution or by state constitutions. Courts that have been set up by legislatures (Congress, state legislatures, etc.) rather than those set up originally by the U.S. Constitution or by state constitutions.

22. Federal Trial Courts CourtTypeFunction U.S. District Courts (28 U.S.C. § 1330 et seq.) ConstitutionalPrimary trial courts in federal system; judges and/or juries hear civil and criminal cases Bankruptcy Court (28 U.S.C. § 1330 et seq.) Adjunct to District Court Hears bankruptcy matters U.S. Court of International Trade (28 U.S.C. § 1330 et seq.) ConstitutionalHandles controversies involving international trade agreements and tariffs U.S. Court of Federal Claims (28 U.S.C. § 251 et seq.) LegislativeHears cases seeking money damages against the United States U.S. Tax Court (28 U.S.C. § 1330 et seq.) LegislativeHears cases involving tax disputes U.S. Court of Appeals for Veterans Claims LegislativeHears appeals from administrative hearings of the Bureau of Veterans Appeals Court of Military Review LegislativeHandles military proceedings

23. Federal Trial Court Districts and Federal Appellate Court Circuits DC Fed

24. United States Supreme Court United States Supreme Court U.S. District Courts (94 Districts) U.S. District Courts (94 Districts) U.S. Bankruptcy Courts U.S. Bankruptcy Courts Federal Administrative Agencies Federal Administrative Agencies U.S. Court of International Trade U.S. Court of International Trade U.S. Court of Federal Claims U.S. Court of Federal Claims U.S. Court of Appeals for the Federal Circuit U.S. Court of Appeals for the Federal Circuit U.S. Court Of Appeals (12 Circuits) U.S. Court Of Appeals (12 Circuits) Appellate Courts Trial Courts Court of Veterans Appeals Court of Veterans Appeals Military Courts (Trial and Appellate) Military Courts (Trial and Appellate) U.S. Tax Courts U.S. Tax Courts Federal Courts and Other Entities Outside the Judicial Branch The United States Federal Courts