1. Overview of U.S. Constitutional Gov’t

2. Articles and Amendments U.S. Constitution consists of: 7 Articles – Art 1 Legis Branch Art 2 Exec Branch Art 3 Judicial Branch 27 Amendments – 1 st 10 Bill of Rights

3. The Federal System System of gov’t with powers divided between a strong national gov’t and the separate state gov’ts that have some powers of their own

4. The National Gov’t – Delegated Powers Powers that only the national gov’t may exercise – many are listed in Art I Sect 8; others are listed throughout the Constitution Examples: only nat’l gov’t may regulate foreign and interstate commerce, coin money, raise an army and navy, declare war, etc.

5. The State Governments – Reserved Powers Powers that only the states may exercise Constitutional basis for reserved powers is the Tenth Amendment Examples: determine marriage and divorce laws; public education; conducting elections

6. Concurrent Powers Powers that may be exercised by both levels of gov’t Examples: the power to tax; charter corporations

7. Separation of Powers Powers of the nat’l gov’t are divided among the 3 branches, each w/ its own area of authority: Legislative: makes laws Executive: executes or enforces laws Judicial: interprets & applies laws

8. Legislative Branch – Article I Makes laws – bills must pass both houses in identical form before going to Pres. Bicameral legis: U.S. Congress = House of Reps (rep based on pop) & Senate (rep equal) H of R – 435 members; 2 yr term Senate – 100 members; 6 yr term (1/3 elected every 2 yrs) H of R – appropriations bills must begin here; chooses Pres if no electoral majority; impeachment Senate – ratifies treaties and approves Pres appointments; tries impeachment cases

9. Executive Branch – Art II largest branch of federal gov’t Executes or enforces the laws President, Vice President, Cabinet, federal agencies (FBI, IRS, EPA, CIA, etc) Pres must be natural born citizen 4 yr term; chosen by Electoral College Originally no term limit – 22 amendment Pres is commander in chief of armed forces

10. Judicial Branch – Art III Interprets and applies federal laws All federal judges have life app’ts; may be impeached Pres app’ts; Senate approves Federal Court system has 3 levels District courts 1 st level – trial courts Circuit Courts of Appeal – next level Supreme Ct – highest court in U.S. (9 members) (no appeal beyond Sup Ct)

11. Checks and Balances Each branch of gov’t has certain powers it may use to check or limit the powers of the other branches Prevents any 1 branch from gaining too much power Makes branches cooperate and work together to get things done

12. Necessary and Proper Clause AKA “Elastic Clause” Congress authorized to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers…” This allows the powers of Congress to expand This is the basis of the “implied powers” doctrine

13. Commerce Clause Congress authorized to regulate commerce w/ foreign nations and among the several states (interstate commerce) Congressional power expanded thro interpretation / definition of “commerce”

14. Supremacy Clause The U.S. Constitution, federal laws and treaties the Senate has ratified are the supreme, or highest law of the land They outweigh state laws A state judge must overturn any state law that conflicts w/ the Constitution or with a federal law

15. The Amendment Process (Art V) It is a lengthy and difficult process so the Constitution will be changed only for major reasons of national importance and not for frivolous reasons It is a 2-step process involving Congress and the states Many more amendments have been proposed than have been ratified

16. 2 Methods of Proposal: 1. By 2/3 majority in both houses of Congress 2. In national convention called at request of 2/3 of the state legislatures (this method has never been used)

17. 2 Methods of Ratification: 1. By ¾ of the state legislatures (all except one have been ratified this way) 2. In special ratification conventions in ¾ of the states (21 st Amend – repeal of prohibition – ratified this way)

18. The Bill Of Rights First 10 amendments proposed by the 1 st Congress;added to the Constitution in 1791 Protects American’s civil liberties – 1 st Amend freedoms; rights of the accused; right to privacy; protections of property; protections against double jeopardy and cruel and unusual punishment; etc.

19. The First Amendment Freedoms: freedom of religion, speech, press the right of the people to peaceably assemble the right to petition the gov’t for redress of grievances