1. Unit 3 Chapter 3, Section 2-3 Three Branches of Government/
Amending the Constitution
Mr. Young
American Government

2. Essential Question
What articles set up the 3 branches of government and what powers did the Founding Fathers give each branch according to the constitution?

3. Article 1 Senate Was to be the voice of the people
House of Representatives
Senate
Was to be the voice of the people
Represented the broad interest of the states

4. Articles
Article 2- A president with specified, limited powers was further guarded by an impeachment claus
Article 3-Congress has the authority to set up additional courts as it saw need because Article 3 only set up the Supreme Court.

5. Legislative Branch
Founders expected Congress to be the most important of the national branches
Powers found in Article 1, Section 8
Expressed- powers directly stated in the Constitution
Enumerated- are those express powers that are numbered from 1-18

6. Legislative Branch Cont.
Court Case McCulloch v Maryland, supported the idea that the elastic clause gave Congress the right to make any laws necessary to carry out its other powers
Five deal with economic, seven deal with defense
Final enumerated power is the Elastic Clause, that gives Congress the right to make all laws “necessary and proper” to carry out the power needed to run country

7. Executive Branch The President is head of the Executive branch
Used to carry out the acts or laws of Congress , so as to hold them in check
Grants president broad but vaguely described powers in Article 2, Section 2-3

8. Vague Powers of President
The President can fire officials of the executive branch, make agreements with foreign nations, or take emergency action to save the country.
Presidents did not use to do much, but now they preside over a White house staff and a vast federal bureaucracy, made up of all executive branch employees

9. Judicial Branch Judicial Branch seems to be the weakest of all braches
Broken into two different court systems, federal, whose powers derive from Constitution and federal laws, and state, whose power derives from State constitutions and laws

10. Judicial Branch
Federal courts may only try cases that involve U.S Laws, treaties with foreign nations, or interpreting the Constitution, cases involving admiralty or maritime law, or bankruptcy.

11. Judicial Branch Cont. John Marshall, Chief Justice
Court Case Marbury v Madison, gave Supreme Court their right to declare laws Constitutional or unconstitutional, known as judicial review.
Supreme Court may only be overturned by changing its mind or by Constitutional Amendment.
John Marshall, Chief Justice

12. The President as Legislator
In practice, the executive branch provides plans for much of the legislation that Congress considers

13. The President vs. Congress
Congress is to monitor the way the executive branch enforces laws
Federal courts have to step in when the executive and legislative branches quarrel over the interpretation of legislation
If the executive branch is controlled by one party, and the legislature by another, then cooperation is unlikely

14. Congress vs. The Courts
The Constitution gave Congress powers to both create the lower federal courts and to limit the jurisdiction of the Supreme Court

15. Amending the Constitution Mr. Young American Government
Chapter 3, Section 3
Amending the Constitution
Mr. Young
American Government

16. Amending the Constitution
Priceless heritage of Constitution has been its ability to adapt to new conditions of a changing nation while preserving the basis of American government

17. Chief Justice John Marshall
“We must never forget that it is…a Constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.” (1819)

18. Amendment Process
Article 5- May deal with any topic except that no state may lose equal representation in Senate with state’s consent
Amendments may be proposed and ratified, approved, in two ways
Amendment process helps to show the federal system at work, they are proposed at national level and ratified on a state-by-state basis.

19. 1) Congressional Consent
One method is by a 2/3 vote of each house of Congress
Only way the Constitution has been changed

20. 2) National Convention of States
Also can propose by a national convention called by Congress at the request of 2/3 of the states
A national convention is scary because such a convention is not required to limit itself to a specific amendment.

21. 2) State Convention Cont.
Petition, means to appeal, when states petition Congress for Convention
Balanced budget means when the federal government spending never exceeds its income

22. Ratification Process 3/4 of State Legislatures
3/4 of State Ratification Convention
A state may revoke/repeal its decision of ratification, as happened with the Equal Rights Amendment, that would prohibit discrimination on the basis of gender.

23. Ratification Process Cont
State ratifying conventions have only been used once, in the case of the repealing of the 18th amendment, and the addition of the 21st.
Congress has set the limit of seven years that an amendment has to be ratified within.

24. Informal Changes
Does not involve changing the written wording of the Constitution
They occur as government leaders and citizens fill in the details of government on a day-to-day, year-to-year basis to suit the needs to the time

25. Changes through Law and Practice
Congress has used this to pass laws to help fit a changing nation, such as expanding its taxing authority, given the executive branch different cabinets, agencies, boards, and commissions

26. Changes Cont.
Also, the House may impeach, or accuse, federal officials of different crimes, while it is up to the Senate to determine a person’s guilt or innocence
Three ways a person may be impeached: Treason, Bribery, or high Crimes and misdemeanors

27. Informal Presidential Changes
The 25th amendment clarified presidential succession
Many presidents use executive agreement, which are made directly between the president and the other head of state in another country, where treaties are agreements between nations
Presidents have become more aggressive with requesting legislation from Congress

28. Court Decisions
Judicial Restraint, holds that the Supreme Court should avoid taking the initiative on social and political questions, leave policy making to others: tend to be conservative
Judicial Activism, holds that the Supreme Court should play a role in shaping the national policies, occurred under Chief Justice Earl Warren: tend to be liberal

29. Court Decisions Cont.
The Supreme Court has been known to change its mind on some cases, such as in 1896 the court ruled that separate public facilities for African Americans were constitutional as long as they were equal. In 1954, the court reversed its decision when it decided to outlaw racial segregation in public schools.