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The Constitution : Three Branches

The Constitution : Three Branches. Article I - The Legislative Branch. Issues Addressed in Article I. Proportional Representation Requirements to Participate in Congress Enumerated Powers “Necessary and Proper” Clause Power is still given to the States Supremacy Clause

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The Constitution : Three Branches

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  1. The Constitution: Three Branches

  2. Article I - The Legislative Branch

  3. Issues Addressed in Article I • Proportional Representation • Requirements to Participate in Congress • Enumerated Powers • “Necessary and Proper” Clause • Power is still given to the States • Supremacy Clause • Power is given to check the Executive and Judicial branches

  4. Proportional Representation • Based on population of the State • Census is taken every 10 years to determine population • 3/5ths Compromise • Slaves would count as 3/5ths of a person when determining population

  5. House of Representatives Term: 2 years Age: 25 years old Must live in the State you represent Must be a U.S. Citizen for at least 7 years Senate Term: 6 years Age: 30 years old Must live in the State you represent Must be a U.S. Citizen for at least 9 years Requirements to participate in the Legislative Branch

  6. Power is given to check the Executive branch Legislative Checks on the Executive Branch • override presidential vetoes • impeach and remove president • declare war • confirm or reject presidential appointments • approve or reject treaties • controls money for government programs

  7. Power is given to check the Judicial branch • impeach judges • approve or reject nominations to the courts

  8. Article II – The Executive Branch

  9. Requirements to become President • 35 years old • Natural born US citizen • Must live in the United States for 14 years before you run for office • A person may only be President for two terms (8 years) according to the XXII (22nd) Amendment to the Constitution

  10. Specific Powers given to the Executive Branch • To appoint judges, cabinet members, ambassadors • Sign bills into law • Enforce those laws • Negotiate treaties with other countries • Commander-in-Chief

  11. Presidential Checks on the other branches • On the Legislative Branch • Can veto bills • Can call special sessions of Congress • Can propose bills • Commander-in-Chief of the Armed Services • On the Judicial Branch • -Can choose Federal judges (especially Supreme Court Justices) • -Can issue pardons to people convicted of Federal crimes

  12. Bill Clinton Pardons… • Democratic President William J. Clinton pardoned the convictions of 459 people during his term. Some are: • Roger Clinton, Jr. – brother of Bill Clinton. After serving a year in federal prison for cocaine possession. • Almon Glenn Braswell – convicted of mail fraud and perjury • Patty Hearst – Bank robbery. Prison term commuted by Jimmy Carter. She was released from prison in 1979. She was fully pardoned by Clinton in 2001. • Henry Cisneros – Clinton's Secretary of Housing and Urban Development. Pleaded guilty to a misdemeanor count for lying to the FBI, and was fined $10,000.

  13. Other Branches can Check the Executive • Legislative • Can confirm all Executive appointments (e.g. judges, ambassadors, Cabinet members) • Can declare war • Can override Veto by a 2/3 vote of the Congress • Judicial • -Declare executive actions unconstitutional

  14. Article III – The Judicial Branch

  15. Establishes our court system Chief Justice: John Roberts 2010 Supreme Court 1864 Supreme Court

  16. Judges are appointed by the President and approved by the Congress. WHY? • So they are not involved in OR influenced by politics. • Their job is to interpret laws and the Constitution. “…shall hold their Offices during good Behavior…” Justices usually leave the Court for three reasons • They die in office • They retire • They are impeached

  17. Original Jurisdiction First case is heard by the Supreme Court Usually this involves disputes between two states or between a state and the federal government Appellate Jurisdiction Case was first heard in a lower court and appealed to the Supreme Court Almost always the appeal must involve a question about the Constitution and it’s Amendments Does NOTdecide guilt or innocence What cases are heard by the Supreme Court?

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