The Senate The House of Representatives

Qualifications

 

   

Size (number) 

   

Term 

   

Role/Purpose   

Special Duties 

Role in Lawmaking

A bill must be approved by BOTH houses of Congress before it can go the President to become law

Unit 2.3POWERS IN THE CONSTITUTION

I. Legislative Branch (Article I)

A. Legislative powers: make the laws1. Session- time Congress meets2. Special session- can be called by the President

B. House of Representatives1. “house of the people”-

elected by the citizens of a state

2. 435 members term is for 2 years

3. Qualifications- 25 years old, citizen for 7 years, live in state and district

4. Speaker of the House- head of party in power and overseer of house

NC representative, Robert Pittenger

C. Senate1. “house of the states” –

originally elected by state legislatures, since the 17th Amendment –elected by the people

2. 100 members -2 per state

3. term is 6 years (1/3 elected every 2 years)

4. Qualifications- 30 years old, citizen for 9 years, live in state

NC’s U.S. Senators

5. Senate Pro Tempore –oldest serving senator of the party in power (president of the senate when the vice-president in absent)

6. Vice-President is “president” of Senate- Only votes when there is a tie

D. Powers of Congress1. Enumerated : Specifically stated powers

a. Tax and budget (power of the purse)b. Regulate interstate and international commercec. Immigrationd. Coin moneye. Approve nominations for courts, ambassadors, etc.f. Issue patents and copyrightsg. Establish Inferior courts to Supreme Courth. Declare wari. Raise an army and navyj. Regulate federal land & Washington, D.C. (our

nation’s capital)k. Impeach the president & federal judges

E. Implied Powers- powers not specifically stated

1. “Necessary and Proper clause” a. Also known as the “Elastic clause”b. allows Congress to make laws so it can act

on enumerated powersc. examples:

1. creation of executive agencies (Food & Drug Administration)

2. New branches of the military (Air Force)

3. Regulation of the economy (Banking/Stock market)

F. Powers DENIED to congress a. Congress cannot tax exports b. Congress cannot suspend writ of Habeas

Corpus- no law can be passed preventing a person from being present at their own trial

c. Congress cannot pass Ex Post Facto Laws- laws making an action it a crime after it was done.

d. Congress cannot pass Bills of Attainders- laws that punish a person without trial

Warm Up

1. What are three enumerated powers of Congress?

2. What is a ‘bill of attainder’ ?

3. What does it mean ‘to suspend writ of habeas corpus’?

Unit 2.3 The Executive Branch

II. Executive Branch (Article II)

enforces the lawA. Chief Executive1. appoints top level officials (Cabinet)

with “the advice and consent of Senate”2. running of the government

bureaucracy)

B. Chief Diplomat1. make treaties (formal agreements

with other countries) with 2/3 of Senate

2. Recognition- formally acknowledges another country

3. send and receive ambassadors

C. Commander –in- Chief1. civilian in charge of

military2. only Congress “declare

war”3. War Powers Act-

reaction to Vietnama. Notify Congress to

send troops abroadb. End conflict in 60

days (30 day extension)

c. Joint resolution of Congress

4. Create a budget for Congressional approval

5. “take care” that laws are “faithfully executed”

6. Approve or veto legislationa. Veto -denyb. Approvec. Do nothing (for 10 days)

If Congress is not in session: Pocket Veto- bill dies

If Congress is in session: bill passes

E. Judicial powers1. Nominates federal judges2. Pardon- relieve all charges3. commutation- reduce a sentence4. reprieve-delay from death penalty-

Federal cases only

What is Alexander Hamilton describing?

It was desirable that the sense of the people should operate in the choice of the person (for president) to whom so important a trust was to be confided. This end will be answered by.…..A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated [matters].

Federalist no. 68

Warm UpWhat does this mean to you?In order to be successfully

educated, all students have the right to necessary and useful school supplies

Unit 2.2 The Judicial Branch

III. Judicial Branch (Art. III)

A. Jurisdiction- allows a court to hear the case

B. Original Jurisdiction- a specific court MUST hear that case

1. conflicts between states are settled by the U.S. Supreme Court

C. Appellate Jurisdiction- only hear appeal of case

1. Appeal- reviewing a lower court’s ruling

1. Long, difficult appeal process2. Supreme Court chooses the cases

they hear

D. Judicial Review1. Supreme Court’s power

to decide the Constitutionality of a law

1. Made by the legislative branch

2. Made by executive order

2. Marbury v. Madison, 1801 -established this precedent

1. First Supreme Court case

E. Dual Hierarchy Court System 1. cases concerning state laws are

decided in the courts of each state

2. cases concerning federal laws are decided in U.S. courts

NC Supreme Court

NC Appeals Court

NC Trial Courts*Superior*District

Warm Up Mrs. Cerbone married Mr. Cerbone in New

York in 2000. When they moved to NC eight years ago they did not need to get a marriage license in the state of North Carolina. Why is this case?

Winston Goldstein loves cheap gas. He drives from his house in Charlotte to South Carolina every week to fill his car up. Why is he able to use his NC driver’s

license to drive in SC?

The 3 Branches at the State Level- North Carolina I: Legislative Branch: Called the

General Assembly House and Senate 120 members serve 2 yr. terms in the House 120 districts with approx. 67,000 residents.

50 Senators at the state level Serve 2yr terms- 25 yrs of age Lt. Governor is President of the Senate- limited

power –only votes to break a tie

Take a look at the Map

120 State House districts

II: The Executive Branch Governor and Lt. Governor Serve 4 yr. terms no more than 2 consecutive Do not run on the same ticket- can haveA governor from one party and Lt. Gov. fromanother. Governor has line-item veto power Line item veto: can veto onePart of the bill and the rest of theBill stays intact. Gov. can pardon, reprieve, Commute sentences

Executive Branch

Governor works with Council of State ( elected officials by the people) to run the state.

Proposes a budget to General Assembly

Checks and Balances: Can veto legislation Can Pardon Criminals Can appoint state judges if vacancy occurs

before term is up Has the line item veto

III: Judicial Branch

North Carolina Supreme Court: highest court in the State

Hears only cases involving Constitutional rights and issues

No criminal trials 6 Justices and 1 Chief Justice All state judges are elected by the people 8 yr. term Mark Martin = Chief Justice

UnitaryGovernment Federalism Confederate

Government

Powerful central govt Powerful state govts

State & national

government share power

I. Types of GovernmentsA. Unitary –National government

onlyB. Confederate –State governments

have great power, give only a little power to a national government1. like the U.S. under The

Articles of ConfederationC. Federalism –sharing of power

between the national & state governments

II. Our Federal SystemReserved Powers- powers reserved specifically for the states

1. Regulate marriage and divorce, public schools, liquor laws

2. full faith and credit clause- each state must recognize the laws, decisions of other states

Concurrent Powers- powers both national and state gov’ts have

ex: collect taxes, crime and punishmentDelegated Powers/expressed- powers held by Fed gov’t only

ex: Declare War, coin money, regulate trade

Complete the graphic organizer using p. 89 and your notes

Delegated Powers

Reserved Powers

Concurrent Powers