Article I
Deals with the powers and responsibilities of the legislative branch. The longest section of the constitution – this branch has the most powers and responsibilities.
Why did the founders create a bicameral legislature?
Historical – British parliament was bicameral
*Practical – bicameral legislature was necessary to fulfill the Great Compromise
*Theoretical – wanted checks and balances in the legislative
Describe differences between the House and the Senate.
House: Two year terms, all can be reelected at the same time, elected by popular vote, has the power of impeachment and creating bills for raising revenue, seats are apportioned
Senate: Six year terms, 1/3 up for election every two years, elected by popular vote (but used to be state legislatures), has the power to try all impeachments, seats are equal (Two for each state)
How are seats in the House decided?
Based on census data. These are done every 10 years, so usually seats are reapportioned every new decade.
Term
The length of time that officials serve after an election
Session
One-year regular period of time during which Congress conducts business. Congress adjourns, or suspends until the next session. Only the president may call Congress into a special session.
Main powers of the legislative branch
Raise taxes, borrow (and coin) money, regulate interstate commerce, establish a process for naturalization, declare war, establish court system, oversight of the executive branch
Necessary and Proper Clause (Elastic Clause)
Gives congress the power to make any laws that are necessary and proper for carrying out their enumerated powers. Leads to implied powers
Article II
Deals with the powers and responsibilities of the Executive Branch.
How is the president elected?
The citizens do a popular vote and (conventionally) a state’s electorates will vote in the way that the majority of the people voted. Maine and Nebraska are the only states to split their electoral votes.
*A state’s number of electors = # of representatives + senators
Main powers of the president
Commander in chief of military, establish cabinet, pardon criminals, make treaties (With senate approval), appoint ambassadors and judges
What are the duties of the president?
- State of the union address
- Call Congress into emergency session
- Faithfully execute laws
What does Article II, section 4 of the constitution outline?
The process for impeaching the President, Vice President, and all civil Officers of the United States
Article III of the Constitution
Outlines the powers and structure of the Judicial Branch.
What is the main job of the Judicial Branch?
Interpret the laws, protect the Constitution
What new power did the Judicial Branch gain through the case of Marbury v. Madison?
Judicial Review – the power to “review” laws from Congress and declare them unconstitutional, thereby nullifying them.
Supremacy Clause
Established that federal legislation was the “Supreme Law of the land”. In other words, it was above state legislation and all citizens must abide by it.
What is the process for becoming a Federal Justice?
Be nominated by the president and then confirmed by the Senate
How long do supreme court justices serve?
Life terms (or “good behavior”)
Describe the three levels of Judiciary courts.
District courts – Federal courts that cover several states at once
Appellate – Courts where people can appeal a decision of the district court
Supreme Court – highest court. Can appeal an appellate decision
Article IV of the constitution
Establishes the relations among states:
- Each state has to respect the legal action of another state
- States can not discriminate against citizens of another state
- States must agree to split or join
- New states can be added only with the consent of the state and Congress
Denied powers to the states
Can’t coin money, can’t enter treaties, can’t not provide a republican government, can’t harbor criminals
Article 5 of the constitution
Outlines the process for amending the Constitution
What are the two ways to amend the Constitution?
First way: Bill passes both House and Senate by a 2/3rds majority in each. It then must be ratified by 3/4 of the states
Second way (never used): approved by 2/3 of state legislatures, then approved by 3/4 of states (legislatures or conventions)
