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• Power is given to check the Executive and

Judicial branches

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

Requirements to participate in the Legislative Branch

House ofRepresentatives

• 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

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

Power is given to check the Judicial branch

• impeach judges

• approve or reject nominations to the courts

Article II – The Executive Branch

Executive Branch

President

Vice President

President’s Cabinet(VP plus the Heads of 15 Departments)

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

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

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

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.

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

Article III – The Judicial Branch

Establishes our court system

Chief Justice: John Roberts

2010 Supreme Court 1864 Supreme Court

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 reasons1. They die in office

2. They retire

3. They are impeached

What cases are heard by the Supreme Court?

• 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 NOT decide guilt or innocence