Goal 2 ReviewGoal 2 Review

What you MUST know about the What you MUST know about the Constitution and the National Constitution and the National GovernmentGovernment

Organization of the Organization of the ConstitutionConstitution

Begins with the Begins with the PREAMBLEPREAMBLE Lists the 6 purposes of Lists the 6 purposes of

governmentgovernment Begins “We the People”Begins “We the People”

An example of Popular An example of Popular SovereigntySovereignty

Article I:Article I: Legislative Legislative Branch (Congress)Branch (Congress)

Article II:Article II: Executive Executive Branch (President)Branch (President)

Article III:Article III: Judicial Judicial Branch (Supreme Court)Branch (Supreme Court)

Clauses of the Clauses of the ConstitutionConstitution

Necessary and Proper ClauseNecessary and Proper Clause A.K.A. Elastic ClauseA.K.A. Elastic Clause Gives Congress Implied PowersGives Congress Implied Powers

Allows Congress to do all things Allows Congress to do all things “necessary and proper” to get their job “necessary and proper” to get their job donedone

Supremacy ClauseSupremacy Clause Constitution is supreme law of the landConstitution is supreme law of the land

Followed by federal then state lawsFollowed by federal then state laws Allows Supreme Court to declare state Allows Supreme Court to declare state

laws to be unconstitutionallaws to be unconstitutional

Full Faith and Credit ClauseFull Faith and Credit Clause States must recognize the records of States must recognize the records of

other statesother states Example: drivers licenses, marriage Example: drivers licenses, marriage

certificatescertificates

PowersPowers Expressed, Enumerated, or Expressed, Enumerated, or

Delegated PowersDelegated Powers Powers given exclusively Powers given exclusively

to the federal government to the federal government in the Constitutionin the Constitution

Given in Article I of the Given in Article I of the ConstitutionConstitution

Example: declare warExample: declare war Reserved PowersReserved Powers

Powers given to the state Powers given to the state governmentsgovernments

Given in 10Given in 10thth Amendment Amendment Example: conduct Example: conduct

electionselections Concurrent PowersConcurrent Powers

Powers shared between Powers shared between the federal and state the federal and state governmentsgovernments

Example: collect taxesExample: collect taxes

Levels of Government Levels of Government

Federal Federal GovernmentGovernment National governmentNational government Only 1/ supreme Only 1/ supreme

powerpower State GovernmentsState Governments

50 50 Local GovernmentsLocal Governments

CountiesCounties CitiesCities

Cases dealing with the Cases dealing with the ConstitutionConstitution

Marbury v. MadisonMarbury v. Madison Established Established Judicial ReviewJudicial Review

Supreme Court’s authority to declare a law or Supreme Court’s authority to declare a law or presidential action unconstitutionalpresidential action unconstitutional

Gibbons v. OdgenGibbons v. Odgen Congress has the sole authority to regulate Congress has the sole authority to regulate

interstate commerceinterstate commerce McCulloch v. MarylandMcCulloch v. Maryland

Implied powers are OKImplied powers are OK

Legislative BranchLegislative Branch

Established in Article IEstablished in Article I Bicameral legislatureBicameral legislature

Senate: 2 per stateSenate: 2 per state House of Reps: based on House of Reps: based on

populationpopulation Census taken every 10 years Census taken every 10 years

to determine populationto determine population Redistricting:Redistricting: redrawing redrawing

political lines to be sure that political lines to be sure that areas are represented areas are represented appropriatelyappropriately

Gerrymandering:Gerrymandering: illegal use illegal use of redistricting where lines are of redistricting where lines are redrawn to give a group or redrawn to give a group or party unfair amounts of powerparty unfair amounts of power

Legislative Branch Legislative Branch continuedcontinued

Powers Denied to CongressPowers Denied to Congress Passing Passing Bills of AttainderBills of Attainder

You can not be punished with out a trialYou can not be punished with out a trial

Suspending the Suspending the Writ of Habeas CorpusWrit of Habeas Corpus You must be brought to court and told why you You must be brought to court and told why you

are being heldare being held

Passing Passing Ex Post Facto LawsEx Post Facto Laws You can not be charged with something that was You can not be charged with something that was

not illegal at the time of the actionnot illegal at the time of the action

Legislative Branch Legislative Branch continuedcontinued

Franking PrivilegeFranking Privilege: : Congressmen can send work Congressmen can send work related mail for freerelated mail for free

Committee SystemCommittee System Increases the speed and Increases the speed and

efficiency of the law efficiency of the law making processmaking process

Based on Based on seniority systemseniority system People who have been People who have been

in Congress the in Congress the longest have the best longest have the best jobsjobs

You get to be a You get to be a committee chairpersoncommittee chairperson by being on a by being on a committee the longestcommittee the longest

Legislative Branch Legislative Branch continuedcontinued

Only members of the House or Only members of the House or Senate can introduce a billSenate can introduce a bill

Once introduced it goes to a Once introduced it goes to a committee to be examined and committee to be examined and discusseddiscussed

Rules for the House of Rules for the House of Representatives, such as how Representatives, such as how long a rep. can speak, are set by long a rep. can speak, are set by the the House Rules CommitteeHouse Rules Committee

Senators can speak for an Senators can speak for an unlimited time, even off topic, in unlimited time, even off topic, in order to delay a voteorder to delay a vote Called a Called a FilibusterFilibuster Must be ended by a vote for Must be ended by a vote for

ClotureCloture

Executive BranchExecutive Branch Established in Article IIEstablished in Article II President serves as the Chief President serves as the Chief

ExecutiveExecutive Elected by Electoral CollegeElected by Electoral College

We vote for electors when we We vote for electors when we votevote

A candidate needs 270 out of A candidate needs 270 out of 538 electoral votes to win538 electoral votes to win

If no one receives 270, then If no one receives 270, then the House of Reps. votes the House of Reps. votes and chooses the next and chooses the next PresidentPresident

Some people have voter Some people have voter apathy due to Electoral apathy due to Electoral CollegeCollege

Feel their vote does not Feel their vote does not count b/c President is not count b/c President is not chosen by popular votechosen by popular vote

Executive Branch Executive Branch continuedcontinued

If the President and VP can If the President and VP can not full fill their duties, the not full fill their duties, the Speaker of the House Speaker of the House become the Presidentbecome the President

President chooses federal President chooses federal judges, but the Senate must judges, but the Senate must confirm themconfirm them

Has a cabinet to advise himHas a cabinet to advise him Department of Homeland Department of Homeland

Security was most recent Security was most recent Cabinet position addedCabinet position added

Added following terror Added following terror attacks of 9/11attacks of 9/11

Federal Law Enforcement:Federal Law Enforcement:Part of Executive BranchPart of Executive Branch

FBI: Federal Bureau of FBI: Federal Bureau of InvestigationInvestigation Has largest jurisdictionHas largest jurisdiction

ATF: Alcohol, Tobacco, and ATF: Alcohol, Tobacco, and FirearmsFirearms

DEA: Drug Enforcement DEA: Drug Enforcement AgencyAgency

Who investigates drugs:Who investigates drugs: FBIFBI DEADEA State PoliceState Police City PoliceCity Police US Coast Guard if necessaryUS Coast Guard if necessary

Judicial BranchJudicial Branch

Established in Article IIIEstablished in Article III Judicial Review:Judicial Review: power of power of

Supreme Court to declare a Supreme Court to declare a law or action to be law or action to be unconstitutionalunconstitutional

Original Jurisdiction:Original Jurisdiction: 1 1stst court w/ authority to hear a court w/ authority to hear a casecase

Appellate Jurisdiction:Appellate Jurisdiction: ability of court to review a ability of court to review a case from a lower court to case from a lower court to determine if a defendant determine if a defendant received a fair trialreceived a fair trial

Judicial Branch ContinuedJudicial Branch Continued

Types of OpinionsTypes of Opinions Majority OpinionMajority Opinion

Official decision of the Official decision of the courtcourt

Concurring OpinionConcurring Opinion Agrees with the Agrees with the

majority opinion, but majority opinion, but for a different reasonfor a different reason

Dissenting OpinionDissenting Opinion Disagrees with the Disagrees with the

majority opinionmajority opinion