The Three Branches and the Principles of the U.S. Constitution

The Constitution Preamble (lists the goals of the government) Article I: The Legislative Branch Article II: The Executive Branch Article III: The Judicial Branch Article IV: Relations between the States Article V: Amending the Constitution Article VI: The Constitution as the Supreme Law of

the Land Article VII: Ratifying the Constitution Amendments (27 total – The first ten are known as the

Bill of Rights)

The Preamble(lists the goals of the U.S. government)

We the People of the United States,in order to form a more perfect Union,establish Justice,insure domestic Tranquility,provide for the common Defense,promote the General Welfare, andsecure the Blessings of Libertyto Ourselves and our Posterity,do ordain and establish this Constitutionfor the United States of America.

Understanding the Preamble “We the People of the United States”

means that the power of government comes from the people.

“In order to form a more perfect Union” means that the Constitution was created to make the nation stronger and more unified, something lacking in the Articles of Confederation.

“Establish Justice” means to create law and order.

“Insure domestic Tranquility” means to make sure that there is peace.

Understanding the Preamble “Provide for the common Defense”

means to provide protection for the American people.

“Promote the General Welfare” means to promote prosperity for all.

“Secure the Blessings of Liberty” means to secure the freedoms of Americans.

“To Ourselves and our Posterity” means for ourselves and future generations (our children).

The Three Branches of Government

The Three Branches of GovernmentArticle Branch Building Consists of Main Job

Article I

Congress (House of Representatives & the Senate)

Makes the Laws

Article II

President & his Cabinet (group of advisors)

Carries out (enforces, executes) the laws

Article III

Supreme Court & a system of lower courts

Interpret the laws (resolves disputes, rules on the Constitution)

Legislative Branch (Article 1) Senate and House of Representatives Main Job: Make our laws Appropriate (distribute) Money Regulate Immigration Establish Post Offices and Roads Regulate Interstate Commerce and

Transportation Declare War

The founding fathers considered it to be the most important of the three branches, which is why it comes first in the Constitution.

Legislative Branch

A Tale of Two Houses Congress is bicameral (having two law-making

parts) because of an agreement reached between the large states and the small states at the Constitutional Convention.

That agreement, known as the Great Compromise, balanced the desires of the small states (which wanted equal representation for all states) with the desires of the large states (which wanted representation based on state population).

The result was the Senate (equal representation of two senators from every state) and the House of Representative (with representation based on population)

The Senate

Known as the upper house of Congress Two senators from every states (100 total) Must be at least 30 years old Serve six-year terms No limit to how many times they can be re-

elected

Your Senators for PA

Bob Casey Pat Toomey

The House of Representatives

Known as the lower house of Congress Number of representatives for every state is

determined by state population (California has the most with 53)

435 Members total Must be at least 25 years old Serve two-year terms No limit to how many times they can be re-elected

Your Congressman

Pennsylvania's 161st Legislative District- JOE HACKETT

Executive Branch (Article II)

The President of the United States Cabinet (President’s group of advisors) Main Job: Execute (carry out) the laws Approves legislation passed by Congress

The President Chief Executive Chief of State Chief Legislator Commander in Chief Elected through the Electoral College Serves a four-year term Can only be re-elected once Must be a U.S. born citizen Must be at least 35 years old Must be a resident of the U.S. for 14 years

The President’s Cabinet

President’s group of advisors (appointed) Responsible for overseeing the operation of

the national government There are fifteen departments of the federal

government, each is headed by a cabinet member (referred to as a “Secretary”)

The Obama Cabinet (To see what they do, click here and scroll down to their pictures)

President Obama is meeting here with his Secretary of State, Hillary Clinton. She advises him on foreign affairs.

Judicial Branch (Article III)

Supreme Court and other Federal Courts Main jobs:

1. Preserve and protect the rights guaranteed by the Constitution

2. Considers cases involving national laws

3. Declares laws and acts “unconstitutional”

Supreme Court

Ultimate authority on what is or isn’t allowed by the Constitution

Appointed by the President Approved by the Senate Consists of nine judges Serve for life (or until they decide to retire)

Constitutional Principles

Popular Sovereignty The people hold the ultimate authority A representative democracy lets the people

elect leaders to make decisions for them. Therefore, popular sovereignty is necessary

in any democracy.

Limited Government

The principle of limited government exists in the Constitution because the framers wanted to guard against tyranny and protect individual rights.

Government is limited to the power given them in the Constitution.

The Constitution tells how leaders who overstep their power can be removed (for example: the President can be impeached by the House of Representatives and be found guilty by the Senate)

Federalism The division of

power between State and National Governments

Some powers are shared

The National Government has the “supreme power”

Separation of Powers

No one holds “too much” power Legislative branch makes the laws Executive branch carries out the laws Judicial branch interprets the laws

Checks and Balances

This system allows each branch of government to limit the powers of the other branches.

It prevents the abuse of power in government.

Each branch can check (counter) each other branch, allowing for a balance of power.

Checks and Balances

Legislative Checks Override president’s veto Ratify treaties Confirm executive appointments Impeach federal officers and judges Create and dissolve lower federal courts

Impeachment Impeach means “to formally accuse an official

of a crime related to official duties.” Impeachment is the process of accusing an

official of a crime. As part of the Constitution’s system of checks

and balances, the House of Representatives can impeach the President of the United States.

After impeachment, the President is put on trial before the Senate. Senators act as a jury to determine his guilt with the chief justice of the Supreme Court serving as the judge in the case.

If two-thirds of the Senate find him guilty, then the president is removed from office.

Impeachment Of our nation’s forty-four

presidents only two (Andrew Johnson and Bill Clinton) have ever been impeached.

Richard Nixon resigned (quit) from office before he was impeached.

Neither Johnson or Clinton were removed from office by the Senate.

In Johnson’s case, one more vote in the Senate against him would have reached the two-thirds majority needed, so removal was very close in his case.

Executive Checks

Propose laws to Congress Veto laws made by Congress Negotiate foreign treaties Appoint federal judges Grant pardons to federal offenders

Presidential Power of Veto

As part of the system of checks and balances, the president has the ability to veto (reject) bills passed by Congress.

Congress can override a presidential veto with a two-thirds majority in both the House of Representatives and the Senate.

Judicial Checks Declare executive acts unconstitutional Declare laws unconstitutional Declare acts of Congress unconstitutional The Supreme Court holds the final check

Amendment Process In order to make the Constitution more

flexible, the founding fathers included a process that allows the Constitution to be changed (amended).

There have only been 27 amendments to the Constitution, with the first ten (the Bill of Rights) coming immediately after the Constitution was ratified.

This amendment process is described in Article V of the Constitution.

There are four ways in which the Constitution can be change.

How a bill becomes a law? To become a law, a bill must pass

both houses of Congress and be signed by the president.

If the president vetoes it, it can still become a law with a two-thirds majority vote by both houses Congress.

Members of both the House of Representatives and the Senate can propose bills, so a bill can start out in either house.

However, bills involving money must begin in the House of Representatives.

Political Parties The Constitution doesn’t

mention political parties at all.

The first two American political parties were formed by Alexander Hamilton and Thomas Jefferson.

Political Parties Hamilton and Jefferson were two of our

nation’s greatest founding fathers. Although the two often didn’t get along

because of their differing political views, both served in our nation’s first presidential cabinet, advising our nation’s first president, George Washington.

Hamilton founded the Federalist Party. Jefferson founded the Democratic-

Republican Party.

Political Parties

Political parties select most candidates for office today.

There are two main political parties in the U.S., the Republican Party and the Democratic Party.

Overall support for one party over the other shifts based on how displeased the American people are with the way things are going in the country.

Displeasure over the economy and the wars in Iraq and Afghanistan helped the Democrats gain control of both the legislative (Congress) and executive (the President) branches.

Political Party Participation Political parties represent one of the most

common ways in which Americans participate in the political process.

When Americans register to vote (fill out applications), they have an opportunity to choose which political party they want to join. They can switch parties whenever they choose or decide not to join a political party at all.

If you don’t join a political party, then you are identified as an independent voter.

Number of Members Nationwide

Compared to Democrats, Republicans are more likely to be: Male White Older Married College Educated Higher Income (wealthier) Christian Living in the South or Mountain West

Compared to Republicans, Democrats are more likely to be: Female Racial Minority Younger Divorced or unwed Lower Income (less wealthy) Varied religious backrounds Living in the Northeast and Pacific Coast

Interest Groups They represent

another common way for Americans to participate in the political process.

Interest groups are organizations that actively promote the views of some part of the public on specific issues.

They rally public opinion, work to elect candidates to office, and try to persuade lawmakers to take actions they favor

Interest Groups There are interest groups for

almost any issue people might care about.

Some interest groups represent businesses, industries, and workers.

Some interest groups represent groups of people, such as churchgoers, women, or minorities.

Some are organized around issues, such as the environment or health care.