The Three Branches

The

Leg

isla

tive

Bra

nch

The Senate The House of Representatives

Makes the laws

Congress

Powers found in Article I

of The Constitution

The E

xecutive Branch

Carries out the laws

President

Vice President

The Cabinet

The Bureaucracy

Powers found in Article II of The Constitution

The

Jud

icia

l Bra

nch

Interprets the laws

Powers found in Article III of The Constitution

The Constitution is the highest law of the land

Our country is based on concept of rule of law. No one is above the law

There are two ways judges and others view the Constitution: Strictly or loosely

The 1st Amendment states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Abridging means to shorten without losing the sense or curtail.  

What does freedom of speech mean to you?

Are you a strict constructionist or a loose constructionist?

Decide by answering the following question.

Does the 1st Amendment clause of “freedom of speech” includeThe Internet?Twitter?Texting?Emails?

These things didn’t exist during the time of the Framers.

What would these guyssay today?

Thomas Jefferson believed in a strict construction of the Constitution; that means, he believed people should follow exactly what was stated and allowed in the document. Anything not given to the federal government in the Constitution would be given to the states and the people.

Alexander Hamilton believed in a loose construction of the Constitution; he thought you could take whatever action you wanted, as long as the document did not specifically say you couldn't do it.

In other words a strict constructionist would feel the need to follow the specific instructions and rules of something, while a loose constructionist would feel it was acceptable to find a loophole, or do something not directly forbidden

Roe v. Wade is the historic Supreme Court decision overturning a Texas interpretation of abortion law and making abortion legal in the United States. The Roe v. Wade decision held that a woman, with her doctor, could choose abortion in earlier months of pregnancy without restriction, and with restrictions in later months, based on the right to privacy.

Strict or Loose Constructionist

All state laws limiting women's access to abortions during the first trimester of pregnancy were invalidated by Roe v. Wade. State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman. Roe v. Wade legalized abortion in the United States, which was not legal at all in many states and was limited by law in others.

The case decision was based on the 9th Amendment. The Court said the 9th Amendment protected a person’s right to privacy. Read the 9th Amendment and see what you think.

Strict or Loose Constructionist

The U.S. Supreme Court's 5-4 decision overturning Washington, D.C.'s handgun ban is the biggest gun rights ruling since the Second Amendment was ratified in 1791. The Court had not waded into this divisive issue since 1939, when it declared, "We cannot say that the Second Amendment guarantees the right to keep and bear" arms. But on Thursday the Court broke its silence to do just that, ruling for the first time that the Constitution confers an individual right to gun ownership beyond providing for "a well regulated Militia," as the amendment states. The Constitution does not permit "the absolute prohibition of handguns held and used for self-defense in the home," Justice Antonin Scalia, the court's arch-conservative, wrote in the majority opinion.

Time Magazine article from June 2008

You decide!

In 1808, the government of New York granted a steamboat company a monopoly to operate its boats on the state's waters, which included bodies of water that stretched between states. Aaron Ogden held a license under this monopoly to operate steamboats between New Jersey and New York. Thomas Gibbons, another steamboat operator, competed with Aaron Ogden on this same route but held a federal coasting license issued by an act of Congress. Ogden filed a complaint in New York court to stop Gibbons from operating his boats, claiming that the monopoly granted by New York was legal even though he operated on shared, interstate waters. Gibbons disagreed arguing that the U.S. Constitution gave Congress the sole power over interstate commerce. After losing twice in New York courts, Gibbons appealed the case to the Supreme Court. The Supreme Court determined that the commerce clause of the Constitution grants the federal government the power to determine how interstate commerce is conducted.

Strict or Loose Constructionist

Huh???

Which branch of government is mainly responsible for passing laws, approving budgets, and approving appointments of officials?

Which branch of the national government is the U.S. Congress in?

The Supreme Court hears important legal cases, and has the power of "judicial review."  That means the Supreme Court has the power to declare a law ____________. 

Which branch of government is mainly responsible executing the laws, preparing budgets, administering government agencies, and appointing officials?

Which branch of the national government is the president the head of?

Which Supreme Court case declared abortion is illegal?

Someone who follows the Constitution word for word and does not interpret what it is meant say is known as a _______________________________

What does “rule of law” mean?

What is meant by domestic tranquility?

The Preamble includes the phrases “establish justice” and “secure the blessings of liberty. ” The Pledge of Allegiance contains the words, “with liberty and justice for all.”What do the terms liberty and justice mean to you?

delegated – These powers are also called expressed or enumerated powers.

They are directly granted to the federal government by the Constitution in Article I,

Section 8.

reserved – powers that are neither granted to the federal government nor expressly forbidden to the states and are therefore retained by the states or by the people. 10th Amendment.

Powers of Government

Federal Powers State Powersconcurrent – powers held by both the federal and state governments.

implied (necessary and proper clause, elastic clause) – the powers granted to the federal government in Article I, Section 8, Clause 18, of the Constitution. Congress is given the power to make all laws “necessary and proper” to carry out its responsibilities. Aka the elastic clause because it gives Congress powers that can be reasonably inferred from the brief wording of its expressed powers.

Implied Powers

What is an example of an necessary and proper law?

These are the powers expressly denied to the federal

government in Article I, Section 9 and in the First through

Eighth Amendments; for example, the federal government

can not tax goods sold to other countries, nor can it pass

laws that significantly restrain our constitutional rights and

liberties.

Denied Powers

Denied Powers

Suspension of habeas corpusBills of AttainderEx post facto laws

Habeas Corpus

A court order

commanding an

officer holding a

prisoner bring the

prisoner before the court.

The officer must show good cause in order to hold the prisoner

longer.

Bills of Attainder

Inflicting punishment without a court trial.Remember a personis due a speedy andpublic trial.

Ex post facto laws

Punishing

someone for

an act before

the act was

ruled a crime

Which of the Bill of Rights reflect these denied powers of government?

Reserved Powers

Powers given to the states, among these are:LicensingMarriage and divorce lawsDrinking ageSet up public school systems

What are some other powers states have that the Federal government does not?

Supremacy Clause

Supremacy Clause- Article VI, Section 2 of the Constitution,

establishes two principles. The federal government is superior

over all state and local governments. It also establishes the

Constitution as the “supreme law of the land,” making it

superior over all levels of government in the United States.

Some terms to know and apply

Preamble to the Constitution purposes of governmentdomestic tranquility common defense general welfare justice liberty Governmental powers:delegated concurrent reserved implied (necessary and proper clause, elastic clause) denied

Limits on government:checks and balancesseparation of powers federalism judicial review consent of the governed popular sovereigntystates’ rights due process

Some terms to know and apply