We the People Lesson 15 How did the Framers resolve the conflict about powers of the legislative branch?
The Capitol Building
How much power should Congress have? Framers agreed stronger Nat l gov t needed But, they were suspicious of central gov t and executive power How much power should each branch of gov t have? Problem: need strong gov t but not too strong
How should the Constitution be written to give power to Congress? Use general language: Congress shall have power to make all laws necessary Use specific language: write down exactly what powers the Congress would have This would create a gov t of enumerated powers Enumerated powers are specifically listed in a constitution Solution: use both general and specific
What are the enumerated powers of Congress? Article I establishes the legislative branch-it makes up more than half of the Constitution Article I, Section 8 lists 17 enumerated powers given to Congress Tax Borrow money Regulate commerce Coin money Declare war Raise and support army and navy
What are the general powers of Congress? Article I, Section 8 also includes two general statements of power: The general welfare clause: provide for the common defense and general Welfare of the United States The necessary and proper clause: make all laws which shall be necessary and proper for carrying out the other powers
What limits are there on the powers of Congress? Article I, Section 9 prohibits Congress from: Banning the slave trade before 1808 Suspending the writ of habeas corpus except in emergencies Passing ex post facto laws-laws that make an act a crime even though legal at time of act Passing bills of attainder-law that declares a person guilty of violating law and sets punishment w/o trial Granting titles of nobility
How do the other branches check the power of Congress? House and Senate check each other-passing laws Executive branch can check Congress by not approving a law passed (veto) Congress can override the veto if 2/3s majority in both houses approve US Supreme Court can declare laws made by Congress unconstitutional (a law or action not permitted by the Constitution)
We the People Lesson 16 How much power should be given to the executive and judicial branches?
The White House
What challenges did the Framers face in creating the executive branch? In 1787, Americans still angry about king and royal governors Executive branch had to be created with power to carry out responsibilities but not overpower other branches or take away rights of people
What powers does the Constitution give to the executive branch? Article II creates the executive branch Powers given to President: Enforce laws made by Congress Make treaties with foreign nations Appoint gov t officials Commander in chief of armed forces Veto laws passed by Congress
How does the Constitution limit the powers of the executive branch? Executive branch shares most powers with Congress: Appointments-Senate must confirm appointments to gov t jobs Treaties-President negotiates and Senate must approve War-president is Commander in Chief but only Congress can declare war and provide the money to conduct a war Veto-president may veto laws made by Congress but Congress can override with 2/3 vote in both houses House can impeach-bring to trial Senate conducts the trial
The U S Supreme Court Building
What powers does the Constitution give the judicial branch? Article III establishes the judicial branch Judges should be appointed not elected and be independent Judges keep their jobs during good behavior US Supreme Court has two types of jurisdiction (power to hear cases and make decisions) Original jurisdiction-cases go directly to Supreme Court-involve a state gov t or an ambassador Appellate jurisdiction-case is first tried in a lower court, then appealed to Supreme Court
What powers does the Constitution give the judicial branch? Const gives Supreme Court power to overrule state laws that violate the Const=supremacy clause
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