Chapter 5: Citizenship Chapter 5: Citizenship and Constitutionand Constitution

Learning Goal…Learning Goal…

What are the three types of powers given What are the three types of powers given to the Central and State governments?to the Central and State governments?

What are the 3 Branches of Gov’t, and What are the 3 Branches of Gov’t, and what makes up each branch?what makes up each branch?

Understanding the ConstitutionUnderstanding the Constitution

Our government had a Our government had a Federal SystemFederal System it divides power between the states it divides power between the states and the federal gov’t. and the federal gov’t.

Washington D.C. Sacramento, CA

It has 3 types of powersIt has 3 types of powers

1.1. Delegated powersDelegated powers – powers assigned – powers assigned to the national govt.to the national govt. include right to coin money and regulate include right to coin money and regulate

tradetrade ““elastic clauseelastic clause” – Congress may “make all ” – Congress may “make all

Laws which shall be necessary and Laws which shall be necessary and proper”proper” This clause is used to deal with new and This clause is used to deal with new and

unexpected issuesunexpected issues

2.2. Reserved powersReserved powers – these are powers kept – these are powers kept by the statesby the states

include creating local govt. / holding elections / include creating local govt. / holding elections / running schoolsrunning schools

3.3. Concurrent powersConcurrent powers – powers shared by – powers shared by both state and federal govt.both state and federal govt.

include taxing, borrowing money, enforcing include taxing, borrowing money, enforcing lawslaws

The 3 Branches of Govt.The 3 Branches of Govt.1.1. Legislative Branch Legislative Branch

– Congress– Congress

2.2. Executive Branch Executive Branch – President– President

3.3. Judicial Branch Judicial Branch

– – Supreme CourtSupreme Court

Legislative Branch - CongressLegislative Branch - Congress Article I of the Constitution defines this branchArticle I of the Constitution defines this branch BicameralBicameral

SenateSenate House of RepresentativesHouse of Representatives

Senate

House of Representatives

Senate Senate

2 members per state2 members per state 50 states x 2 members =100 total50 states x 2 members =100 total

Serve 6 year termsServe 6 year terms Requirements:Requirements:

30 years old30 years old U.S. citizen for 9 yearsU.S. citizen for 9 years Live in the state they representLive in the state they represent

U.S. Vice President serves as president of U.S. Vice President serves as president of the Senate and votes to break tiesthe Senate and votes to break ties

House of Representatives House of Representatives

U.S. Census determines number or reps. U.S. Census determines number or reps. per state per state this is called apportionment this is called apportionment

Serve 2 year termsServe 2 year terms Requirements:Requirements:

25 years old25 years old U.S. citizen for 7 yearsU.S. citizen for 7 years Live in the state where electedLive in the state where elected

Separation of powers – What does Separation of powers – What does Congress do?Congress do?

1.1. Writes the lawsWrites the laws

2.2. Confirms Presidential appointmentsConfirms Presidential appointments

3.3. Approves tradesApproves trades

4.4. Grants moneyGrants money

5.5. Declares warDeclares war

Executive Branch – President Executive Branch – President

Article II lists the Article II lists the presidential powerspresidential powers

Requirements:Requirements: Native born U.S. citizenNative born U.S. citizen 35 years old35 years old U.S. resident for 14 yearsU.S. resident for 14 years

Serves 4 year term, with Serves 4 year term, with a max of 2 termsa max of 2 terms

Separation of Powers – What does the Separation of Powers – What does the President do?President do?

1.1. Proposes laws Proposes laws

2.2. Administers the lawsAdministers the laws

3.3. Commands the armed forcesCommands the armed forces

4.4. Appoints ambassadors and other officialsAppoints ambassadors and other officials

5.5. Conducts foreign policyConducts foreign policy

6.6. Makes treatiesMakes treaties

Judicial Branch – Supreme Judicial Branch – Supreme CourtCourt

Article III generally outlines Article III generally outlines the courts dutiesthe courts duties

Interprets the Constitution and Interprets the Constitution and other lawsother laws

Reviews lower-court decisionsReviews lower-court decisions

Justices are appointed for lifeJustices are appointed for life District Court District Court Court of Court of

Appeals Appeals U.S. Supreme U.S. Supreme CourtCourt

9 Justices sit on the Supreme Court9 Justices sit on the Supreme Court

Current Chief Justice – Current Chief Justice – John RobertsJohn Roberts

Current Associate Current Associate Justices: – Justices: – John Paul John Paul StevensStevens, , Antonin Antonin ScaliaScalia, , Anthony M. Anthony M. Kennedy,Kennedy, Clarence Clarence Thomas,Thomas, Ruth Bader Ruth Bader Ginsburg,Ginsburg, Stephen Stephen G. Breyer,G. Breyer, Samuel A. Samuel A. Alito,Alito, Sonia Sonia Sotomayor.Sotomayor.

1st African American 1st African American – Thurgood Marshall– Thurgood Marshall

1st Woman – Sandra 1st Woman – Sandra Day O’ConnorDay O’Connor

Checks and Balances (see G.O.) Checks and Balances (see G.O.)

Legislative Branch - Checks on:Legislative Branch - Checks on: Executive BranchExecutive Branch

May reject appointmentsMay reject appointments May reject treatiesMay reject treaties May withhold funding for presidential initiativesMay withhold funding for presidential initiatives May impeach presidentMay impeach president May override a vetoMay override a veto

Judicial BranchJudicial Branch May propose constitutional amendments to May propose constitutional amendments to

overrule judicial decisionsoverrule judicial decisions May impeach Supreme Court JusticesMay impeach Supreme Court Justices

Checks and BalancesChecks and Balances

Executive Branch - Checks on: Executive Branch - Checks on: Legislative BranchLegislative Branch

May adjourn Congress in certain May adjourn Congress in certain situationssituations

May veto billsMay veto bills

Judicial BranchJudicial Branch Appoints judgesAppoints judges

Checks and BalancesChecks and Balances

Judicial Branch - Checks on:Judicial Branch - Checks on: Executive Branch:Executive Branch:

May declare executive actions May declare executive actions unconstitutionalunconstitutional

Legislative Branch:Legislative Branch: May declare laws unconstitutionalMay declare laws unconstitutional

Amendments to the Amendments to the ConstitutionConstitution

11stst Amendment: Amendment: (1791) (1791) guarantees guarantees freedom of speech, press, religion, assembly freedom of speech, press, religion, assembly and petition.and petition.

22ndnd Amendment: Amendment: (1791) (1791) guarantees guarantees the right to each citizen to bear arms.the right to each citizen to bear arms.

33rdrd Amendment: Amendment: (1791) (1791) guarantees that guarantees that govt. cannot house soldiers in homes of govt. cannot house soldiers in homes of private citizens, without their consent, during private citizens, without their consent, during peacetime.peacetime.

44thth Amendment: Amendment: (1791) (1791) protects protects citizens from unreasonable searches and citizens from unreasonable searches and

seizures (must have a warrant).seizures (must have a warrant).

55thth Amendment: Amendment: (1791) (1791) guarantees guarantees citizens cannot be deprived of Life, Liberty citizens cannot be deprived of Life, Liberty and or Property without due process of law and or Property without due process of law (double jeopardy).(double jeopardy).

66thth Amendment: Amendment: (1791) (1791) guarantees due process of law.guarantees due process of law.

77thth Amendment: Amendment: The accused has a The accused has a right to trial by jury.right to trial by jury.

88thth Amendment: Amendment: (1791) (1791) protects protects citizens from unreasonable bail and cruel and citizens from unreasonable bail and cruel and

unusual punishment.unusual punishment.

99thth Amendment : Amendment : Allows courts and Allows courts and Congress to decide other basic rights Congress to decide other basic rights

of citizens.of citizens.

1010thth Amendment : Amendment : Any powers not Any powers not given to the federal govt. belong to the given to the federal govt. belong to the

states.states.