Enumerated Powers

1
Enumerated Powers

• Three Branches of Government are Coequal
• Legislative
• Executive
• Judicial
• Enumerated powers those expressed within the
  Constitution

2
The Legislative Branch
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House of Representatives

• 435 members
• Elected by congressional districts and serve two
  year terms
• Districts are established by the state
  legislatures who every 10 years reapportion them
  to allow for population change.
• Gerrymandering practice of dividing up districts
  to favor your party.
• Qualifications Must be 25, U.S. Citizen for
  seven years, and a resident of your state.

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Senate

• 100 Members
• Serve a six year term.
• Qualifications 30 years of age, U.S. citizen for
  nine years and a resident for a state for which
  they are elected.
• Carl Levin, Debbie Stabenow
• Major Job is to make laws and represent the
  people.

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Gerrymander
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Congressional Powers

• Expressed Powers
• Implied Powers
• Inherent Powers

7
Expressed Powers

• Power to tax
• Borrow Money
• Commerce Power Regulate trade
• Currency Power
• Bankruptcy
• War Powers
• Foreign Relations Powers
• Naturalization
• Postal Power
• Judicial

8
Implied Powers

• Regulate Immigration
• Establish Fed. Reserve
• Regulate certain commodities/Outlaw some
• Minimum Wage
• Ban Discrimination

9
Nonlegislative Powers

• Electoral Powers
• Impeachment
• Executive Powers
• Investigatory Power

10
The Executive Branch

• Formal Job Description Comes from Article II in
  the Constitution
• The Presidents Roles
• Chief of State
• Chief executive
• Commander-in-Chief
• Chief Diplomat
• Chief Legislator
• Party Chief
• Chief Citizen
• Chief Administrator

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Formal Qualifications

• Must be a natural born citizen
• Must be at least 35 years of age
• T.R. was 42 when he became president.
• JFK was youngest elected president at age 43.
• Have lived in the U.S. for at least 14 years.

12
Pay and Benefits

• 1789 salary 25,000
• 2004 400,000, with a 50,000 a year expense
  account.
• Since 1958 each former president gets a lifetime
  pension of 143,800, and widow 20,000 a year.

13
Presidential Succession

• If president dies, resigns, or is removed from
  office, the V.P. becomes president(25th Amend)
• Next, Speaker of the House, President Pro-Tempe
  of the Senate, Secretary of State and by each of
  the heads of other cabinet departments. see chart
  P.323

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Presidents Cabinet

• Sec. of State
• Sec. of Treasury
• Sec. of Defense
• Attorney General
• Sec. of Interior
• Sec. of Agriculture
• Sec. of Commerce
• Sec. of Labor

• Sec. of Health and Human Services
• Sec. of Housing and Urban Dev.
• Sec. of Transportation
• Sec. of Energy
• Sec. of Education
• Sec. of Veterans Affairs
• Homeland Security

15
Flaws

• Person who wins popular vote may not become
  president (2000 election)
• Some dont like the way the electoral votes are
  distributed among the states.
• Electors are supposed to vote by the popular
  vote, but dont always do so.
• Can be decided by the House of Reps, if there is
  a strong third party it may not be decided by
  election day.

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The Presidency in Action

• Must Execute the Law
• Has power to issue executive order
• Has appointing power
• Has Power to make treaties
• Military undeclared war, wartime powers, war
  powers resolution
• Power to recommend legislation
• Power to veto

17
Executive OfficeIndependent Regulatory Agencies

• National Security Council
• Office of management and budget
• Office of national drug control
• Controls FBI and CIA
• Federal Reserve
• Federal Communications Commission

18
Revenue for Federal Government

• Federal Govt. spends more than 200 million an
  hour. Nearly 5 million a minute!
• Power to Tax in this world there is nothing so
  certain but death and taxes. Ben Franklin
• Article I, Section Power to lay and collect
  taxes.

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Limitations

• Taxes must be for public purposes only.
• Must tax in accord with the Constitution.
• Direct taxes must be equally apportioned.
• All duties, imposts, and excises shall be
  uniform throughout the United States.
• McCulloch v. Maryland (1819) Cant tax states or
  their local governments in the exercise of
  government functions, that means federal taxes
  cant be imposed when states provide such things
  as public education and health care.

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The Judicial Branch

• Enumerated Powers found in Article III of the
  Constitution
• The Supreme Court is the Only court specifically
  created in the Constitution.
• It is made up of one chief justice, and eight
  associate justices.
• It is the court of last resort in all cases
  dealing with federal law.

21
Electoral College

• Must have 270 electoral votes to become
  president.
• All states are winner take all except Maine and
  Nebraska.
• Electors meet at the state capital on the date
  set by congress, now the Monday after the second
  Wednesday in December. The ballots are signed,
  sealed sent by registered mail to president of
  the Senate in Washington D.C.

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• Justices are appointed by life by the president,
  but their appointments must be approved by the
  legislative branch.
• Can be impeached by legislative branch.

23
National Courts
24
Jurisdiction

• Authority of a court to hear and decide a case
• A federal court can hear a case if it deals with
  Interpretation and application of a provision of
  the Constitution or in any federal statute or
  treaty.
• A question of admirality or of maritime law.

25
Marbury v. Madison

• Over power of judicial review in 1803.
• The court had the right to declare acts of
  Congress unconstitutional, and so laid the
  foundation for the judicial branchs key role in
  the U.S. system of government.
• Constitution is the supreme law of the land.
• All other actions of government are subordinate
  to and cant conflict with the s.c.
• Judges are sworn to enforce provisions of the
  Constitution.

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Opinions

• Majority Opinion
• Concurring Opinion emphasize a point not made in
  the majority opinion.
• Dissenting Opinion written by justices that
  dont agree with majority opinion.