UNIT 3 FOLDABLES 1 CHECKS BALANCES ONE BRANCH

UNIT #3 FOLDABLES (1) CHECKS & BALANCES: ONE BRANCH OF GOVT LIMITS POWER OF ANOTHER (EX. : PRES. CAN VETO BILLS PASSED BY CONGRESS, SENATE APPROVES/REJECTS PRES. NOMINEES TO COURTS/AGENCIES, SUPREME COURT CAN DECLARE GOVT ACTION UNCONSTITUTIONAL) (2) SEPARATION OF POWERS: EACH BRANCH HAS ITS OWN FUNCTIONS & POWERS (3) FEDERALISM: SHARING OF POWER B/W STATE GOVTS & THE FEDERAL/NATIONAL GOVT (4) JUDICIAL REVIEW: COURTS CAN DECIDE IF LAWS/ACTIONS ARE CONSTITUTIONAL (5) RULE OF LAW: EVEN LEADERS MUST OBEY THE LAW (6) LIMITED GOVT: GOVT OFFICIALS CANNOT ACT IN ANY MANNER THEY WISH (7) POPULAR SOVEREIGNTY: POWER ULTIMATELY LIES W/ THE CITIZENS; IF CITIZENS DON’T APPROVE OF ELECTED OFFICIALS, THEY CAN REPLACE THEM (8) SUPREMACY CLAUSE: CONSTITUTION = SUPREME LAW OF U. S. ; ALL OTHER LAWS

UNIT #3 FOLDABLES (9) EXPRESSED/ENUMERATED POWERS: belong ONLY to NATIONAL GOVT (ex. , coining money, declaring war, INTERSTATE trade) (10) RESERVED/DELEGATED POWERS: belong ONLY to STATE GOVTS (ex. , marriage/divorce laws, INTRASTATE trade, establishing schools) (11) CONCURRENT POWERS: belong to BOTH NATL & STATE GOVTS (ex. , making laws, levying taxes) (12) BILL OF RIGHTS - 1 ST TEN AMENDMENTS - I: freedom of expression (R. A. P. P. S. = religion, assembly, petition, press, speech) - IV: no unreasonable search & seizure - V-VII: rights of accused (no self-incrimination, fair/speedy trial by jury of peers) - VIII: no cruel & unusual punishment - IX: citizens’ rights beyond what is expressly written in Constitution - X: powers not in Constitution nor expressly given to natl govt are DELEGATED to states

UNIT #3 FOLDABLES (13) CONSTITUTIONAL LIMITS ON GOVT: - ESTABLISHMENT CLAUSE (no official govt religion) - NO EX POST FACTO LAWS: govt cannot make laws making past actions illegal - HABEAS CORPUS: accused have to have their day in court (14) ELASTIC CLAUSE - A. K. A. : “NECESSARY & PROPER” CLAUSE or IMPLIED POWERS - CONGRESS HAS POWER TO MAKE LAWS “NECESSARY & PROPER” TO CARRY OUT POWERS EXPRESSLY-WRITTEN IN CONSTITUTION - Ex. : No law about creating Air Force, but Congress allowed to do so as part of its expressed power to support armies

UNIT #3 FOLDABLES (15) PREAMBLE TO CONSTITUTION: - FORM A MORE PERFECT UNION – unite the states to operate for good of nation & all citizens - ESTABLISH JUSTICE – all citizens treated equally under law - INSURE DOMESTIC TRAQUILITY – maintain peace & order, keep citizens from harming each other - PROVIDE FOR THE COMMON DEFENSE – ready to protect citizens from attacks abroad - PROMOTE THE GENERAL WELFARE – help citizens lead healthy, happy, prosperous lives - SERCURE THE BLESSINGS OF LIBERTY TO OURSELVES, AND OUR POSTERITY – guarantee rights to citizens now and in the future (16) AMENDING THE CONSTITUTION: - 2 WAYS: NATIONAL CONVENTION, CONGRESSIONAL ACTION (2/3 MAJORITY TO PROPOSE, ¾ TO RATIFY) - Why difficult? To make sure only changes are absolutely necessary and have support of citizens