BRAINLIEST (25 points) After reading what is bellow write a reflection or summary about it. Read Chapter 4 - Federalism and the Constitution in the Keeping the Republic textbook. In this chapter, you will learn about:
The three main tasks of governing: making the laws, executing the laws, and adjudicating the laws
The three branches of government: legislative, executive, and judicial
The constitutional relationship among those institutions: separation of powers vs. checks and balances
How the founders resolved the issue of relations between state governments and the federal government
Flexibility is built into the Constitution by the founders to help it grow and change with the times when the need arises
The Three Branches of Government
All governments must have the power to:
Legislate, or make laws
Administer, or execute laws
Adjudicate, or interpret laws
Because of our separation of powers, we have three branches of government
The Legislative Branch
Article I of the U. S. Constitution sets out the framework for Congress
Legislature: the body of government that makes laws
We have a bicameral legislature, meaning it has two chambers: the House of Representatives and the Senate.
Each state has two members in the Senate regardless of the state’s population. Membership in the House of Representatives depends on the state’s population.
We have a republic, a government in which decisions are made through representatives of the people, rather than the people directly
The Executive Branch
Executive: the branch of government responsible for executing the laws, putting them into effect. Article II spells out the structure of this branch.
The President of the United States is head of the executive branch.
Concerns of the founders:
Executive could provide stability
However, many had a fear of tyranny
Resolved with single executive: the president
What does the Constitution say?
Chosen by Electoral College
Can be impeached for treason or other high crime
The Judicial Branch
Judicial power: the power to interpret laws and judge whether a law has been broken. Article III spells out the structure for this branch.
According to the founders, this was the “least dangerous” branch because it has the power of neither the purse nor the sword.
Judicial review, which is the power of the Supreme Court to rule on the constitutionality of laws, was not spelled out in the Constitution, but it was later a power the Supreme Court gave itself in Marbury v. Madison.
Separation of Powers and Checks and Balances
Separation of powers: the institutional arrangement that assigns judicial, executive, and legislative powers to different branches of the government, thereby limiting the powers of each
Checks and balances: the principle that allows each branch of government to exercise some form of control over the others. Examples: veto, judicial review, 2/3 override of a veto
Republican remedies:
Founders recognized that a republic, which offers so many opportunities to so many people to take advantage of political power, requires special controls. One such control was a representative form of government to keep the power of the people in check. However, Madison realized that branches would seek power at the expense of other branches. This is why the Constitution specifically spelled what each branch can and cannot do
Separation of Powers vs. Fusion of Powers
Separation of Powers
Presidential systems
Voters elect executive
Voters elect legislature
Fusion of Powers
Parliamentary systems
Voters elect legislature
Legislature elects executive
Federalism and Power
Enumerated powers of Congress: congressional powers that are specifically named in the Constitution, found in Article I, Section 8. Examples: the power to tax, the power to pay debts, and the power to coin money
Necessary and proper clause: constitutional authorization for Congress to make any law required to carry out its powers; also known as the “elastic clause,” found in Article I, section 8, clause 18. This has been used as a “catch-all” or default provision that gives Congress power in numerous circumstances.
Commerce clause, found in Article I, section 8, clause 3. Gives Congress power to regulate interstate commerce.
Supremacy clause: constitutional declaration in Article VI that the Constitution and laws made under its provisions are the supreme law of the land. If there is a conflict between federal and state law, federal law prevails.
Concurrent powers: powers shared by the federal and state governments, such as the power to tax citizens, to build roads, to establish lower courts
Where powers begin and end is confusing and controversial. So much in fact that the issue of state’s rights is seen by some as a main cause of the Civil War.