Regular Government - Unit 1 (Lessons 1-3)

What is the Judicial Branch, and what are it’s powers?

The Judicial branch is composed of the Supreme court and the lower courts. It’s power is to interpret the law, ensures justice is served accordingly, and to judicial review laws.

Executive Branch, and it’s power

This is composed of the President. They have the responsibility to carry out and enforce the law in which the legislative branch passes.

Legislative Branch, and it’s power.

This branch is composed of the House of Representatives, and the house of Senates. This branch s responsible for passing the laws of the state, and assign the money necessary for the operations of the government.

Check and Balances between Legislative Branch and Executive.

Legislative Branch to Executive Branch: Impeaching the President, Overriding Vetoes, Conforms executive nominees, and appropriates money.

Executive Branch to Legislative: Proposes laws, Veto laws, calls special session congress, nominates federal office holders, negotiates foreign treaties.

Check and Balances between Judicial Branch and Legislative Branch.

Judicial Branch to Legislative Branch: Declare acts by Congress unconstitutional.

Legislative branch to Judicial Branch: Overrules judicial decision by proposing amendments, impeaches judges, confirms federal judges.

Check and balances between Executive Branch and Judicial Branch

Executive Branch to Judicial Branch: Nominates judges, Issues pardons

Judicial Branch to Executive: Declare executive actions unconstitutional

Hobbes

Believed humans are naturally selfish, and violent, supported a strong central government to maintain order, and influenced the founding fathers in how the government must restrain power.

Locke

Natural rights of men were life, liberty, property, government exist to protect rights, and people can overthrow tyrannical government, and directly influenced the DOI “unalienable rights”

Rousseau

Believed in popular sovereignty(power comes from the people), Social Contract (citizens agree to be governed), and influenced republicanism and consent of he governed.

Blackstone

He write commentaries on the laws of England, and influenced American legal tradition, rights, and Judicial reasoning.

Paine

Wrote “Common Sense”, and argued for independence, republicanism, and the rejection of a monarchy.

Declaration of Independence

This document was heavily based on Locke’s natural rights and social contract, and this declared independence an listed grievances against Britain. The weakness is separating without much authority or power against Britain.

Articles Of Confederation - weakness

Had no power to tax, no executive Branch, could not regulate trade, required unanimous consent for amendment, all of this was far too weak for it to stand on it’s own.

Constitution

Created three branches of government, gave power to Congress to tax ,regulate commerce, and raise armies, created federal courts, allowed amendments, and establish federalism and checks and balances.

Reason for the ratification of the Bill of Rights

Anti-federalist feared a strong central government, and wanted explicit protection for individual rights, the federalist at some point agreed to add the Bill of Rights to secure the ratification of the constitution.

Shays Rebellion

Farmers rebelled over taxes and debt, and the national government couldn’t stop it due to the lack of money, which caused a direct link of the causation of the constitutional convention.

Powers of government.

Powers of levying taxes, waging war, raising a military, making treaties

Powers of levying taxes - Legislative

waging war - Legislative

raising a military- Executive

making treaties - Executive

concurrent and implied powers of the three branches of government in the constitution.

The congruent powers of the three branches of government is the check and balances between each branch. Their implied powers is derived from the Necessary and Proper clause which allow Congress to carry out enumerated powers.

Federalist Papers

A series of papers published by Hamilton, Madison, and Jay that defended the constitution, explained the separation of powers, check and balances, and federalism.

Amendments & tthe process

Process: 2/3 of Congress OR 2/3 of states call a convention

Ratification: ¾ of state legislature OR ¾ of state convention

Federalism

Division of power between national and state government.

Enumerated powers

Tax

Borrow money

Regulate commerce

Coin Money

Establish post offices

Declared war

Raise armies

make laws “ Necessary and proper”