American Government Notes: Unit 1

The Articles

• The articles of the U.S. Constitution are structured as follows:

  • I) The Legislative Branch

  • II) The Executive Branch

  • III) The Judicial Branch

  • IV) States, Citizenship, New States

  • V) Amendment Process

  • VI) Debts, Supremacy, Oaths, Religious Tests

  • VII) Ratification

Key Clauses

• Commerce Clause: Grants Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the [Native American] Tribes."

• Elastic Clause: Empowers Congress "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

• Full Faith and Credit Clause: Requires that all acts, records, and court decisions of one state be recognized and valid in all other states.

• Privileges and Immunities Clause: Prevents a state from treating out-of-state residents more harshly than its own residents.

• Supremacy Clause: Establishes that all federal laws and treaties are supreme to any state laws.

The Amendment Process

• (Further details on the amendment process would likely be elaborated on in the lecture, but are not present in this excerpt.)

Types of Constitutional Powers

• Enumerated Powers: Powers explicitly granted to Congress in the Constitution.

• Expressed Powers: Also known as delegated powers, these are powers specifically described in the Constitution.

• Implied Powers: Powers granted to the government that are not specifically written in the Constitution but are necessary and proper to carry out the expressed powers.

Powers of Congress

• Levy taxes

• Borrow money

• Raise armies

• Declare war

• Determine the nature of the federal judiciary

• Collect taxes

• Regulate commerce

• Coin money

• Oversight

• Investigation

Powers of the President (POTUS)

• Main job is to execute (carry out) laws

• Can veto bills

• Serve as Commander-in-Chief of the armed forces

• Make treaties (with Senate approval)

• Pardon or commute federal offenses

• Appoint heads of executive agencies and to the federal courts (with Senate approval)

Powers of the Supreme Court (SCOTUS)

• Courts cannot take action on their own accord; they must wait for litigants (people engaged in a lawsuit).

• Judicial review: The power to review and strike down laws passed by Congress or the states that are deemed unconstitutional.

• Jurisdiction: Refers to the matters over which a court may exercise its authority.

  • Original

  • Appella/