3.9 APUSH

"We the People": The Constitution establishes a government for and by the people of the United States, aiming to create a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty.

Division of Power: Federalism divides power between the federal government and state governments.
Central to Structure: The framers of the Constitution considered federalism a critical component of the government's structure.
State Responsibilities: States manage issues within their borders, like schools and local elections.
Federal Responsibilities: The federal government handles issues affecting the entire country, such as national defense, foreign affairs, and interstate issues.

National Government Powers:
- Make treaties.
- Establish and regulate postal system.
- Regulate foreign & interstate commerce.
- Tax imports/exports.
- Declare war.
- Maintain military.
- Coin money.
- Protect copyright/patents.
- Make all laws "necessary and proper" to meet responsibilities per the U.S. Constitution
Concurrent (Shared) Powers:
- Collect taxes.
- Regulate banks.
- Establish and administer a judiciary.
- Borrow money.
- Provide for common good.
- Make and enforce laws.
State Government Powers:
- Establish local government.
- Regulate intrastate commerce.
- Public education - schools.
- Conduct elections.
- Provide for common good- protecting health, safety/morals.
- Regulations for marriage.
- Professional licensure.
- All powers not delegated to the National Government or denied to the states per the U.S. Constitution.

Congress: Includes the House of Representatives and the Senate.
House of Representatives:
- Direct election.
- One Representative for approximately every 480,000 people.
- Elected for two-year terms.
Senate:
- Direct election.
- 100 Senators, two from each state.
- Senators serve six-year terms.
- One-third of Senators are up for election every two years.

Chief Justice and Eight Other Justices:
- Appointed for life by the President.
- Appointment confirmed by the Senate.

Framers' Intent: The framers of the Constitution divided powers among three main branches of government.

Judicial Branch: Consists of the Supreme Court and lower federal courts, interpreting laws and the Constitution.
Executive Branch: Led by the President, recommends and carries out laws and federal programs.
Legislative Branch: Congress makes laws, passes taxes, and allocates spending.

Legislative:
- Makes laws.
- Approves Presidential appointments.
- Two senators from each state.
- The number of congressmen is based on population.
Executive:
- Signs laws.
- Vetoes laws.
- Pardons people.
- Appoints federal judges.
- Elected every four years.
Judicial:
- Decides if laws are constitutional.
- Appointed by the President.
- Nine justices.
- Can overturn rulings by other judges.

Definition: Each branch can limit the power of the others.
Example: Congress can pass laws, but the President can veto them, and the Supreme Court can rule them unconstitutional.

Legislative Branch (Congress):
- May reject appointments.
- May reject treaties.
- May withhold funding for presidential initiatives.
- May impeach the president.
- May override a veto.
- Writes the laws
- Confirms presidential appointments
- Ratifies treaties
- Grants money
- Declares war
Executive Branch (President):
- Proposes laws.
- May adjourn Congress in certain situations.
- May veto bills.
- Administers the laws
- Commands armed forces
- Appoints ambassadors and other officials
- Conducts foreign policy
- Negotiates treaties
Judicial Branch (Supreme Court):
- Interprets the Constitution and other laws.
- Reviews lower-court decisions.
- May declare laws unconstitutional.
- May declare executive actions unconstitutional.
- Appoints judges
- May propose constitutional amendments to overrule judicial decisions
- May impeach Supreme Court justices
- May reject appointments to the Supreme Court

Executive Branch: Override presidential veto.
Legislative Branch: Impeachment (House brings charges, Senate holds trial).
Judicial Branch: Declare executive orders unconstitutional.
- House: Budget control
- Senate: Advice & Consent
- Ratifies treaties
- Confirms appointments
Executive (President):
- Appoints federal judges
- Veto bills Grants pardons, reprieves,
- Can propose laws
- Line item veto (Governors only) -- Reject part of a bill
Judicial (Courts):
- Can declare laws unconstitutional
- Confirms presidential appointments
- Impeach/remove federal judges
- Establish courts & set number of judges
- Federal judges & justices appointed for life

Approval of Amendments: In 1789, the first Congress quickly approved amendments to the Constitution to defend individual liberty.
Ratification: The first ten amendments were ratified by the states in 1791 and are known as the Bill of Rights.
Purpose: These amendments protect against abuses by the central (federal) government.

1st Amendment: Freedom of religion, speech, press, the right to petition, and the right to assembly.
2nd Amendment: The right to keep and bear arms.
3rd Amendment: No forced quartering (housing) of troops in private homes.
4th Amendment: Protection from unreasonable searches and seizures [arrests].
5th Amendment: Due process of law (fair treatment), no double jeopardy (can’t be charged for the same crime twice), or self-incrimination (“I plead the fifth”).
6th Amendment: Rights for those accused of crimes: the right to a speedy and public trial by jury, clear charges, witnesses in defense, and an attorney.
7th Amendment: Right to a trial by jury.
8th Amendment: Protection from cruel or unusual punishments.
9th Amendment: Right to other rights not included in the Constitution.
10th Amendment: Powers not outlined in the Constitution for the national government are given to the states.

Constitutional Convention: Delegates from the states created a limited but dynamic central government.
Federalism and Separation of Powers: The government embodies federalism and provides for a separation of powers between its three branches.