Unit 2 Text 3; Constitution; Powers and Amendments
SSCG4 a,b 6a, b, c
During Silent Reading, Read and Mark the Following:
The Legislative Branch
The Founders gave Congress expressed powers, or the powers directly stated in the Constitution. Most of
the expressed powers are itemized in Article I, Section 8. These are called enumerated powers, powers
numbered 1–18. Enumerated powers fall into 3 categories: Economic Powers, Defense powers and Other
Powers. The final enumerated power is called the elastic clause. This clause gives Congress the right to make
all laws “necessary and proper” to carry out the other expressed powers. It is also called the elastic clause
as it allows Congress to “stretch” its powers to meet situations the Founders could not anticipate.
The Executive Branch
Article II of the Constitution states: “The executive power shall be vested in a President of the United
States.” Under this executive power the president has the authority to run all of the government, its agencies,
departments, and every thing not directly related to Congress or the Judiciary. The president also has power
to “faithfully execute” (carry out) all laws passed by Congress.
The Judicial Branch
Article III of the Constitution calls for a judiciary consisting of a supreme court, which means the highest
and superior to all others court, and other inferior courts as Congress may establish. The Constitution
establishes original jurisdiction, where cases can first be tried, over all federal law. Additional it gives the
Court appellate jurisdiction, which cases can be appealed to higher courts.
Separation of Powers;
The Constitution limits the central government by separating power among the legislative, executive and
judicial branches. Under the separation of powers each branch has its own responsibilities, a system that the
founders hoped would prevent any one branch of government from gaining too much power. For example,
only the legislative branch can pass a bill. Only the president can sign the bill into law and ensure it is
carried out, and only courts can try cases involving violation of the law or decide its constitutionality.
Checks and Balances;
To the principal of separation of powers the Founders added a system of checks and balances, the ability
of each branch of government to have some control over the others. This system works in several ways.
Congress can for example, pass laws. The President can check Congress by vetoing, or rejecting the law.
The veto power can be stopped by Congress over-riding, voting over the veto by a 2/3rds vote. The federal
courts restrain the legislative power by ruling on the Constitutionality deciding if it is allowed by the
Constitution. The checks and balances creates a system of shared powers as each branch shares a
responsibility in the law making power.
The Amendment Process
Article V provides for making amendments, or changes on any topic, except the right to equal
representation from a state in the senate. One way of proposing an amendment is by a two-thirds vote of each
house of Congress (this is the only method that has been used) and ratified by 3/4
th
of the States. The other
way is by a national convention called by Congress at the request of two-thirds of the states and ratified by
3/4
th
of the States.
The Bill of Rights
The Bill of Rights was proposed by James Madison in response to criticism from the Anti Federalists that the
new Constitution had no protections for individual rights. Written negatively, they do not say what a person
can do, but what the federal government can’t do. The amendments can be grouped into 4 categories, Rights
of Individuals, Protection from government, rights of the accused, and individual and state rights.
Individual Rights
1st Amendment; contains the individual Freedoms of Religion, Speech, Press, Assembly and Petition
Protection from government
2nd Amendment; rights of states to organize militia and of individuals to firearms.
3rd Amendment prohibits forcing people to provide shelter for soldiers in their homes except in wartime.
4th Amendment protects the individual from unreasonable searches and seizures and no warrants issued
without probable cause
Rights of the Accused
5th Amendment ; Gives a person accused of a crime the right to a grand jury investigation, protection from
double jeopardy (can’t be tried twice for the same crime), compelled to be a witness against self, and loss of
life, liberty, or property without due process.
6th Amendment; right to a speedy and public trial by an impartial jury, right to know the charges against
them, to hear and question witnesses, and assistance of counsel.
7th Amendment gives a person the right to a jury trial in federal court to settle disputes about property.
8th Amendment protects against cruel and unusual punishment and excessive bail
Rights not listed and State Powers
9th Amendment; rights not given or denied belong to the people.
10th Amendment powers not given or denied belong to the states.
The Civil War Amendments
These were passed by the northern states after the Civil War, and required ratification by the former
confederate states before their readmission to the Union
13
th
Amendment (1865) outlaws slavery.
14th Amendment (1868) defines citizenship to include former slaves, protects the rights of all citizens from
the depriving of life, liberty, or property without due process, by the Federal or State governments.
15th Amendment (1870) prevents the government from denying any person’s right to vote on the basis of
race, color, or previous condition of servitude.
The Progressive Amendments
The central idea of the Progressive Movement of the late 19
th
and 20
th
centuries was the belief that
government could play a role in making life better for the average citizen.
16th Amendment (1913) gives Congress the power to levy individual income taxes.
17th Amendment (1913) states that the people, not state legislators, elect United States senators.
18th Amendment (1919) prohibited the manufacture, sale, or transportation of alcoholic beverages. 21
st
Amendment repealed the Eighteenth in 1933.
19th Amendment (1920) guaranteed women the right to vote.
20th Amendment (1933) set new dates for Congress to begin its term and for the inaugurations of the
president and vice president.
22nd Amendment (1950) limits a president to a maximum of two elected terms.
23rd Amendment (1961) allows citizens living in Washington, D. C., to vote for president and vice president.
24th Amendment (1964) prohibits poll taxes—money paid in order to vote.
25th Amendment (1967) establishes a process for the vice president to take over the leadership of the nation
when a president is disabled.
26th Amendment (1971) lowered the voting age to 18.
27th Amendment (1992) makes congressional pay raises effective during the term following their passage.
