Chapter 2.2: Division nd Balance of Govermental Programs

Amendment

A change or modification.

Democracy

A form of government in which every qualified adult citizen may vote on all issues.

Changing the Constitution - Method 1

A major check is provided by the power of constitutional amendment (a change or modification). The Constitution may be amended in two ways. The first way has been used for all amendments adopted to date.

Republic

A representative democracy in which voters select their representatives to the legislative, executive, and judicial branches of government.

Eexamples of the kinds of Governmental Authority granted to the Federal Government and the State Governments.

(1) The federal government has authority granted it by the constitution,including responsibility for national defense and regulation of interstate and foreign commerce, and the authority to establish post offices, coin money, and tax imports and exports. (2) State governments are supreme on issues within their own borders, including most business and contract law, criminal and tort law, real property and probate law, and domestic relations law

Sovereignty

Freedom from external control.

ystem of Checks and Balances

Gives specific authority to each of the three basic branches of government.

Impeachment Cases

Legal cases which involve trying a government official for misconduct in office.

How does the judicial branch of the federal government act as a check or balance on the legislative and executive branches?

Legislation is enacted by the legislative branch and approved by the executive branch. However,the judicial branch through the Supreme Court rules on the constitutionality of legislation and may also decide whether an action of decision of the executive branch exceeds the powers granted to it.

Limiting States' Powers

The Fourteenth Amendment opens with these sweeping provisions: 'All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.

Executive Branch

The executive branch is headed by the President and the Vice President. These officers are elected indirectly by a vote of the people. In the electoral process, citizens vote for electors who are pledged to support candidates selected by political parties.

Powers of the Federal Government

The federal government has the duty to protect every state against invasion. It may raise and sup port armies, a navy, and an air force for national defense. The federal government alone may estab lish post offices, coin money, and tax imports and exports.

How is the power to govern divided between the federal and state governments?

The federal government has the specific power to govern granted by the Constitution.All other powers are reserved for tlte states and individuals.

Legislative Branch

The legislative branch makes the laws. At the federal level, the heart of the legislative branch is the Congress. When the Constitution was drafted, the convention delegates were concerned with equal representation in Congress.

Changing the Constitution - Method 2

The second way requires the legislatures of two-thirds of all the states to call a convention of all the states. The convention may propose one or more amendments. Under either method of proposal, the amendment becomes a valid part of the U.S. Constitution only if it is ratified by the legislatures of three-fourths of the states, or if it is ratified by conventions in three-fourths of the states.

Judicial Branch

The third branch of government is the judiciary. It is headed by the Supreme Court of the United States. Its primary check is the power to decide on the constitutionality of a statute passed by the legislative branch and signed by the President as head of the executive branch. The Supreme Court also may decide if a particular action or decision exceeds the powers granted to the executive branch or legislative branch under the Constitution. If so, the action or decision is void.

How does the Constitution create a system of checks and balances?

The three branches of the federal government have specific authority. The legislature enacts legislation that must be approved by both the Senate and House of Representatives.This legislation must then also be signed by the executive branch and proved constitutional by the judicial branch.

Sovereignty of the States

With the same fear in mind, the Tenth Amend ment acknowledges the continued sovereignty of all of the states to govern their own citizens within their own borders. Sovereignty in this sense means supreme political authority free from external con trol.

Tenth Amendment

____ ______ ________acknowledges the continued sovereignty of all of the states to govern their own citizens within their own borders. Sovereignty in this sense means supreme political authority free from external control. The Tenth Amendment declares, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Here it is evident that the Constitution is a shield against the consolidation of unlimited power by the federal government.

The U.S. Form of Government

Democracy Republic