Show:
Checks and Balances
Expressed/Implied/
Concurrent Powers
Judicial Activist vs restraint
AOC vs Constitution
Bill of Rights
100

Legislative Branch checks on the Executive Branch. 

  • Override Vetoes: Congress can override a presidential veto with a two-thirds vote in both the House and Senate.
  • Impeachment Powers: The House can impeach the President, and the Senate can remove the President from office through a trial.
  • Approval of Appointments: The Senate must confirm presidential appointments, such as Cabinet members, ambassadors, and federal judges.
  • Control of Budget: Congress controls federal spending, limiting the executive's ability to act independently.
  • Ratification of Treaties: The Senate must ratify international treaties negotiated by the President.
100

Definition of Expressed/Implied/Concurrent Powers

Expressed: These are powers the U.S. Constitution explicitly granted to the federal government.

Implied: These are powers not explicitly stated in the Constitution but are inferred from the expressed powers. They derive from the Necessary and Proper Clause (Article I, Section 8, Clause 18), which allows Congress to make laws necessary to carry out its enumerated powers.

Concurrent: These are powers shared by both the federal and state governments. Both levels of government can exercise these powers independently.

100

Definition of Judicial activist.

Judicial activism refers to judges interpreting the Constitution and laws in a broad, flexible manner to address contemporary issues, often leading to the creation of new legal precedents.

100

AOC Powers

  • Congress could make treaties, declare war, and manage foreign affairs but lacked the power to tax or regulate commerce.
  • Amendments required unanimous consent from all 13 states.
  • States retained most control over internal matters.
100

The First Amendment states.

Freedom of Religion, Speech, Press, Assembly, and Petition. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

200

Legislative Branch checks on the Judicial Branch.

  • Approval of Judges: The Senate confirms judicial appointments made by the President.
  • Impeachment of Judges: Congress can impeach and remove federal judges for misconduct.
  • Amendments: Congress can propose constitutional amendments to overturn judicial decisions.
200

Key Features of Expressed/Implied/Concurrent Powers

Expressed: 

  • Clearly written in the text of the Constitution, primarily in Article I, Section 8.
  • Sometimes called enumerated powers.

Implied: 

  • Enable the federal government to adapt its powers to meet changing circumstances.
  • Often interpreted through Supreme Court decisions.

Concurrent:

  • Reflect a federal system where certain responsibilities overlap.
  • States can act on these powers as long as their actions do not conflict with federal law (due to the Supremacy Clause in Article VI).
200

Definition of Judicial Restraint.

Judicial restraint emphasizes a limited role for judges, where they defer to the decisions of the legislative and executive branches unless there is a clear constitutional violation.

200

Constitution Powers.

  • The federal government was granted the power to tax, regulate commerce, and maintain a standing military.
  • Amendments require approval by two-thirds of Congress and three-fourths of the states.
  • Supremacy Clause established federal law as superior to state laws.
200

The Second Amendment states.

Right to Bear Arms. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

300

Executive Branch checks on the Legislative Branch and Judicial Branch.

Checks on the Legislative Branch:

  1. Veto Power: The President can veto legislation passed by Congress, requiring Congress to reconsider or override the veto.
  2. Executive Orders: The President can issue executive orders to influence policy without direct congressional approval (though subject to judicial review).
  3. Calling Special Sessions: The President can call Congress into special sessions in times of national emergency.

Checks on the Judicial Branch:

  1. Judicial Appointments: The President nominates federal judges, including Supreme Court justices.
  2. Pardon Power: The President can grant pardons or reprieves for federal offenses, effectively overruling judicial decisions.
300

Examples of Expressed Powers.

  • The power to levy taxes.
  • The power to coin money.
  • The power to regulate interstate and foreign commerce.
  • The power to declare war.
  • The power to maintain armed forces.
300

Judicial Restraint focuses on.

  • Judges rely on the plain text of the Constitution and laws rather than subjective interpretations.
  • Minimal interference in political or social issues, leaving such decisions to elected representatives.
300
AOC Representation
  • Each state had one vote in Congress, regardless of size or population.
  • Small and large states had equal power.
300

The Fifteenth Amendment states.

Right to Vote Not Denied by Race. Section 1, The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2, The Congress shall have power to enforce this article by appropriate legislation.

400

Judicial Branch checks on Legislative Branch and Executive Branch.

Checks on the Legislative Branch:

  1. Judicial Review: The courts can declare laws passed by Congress unconstitutional (established by Marbury v. Madison, 1803).
  2. Interpretation of Laws: The judiciary interprets the meaning and application of laws passed by Congress.

Checks on the Executive Branch:

  1. Judicial Review: The courts can declare executive actions unconstitutional.
  2. Subpoenas and Rulings: Courts can issue rulings or subpoenas to limit executive overreach.
400

Examples of Implied Powers.

  • Establishing the Internal Revenue Service (IRS) to collect taxes (based on the expressed power to levy taxes).
  • Creating a national bank (as upheld in McCulloch v. Maryland, 1819).
  • Regulating air travel (linked to the power to regulate commerce).
400

Judicial Activist focuses on.

  • Emphasis is placed on achieving fairness, equity, and justice in changing social contexts.
  • Judges may consider evolving social values and public opinion.
400

Constitution Representation.

  • Representation in the House of Representatives is based on population.
  • Each state has two senators in the Senate, balancing influence between small and large states.
400

The Sixteenth Amendment states.

Income Tax. The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

500

Key Examples of Checks and Balances in Action.

  • Veto and Override:
    • President George W. Bush vetoed the Water Resources Development Act in 2007; Congress overrode the veto.
  • Judicial Review:
    • The Supreme Court declared parts of the New Deal unconstitutional in the 1930s.
  • Impeachment:
    • President Andrew Johnson, Bill Clinton, and Donald Trump were impeached by the House (though none were removed by the Senate).
  • Appointments:
    • The Senate rejected Robert Bork’s nomination to the Supreme Court in 1987.
  • Treaty Ratification:
    • The Senate rejected the Treaty of Versailles in 1919.
500

Examples of Concurrent Powers.

  • The power to tax (e.g., federal income tax and state sales tax).
  • The power to establish and enforce laws.
  • The power to borrow money.
  • The power to build infrastructure like roads.
500

Examples of Judicial Activist and Restraint

Activist

Roe v. Wade (1973): Established a constitutional right to abortion.

Restraint

Washington v. Glucksberg (1997): Refused to establish a constitutional right to assisted suicide.

500

Overall Strength of both AOC and the Constitution.

  • Articles of Confederation:

    • Created a loose confederation of states with a weak central government.
    • Ineffective for handling national issues like economic policy, defense, or interstate disputes.

  • Constitution:

    • Established a stronger federal government with the ability to address national and international challenges effectively.
500

The Twenty-Seventh Amendment states.

Congressional Compensation. No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.