3. Congress- they make Federal laws
Their powers are expressed in Article I of the
Constitution
4. Expressed powers- powers directly stated in the
Constitution
Enumerated powers- Legislative powers
number 1-18 in Article I, Section 8
Elastic Clause- Congress can make laws that are
“necessary and proper” to carry out their power.
5. Most of their power is listed in Article I,
Section 8 (Enumerated Powers)
Powers include:
Economics - levy taxes, borrow money, coin
money, punish counterfeiting, regulate
commerce(business)
Defense- declare war, raise armed forces,
provide a navy, punish piracy, provide navy
6. Other powers – naturalize citizens, post
office, patents and copyrights, establish
courts, govern DC
7. “Necessary and proper” clause- lets Congress
stretch its powers to meet situations the
Founders couldn’t have anticipated
- In McCulloch v Maryland the Supreme Court
ruled in favor of a broad interpretation of the
Constitution
EXAMPLES? (Look at one of the Enumerated
powers listed in Article I, Section 8 and give an
example of the ElasticClause being used)
8. The President- has the power to execute Federal
laws
Article II outlines the executive powers. The
president’s power are more vague than
Congress
1. Hire/fire
2. Agreements
3. EmergencyAction
9. 1. Commander and Chief of the armed forces
2. Appoints the heads of executive
departments
3. Makes treaties
4. Appoints ambassadors
5. Gives a State of the Union Address
6. Calls Congress into special session
7. Meets w/ heads of states
8. Ensures that laws are executed
9. Pardon people
10. Commission military officers
11. Supreme Court- has the power to interpret the
Constitution and Federal laws and declare laws
unconstitutional through judicial review
The powers of the Supreme Court are listed in
Article III - justices serve life
terms
12. Dual Court System
1. FederalCourts- power comes from the
Constitution and Federal laws
2. State Courts- power comes from state
Constitutions and laws
Court Jurisdiction
Jurisdiction (authority)is based on:
1. The subject matter of the case
2. The parties involved