Three Branches of Government 32

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Three Branches of Government3-2

• 3-2

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I. The Legislative Branch

• The Founders saw making laws as the most
  important job of government.
• They feared an unchecked legislature that could,
  like Parliament, become abusive of its powers.
• Congress was assigned expressed or enumerated
  powers.
• Article I has 8 sections that list Congresss
  express powers.

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Article I, Section __

• Created Congress
• House of Representatives
• The Senate
• Elections and Meetings
• Organization Rules of Procedure
• Privileges and Restrictions
• Passing Laws
• Powers granted to Congress (including the Elastic
  Clause)

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• The Elastic Clause, or the necessary and proper
  clause, gives Congress any power that is
  necessary and proper to fulfill its express
  powers.
• What does this mean?
• Test of Necessity (Jefferson conservative)
• Test of Sufficiency (Hamilton liberal)
• John Marshall agreed with Hamilton. See
  McCullough v Maryland p. 761

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II. The Executive Branch

• Created in Article II (not 1)
• A strong executive branch was needed after the
  AOC to enforce the laws that Congress passed.
• Article II states The executive power shall be
  vested in a President of the United States of
  America. This vague statement has been treated
  like a wild card.
• The President also has specific powers, such as
  Commander-in-Chief appointment of judges
  pardons make treaties with Senates advice, etc.

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III. Judicial Branch

• Originally the weakest of the three branches.
• Justices were appointed for life (or good
  behavior).
• All inferior courts were to be established by
  Congress.
• The dual court system provides for federal courts
  (13 Circuits) and state courts (50) with specific
  jurisdictions.
• Cases that both courts can hear are subject to
  concurrent jurisdiction.

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• Homeless court rented space from Congress until
  1935 justices rode circuit.
• Marbury v Madison gave the Court power to declare
  laws unconstitutional.

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IV. Shared Power and Conflict

• The president can propose legislation under
  Article II, Section 3 (p.73)
• The president can veto Congresss legislation
  (which Congress can override with a 3/4th vote).
• Congress has the power to strip courts of their
  jurisdiction (never officially done).
• Courts can declare acts of the president and
  congress unconstitutional. (Andrew Jackson FDR
  didnt care, though.)