17.1.2 Constitutional Framework: Powers of the US Government Branches

Constitutional Framework (Powers) of the US Branches of Government

Legislative Branch (Congress)

Necessary and Proper Clause (Article 1, Section 8, Clause 18)

• It grants Congress the authority to pass all laws deemed necessary and proper to execute its enumerated powers, also known as the "elastic clause."
• This clause underpins the doctrine of implied powers, giving Congress flexibility in legislating on matters necessary to implement its enumerated powers.

Implied Powers

• These are powers not explicitly stated in the Constitution but are inferred from the necessary and proper clause and the overall structure of government.
• Importance: They allow Congress to carry out its duties effectively in a changing society where not all necessary actions could have been anticipated by the framers.

Concurrent Powers

• Powers that are shared between the federal government and the state governments.

• Importance: Demonstrates the principle of federalism where both levels of government can legislate and act in certain areas, leading to a balance of power.

Reserved Powers (10th Amendment)

• Powers not delegated to the federal government by the Constitution are reserved to the states or the people.
• Significance: Emphasizes the principle of federalism by ensuring that all powers not explicitly given to the federal government remain with the states.

Supremacy Clause (Article 6, Clause 2)

• Establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority constitute the "supreme Law of the Land."
• Impact: Ensures that federal law prevails over conflicting state laws, solidifying the federal government's authority.

• Significance: This clause is fundamental in maintaining the hierarchical structure of law in the United States, ensuring uniformity across the nation.

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Executive Branch (President)

Veto Power (Article 1, Section 7)

• The President has the power to veto legislation passed by Congress, which can only be overridden by a two-thirds majority in both the House and Senate.
• Importance: This power acts as a check on legislative authority, allowing the President to prevent laws that they believe are not in the nation's best interest.

• Significance: The veto power is a critical aspect of the system of checks and balances, ensuring that no single branch dominates the law-making process.

Commander-in-Chief (Article 2, Section 2)

• The President serves as the Commander-in-Chief of the Armed Forces, giving them direct control over military operations.
• Significance: This role centralizes military leadership under a civilian head to prevent military overreach and ensure democratic control of the military.

• Checks on Power: While the President can direct military operations, only Congress has the power to declare war, although this has been bypassed in practice through Authorizations for Use of Military Force (AUMFs).

Executive Orders

• The President can issue executive orders to direct the operations of the federal government, which have the force of law without requiring congressional approval.
• Importance: Executive orders allow the President to act swiftly in implementing policy, especially in areas where Congress is gridlocked.

• Limitations: Executive orders can be challenged in court and overturned if deemed unconstitutional, as well as reversed by subsequent administrations.

Treaty Power (Article 2, Section 2, Clause 2)

• The President has the power to negotiate and sign treaties with other nations, but these must be ratified by a two-thirds vote in the Senate.
• Significance: This power places the President at the forefront of foreign policy, allowing them to shape international relations.

• Checks on Power: The need for Senate ratification ensures that treaties reflect broader national interests, not just executive priorities.

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Judiciary Branch (Supreme Court)

Judicial Review

• The Supreme Court has the power to declare laws or executive actions unconstitutional, effectively nullifying them.
• Established: This power was established in Marbury v. Madison (1803) by Chief Justice John Marshall, which set the precedent for the court's role in interpreting the Constitution.
• Importance: Judicial review is a cornerstone of the checks and balances system, allowing the judiciary to ensure that the legislative and executive branches do not exceed their constitutional authority.
• Key Cases:

Judiciable Constitution

• The Constitution is considered a higher form of law, allowing other laws to be judged against it to deem them 'unconstitutional'.
• Significance: This makes the Constitution the ultimate legal standard in the United States, ensuring that all laws and governmental actions conform to its principles.
• Impact: The judiciability of the Constitution ensures that the judiciary plays a key role in safeguarding civil liberties and maintaining the rule of law.
• Interpretive Amendments through Judicial Review:
  • The Supreme Court can change the interpretation of the Constitution through judicial review, altering how it is applied.
  • Theories of Interpretation:
  • Textualism: Interpreting the Constitution based on the plain meaning of its words.
  • Originalism: Interpreting the Constitution according to the understanding of those who drafted and ratified it.
  • Living Constitution: Viewing the Constitution as a dynamic document that should evolve with societal changes.
  • Key Cases:

• Importance: Interpretive amendments through judicial review demonstrate the judiciary's role in shaping public policy and reflecting evolving social norms.