Reading Essentials and Study Guide

NAME ________________________________________ DATE _______________ CLASS _________

Reading Essentials and Study Guide

Chapter 3 The Constitution

Lesson 2 The Three Branches of Government

ESSENTIAL QUESTION

How does the U.S. Constitution structure government and divide

power between the national and state governments?

Reading HELPDESK

Academic Vocabulary

contrast the difference between things that are of similar natures

goal aim, purpose

Content Vocabulary

ratify to approve

enumerated powers a list of items, found in Article I, Section 8 of the Constitution, that set forth

the authoritative capacity of Congress

elastic clause clause in Article I, Section 8 of the Constitution that gives Congress the right to

¡°make all laws which shall be necessary and proper¡± to carry out the powers expressed in the

other clauses of Article I

jurisdiction the limits or territory within which authority may be exercised

judicial review the power of the Supreme Court to declare laws and actions of local, state, or

national governments unconstitutional

TAKING NOTES: Key Ideas and Details

SPECIFYING Describe the powers of the three branches of government.

Legislative Branch

Executive Branch

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Judicial Branch

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Reading Essentials and Study Guide

Chapter 3 The Constitution

Lesson 2 The Three Branches of Government, continued

ESSENTIAL QUESTION

How does the U.S. Constitution structure government and divide

power between the national and state governments?

In 1887 British historian Lord Acton wrote, ¡°All power tends to corrupt, and absolute power corrupts

absolutely.¡±

One hundred years earlier, American Founder James Madison wrote in The Federalist No. 51:

¡°If men were angels, no government would be necessary. If angels were to govern men, neither

external nor internal controls on government would be necessary. In framing a government which is to

be administered by men over men, the great difficulty lies in this: you must first enable the

government to control the governed; and in the next place oblige it to control itself.¡±

a. What is your opinion of Lord Acton¡¯s assessment of power? Do you agree or disagree?

b. Discuss examples of famous people and people you know who have used their power in ways that

support your point of view.

c. What do you think Madison meant by ¡°if men were angels, no government would be necessary¡±?

d. Using ideas from Acton and Madison, create a short speech, poster, presentation, or script that

shows why our nation must be governed under a set of rules.

The National Government

Guiding Question What is the structure of the national government?

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Copyright ? McGraw-Hill Education

In 1787, after much conflict and gradual agreements, the Constitution was drafted. Before it could

become law it had to be ratified, or approved, by nine of the thirteen states. Supporters of the draft

Constitution had to convince others that the government it created was not too strong. James

Madison, Alexander Hamilton, and John Jay gained support for the Constitution by publishing essays

called The Federalist Papers. One of their most persuasive arguments was that the Constitution

balanced power between the national government and the states. These essays also explained that

the Constitution divided government powers between three separate branches. The Constitution

created the government¡¯s structure and functions to make it impossible for one person or a small

group to have absolute power.

The Constitution created three branches of the national government. The first is the legislative

branch, or Congress. The second is the executive branch, which includes the president and various

departments and agencies. The third is the judicial branch, or federal courts. At the Constitutional

Convention, the Founders debated the exact features, roles, and responsibilities of the three branches.

In order to create a limited government, the Founders gave different powers to each branch. The

Founders also gave each branch the ability to check the power of the other branches.

NAME ________________________________________ DATE _______________ CLASS _________

Reading Essentials and Study Guide

Chapter 3 The Constitution

Lesson 2 The Three Branches of Government, continued

Reading Progress Check

Analyzing Why do you think having three separate branches of government was a persuasive

argument for ratifying the Constitution?

Legislative Branch

Guiding Question How is the U.S. Congress structured and what are its powers?

The legislature is responsible for passing laws. It is divided into two houses: the House of Representatives

and the Senate. The House is the voice of the people. Citizens elect representatives directly by popular

vote. Each state¡¯s population determines the number of representatives the state has. Unlike the House, the

Senate has the same number of representatives from each state no matter what the population is. At first,

each state legislature elected its senators. In 1913 the Seventeenth Amendment was ratified. This

amendment established the direct election of senators by popular vote. The amendment increased the

power of the people in this way. But some have argued that it also gave the federal government more

power while taking it away from the states.

The Founders knew that the legislative branch would be very important. They also feared that it

might abuse its power, so they gave Congress limited and expressed powers, or powers directly stated

in the Constitution.

Enumerated and Expressed Powers

Most of the powers of Congress are listed in Article 1, Section 8, which explains what kinds of laws

Congress can make. These are called enumerated powers, because the Constitution lists them by

number, 1 through 18. These powers include economic matters, such as the powers to levy taxes,

borrow money, coin money, punish counterfeiting, and regulate commerce. Congress also has powers

for national defense, including the power to declare war, raise and support armed forces, and

organize the militia. Congress is also given the power to naturalize citizens and establish post offices

and courts.

The final enumerated power says that Congress has the authority to make laws that are ¡°necessary

and proper¡± to carry out its duties. This clause is sometimes called the elastic clause, because it lets

Congress stretch its powers to manage situations that the Founders could not expect. The meaning of

¡°necessary and proper¡± quickly became a subject that caused many arguments. How far could

Congress stretch its powers? The Supreme Court examined this question in 1819 in the case of

McCulloch v. Maryland. This case was about Congress¡¯s power to create a national bank.

The Supreme Court determined that the elastic clause allowed Congress to create a national bank,

even though the Constitution did not clearly state that power. Because Congress had the power to

create the bank, Maryland¡¯s taxing of the bank¡¯s branches was unconstitutional.

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NAME ________________________________________ DATE _______________ CLASS _________

Reading Essentials and Study Guide

Chapter 3 The Constitution

Lesson 2 The Three Branches of Government, continued

Since McCulloch v. Maryland, Congress has used its power under the elastic clause in many ways.

For example, Congress may allocate money to test a missile-defense system. The Constitution does not

mention this use of money, but it is necessary and proper for Congress to carry out its duty to ¡°raise

and support Armies.¡±

Reading Progress Check

Explaining What are the enumerated powers of Congress?

Executive Branch

Guiding Question How is the executive branch structured and what are its powers?

When King George ruled, American colonists disliked the way he used his powers. As a result, after

gaining independence, the new nation gave nearly all power to states. It did not even allow for an

independent executive branch at the national level. However, it soon became clear that the

government structure under the Articles of Confederation was not working. The country needed a

national government with an executive function, but the nation¡¯s leaders wanted to make sure the

executive¡¯s powers were limited.

Role of the Executive Branch

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Copyright ? McGraw-Hill Education

The president is the head of the executive branch. The executive branch also includes numerous

departments. They carry out or enforce the laws passed by Congress. Some of these include the

Department of Justice, the Department of Education, and the Department of the Treasury. The

leaders of these departments report to the president and advise him or her about their areas of

responsibility. The Constitution does not state how many departments there should be. Currently there

are 15 executive departments.

The executive branch also includes many federal agencies, commissions, corporations, and boards

that carry out specific duties. These include the Consumer Product Safety Commission, the

Environmental Protection Agency (EPA), the National Aeronautics and Space Administration (NASA),

and the Corporation for National and Community Service.

Most of the specific powers of the president are defined in Article II, Sections 2 and 3. The

Constitution says the president has the power to grant pardons, make treaties, and appoint

ambassadors, Supreme Court justices, and other government officials. A president can also fire

officials in the executive branch, make agreements with foreign nations, or take emergency actions to

save the nation.

The Founders understood the need for a strong army to protect the United States. They also knew

that an unlimited military could be used to take control of the government and threaten our

democracy. The Founders solved this problem in two ways. First, they put the military under the control

of the civilian authority. Second, they divided control of the military between different branches of the

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Reading Essentials and Study Guide

Chapter 3 The Constitution

Lesson 2 The Three Branches of Government, continued

government. The Constitution names the president commander in chief of the military, but only

Congress has the power to declare war and to provide money for the military.

Reading Progress Check

Identifying What powers does the Constitution give to the president?

Judicial Branch

Guiding Question How is the judiciary structured and what are its powers?

Article III of the Constitution establishes the federal court system. It names the Supreme Court and

gives Congress the authority to establish lower courts. The Constitution says that federal judges shall

hold office for life unless they commit a crime.

When the Constitution was adopted, each state already had its own court system. These courts

heard cases and disagreements about state laws or the state¡¯s constitution. The U.S. Constitution

created the federal court system, which hears cases about the U.S. Constitution and federal law,

foreign treaties, international law, and bankruptcies. In this two-court system, each court has the

authority to hear certain kinds of cases. This is known as the court¡¯s jurisdiction.

Judicial Review

Much of the judicial branch¡¯s power comes from the courts¡¯ ability to interpret the Constitution and

overturn laws that violate the Constitution. This process is called judicial review. The Constitution does

not specifically mention judicial review. It simply says that judicial power shall extend to all cases

related to the Constitution. The Federalist No. 78 discusses the power of judicial review. It says that

judges must think of the Constitution as a fundamental law. It also says that only judges can interpret

the meaning of the Constitution and the meaning of laws passed by Congress.

The Supreme Court first used judicial review in 1803, in its decision in the case of Marbury v.

Madison. This case was about the Judiciary Act of 1789. The Court decided that this law was

unconstitutional because it gave the Court more power than the Constitution allowed. Chief Justice

John Marshall wrote the opinion for a unanimous court. It remains one of the most important

decisions in the history of the Supreme Court. By establishing the power of judicial review, the judicial

branch became equal to the other two branches of government.

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