Chapter 2: The Constitution and the Federal Government: An Overview
Key Points * Chapter Outline * Web Links * Selected Legal Vocabulary * Supplemental Activity
Key Points
•
The framers of the Constitution formed a government based on federalism, separation of
powers, and checks and balances.
•
The concept of federalism means that citizens of the United States are subject to both
federal and state governments.
•
Under the U.S. Constitution, the federal government has specific powers. All other powers
belong to the states.
•
The Constitution created a national government consisting of three separate branches: the
legislative, the judiciary, and the executive; each branch has separate powers that serve as
a check on the power of the other branches.
•
Article I establishes and sets forth the powers of the legislative branch of the federal
government. Article I also creates special protection for legislators by creating civil and
criminal immunity for any “speech or debate” in either house; to preserve the integrity of the
legislative process.
•
Article II creates the office of the president. The president is granted enumerated power
through the Constitution, but also has inherent powers granted by virtue of the office.
•
Article III creates a judicial branch of the federal government; it sets up the allocation of
power between the lower federal courts and the U.S. Supreme Court.
Chapter Outline
Federalism
Separation of Powers and Checks and Balances
The Legislative Branch (Article I)
Qualification and Selection of Legislators
Compensation of Legislators
Legislative Protections
The Legislative Process
Powers of Congress
The Executive Branch (Article II)
Presidential Qualifications
Presidential Election Process
Impeachment of the President
Executive Privilege
Executive Immunity
Executive Orders and Presidential Proclamations
Executive Powers
The Judicial Branch (Article III)
Federal Courts and Judges
Judicial Powers
The Judiciary Act of 1789
Subsequent Legislation
Constitutional versus Legislative Courts
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The Federal Court System
Federal Trial Courts
U.S. Courts of Appeals (28 U.S.C. § 41 et seq.)
Court of Appeals for the Armed Forces (Article I Court)
U.S. Supreme Court
Web Links
http://www.senate.gov/
The home page for the U.S. Senate provides extensive information about the Senate, including its
history, its members, and its procedures.
http://www.whitehouse.gov/
The home page for the president contains information about the current and past presidents, the first
lady, the vice president and other top officials.
http://www.house.gov/
The home page for the U.S. House of Representatives contains information about its members. It also
provides access to various federal legal research materials such as the United States Code.
http://thomas.loc.gov/home/lawsmade.toc.html
This government publication provides detailed information on each step in the legislative process.
http://www.supremecourtus.gov/
The home page for the U.S. Supreme Court contains information about the members of the Court,
procedures, and traditions of the Court as well as access to Court opinions.
Selected Legal Vocabulary
Review the following important terms. If you cannot explain and/or define a term, check its meaning in
a legal dictionary such as http://dictionary.lp.findlaw.com/.
federalism
separation of powers
checks and balances
concurrent
exclusive
immunity
United States Code
enumerated power
Necessary and Proper Clause
electoral college
impeach
executive privilege
executive immunity
executive order
presidential proclomation
inherent power
inferior court
admiralty
diversity of citizenship
constitutional courts
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.
distributed with a certain product or service or otherwise on a password-protected website for classroom use
legislative courts
et seq.
magistrate judges
eminent domain
Supplemental Activity
Read the biographies of the founding fathers. Go to
http://www.archives.gov/national_archives_experience/charters/constitution_founding_fathers.html.
©2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license
.
distributed with a certain product or service or otherwise on a password-protected website for classroom use