Warm-up - Baltimore City Public Schools

Local Legislative Branch  City Council  Country Council

 City Council

Districts:

Maritime’s City Councilmember  District 2 Brandon M.

Scott  Brandon.Scott@baltimor ecity.gov

State Legislative Branch  MARYLAND GENERAL ASSEMBLY  Two Parts:  House of Delegates  State Senate

Maritime’s State Senator  NATHANIEL J.

McFADDEN Democrat, District 45  nathaniel.mcfadden@ senate.state.md.us

Maritime’s Delegates  State Delegates (District 45):

Talmadge Branch Cheryl D. Glenn Hattie N. Harrison – died this year, replaced by Nina R. Harper

ARTICLE 1 of the Constitution – Federal Legislative Branch

Congress  Two parts: House of Representatives and

Senate

 Proposes and votes on laws to be sent to

the Executive Branch  Can override a presidential veto with a 2/3rds vote

Legislative Branch Breakdown House of Representatives

Senate

 Starts any bill having

 Gives advice and

to do with revenue (taxes)  Can impeach the president and judges if they violate the law

consent on treaties  Approves presidential appointments, including judges  Conducts impeachment trials

Maritime’s U.S. Senators  US Senators:

Barbara A. Mikulski - www.mikulski.senate.gov Benjamin L. Cardin - www.cardin.senate.gov

Maritime’s U.S. Representative  US Representative

(Maryland District 2): C. A. Dutch Ruppersberger  http://dutch.house .gov

How a Bill becomes a Law  http://www.youtube.com/watch?v=mEJL2Uuv-oQ

…or doesn’t.  http://www.youtube.com/watch?v=uf2q66G3lmM&fea

ture=related

Key Principles  Federalism – roles of government are divided up between

the different levels of government  National Supremacy – the federal government shares powers with the state/local governments, but the federal government has more power and can override the state/local government.  Commerce Clause - Refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”  Elastic Clause – Refers to Article 1, Section 8, Clause 18 of the U.S. Constitution, which gives Congress the power “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government...”

Key Cornell Notes Key Idea

Definition

Interstate Economic activity involving Commerce more than one state. Implied Powers

Powers that belong to Congress even though it is not directly stated in the Constitution

McCulloch v. Maryland (1819)  A landmark decision by the Supreme court.  Said two main things:  First, the Constitution grants to Congress implied

powers for implementing the Constitution's express powers, in order to create a functional national government. Second, state action may not impede valid constitutional exercises of power by the Federal government.

Summary of the Decision Gibbons v. Ogden (1824)  The Supreme Court determined that the commerce

clause of the Constitution grants the federal government the power to determine how interstate commerce is conducted.  So, because Gibbons had a license to operate from the federal government, the state of New York could not deny him the right to operate.  The commerce clause and the supremacy clause gave the federal government the power to regulate the shipping commerce, and not to have the state overrule its regulations.

1. Which part of the U.S. Constitution was a basis for the decision in McCulloch v. Maryland? a. The due process clause b. The establishment clause c. The equal protection clause d. The elastic clause 2. Which of these was an effect of the Supreme Court decision in McCulloch v. Maryland? a. It guaranteed the right to an attorney in criminal cases b. It allowed individual states to tax the federal government c. State laws that conflicted with federal law became unconstitutional d. Congress had only those powers that were stated in the Constitution 3. Study the headline below and answer question 3. Supreme Court Declares Restrictions on Election Ads Unconstitutional The Supreme Court’s ruling in this situation is an example of: a. Judicial review b. Federalism c. Popular sovereignty d. Majority rule

1. Which part of the U.S. Constitution was a basis for the decision in McCulloch v. Maryland? a. The due process clause b. The establishment clause c. The equal protection clause d. The elastic clause 2. Which of these was an effect of the Supreme Court decision in McCulloch v. Maryland? a. It guaranteed the right to an attorney in criminal cases b. It allowed individual states to tax the federal government c. State laws that conflict with federal law became unconstitutional d. Congress had only those powers that were stated in the Constitution 3. Study the headline below and answer question 3: Supreme Court Declares Restrictions on Election Ads Unconstitutional The Supreme Court’s ruling in this situation is an example of: a. Judicial review b. Federalism c. Popular sovereignty d. Majority rule

Key Cornell Notes Key Idea

Definition

Interstate Economic activity involving Commerce more than one state. Implied Powers

Powers that belong to Congress even though it is not directly stated in the Constitution

Bills of Attainder  A bill of attainder is an act of a legislature declaring a

person or group of persons guilty of some crime and punishing them without privilege of a judicial trial.  Bills of attainder are expressly banned by the United States Constitution.

Ex Post Facto Laws  An ex post facto law (Latin for "from after the

action“ ) is a law that makes actions that were committed before the enactment of the law illegal.  Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3.

Filibuster  A filibuster is a tactic used to prevent a measure from

being brought to a vote, usually when a senator attempts to delay or entirely prevent a vote on a bill by extending the debate on the measure.  The rules permit a senator, or a series of senators, to speak for as long as they wish and on any topic they choose, unless "three-fifths of the Senators duly chosen and sworn“ (usually 60 out of 100 senators) brings debate to a close.

War Powers  War powers are divided. The constitutional principle

of checks and balances requires the President and Congress to work together when taking the nation to war.  Congress has the power to officially declare war and raise an army while the President is the Commander in Chief of the military. But it is often unclear which branch has MORE power than the other when disagreements happen.

War Powers Resolution, 1973  The War Powers Resolution states that the President’s

power as Commander-in-Chief to introduce U.S. forces into hostilities [armed conflict] can only be used after war is declared or in a national emergency.  It specifically requires that the President to consult [talk] with Congress before introducing American forces into hostilities and report on their progress every 60 days.

IMPEACHMENT Definition: Congress can remove a president from office for “high crimes and misdemeanors”  This is an example of:

Checks and Balances or Federalism?

IMPEACHMENT Definition: Congress can remove a president from office

for “high crimes and misdemeanors”  This is an example of:

Checks and Balances **Congressional (legislative branch) power to impeach is a check on President (executive branch)**

Impeachment of Bill Clinton

Impeachment: Congress can remove a president from office for “high crimes and misdemeanors”  In 1998 Bill Clinton was impeached by the House of

Representatives  The charges against him were perjury, obstruction of justice, and malfeasance (wrongful conduct) in office  Charges came out of a sex scandal

What led to Clinton’s impeachment: •He was having an affair with Monica Lewinsky in White House •Lewinsky told a close friend about her affair with president •Her friend secretly began taping their conversations •She gave the tapes to the newspapers and story broke

Impeachment: Congress can remove a president from office for “high crimes and misdemeanors”  Clinton denied the sexual affair in court (pre-trial

investigation)  After that, the House of Representatives voted to impeach Clinton  But…there is another chamber in the Congress

that must vote, what is it?

The U.S. Senate must vote (67%) to approve the charges, and then a president is removed

- 55 senators voted “Not Guilty” -45 Senators voted “Guilty” Therefore, Clinton was acquitted of the charges and allowed to continue being president

Impeachment vote in the U.S. Senate