SECTION

1 Understanding
the Constitution
TEKS 1A, 22A, 22B

What You Will Learn…

If YOU were there...
Main Ideas You have just been elected to the U.S. House of Representatives. You
1. The framers of the Consti- know that committees do much of the work in Congress. They deal
tution devised the federal
system. with many different fields such as foreign policy, agriculture, national
2. The legislative branch makes security, science, and education. You would like to ask for a spot on a
the nation’s laws.
3. The executive branch en- committee whose work interests you.
forces the nation’s laws.
4. The judicial branch deter- Which committee would you ask to serve on?
mines whether or not laws
are constitutional.
BUILDING BACKGROUND When the framers of the Constitution met
in Philadelphia in 1787, they created a national government with three
The Big Idea
branches that balance one another’s powers.
The U.S. Constitution balances
the powers of the federal gov-
ernment among the legislative,
executive, and judicial branches. The Federal System
The framers of the Constitution wanted to create a government
Key Terms and People powerful enough to protect the rights of citizens and defend the
federal system, p. 182 country against its enemies. To do so, they set up a federal system
impeach, p. 184
of government, a system that divided powers between the states
veto, p. 184
and the federal government. This system is also known as federalism.
executive orders, p. 185
pardons, p. 185 The Constitution assigns certain powers to the national govern-
Thurgood Marshall, p. 186 ment. These are called delegated powers. Among them are the rights
Sandra Day O’Connor, p. 186 to coin money and to regulate trade. Reserved powers are those kept
by the states. These powers include creating local governments and
holding elections. Concurrent powers are those shared by the federal
and state governments. They include taxing, borrowing money, and
enforcing laws.
Use the graphic organizer online to
take notes on the structure of each Sometimes, Congress has had to stretch its delegated powers to
of the branches of government. deal with new or unexpected issues. A clause in the Constitution
states that Congress may “make all Laws which shall be necessary
and proper” for carrying out its duties. This clause, called the elastic
clause—because it can be stretched (like elastic)—provides flexibility
for the government. The federal government has used this clause to
provide public services such as funding for the arts and humanities.

R eading C heck Summarizing How is power divided between the

federal and state governments?

182 Chapter 6
 Separation of Powers

U.S. Constitution

Legislative Branch Executive Branch Judicial Branch

(Congress) (President) (Supreme Court)
• Writes the laws • Proposes laws • Interprets the Constitution
• Confirms presidential • Administers the laws and other laws
appointments • Commands armed forces • Reviews lower-court decisions
• Approves treaties • Appoints ambassadors
• Grants money and other officials
• Declares war • Conducts foreign policy
• Makes treaties

Legislative Branch the longer of the two. Members of Congress

can serve an unlimited number of terms in
The federal government has three branches, A cademic
office.
each with distinct responsibilities and powers. V ocabulary
The political party with more members distinct
This separation balances the branches and
in each house is the majority party. The one separate
keeps any one of them from growing too
with fewer members is the minority party.
powerful. The first branch of government is
The leader of the House of Representatives,
the legislative branch, or Congress. It makes
or Speaker of the House, is elected by House
the nation’s laws. Article I of the Constitution
members from the majority party.
divides Congress into the House of Represen-
The U.S. vice president serves as presi-
tatives and the Senate.
dent of the Senate. He takes no part in Sen-
With 435 members, the House of Repre-
ate debates but can vote to break ties. If he is
sentatives is the larger congressional house.
absent, the president pro tempore (pro tem
The U.S. Census, a population count made
for short) leads the Senate. There is no law
every 10 years, determines how many mem-
for how the Senate must choose this position,
bers represent each state. A system called
but it traditionally goes to the majority par-
apportionment keeps total membership at
ty’s senator who has served the longest.
435. If one state gains a member, another
Congress begins sessions, or meetings,
state loses one. Members must be at least 25
each year in the first week of January. Both
years old, live in the state where they were
houses do most of their work in commit-
elected, and have been U.S. citizens for seven
tees. Each committee studies certain types of
years. They serve two-year terms.
bills, or suggested laws. For example, all bills
The Senate has two members, or senators,
about taxes begin in the House Ways and
per state. Senators represent the interests of
Means Committee.
the whole state, not just a district. They must
be at least 30 years old, have been U.S. citizens R eading C heck Comparing and Contrasting
for nine years, and live in the state they rep- What are the similarities in requirements for
resent. They serve six-year terms. The senior members of the House of Representatives and the
senator of a state is the one who has served Senate? What are the differences?

Citizenship and the constitution 183

 Checks and Balances

Executive Branch (President)

Checks on:
Legislative Branch
• May adjourn Congress in certain situations
Legislative Branch (Congress) • May veto bills
Judicial Branch
Checks on:
• Appoints judges
Executive Branch
• May reject appointments
• May reject treaties
• May withhold funding for presidential initiatives
• May impeach president
• May override a veto
Judicial Branch
Judicial Branch (Supreme Court)
• May propose constitutional amendments
to overrule judicial decisions Checks on:
• May impeach Supreme Court justices Executive Branch
• May declare executive actions unconstitutional
Legislative Branch
• May declare laws unconstitutional

Executive Branch The House of Representatives can

Article II of the Constitution lists the powers impeach, or vote to bring charges of serious
of the executive branch. This branch enforces crimes against, a president. Impeachment
the laws passed by Congress. cases are tried in the Senate. If a president
is found guilty, Congress can remove him
President and Vice President from office. In 1868 Andrew Johnson
As head of the executive branch, the presi- was the first president to be impeached.
dent is the most powerful elected leader in the President Bill Clinton was impeached in
United States. To qualify for the presidency 1998. However, the Senate found each man
or vice presidency, one must be a native-born not guilty.
U.S. citizen at least 35 years old. The presi-
dent must also have been a U.S. resident for Working with Congress
14 years. The president and Congress are often on dif-
Americans elect a president and vice presi- ferent sides of an issue. However, they must
dent every four years. Franklin D. Roosevelt, still work together.
who won four times, was the only president Congress passes laws. The president,
to serve more than two terms. Now, the however, can ask Congress to pass or reject
Twenty-second Amendment limits presidents bills. The president also can veto, or cancel,
to two terms. If a president dies, resigns, or laws Congress has passed. Congress can try
is removed from office, the vice president to override, or undo, the veto. However,
becomes president for the rest of the term. this is difficult since it takes a two-thirds

184 Chapter 6
majority vote. To carry out laws affecting Judicial Branch
the Constitution, treaties, and statutes, the
The third branch of government, the judi-
president issues executive orders. These
cial branch, is made up of a system of federal
commands have the power of law. The
courts headed by the U.S. Supreme Court.
president also may grant pardons , or free-
The Constitution created the Supreme Court,
dom from punishment, to persons convicted
but the Judiciary Act of 1789 created the sys-
of federal crimes or facing criminal charges.
tem of lower district and circuit courts.
The president also commands the armed The Impact
Article III generally outlines the courts’
forces. In emergencies, the president can call Today
duties. Federal courts can strike down a state
on U.S. troops. Only Congress, however, can The Office
or federal law if the court finds a law uncon-
declare war. Other executive duties include of Homeland
stitutional. Congress can then try to revise Security was
conducting foreign relations and creating
the law to make it constitutional. established in
treaties. Executive departments do most of 2002 to address
the executive branch work. As of 2004 there the increased
District Courts threat of terror-
were 15 such departments. The president
The president makes appointments to federal ism following
chooses department heads, who are called September 11,
courts. In an effort to keep federal judges free
secretaries, and the Senate approves them. 2001. In 2003, the
of party influence, the judges are given life office became
The heads make up the cabinet, which
appointments. The lower federal courts are the Department
advises the president. of Homeland
divided according to cases over which they
Security, the
R eading C heck Drawing Conclusions have jurisdiction, or authority. Each state has newest executive
What is the president’s most important power? at least one of the 94 district courts. department.

Circuit Riding circuit riding interfered so much with

Today the Supreme Court holds court the increased amount of business of the
only in Washington, D.C. In the past, Supreme Court that Congress passed a
however, the justices had to travel law ending the practice in the late 1800s.
through assigned circuits, hearing cases Path to the Supreme Court
together with a district judge in a prac- When a case is decided by a state or
Background of the Court tice known as riding circuit. federal court, the losing side may have
The rest of the Supreme Court The justices complained bitterly a chance to appeal the decision to a
decisions you see in this book will about the inconvenience of travel, which higher court. Under the federal system,
highlight important cases of the was often over unpaved roads and in this higher court is called the court of
Court. But in this first one, we’ll bad weather. This system was not just appeals. A person who loses in that court
discuss the history of the Court. inconvenient to the justices, however. may then appeal to the Supreme Court
T he first Supreme Court met in Some people worried about the fairness to review the case. But the Supreme
1790 at the Royal Exchange in New of a system that required justices who Court does not have to accept all
York City. The ground floor of this had heard cases at trial to rule on them appeals. It usually chooses to hear only
building was an open-air market. again on appeal. Other people, however, cases in which there is an important
When the national government thought that the practice helped keep legal principle to be decided or if two
moved to Philadelphia, the Court the justices in touch with the needs and federal courts of appeals disagree on
met in basement rooms in Inde- feelings of the average citizen. Eventually, how an issue should be decided.
pendence Hall. Once in Washing-
ton, the Court heard cases in the ANALYSIS

Capitol building until the present skill Analyzing Information

Supreme Court building was com- 1. What are two reasons why the practice of circuit riding ended?
pleted in 1932. 2. Why do you think the Supreme Court does not hear every case
that is appealed to it?

Citizenship and the

The Constitution
constitution 185
 Courts of Appeals Nine justices sit on the Supreme Court.
If someone convicted of a crime believes the The chief justice of the United States leads the
trial was unfair, he or she may take the case Court. Unlike the president and members of
to the court of appeals. There are 13 courts of Congress, there are no specific constitutional
appeals. Each has a panel of judges to decide requirements for becoming a justice.
if cases heard in the lower courts were tried In recent decades, the Supreme Court
appropriately. If the judges uphold, or accept, has become more diverse. In 1967 Thurgood
the original decision, the original outcome Marshall became the first African American
stands. Otherwise, the case may be retried in justice. Sandra Day O’Connor became the first
the lower court. female Court justice after her 1981 appoint-
ment by President Ronald Reagan.
Supreme Court
R eading C heck Summarizing Describe the
The Impact After a case is decided by the court of appeals,
Today structure and responsibilities of the judicial branch.
the losing side may appeal the decision to
Supreme Court the Supreme Court. Thousands of cases go
rulings can have to the Supreme Court yearly in the hope of
dramatic effects
on the nation, as a hearing, but the Court has time to hear SUmmary and PReview In this section
in Bush v. Gore, only about 100. Generally, the cases heard you learned about the balance between the
which decided involve important constitutional or public- different branches of the federal govern-
the outcome of
the 2000 presi- interest issues. If the Court declines to hear ment. In the next section you will learn
dential election. a case, the court of appeals decision is final. about the Bill of Rights.

Section 1 Assessment ONLINE QUIZ

Reviewing Ideas, Terms, and People Critical Thinking

1. a. Describe What type of government did the 5. Categorizing Review your notes on the branches
Constitution establish for the United States? of government. Then copy the web diagram below
b. Contrast What is the difference between and use it to show two powers of each branch of
delegated, reserved, and concurrent powers? government.
2. a. Recall What role does the vice president serve in
the legislative branch? Legislative
b. Compare and Contrast In what ways are the
Senate and the House of Representatives similar
and different? Executive
Separation
c. Elaborate Why do you think the requirements of Powers
for serving in the Senate are stricter than those for
serving in the House of Representatives?
3. a. Describe What powers are granted to the
president? Judicial

b. Make Generalizations Why is it important that

the president and Congress work together in resolv-
ing governmental issues?
Focus on Writing
c. Evaluate What do you think is the most
important power granted to the president? Why? 6. Gathering Information about the Constitution
4. a. Explain What is the main power of the judicial Look back through what you’ve just read about the
branch? Constitution. Make a list of four or five of the most
b. Evaluate Which branch of government do you important features of the Constitution. You’ll put that
feel is most important? Explain your answer. list on the second page of your pamphlet.

186 Chapter 6