lII

3. Judicial branch may check both the legislative andexecutive by declaring laws unconstitutional.

Obviously, this is not the whole system, but it is themain idea. Other checks and balances include:.

Executive over the judicial branch. The presidentappoints all federal judges.

Legislative over the executive branch. Thelegislative branch must approve appointments that thepresident makes; the Senate must approve treatjes thatthe president makes; and the legislative branch mayinvestigate the executive branch.

Legislative over the judicial branch.. The legislativebranch must approve the presideries choice of judgesto the judicial branch; may propose constitutionalamendments to overturn judicial decisions.

Legislative over the executive arid judicial brancb.The legislative branch has impeachment powers overall federal officers.

Judicial over the executive branch. Supreme Courtjustices cannot be fired by the president.

The authors of the Cgnstitutiori wanted to be sure thatno person or group would seize power and controlthe American government. To insure that this wouldnot happen, our United States government, underthe Constitution; was divided into three parts: theexecutive, the legislative, and the judicial. Each ofthese three branches has a check on the powers ofthe others. These checks provide a system of balancein our government, and that is why we call the systemchecks and balances.

You may also hear this system referred to as aseparation of powers. Although not directly mentionedin the. Constitution, the first three articles mark theresponsibilities of the executive, legislative; andjudicial branches. It gives some power to each branchof government instead of giving all the power to onebranch.

These are the most important checks and balances:1. Executive branch has the power to check the

legislative branch by vetoing laws that Congresswants to pass

2. Legislative branch may check the executive branchby passing laws over the veto by two-thirds vote ineach house.

A System of Checks and BalancesLegislative Branch .

make the laws

~udicialBranchinterpret the laws

rove presidentialents and foreign treaties

actions of the

Executive Branchenforce the laws

continued

There are other checks and balances in the Americangovernment besides those between branches ofgovernment. They include:

The Senate and House are able to check each other byrejecting bills passed by the other. The House has theadded check of sole power to start revenue bills.

A president is not elected directly by the people; onlyone-third of the Senate is elected at one time; and judgesare not elected by the people.

As you have learned from earlier chapters, the Constitutionalso protects the people from a too-powerful government.The Constitution grants you, the American people,select powers. You have the right to elect members ofgovernment and limits how long government leaders canbe in office.

In addition to the federal government, most state andlocal governments have the mechanics of a system' ofchecks and balances.

Another check and balance is the theory of federalism.This is a division of power between the federalgovernment and the state government. In many waysthis is a natural division of functions. Local affairs arehandled by local governments; national affairs by thefederal government.

The Constitution lists certain specific powers that belongto the federal government. These are called enumeratedpowers. In addition, Congress has the authority topass laws that are "necessary and proper" to fulfill thepurposes of the Constitution. Powers under this authorityare called implied powers.

Since the Constitution does not list in detail the powersbelonging to the states, there have been many conflictsover their respective powers. The Constitution does saythat any powers not delegated by the Constitution to thefederal government are reserved to the states or thepeople. These are called reserved powers.

1. Why is there a system of checks and balances?

2. Name the three branches of the federal government?

TRUE OR FALSE?__ 1. The judicial branch has no check on the other

branches.

__ 2. The Constitution says the states may have nopowers.

__ 3. The theory of federalism is a division of powerbetween the states and federal government.

__ 4. There are checks on the people, too.

__ 5. The Supreme Court judges are appointed byCongress.

__ 6. Once a Supreme Court judge is appointed, he/shemay never be removed.

__ 7.The president's veto is part of the system of checksand balances. .

-- 8. Reserved powers refers to the powers reservedtothe states or the people.

-- 9. Implied powers are the powers specifically listed inthe Constitution.

-- 10. The legislative branch has impeachmentpowers.

FILL IN THE BOXES (CHECKS & BALANCES)

a a "?I Executive 1.,....-.---

.7'__0--.1I LegiSlative I ~ D 1 Judicial

a. president appoints federal judgesb. must approve appointed judgesc. may pass laws by overriding a vetod. may declare laws from Congress unconstitutionale.rnay veto laws passed by Congressf. Supreme Court justices may not be fired

Jame~ Madison (17~1.- 1836)Known as the "Father of the Constitution," James Madison,campaigned vigorously for a system of checks and balances inthe governmental framework. In the Federalist Papers, Madison wrote extensively on this balance of power and how thiswould control the interests of various groups. Madison argued that the larger the society, and the more diverse interestsofits citizens, the more likely each faction would be to thwart the interests of other factions seeking c@ntrol.These conceptshelped lead to the success of the Constitution and its ultimate ratification. Madison would later"becomethe fourth President

of the United States. -

Our Constitutional fOIm of government can be changedwithout revolution or rebellion. The authors of theConstitution, revolutionaries themselves, felt thereshould be provisions for orderly change.

The amendment process is discussed in Article 5 of theConstitution. To make an amendment to the Constitution,the amendment r:nust be. proposed by either the statesor Congress, and then ratified by the states.

1. Congre~~ may propose amendments approved by atwo-thirds majority, in each house, or2. The legislatures of two-thirds of the states may requireCongress to summon a constitutional convention toconsider amendments.

1. An amendment is official when three-fourths of statelegislatures approve it, or2. When speqi~! conventions in three-fourths of thestates approve it.

Every amendment except the 21st was approved byusing the first method of proposing and ratifying.

In Article 4 of the Constitution, debts made under theArticles of Confederation were declared valid under thenew government of the Constitution.

Article 6 of the Constitution lists no religious tests forgovernment office. John F. Kennedy was the first Catholicto be elected to the presidency, and there has neverbeen a Jewish president. Article 6 requires governmentofficials take an oath supporting the Constitution.

Amendments to the United States Constitution maybe adopted whenever the need arises. The 16thAmendment was passed to allow income taxes after anearlier income tax law was found to be unconstitutionalby the U.S. Supreme Court. This is not to say that theU.S. Constitution is changed without much thoughtand consideration. Since the adoption of the U.S.Constitution in the late 1700s, there have only been27 amendments. By comparison, Alabama has made452 amendments to its state constitution, which isapproximately 90 years old.

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To repeal an existing amendment there must beanother amendment added. There has been only oneamendment repealed, the 18th (prohibition). The 18thwm·remain in the Constitution, but a notation has beenadded to note that is has been repealed by the 21st.

The responsibility and importance of voters hasincreased with the growth of our country and ourgovernment. The only way to safeguard our rightsand interests is to understand the Constitution, andbecome an interested voter. Though our governmentcosts a great deal in money and effort, Americans havealways been willing to work for effective, democraticgovernment.

Amending the ConstitutionMethods of Proposing Constitutional Amendments

~ By Congresswith a two-thirdsvoteof bothhouses.Ior

By nationalconventioncalledby Congressat therequestof two-thirds(34) -of the state legislatures.

Methods of Ratifying Constitutional Amendments

By state legislaturesin three-fourths(38)~of the states,

or

Lf By state conventionsin three-fourths(38) 1-of the states.

1. Describe the most common process used inamending the Constitution. _

2. Does the Constitution outline religious qualificationsfor the president? _

3. How many states does it take to ratify an Iamendment? _

4. What is the 16th Amendment? _

5. How many amendments to the Constitution have.beenmade? _

6. Which article of the Constitution describes theamending process? _

j

OnJune 14,1777, less thana year after the Declarationof Independence wassigned, the Continental tsF.,r:Congress adopted the ..:1stars and stripes as theflag of the United States. Original plans to provide anew star and a new stripe for each new state provedimpractical and it was decided that only a new starwould be added with each new state. So our flag todayretains 13 stripes in honor of the 13 original coloniesand 50 stars, one for each of our 50 states.

We look upon our flag as a symbol of union, freedom,and justice. Historically, the red of the flag stands forcourage, the white for liberty, the blue for loyalty. Sincethe number of stars show the growth of our nation, theflag is not only an emblem, but a history of our nationas well.

It should be important to all Americans to fly the flagfrom their homes on national holidays and other patrioticoccasions. When we pledge allegiance to our flag, it isnot a pledge to any person or political party but to theUnited States Constitution and its ideals.

When the flag passes in a parade or during the ceremonyof raising or lowering the flag, all persons present shouldface the flag, stand at attention, and salute, and menshould remove their hats.

"I pledge allegiance to the flag of the United States 'ofAmerica, and to the Republic for which it stands, onenation under God, indivisible, with liberty and justice forall."

All Americans should follow the flag code very closely inthe use and display of the flag. Some of the main pointsof the flag code are shown here. Consult a copy of the

\. complete code, found in your library or on the internet,when you have other questions about the flag.

1, The flag should be flown only from sunrise to sunset.2, The flag, should be hoisted briskly and lowered

ceremoniously.3. When displayed against the wall, the union should be

on top and to the flag's own right, your left.4. The flag may be used to cover a casket but should not

be lowered into the ground.5. In a procession the flag should always be in the front.6. Shown with flags of states or other groups the flag

should be in the center and highest.

Page 41

7. Shown with flags of other nations the American flagshould not be flown higher than others.

8. The flag should never be used as a cover orcarrying device.

9. The flag should be displayed daily and espe-cially on national holidays.

10 The flag should never be used for advertising.11. Nothing should be attached to the flag.12. The flag should not be bowed or lowered to any person

or thing.13. The flag should never touch the ground.14. Worn flags should be burned and not thrown in the

trash.15. On a speaker's platform the flag should be displayed

at the right if it is on a staff or on the wall behind thespeaker if is flat.

16. Flags flown from fixed staffs are placed at half staffto indicate mourning. The flag so used should be firstraised to the peak and then lowered to half staff; it isagain raised to the peak before lowering. '

Contrary to popular belief, the flag code is not a law withpenalties. It is a guide for American citi2;ehs on wh~tis the best etiquette for displaying and honoring theAmerican flag. The Supreme Court has ruled that eventhose who desecrate the flag by burning or mutilatingthe flag are simply exercising their rights offree speechand cannot be prosecuted. However, most Americansheed the flag code and treat it very seripusly.

1. What do the stars of the flag stand for? --,- __

2. What do the stripes of the flagst~nd for?:...-",,__

TRUE OR FALSE?__ 1. A staff flag should be put on the speaker's

right.

__ 2. The flag should be used to advertise only if theproducts advertised are in good taste. '

__ 3. The flag should be in the rear of a processionand centered.

_'_'_ 4. The flag should be flown only on holidays.

__ 5. The flag can be displayed on public buildings~

-.1!E~SrG(NE·DIAEi"Pfj(G"!id Betsy Ross design the flag? Probablyot. Historians have been unaple to find solividence that Betsy was involved in eitheaking or designing the flag. Best guess as whoid? Probably Francis Hopkinson, a naval flagesigner, who billed Congress for that service