The Supreme Law of the Land

1. The Supreme Law of the Land The United States Constitution and the Separation of Powers in a Federal System

2. “the supreme law of the land…” • The federal system of government established by the United States Constitution was one which empowered the national government. Under the Articles of Confederation, the states had more power than the national government – state sovereignty. • Under the Constitution, whenever the national law came into conflict with state or local statutes, the national government would be supreme… Meaning that state sovereignty was a thing of the past.

3. The Preamble • “To form a more perfect union…” • “To establish justice…” • “To ensure domestic tranquility…” • “To provide for the common defense…” • “To promote the general welfare…” • “To secure the blessings of liberty…”

4. The Legislative Branch Congress The House of Representatives The US Senate

5. The Power to Make Laws

6. Powers Delegate to the United States Congress • The power to coin money – exclusively. • The power to declare war. Today, the power to declare war has been usurped by the President to a large extent. When was the last time the United States’ Congress actually declared war? • The power to regulate trade. • The power to make “necessary and proper” laws in order to carry out the powers that are listed. (Elastic Clause.)

7. The Elastic Clause • In Article One of the Constitution, Section Eight, it states that Congress shall have the right “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 of the United States, or in any department of officer thereof.” • This allows the Congress to carry out its work and change with the times when necessary.

8. The Executive Branch The President The Vice President

9. Checked Powers of the Executive Branch Because the Founding Fathers were fearful that the President might usurp power in the same manner that King George III had, they put in checks against the power of the Presidency.

10. Checks on the President’s Authority • The President’s job was to execute or enforce the laws, not to make them. • The President is the Commander-in-Chief, but only the Congress can declare war. • The President has the power to make treaties, but they are only binding if the Senate approves them. • The President can nominate judges for the Supreme Court or lower courts – and ambassadors or Secretaries for the various departments; however, all of these appointments must be approved by Congress.

11. George Washington The Founding Fathers were confident that George Washington would be elected as the First President of the United States; therefore, they designed the office with him in mind. He would establish several precedents as President; for example, serving just two terms in office and accepting the title, Mr. President.

12. The Judicial Branch • The justices of the Supreme Court were appointed by the President and approved by Congress; however, once selected, they served for life during times of good behavior. • The decisions of the Supreme Court are final, so members of the Court have enormous power. They are guaranteed both their jobs and their compensation.