Compare And Contrast The Powers Of The Legislative Branch

1. Powers of the Legislative Branch: Pass legislation, regulate trade, coin money, impeach officials, regulate trade, and override vetoes.

a. The Necessary and Proper Clause

The Necessary and Proper Clause is located under Article I Section 8 of the Constitution. It is also known as the elastic clause and says that the government is allowed to take actions not stated in Constitution, and is only in the best interest of the country.

b. Commerce Clause

The Commerce Clause is under Article 1 Section 8 of the Constitution and allows Congress to regulate interstate Commerce, with (international) foreign nations, and Indian tribes.

2. The Powers of the Executive Branch: Commander in Chief, Chief Diplomat, Chief Legislator, Chief Executive, and

Head of State
a. Appointment Powers
The Appointment Powers explains that the president has to be a natural born citizen of the U.S to become president. Once elected, you have to serve four years in office. The president appoints people in executive departments that he thinks can best execute his plans: Ambassadors, diplomats, cabinet members, independent agencies, judges, attorneys, and officers of armed forces. The senate has to validate this.
b.

Legislative Powers

Legislative Powers allow the Congress to make laws or alter laws. Congress passes the president bills and he has the power to either veto them or sign them. If he doesn’t sign it, a 2/3rd majority vote is issued within the Senate and the House and it then probably will become a law.

c. Judicial Powers

Based on the Constitution, the Judicial Power is left to the Supreme Court. They determine the validity of laws, interpret laws, determine the cases brought to them, and uses judicial review. The president has the right to migrate court actions except in cases of impeachment. He can grant pardons, reprieves, communication, forgiveness of a crime, and amnesty.

d. War Powers

As Commander in chief, with or without the consent of Congress, the President has the power to wage wars; Congress has the power to declare them.

3. The Powers of the Judicial Branch: No one should be denied life, liberty, or property without due process of the law. You have protection from being accused of the same crime twice. You have right to speedy trial. You have protection from unreasonable fines and cruel and unusual punishment. You have the right to avoid accusing yourself. You have the right to a lawyer, and the right to cross- examines

witness.
a. The Courts established by the Constitution
The Constitution is made up of the Supreme Courts and lower federal courts made by Congress. Judges serve for life unless they have been impeached.
b. Original Jurisdiction of the Supreme Court
The federal courts can take on cases between states and the U.S, states against states, cases dealing with other foreign nations, and cases against citizens.

c. Appellant Jurisdiction of the Supreme Court

Federal Courts can take on cases including foreign nation and Ambassadors. They can evaluate and alter decisions already made by lower courts.

4. The Relationship between States

a. Full Faith and Credit Clause

The Full faith and Credit Clause explains that all states will honor the decisions of courts, records, and public acts made in that state and in other countries. Exceptions are in criminal code and matters involving marriage.

b. Privileges and Immunities Clause

Privileges and Immunities Clause announce that no matter what state you live in, your rights will not be taken away from you. It also concerns people who have done criminal acts to return to the state in which the criminal activity occurred to take consequence.

5. The Protection and Guarantees that all Citizens Enjoy Under the Bill of Rights.

a. Amendments I-X are of the Constitution and are considered the Bill of Rights. Amendment I: The freedom to practice religion, the freedom of speech, and freedom to assembly and to petition.

Amendment II: The right to bear

arms.
Amendment III: Soldiers don’t have to live in your house during peacetime.
Amendment IV: No ones allowed to search your house without a warrant or with good evidence that you have committed a crime.
Amendment V: You cannot be tried for the same trial twice and that no ones property can be taken away from the government unless the government paid for it.
Amendment VI: If you have been arrested, you have the right to a public trial with a jury of people around your area. You have the right to defend yourself, the right to have a lawyer, and the right to know what you are accused of.
Amendment VII: You have the right to a jury when it it’s a law case between two people.
Amendment VIII: The government is not allowed to enforce cruel or unusual punishment when convicted of a crime. They also cannot make you pay unreasonable fines or bails.
Amendment XI: We have many rights not listed in the Constitution. (Non-enumerated Rights)
Amendment X: Anything the Constitution doesn’t list that Congress can do is left by the people or the state.