Chapter 3-4Chapter 3-4

The ConstitutionThe Constitution

Outline of the Constitution Outline of the Constitution (p. (p.

758)758)

PreamblePreamble Articles 1-7Articles 1-7

Article I – legislative Article I – legislative Article II – ExecutiveArticle II – Executive Article III – JudicialArticle III – Judicial Article IV – Relations among the StatesArticle IV – Relations among the States Article V – Provisions for AmendmentsArticle V – Provisions for Amendments Article VI – Public Debts; Supremacy of National Law; Article VI – Public Debts; Supremacy of National Law;

OathOath Article VII – Ratification of ConstitutionArticle VII – Ratification of Constitution

AmendmentsAmendments

Basic Principles:Basic Principles:

Popular SovereigntyPopular Sovereignty Limited GovernmentLimited Government Separation of powerSeparation of power Checks and BalancesChecks and Balances Judicial ReviewJudicial Review Federalism – Shared PowerFederalism – Shared Power

National and StateNational and State

Checks and BalancesChecks and Balances

Formal Amendment ProcessFormal Amendment Process

The Framers knew that even the wisest of The Framers knew that even the wisest of Constitution makers cannot build for all Constitution makers cannot build for all time. Thus, the Constitution provides for time. Thus, the Constitution provides for its own amendment – that is, for changes its own amendment – that is, for changes in its written words.in its written words.

Four possible methods of Formal Four possible methods of Formal Amendments – changes or additions that Amendments – changes or additions that become part of the written language of the become part of the written language of the Constitution itself.Constitution itself.

Formal Amendments: Why is it Formal Amendments: Why is it Important?Important?

Federalism and Popular Federalism and Popular SovereigntySovereignty

The Amendment Process is a Federal The Amendment Process is a Federal and State process. and State process.

Two steps shared between State and Two steps shared between State and Federal governments.Federal governments.

Proposed Amendments:Proposed Amendments:

More than 10,000 joint resolutions More than 10,000 joint resolutions calling for amendments to the calling for amendments to the Constitution have been proposed in Constitution have been proposed in Congress since 1789. Congress since 1789.

33 Have been sent on to the States33 Have been sent on to the States 27 Have been finally ratified27 Have been finally ratified

The E.R.A.The E.R.A.

The E.R.A. proposed by Congress in The E.R.A. proposed by Congress in 1972 fell three States short of 1972 fell three States short of ratification and died in 1982. ratification and died in 1982.

An amendment to give the District of An amendment to give the District of Columbia seats in Congress was Columbia seats in Congress was proposed in 1972; it died in 1985proposed in 1972; it died in 1985

The 27 AmendmentsThe 27 Amendments

The Bill of Rights – First ten The Bill of Rights – First ten AmendmentsAmendments

The Later AmendmentsThe Later Amendments

Informal Amendments:Informal Amendments:

The Passage of Basic LegislationThe Passage of Basic Legislation Actions Taken by the PresidentActions Taken by the President Key decisions by the Supreme CourtKey decisions by the Supreme Court Activities of Political PartiesActivities of Political Parties CustomCustom

Chapter 4Chapter 4

FederalismFederalism

Section 1 ObjectivesSection 1 Objectives

Define federalism and explain why the Define federalism and explain why the Framers chose this system of governmentFramers chose this system of government

Identify powers delegated to and denied Identify powers delegated to and denied to the National Government, and powers to the National Government, and powers reserved for and denied to the Statesreserved for and denied to the States

Understand that the National Government Understand that the National Government holds exclusive powers; it also holds holds exclusive powers; it also holds concurrent powers with the Statesconcurrent powers with the States

Why Federalism??Why Federalism??

Strong – yet provide and preserve Strong – yet provide and preserve strength to Statesstrength to States

Federalism defined:Federalism defined: Divided power between National Divided power between National

Government and State governmentsGovernment and State governments

Powers of the National Powers of the National GovernmentGovernment

The Expressed Powers: Enumerated, The Expressed Powers: Enumerated, written, spelled outwritten, spelled out

Example: Article 1, Section 8, Clause Example: Article 1, Section 8, Clause 1-17 1-17 (p. 764)(p. 764)

The Implied PowersThe Implied Powers

Reasonably suggested, Necessary Reasonably suggested, Necessary and Proper Clause, Elastic Clauseand Proper Clause, Elastic Clause

Article 1, Section 8, Clause 18 Article 1, Section 8, Clause 18 (p. 765)(p. 765)

To make all Laws which shall be necessary To make all Laws which shall be necessary and proper for carrying into Execution the and proper for carrying into Execution the foregoing Powers and all other Powers foregoing Powers and all other Powers vested by this Constitution in the vested by this Constitution in the Government of the United States, or in any Government of the United States, or in any Department of Officer thereof.Department of Officer thereof.

The Inherent PowersThe Inherent Powers

Powers inherent to all world Powers inherent to all world governments:governments: ImmigrationImmigration Regulation of Foreign TradeRegulation of Foreign Trade Acquiring of Territory Acquiring of Territory

Powers Denied to the National Powers Denied to the National GovernmentGovernment

Powers to Levy duties on exportsPowers to Levy duties on exports Powers to prohibit freedom of religion, Powers to prohibit freedom of religion,

speech, or assemblyspeech, or assembly Conduct illegal searches or seizuresConduct illegal searches or seizures Deny speedy and public trialsDeny speedy and public trials Create public school system Create public school system Marriage and divorce lawsMarriage and divorce laws Congress cannot tax any States or local Congress cannot tax any States or local

units of governmentunits of government

Powers Reserved to the Powers Reserved to the StatesStates

Powers not granted to National Powers not granted to National Government, yet not denied to the Government, yet not denied to the States.States.

1010thth Amendment Amendment (p. 773)(p. 773)

The powers not delegated to the United The powers not delegated to the United States by the Constitution, nor prohibited by States by the Constitution, nor prohibited by it to the States, are reserved to the States it to the States, are reserved to the States respectively, or to the people.respectively, or to the people.

Powers Denied to the StatesPowers Denied to the States

No State can enter into any treaty, alliance, or No State can enter into any treaty, alliance, or confederation.confederation.

No State can print or coin moneyNo State can print or coin money No Sate can deprive any person of life, liberty, No Sate can deprive any person of life, liberty,

or property without due process of lawor property without due process of law No State can tax any of the agencies or No State can tax any of the agencies or

functions of the National Governmentfunctions of the National Government No State can violate its own State No State can violate its own State

ConstitutionConstitution

The Exclusive and Concurrent The Exclusive and Concurrent PowersPowers

The Federal System and Local The Federal System and Local GovernmentsGovernments

We have thousands of local governments yet ultimately two forms We have thousands of local governments yet ultimately two forms – States and National– States and National

The Supreme Law of the The Supreme Law of the LandLand

The Constitution , laws and treaties The Constitution , laws and treaties are the supreme law of the land. are the supreme law of the land. Constitution stands above all other Constitution stands above all other forms of law.forms of law.

Supremacy ClauseSupremacy Clause ““Linchpin of the Constitution” It joins Linchpin of the Constitution” It joins

the National Government and the States the National Government and the States into a single government unitinto a single government unit

The Division of Power Between the The Division of Power Between the National Government and the StatesNational Government and the States

A.A. Delegated powers of the National GovernmentDelegated powers of the National Government

B.B. ?________?________

C.C. ?________?________

D.D. ?________?________

E.E. Powers Denied the StatesPowers Denied the States

F.F. ?________?________ BA

C

F

ED

Supreme Court and Supreme Court and FederalismFederalism

McCulluch vs. Maryland (p. 95)McCulluch vs. Maryland (p. 95)