important documents of american government chapters 3 and 4

Important Important Documents Documents

of of American American

GovernmentGovernment

Chapters 3 and 4Chapters 3 and 4

The Declaration of IndependenceThe Declaration of Independence

Who wrote it?Who wrote it? Why was it needed?Why was it needed? What did it say?What did it say? Who is “he”?Who is “he”? What is the underlying theme?What is the underlying theme? What was the message?What was the message?

The Constitution!!!!!!The Constitution!!!!!!The PreambleThe Preamble

We the people, in order to form a We the people, in order to form a more perfect Union, establish Justice, more perfect Union, establish Justice, insure domestic Tranquility, provide insure domestic Tranquility, provide for the common defence, promote for the common defence, promote the general Welfare and secure the the general Welfare and secure the Blessings of Liberty to ourselves and Blessings of Liberty to ourselves and our prosperity do ordain and our prosperity do ordain and establish this constitution for the establish this constitution for the United States of America.United States of America.

Breakdown of the ConstitutionBreakdown of the Constitution

How many articles does it have?How many articles does it have? How old do you have to be to be a How old do you have to be to be a

Representative, Senator, Pres…. VP?Representative, Senator, Pres…. VP? How long must you have been a citizen to How long must you have been a citizen to

be R, S, P?be R, S, P? What can the H.O.R. do to a politican that What can the H.O.R. do to a politican that

says, “we think you should be removed from says, “we think you should be removed from office”?office”?

What is the only crime defined in the What is the only crime defined in the Constitution?Constitution?

What central body holds most of the judicial What central body holds most of the judicial power of the United States?power of the United States?

The 6 Basic Principles of Gov’tThe 6 Basic Principles of Gov’t

1.) 1.) Popular SovereigntyPopular Sovereignty Gov’t can only govern with the consent Gov’t can only govern with the consent

of the governed.of the governed.

2.) 2.) Limited Gov’tLimited Gov’t Gov’t may only do those things that the Gov’t may only do those things that the

people have given it the power to do.people have given it the power to do.


3.) 3.) Separation of PowersSeparation of Powers The Constitution gives powers to the The Constitution gives powers to the

National Gov’t through three branches: National Gov’t through three branches: legislative, executive, and judicial.legislative, executive, and judicial.

4.) 4.) Checks and Balances (pg. 66)Checks and Balances (pg. 66) Each branch is subject to a system of Each branch is subject to a system of

restraints by other branches.restraints by other branches.


5.) 5.) Judicial ReviewJudicial Review Marbury vs. Madison (1803) gave the Marbury vs. Madison (1803) gave the

judicial branch the power to determine the judicial branch the power to determine the constitutionality of an action of the Gov’t.constitutionality of an action of the Gov’t.

6.) 6.) FederalismFederalism The division of political power among a The division of political power among a

central Gov’t and several regional gov’ts.central Gov’t and several regional gov’ts. Compromise b/t a strict central gov’t and a Compromise b/t a strict central gov’t and a

loose confederation.loose confederation.

Formally Amending the ConstitutionFormally Amending the Constitution

11stst method method Proposed by Congress by a 2/3 vote in Proposed by Congress by a 2/3 vote in

both houses, ratified by a ¾ of the State both houses, ratified by a ¾ of the State legislatures (38 states).legislatures (38 states).

26 out of the 27 amendments adopted this 26 out of the 27 amendments adopted this way.way.

22ndnd method method Proposed by Congress by a 2/3 vote in Proposed by Congress by a 2/3 vote in

both houses, ratified by special both houses, ratified by special conventions in ¾ of the States.conventions in ¾ of the States.

2121stst amendment adopted this way. amendment adopted this way.

Formally Amending the ConstitutionFormally Amending the Constitution

33rdrd method method Proposed at a national convention when Proposed at a national convention when

requested by 2/3 of the State legislatures, requested by 2/3 of the State legislatures, ratified by ¾ of the State legislatures.ratified by ¾ of the State legislatures.

Congress has never called such a convention.Congress has never called such a convention. 44thth method method

Proposed at a national convention called Proposed at a national convention called by Congress when requested by 2/3 of the by Congress when requested by 2/3 of the State legislatures, ratified by special State legislatures, ratified by special conventions held in ¾ of the States.conventions held in ¾ of the States.

How the Constitution was adopted.How the Constitution was adopted.

Informal AmendmentsInformal Amendments

Governmental practices that are Governmental practices that are accepted, but not necessarily in the accepted, but not necessarily in the Constitution.Constitution.

Basic LegislationBasic Legislation Congress can pass laws defining and Congress can pass laws defining and

interpreting the meaning of constitutional.interpreting the meaning of constitutional. Executive ActionExecutive Action

Presidents can do things that aren’t in the Presidents can do things that aren’t in the Constitution.Constitution.

Presidents can make executive agreements with Presidents can make executive agreements with reps in foreign gov'ts, avoiding the constitutional reps in foreign gov'ts, avoiding the constitutional requirement for Senate to approve formal requirement for Senate to approve formal treaties.treaties.

Informal Amendments (cont.)Informal Amendments (cont.)

Court DecisionCourt Decision U.S. courts interpret/apply the Const as they see fit.U.S. courts interpret/apply the Const as they see fit. The Supreme Court has been called “a The Supreme Court has been called “a

constitutional convention in continuous session.”constitutional convention in continuous session.” Party PracticesParty Practices

Political parties have been a major source of these.Political parties have been a major source of these. Holding politicial conventions, organizing Congress along Holding politicial conventions, organizing Congress along

party lines, injecting party policies in the process of party lines, injecting party policies in the process of presidential appointments.presidential appointments.

CustomCustom Each branch of gov’t has developed traditions that Each branch of gov’t has developed traditions that

fall outside the provisions of the Constitution.fall outside the provisions of the Constitution. Example: The President’s CabinetExample: The President’s Cabinet

National Gov’t has Delegated PowersNational Gov’t has Delegated Powers(Powers granted to it in the Const)(Powers granted to it in the Const)

Expressed PowersExpressed Powers Powers that are clearly spelled out in the Powers that are clearly spelled out in the

Constitution.Constitution.

Congress CanCongress Can Lay/collect taxes, coin money, regulate Lay/collect taxes, coin money, regulate

foreign and interstate commerce, declare foreign and interstate commerce, declare war, etc.war, etc.

President CanPresident Can Act as commander and chief, issue Act as commander and chief, issue

pardons, make treaties, name major pardons, make treaties, name major federal officials.federal officials.

National Gov’t Delegated PowersNational Gov’t Delegated Powers

Implied PowersImplied Powers Powers reasonably implied by the “necessary Powers reasonably implied by the “necessary

and proper” power given to Congressand proper” power given to Congress Article 1 Section 8: Necessary and Proper ClauseArticle 1 Section 8: Necessary and Proper Clause Congress has the power, “to make all laws which Congress has the power, “to make all laws which

shall be necessary and proper for carrying into shall be necessary and proper for carrying into execution the foregoing powers, and all other execution the foregoing powers, and all other powers vested by this Constitution in the Gov’t of powers vested by this Constitution in the Gov’t of the U.S. or in any department or officer thereof.:the U.S. or in any department or officer thereof.:

Aka: Elastic ClauseAka: Elastic Clause

Ex: 16Ex: 16thth amendment amendment

National Gov’t Delegated PowersNational Gov’t Delegated Powers

Inherent PowersInherent Powers Powers that belong to all sovereign Powers that belong to all sovereign

states in an international community.states in an international community. Powers that National Gov’ts have Powers that National Gov’ts have

historically possessed.historically possessed. Power to regulate immigration, to deport Power to regulate immigration, to deport

aliens, to acquire territory, give diplomatic aliens, to acquire territory, give diplomatic recognition to other states, protect the recognition to other states, protect the nation against rebellion or internal nation against rebellion or internal subversion.subversion.

Powers denied to the National Gov’tPowers denied to the National Gov’t

Powers expressly denied.Powers expressly denied. Power to levy taxes on exportsPower to levy taxes on exports To deny: religion freedom, speech, press, To deny: religion freedom, speech, press,

assembly, petition, etc.assembly, petition, etc. To conduct illegal searches or seizuresTo conduct illegal searches or seizures To deny anyone of a speedy and public To deny anyone of a speedy and public

trail by jurytrail by jury

Powers denied to the National Gov’tPowers denied to the National Gov’t

Powers denied due to the silence of the Powers denied due to the silence of the Constitution:Constitution: Can’t create a public school system for the Can’t create a public school system for the

nationnation Can’t enact uniform marriage and divorce Can’t enact uniform marriage and divorce

lawslaws Can’t tax state or local units for carrying out Can’t tax state or local units for carrying out

their gov’t functionstheir gov’t functions

State’s Powers – Reserved PowersState’s Powers – Reserved Powers

Reserved – Powers held by the states Reserved – Powers held by the states in the federal system.in the federal system.

The Powers not given to the National The Powers not given to the National Gov’t and those that aren’t denied to Gov’t and those that aren’t denied to the States.the States. Amendment #10Amendment #10

The State’s Can:The State’s Can:

Forbid persons under 18 to marry Forbid persons under 18 to marry without parental consent.without parental consent.

Set drinking age. (no one under 21)Set drinking age. (no one under 21) Require Dr.’s to have a license to Require Dr.’s to have a license to

operate.operate. Set up public school systems.Set up public school systems. Set conditions under which it allows Set conditions under which it allows

certain kinds of gambling, and outlaws certain kinds of gambling, and outlaws others.others.

What the State’s Can’t Do…What the State’s Can’t Do…

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

No State can print or coin money.No State can print or coin money. None can deprive a person of life, None can deprive a person of life,

liberty, or property without due liberty, or property without due process of law.process of law.

State’s can’t tax any of the agencies State’s can’t tax any of the agencies or functions of the National Gov’t.or functions of the National Gov’t.

Federal System and Local Gov’tFederal System and Local Gov’t

The real federalism in the US is b/t The real federalism in the US is b/t that national gov’t and the state that national gov’t and the state gov’ts.gov’ts.

More than 800,000 local gov’t units More than 800,000 local gov’t units in the US today (these are all the sub in the US today (these are all the sub units of state gov’ts).units of state gov’ts). Whatever action they do, they have the Whatever action they do, they have the

state’s permission.state’s permission. They are NOT sovereign.They are NOT sovereign.

Other PowersOther Powers Exclusive PowersExclusive Powers

The powers that can only be exercised by the The powers that can only be exercised by the National Gov’t.National Gov’t.

Concurrent PowersConcurrent Powers Powers that both the National and State Gov’t Powers that both the National and State Gov’t

possess and can exercise.possess and can exercise. Power to lay/collect taxes to define crimes and set Power to lay/collect taxes to define crimes and set

punishments for them; to condemn private property punishments for them; to condemn private property for public use.for public use.

Federalism allows for the division of Federalism allows for the division of powers to produce a dual system of Gov’t.powers to produce a dual system of Gov’t.

The Supreme Law of the LandThe Supreme Law of the Land

The Constitution stands above all The Constitution stands above all other forms of law.other forms of law.

The Supreme Court is the umpire in The Supreme Court is the umpire in the federal system, deciding conflicts the federal system, deciding conflicts produced by the dual system of produced by the dual system of gov’t.gov’t.

So, on to the Amendments!So, on to the Amendments!

11stst – freedoms of ….? – freedoms of ….? 22ndnd – right to….? – right to….? 33rdrd – no…. What involving troops? – no…. What involving troops? 44thth – no illegal….? – no illegal….? 55thth – five diff things… – five diff things… 66thth – speedy and public….? – speedy and public….? 77thth – civil trials…? – civil trials…? 88thth – no excessive… or cruel….? – no excessive… or cruel….?

Amendments Cont.Amendments Cont.

99thth – extra rights to the …? – extra rights to the …? 1010thth – extra rights to the…? – extra rights to the…? 1111thth – suits against the…? – suits against the…? 1212thth – electoral college…? – electoral college…? 1313thth – no more…? – no more…? 1414thth – citizenship rights to…? – citizenship rights to…? 1515thth – suffrage to who…? – suffrage to who…? 1616thth – gov’t can take…? – gov’t can take…? 1717thth – people can elect the…? – people can elect the…?

Amendment cont.Amendment cont. 1818thth – no more…? – no more…? 1919thth – suffrage…? – suffrage…? 2020thth – setting terms for…? (no lame ducks) – setting terms for…? (no lame ducks) 2121stst – what is allowed again? – what is allowed again? 2222ndnd – limits on what political office terms? – limits on what political office terms? 2323rdrd – electoral college reps for…? – electoral college reps for…? 2424thth – no what to vote…? – no what to vote…? 2525thth – who becomes Pres after Pres? – who becomes Pres after Pres? 2626thth – how old to vote…? – how old to vote…? 2727thth – who determines Congressional – who determines Congressional

pay…?pay…?