The Constitution & Federalism. Chapter 3 - 4. Learning Target. Students will learn the basic principles of the Constitution & how the Constitution can be changed. 6 Basic Principals of the Constitution. Popular Sovereignty idea that people hold the power in our government.
Chapter 3 - 4
Students will learn the basic principles of the Constitution & how the Constitution can be changed.
idea that people hold the power in our government.
2. Limited Gov’t
gov’t possesses only the powers the people give it.
3. Separation of Power
established 3 separate branches of govt that share our govt power.
4. Checks and Balances
none of the 3 branches can become too powerful.
5. Judicial Review
power to interpret the Cont. Courts have the power to declare something “unconstitutional”
divided the power between the central government & the States.
change to the written words of the Const.
act of approving a proposed amendment
3. Informal Change
a change that has not altered the actual words of the Const.
Passed laws that fill details about the specific ways the gov’t operates.
Passed thousands of laws that explain certain parts of the Constitution.
Declared war w/o Congress consent.
3c. US Supreme Court
Changed the Const. by explaining parts of it when ruling on cases.
4. No 3rd term tradition
What had been an unwritten custom became a written part of the Const. with the 22nd Amendment in 1951
GW started & FDR ended no 3rd term
1st 10 Amendments
Press, Assembly, & Petition
2nd - Right to Bear Arms
3rd - Quartering of Troops
4th - Searches & Seizures
5th - Criminal proceedings, Due Process,
& Eminent Domain
7th - Civil Trials
8th - Punishment for Crimes
9th - Unenumerated Rights
10th - Powers Reserved to the States
Bill of Rights
1795 - Amendment 11
States immune from certain lawsuits
1804 - Amendment 12
Changes in electoral college procedures
1865 - Amendment 13
Abolition of Slavery
1868 - Amendment 14
Citizenship, equal protection, and due process
1870 - Amendment 15
No denial of vote because of race, color or previous enslavementThe 27 Amendments
Congress given the power to tax incomes
1913 - Amendment 17
Popular election of U.S.
1919 - Amendment 18
Prohibition of alcohol
1920 - Amendment 19
1933 - Amendment 20
Change of dates for presidential and congressional terms
1933 - Amendment 21
Repeal of prohibition (Amendment 18)The 27 Amendments
Limit on presidential terms
1961 - Amendment 23
District of Columbia allowed to vote in presidential elections
1964 - Amendment 24
Ban of tax payment as voter qualification
1967 - Amendment 25
Presidential succession, vice presidential vacancy, and presidential disability
1971 - Amendment 26
Voting age changed to 18
1992 - Amendment 27
Congressional payThe 27 Amendments
The U.S. Constitution is one of the most influential legal documents in existence. Since its creation some two hundred years ago, over one hundred countries around the world have used it as a model for their own.
The U.S. Constitution has 4,440 words. It is the oldest and the shortest written constitution of any government in the world.
Of the typographical errors in the shortest written constitution of any government in the world.
the Constitution, the misspelling
of the word “Pensylvania” above
the signers’ names is probably the
Thomas Jefferson did not the shortest written constitution of any government in the world.
sign the Constitution. He
was in France during the
Convention, where he
served as the U.S. minister.
John Adams was serving
as the U.S. minister to
Great Britain during the
and did not attend either.
The oldest person to sign the the shortest written constitution of any government in the world.
Constitution was Benjamin
Franklin (81). The youngest
was Jonathan Dayton of New
The word “democracy” does not the shortest written constitution of any government in the world.
appear once in the Constitution.
When the Constitution the shortest written constitution of any government in the world.
was signed, the United
States’ population was
4 million. It is now more
than 300 million. Philadelphia
was the nation’s largest city,
with 40,000 inhabitants.
It took one hundred days to the shortest written constitution of any government in the world.
actually “frame” the Constitution.
There was initially a question as to how the shortest written constitution of any government in the world.
to address the President. The Senate
proposed that he be addressed as
“His Highness the President of the
United States of America and Protector
of their Liberties.” Both the House of
Representatives and the Senate
compromised on the use of “President
of the United States.”
Bill of Rights
Rule of Law
Separation of Powers
If college football changed the length of each quarter, what would be the process ?
Students will learn the 3 main types of delegated powers.
1. Delegated powers
powers granted to the Nat’l Govt by the Constitution.
2. There are 3 types of delegated powers:
1. Expressed Powers
- powers delegated to the National Gov’t
- expressly spelled out in the Constitution
1. Implied Powers
powers not stated in the Const but are implied by the expressed powers.
- “The Necessary and Proper Clause”
- “The Elastic Clause”
- convenient & useful gov’t powers
1. Inherent Powers
Gov’t has historically possessed powers.
- regulate immigration
- deport undocumented aliens
- acquire territory
- protect the nation from rebellion or other attempts to overthrow it.
1. Levy duties on exports
2. Prohibit freedom of religion, speech, press, or assembly
3. Conduct illegal searches and seizures
4. Deny any person a speedy & public trial.
1. Reserved Powers
- powers that are not given to the National Gov’t & powers the states may have.
- decided how old people must be to get driver’s licenses
- forbid persons under 18 to marry without parental consent
- permit some forms of gambling
Just as the Constitution denies the National Gov’t powers, it also denies many powers to the States.
1. No state can enter into any treaty, alliance, or confederation
2. No State can print or coin money
3. No state can deprive any person of life, liberty, or property w/o due process.
Read Article I Section 8 of the Constitution in your Govt book
Find the clauses giving Congress each of these powers:
1. coin money, 2. borrow money,
3. declare war, 4. set up postal system,
5. collect taxes
1. What was the main problem the Framers had to solve at the Philadelphia Convention of 1787?
different sides of this issue.
2. How did the Framers finally resolve the problem you identified in step 1?
3. What were the advantages and disadvantages of their decision?
1. What was the main problem the Framers
had to solve at the Constitutional Conv?
2. What was James Madison & Patrick Henry
argument over a strong national government?
3. Describe the government system the Framers used to solve their problem.
Ronald Reagan gives power back to states
Why do fishing and hunting licenses usually cost more for nonresidents of the state?
Residents pay taxes to maintain these resources, so their fees are lower than nonresidents’ fees.
Students will learn powers granted to the National & State governments & what powers are shared by both.
1. Exclusive powers
- powers that can only be exercised by the National Gov’t alone.
- Coin money, make treaties, or
2. Concurrent Powers - powers that both the Nat’l Gov’t & States possess & exercise
- Collect and levy taxes, define crimes & set punishments.
Some powers are exercised by both levels of government, as you can see in the circle.
Why do both levels of government have the power to establish law enforcement agencies?
1. National & State law may conflict with each other
2. Supremacy Clause
- Joins the Nat’l Gov’t & the States into a single governmental unit (federal gov’t.)
3. Constitution is the
“Supreme Law of the Land.”
In the 1819 case McCulloch v. Maryland, the Court ruled that when federal and State laws conflict, the federal law wins if it is constitutional.
How does the disastrous result in this cartoon illustrate the Supremacy Clause?
1. Protect against invasion
2. Protect against internal disorder or domestic violence.
3. Create new States
- states cannot be created from territory of another state without the permission from that state’s Legislature.
The Louisiana Territory was bought by President Thomas Jefferson from France in 1803. This purchase nearly doubled the size of the United States.
By 1810, 77,000 people lived in the area of what is now the State of Louisiana and they wished to acquire Statehood.
In 1812, Louisiana became the 18th State.
1. The Nat’l Gov’t and States share of federal tax money
a. Categorical Grants - school lunches or construction of airports or wastewater treatment plants.
b. Block Grants - health care, social service, or welfare.
c. Project Grants - support scientists research on cancer, diabetes, etc.
Trouble among the States was a major reason for the adoption of the Const.
Several parts of the Const. deal with how the States interact with each other.
1. States not allowed to make treaties with one another
2. Interstate compacts
- agreements in response to shared problems with one another.
3. Full Faith and Credit Clause
- each st must honor the laws, records, court decisions of every other st
4. Privileges and Immunities Clause
- no State may discriminate against a person who lives in another State.
- states must recognize the right of any American to travel in, do business in, or become a resident of that State.
The Full Faith and Credit Clause of the Constitution requires each State to honor and enforce the laws, official documents, and court rulings of other States.
Documents issued in one State—such as birth certificates—must be accepted in all States.
4. Privileges and Immunities Clause
- State may draw reasonable distinctions between its own residents and those of other States.
Ex …A state may require that a person live within its boundaries for a period of time before they can vote in National and State elections.
- a person accused of a crime in one State is returned for trial to that State by the police of another State.
** The Constitution’s provisions about interstate relations strengthened the hand of the national Government. By doing so they lessened many of the frictions between the States.
Why is it important for the states to keep interstate relations ?
Name 3 types of communication between
the states 1800s & 2012.
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