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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.

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The constitution federalism

The Constitution&Federalism

Chapter 3 - 4


Learning target

Learning Target

Students will learn the basic principles of the Constitution & how the Constitution can be changed.


6 basic principals of the constitution

6 Basic Principals of the Constitution

  • Popular Sovereignty

    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.


6 basic principals of the constitution1

6 Basic Principals of the Constitution

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”

6. Federalism

divided the power between the central government & the States.


Changing the constitution

Changing the Constitution

1. Amendment

change to the written words of the Const.

2. Ratification

act of approving a proposed amendment

3. Informal Change

a change that has not altered the actual words of the Const.


Changing the constitution1

Changing the Constitution

3a. Congress

Passed laws that fill details about the specific ways the gov’t operates.

Passed thousands of laws that explain certain parts of the Constitution.

3b. Presidents

Declared war w/o Congress consent.

3c. US Supreme Court

Changed the Const. by explaining parts of it when ruling on cases.

-


Changing the constitution2

Changing the Constitution

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


Articles of the constitution

Articles of the Constitution


The constitution federalism

Bill

Of

Rights

1st 10 Amendments


The constitution federalism

1st - Freedom of Religion, Speech,

Press, Assembly, & Petition

2nd - Right to Bear Arms

3rd - Quartering of Troops

4th - Searches & Seizures

5th - Criminal proceedings, Due Process,

& Eminent Domain


The constitution federalism

6th - Criminal Proceedings

7th - Civil Trials

8th - Punishment for Crimes

9th - Unenumerated Rights

10th - Powers Reserved to the States


The 27 amendments

1791 - Amendments 1-10

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 enslavement

The 27 Amendments


The 27 amendments1

1913 - Amendment 16

Congress given the power to tax incomes

1913 - Amendment 17

Popular election of U.S.

Senators

1919 - Amendment 18

Prohibition of alcohol

1920 - Amendment 19

Women’s suffrage

1933 - Amendment 20

Change of dates for presidential and congressional terms

1933 - Amendment 21

Repeal of prohibition (Amendment 18)

The 27 Amendments


The 27 amendments2

1951 - Amendment 22

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 pay

The 27 Amendments


The 27 amendments3

The 27 Amendments


The constitution federalism

Constitutional

Facts


The constitution federalism

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 constitution federalism

The U.S. Constitution has 4,440 words. It is the oldest and the shortest written constitution of any government in the world.


The constitution federalism

Of the typographical errors in

the Constitution, the misspelling

of the word “Pensylvania” above

the signers’ names is probably the

most glaring


The constitution federalism

Thomas Jefferson did not

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

Constitutional Convention

and did not attend either.


The constitution federalism

The oldest person to sign the

Constitution was Benjamin

Franklin (81). The youngest

was Jonathan Dayton of New

Jersey (26).


The constitution federalism

The word “democracy” does not

appear once in the Constitution.


The constitution federalism

When the Constitution

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.


The constitution federalism

It took one hundred days to

actually “frame” the Constitution.


The constitution federalism

There was initially a question as to how

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.”


Video

Video

Preamble

http://youtu.be/0NVVjIriFeE

Bill of Rights

http://youtu.be/vmLosRzNRqA

http://youtu.be/fndm9kPEZhs

http://youtu.be/pRTFk9Dc8Tg


Video1

Video

Rule of Law

http://youtu.be/q0MTEm2a7PA

Separation of Powers

http://youtu.be/Nnqk-yGzYYg

Representative Government

http://youtu.be/bVD0bZ5H4MY


End of day 1

End of Day 1


Chapter 4

Chapter 4

Federalism


Bell ringer

Bell Ringer

If college football changed the length of each quarter, what would be the process ?


Learning target1

Learning Target

Students will learn the 3 main types of delegated powers.


Powers of the national gov t

Powers of the National Gov’t

1.Delegated powers

powers granted to the Nat’l Govt by the Constitution.

2.There are 3 types of delegated powers:

  • Expressed

  • Implied

  • Inherent


Expressed powers

Expressed Powers

1.Expressed Powers

- powers delegated to the National Gov’t

- expressly spelled out in the Constitution


Implied powers

Implied Powers

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


Inherent powers

Inherent 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.


Powers denied to the national gov t

Powers Denied to the National Gov’t

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.


Powers reserved to the states

Powers Reserved to the States

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


Powers denied to the states

Powers Denied to the States

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.


Assignment 1

Assignment 1

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


Assignment 2

Assignment 2

1. What was the main problem the Framers had to solve at the Philadelphia Convention of 1787?

  • Using information in your text, list the

    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?


Assignment 21

Assignment 2

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.


Video2

Video

Ronald Reagan gives power back to states

http://youtu.be/h8_G-mlKxTY


End of day 2

End of Day 2


Bell ringer1

Bell Ringer

Why do fishing and hunting licenses usually cost more for nonresidents of the state?


The constitution federalism

Residents pay taxes to maintain these resources, so their fees are lower than nonresidents’ fees.


Learning target2

Learning Target

Students will learn powers granted to the National & State governments & what powers are shared by both.


Exclusive and concurrent powers

Exclusive and Concurrent Powers

1. Exclusive powers

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

- Coin money, make treaties, or

tax imports.

2. Concurrent Powers - powers that both the Nat’l Gov’t & States possess & exercise

- Collect and levy taxes, define crimes & set punishments.


Sharing responsibility

Sharing Responsibility

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?


Federal state powers

Federal / State Powers


The supreme law of the land

The Supreme Law of the Land

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.”


Supreme law

Supreme Law

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?


The nation s obligations to the states

The Nation’s Obligations to the States

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.


Louisiana becomes a state

Louisiana Becomes a State

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.


Territorial expansion of the u s

Territorial Expansion of the U.S.


Cooperative federalism

Cooperative Federalism

1.The Nat’l Gov’t and States share of federal tax money

- Grants

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.


Types of federal grants

Types of Federal Grants


State aid to the national gov t

State Aid to the National Gov’t

  • The States and their local gov’t also aid the National Gov’t in many ways:

    • National elections financed with State and local funds.

    • Admit new citizens in State courts

    • Cooperate with federal law enforcement agencies.


Interstate relations

Interstate Relations

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.


Interstate relations1

Interstate Relations

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.


Full faith and credit

Full Faith and Credit

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.


Interstate relations2

Interstate Relations

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.


Interstate relations3

Interstate Relations

5.Extradition Clause

- 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.


End of chapter

End of Chapter !!


Bell ringer2

Bell Ringer

Why is it important for the states to keep interstate relations ?


Bell ringer3

Bell Ringer

Name 3 types of communication between

the states 1800s & 2012.


Fema video

FEMA Video

Katrina – What Went Wrong

http://youtu.be/dMYhKydeTkM

FEMA response to Katrina

http://youtu.be/UXLXjys9EgM

Inside Hurricane Katrina

http://youtu.be/GKnwjPcZXkQ

http://youtu.be/aSh8cNnF0Fk


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