Chapter 3: The Constitution

1. Chapter 3: The Constitution

2. Objectives Section 1 Understand the basic outline of the Constitution. Understand the six basic principles of the Constitution: popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism.

3. Ob 1: Outline of the Constitution 7000 words total! • The Constitution is organized in a simple fashion and is fairly brief. • In many areas it focuses more on principles than specific details. This helps it _________ the nation through changing times. • The seven articles are followed by the 27 amendments.

4. Six Basic Principles 1. Popular Sovereignty • The principle that the people are the only source for all governmental power. • The government rules through leaders elected by the people to represent the people. • The _____________ notes that the Constitution is created by “We the People.” 2. Limited Government • Government may only do those things the people have given it the power to do. • Government must ___________ the law. • Much of the Constitution spells out limits on the power of the government.

5. 3. Separation of Powers • The Constitution divides power among the legislative, executive and judicial branches. • Congress ________________ the laws, the President executes and administers the laws, and the Supreme Court interprets the laws. • Separation of powers keeps a strong central government from being too powerful. • Too much power concentrated in any one branch could lead to abuses of that power. 4. Checks and Balances • Each branch of the federal government can check the power of the other two. • The President can ______________ bills passed by Congress, but Congress can override a veto. • The Senate can reject presidential appointees or refuse to ratify a treaty. • Congress can vote to impeach a federal official. • The federal courts can rule that executive and legislative acts are _______________________.

6. May veto legislation

7. 5. Judicial Review • The Courts can decide if a government action is constitutional. • The power of _______________ review is held by all federal courts and most state courts. • Judicial review was established as a necessary power of the courts by Supreme Court Chief Justice John Marshal in the case Marbury v. Madison in 1803. • Most acts are found to be constitutional, but the Supreme Court has struck down many presidential, congressional, and state measures over the years. 6. Federalism • Federalism is a ________________ between an all-powerful central government and an independent state government. • It corrected the weaknesses of the Articles of Confederation without replacing them with a British-style monarchy. • The Framers felt that too much governmental power threatened liberty. • Federalism helps prevent that power from being abused, by dividing governmental power.

9. Objectives Section 2 Identify the different ways by which the Constitution may be formally changed. Explain how the formal amendment process illustrates the principles of federalism and popular sovereignty. Understand that several amendments have been proposed, but not ratified. Outline the 27 amendments that have been added to the Constitution. Understand informal changes to Constitutions

10. Amending the Constitution The amendment process allows the Constitution to _______ to the changing needs of our nation and society. The United States has gone from a farming nation of less than 4 million people to a high-tech country with a population of more than 300 million. Portions of the Constitution have been added, deleted, or __________ as a result of amendments.

11. The Formal Amendment Process • Article ____ of the Constitution describes the amendment process.

12. Federalism & Popular Sovereignty • Amendments are proposed at the _____________ level and ratified at the ______________ level by legislatures or conventions. • A state can reject an amendment and later decide to ratify it. • But a state cannot change its mind after it votes to ratify an amendment. • The President cannot veto proposed amendments. • The amendment process is based on popular _________________. • The people elect the representatives who vote to propose or ratify amendments. • Some critics argue that conventions are a better way to ratify amendments than state legislatures, because state legislators are rarely elected based upon their views on an amendment. • The Supreme Court has ruled that states cannot require a proposed amendment to be approved by popular vote before the state legislature can ratify it.

13. Proposed Amendments • Most suggested amendments are never proposed by Congress. • Congress has sent only __________ of some 15,000 suggested amendments to the states. • Six proposed amendments were not ratified by the states. • Congress can set a “reasonable” time limit for ratification, usually around seven years. • Failed amendments include one declaring the equal rights of _________ (ERA) and one banning amendments dealing with slavery.

14. The 27 Amendments Many of the 27 current amendments were proposed in response to legal disputes, social conflicts, or perceived constitutional problems. • The 12th Amendment resolved a problem with the presidential election process. • The 13th Amendment abolished ______________. • What is the purpose of the Bill of Rights? • They spell out many basic rights and ____________. • Many people would not support the Constitution until a Bill of Rights was promised.

15. The 27 Amendments, cont. • 1791 - Amendments 1-10 • Bill of Rights • 1795 - Amendment 11 • States _______________ 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 ___________________ • The 15th, 19th, and 26th Amendments each extended voting rights to a new segment of society: • African Americans • Women • 18-year olds

16. The 27 Amendments, cont. • 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 ____________, vice presidential vacancy, and presidential disability • 1971 - Amendment 26 • Voting age changed to 18 • 1992 - Amendment 27 • Congressional pay • 1913 - Amendment 16 • Congress given the power to tax incomes • 1913 - Amendment 17 • Popular election of U.S. Senators • 1919 - Amendment 18 • _______________ 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)

17. Change by Other Means Congress has expanded upon basic constitutional provisions. Congress created much of the specific structure of the federal government. Congress established the ___________ court system—the Constitution created only the Supreme Court. Congress created the many departments and agencies in the executive branch. Congress has clarified issues such as the succession of the Vice President. Congress passes laws that clarify its own constitutional powers. The Constitution describes some congressional powers in _________ terms. For example, Congress has the power to regulate foreign trade and interstate commerce. Over the years, Congress has passed thousands of laws that detail just what is meant by words like “regulate,” “trade,” “interstate” and “commerce.” In the process, it has interpreted the meaning of the Constitution.

18. Expanding Executive Power Presidents have increased their constitutional powers by taking a ____________ interpretation of such powers. Often this involves avoiding the need to gain congressional approval. For example, only Congress can declare war. But while acting as commander-in-chief, many Presidents have sent military forces into combat without a formal act of war. The Senate must approve formal treaties. But Presidents can and do enter into legally binding executive agreements with foreign leaders without asking for Senate approval. The Constitution grants the President “executive power.” Most Presidents argue that this power includes the __________ to do things not specifically mentioned in the Constitution. For example, Thomas Jefferson used it as a justification for acquiring new territory for the United States when he purchased the Louisiana Territory in 1803.

19. The Courts The nation’s courts, particularly the Supreme Court, interpret the Constitution on a regular basis. The power of judicial review gives the Court the power to ____________ laws unconstitutional. Declaring that a law is constitutional also involves interpreting the Constitution. Each type of ruling sets a _________________ for interpreting future laws.

20. Political Party Practices The Constitution does not mention political parties. Most of the Framers actually ______________ parties, fearing they would divide the government. Yet parties are very influential in our political process. The daily business and the committee system of Congress are organized around party membership. • The Constitution says nothing about the nomination process. • Political parties use state ______________ and national conventions to choose candidates. • Parties also influence the selection of electors to the electoral college. • Party membership also influences the President’s decision-making process when choosing political appointees.

21. Custom & Usage Unwritten customs can be as ____________ as written laws. The President’s Cabinet exists solely as a result of custom rather than any laws. The custom of senatorial ________________ guides the appointment of public officials. Ever since George Washington, Presidents had limited themselves to two terms in office. After Franklin Roosevelt was elected to four consecutive terms from 1932 to 1944, the two-term limit was made into law by passage of the ____________ Amendment in 1951.

22. Objectives Section 3 Define federalism and explain why the Framers chose this system. Identify powers delegated to and denied to the National Government, and powers reserved for and denied to the States. Explain the difference between exclusive and concurrent powers. Examine the Constitution as “the supreme Law of the Land.”

23. Federalism The Framers believed that government power must be divided and limited so that it cannot ________________ individual liberty. The Constitution divides power between the federal government and the States through federalism. Federalism creates two basic levels of government that _____________. Each level has some powers denied to the other level.

24. Strengths Federalism allows local governments to handle ________ concerns while the national government deals with national issues. This gives each of the States some flexibility when dealing with challenges. Successful State programs, such as _____________ reform, can influence national policies as well as policies in other States. Federalism also lets the nation respond in a united way to serious crises like war or natural disasters.

25. Federal Powers Expressed Powers The congressional powers specified in the Constitution in ____________ include the power to coin money, raise armed forces, and levy taxes. Other expressed powers are granted to the President in Article II and the Supreme Court in Article III. • Implied Powers • The Necessary and Proper Clause gives Congress the power to make all laws “necessary and proper” for carrying out its expressed powers, so it is said to stretch to cover many situations. • Congress exercises many ____________ powers that are based upon its expressed powers. These implied powers include building the interstate highway system and banning racial discrimination in public places.

26. Inherent Powers Every national government has certain powers, called inherent powers. These inherent powers are _____________ based on the Constitution. Inherent powers include acquiring territory, defending the nation, regulating immigration, and conducting diplomacy. Denied Powers The Constitution denies certain powers to the federal government. Some powers are specifically denied, such as the power to prohibit freedom of religion, speech, press, or assembly. Other powers, like creating a national _____________system, are denied because they cannot be based on expressed powers. Finally, the national government cannot have powers that would undermine the existence of the federal system.

27. State Reserved Powers The ___________ Amendment reserves to the States all powers not given to the federal government or denied to the States. These powers include the police power, which lets a State protect and promote public health, morals, safety, and general welfare. State and local governments use the huge scope of the reserved powers to perform many of their daily actions. Issuing driver’s licenses is a power reserved to the States. Most States require a written, on-road, and vision test. The age at which teenagers can get a license and the rules new drivers must follow vary from ______________ to State.

28. Powers Denied the States The Constitution specifically denies some powers to the States. Some of these powers are also denied to the federal government. Other powers denied to the States are ________________ to the federal government. For example, States cannot tax imports or coin money, but the federal government can. The States are denied some powers by the nature of the federal system. No _____________ can tax the federal government or regulate interstate trade.

29. Exclusive v. Concurrent Powers Exclusive powers are only for ___________________ Government Concurrent powers are ______________ by the federal government and State governments. They allow the federal system to function. They include all powers not exclusive to the national government or denied to the States. Local governments use these powers only with the permission of their State.

30. Supreme Law -Article 6 The Constitution is the supreme law of the land, standing above all treaties and acts of Congress. Below these federal laws come State laws. In a federal system, State and federal laws sometimes __________. The Supreme Court ____________ conflicts between State and federal laws. The Court can rule a State or federal law to be unconstitutional.

31. Section 4 Objectives Explain the process for admitting new states Examine cooperative federalism Explain why states make interstate compacts Understand full Faith & Credit, Extradition, and Privileges and Immunities

32. National Obligations to the States 1. The Constitution guarantees each State a ___________ form of government. This guarantee is interpreted to mean that each State must have a representative government. 2. The Federal government must protect the States from invasions and ________________ violence. Federal force has rarely been used to restore order inside a State, though it happened in the 1960s during the civil rights movement. 3. The national government must recognize the legal existence and physical borders of each State. Each State must be ___________ in the U.S. Congress.

33. Admitting New States The Northwest Ordinance of __________ set the rules for admitting new States. It established the principle that U.S. territories could become equal members of the nation once they had a high enough population. Only Congress can admit new States. A new State _____________ be made from the territory of any existing States without their consent.

34. Admitting New States, cont. Congress has admitted _________ States since the nation was founded. Most States spent at least 15 years as part of territories before admission. In __________, Hawaii and Alaska became the last two States added to the Union.

35. Admission Procedure An area desiring Statehood first asks Congress for admission. If Congress agrees, it passes an enabling act. The territory must then hold a convention to write a proposed constitution. This constitution must then be approved first by territorial voters and later by Congress. If Congress approves the State constitution, it passes an act of admission, which the President must then sign to admit the new State. Congress may require a State to meet certain conditions before being admitted. For example, Utah was not admitted until it outlawed polygamy. These conditions cannot interfere with a State’s independent right to manage its own internal affairs.

36. Sharing Resources Congress began granting federal lands and money to the States early in the nation’s history. Land ___________ were often used to establish schools, colleges, and roads, while cash grants were less common until the 1930s. Today there are more than 500 grant programs offering about $____________ billion. States often depend on this money to fund services, which increases the influence of the federal government in many policy areas.

37. Types of Federal Grants Congress sets aside money for three types of grants-in-aid: ________________ grants must be used only for a specific purpose. They require States to contribute their own funds, have an agency monitoring the grant, and obey federal guidelines for using the grant money. Block grants have broader goals and fewer strings attached. Project grants fund various State and _______________ projects.

38. Other Types of Aid Federal organizations help many State institutions do their jobs. The FBI assists State and local police. The U.S. military trains and equips State National Guard Units. The federal government also pays local governments the equivalent of property taxes on federal land. State governments assist the national government in many ways. State and local governments pay for and organize the election process.

39. Interstate Compacts Agreements States can enter agreements with other States and with foreign governments with the ____________ of Congress. The number of these agreements has increased over time. There are interstate agreements to share law enforcement data, counter global climate change, encourage cooperation between public universities, and coordinate the conservation of water and wildlife. States also __________ to manage shared resources and border areas. The States of Utah, Arizona, Colorado, and New Mexico meet at the “Four Corners.”

40. Full Faith and Credit There are two key exceptions to the Full Faith and Credit Clause: It applies only to the civil laws of each State, not the ___________ laws. If a person who does not live in a State is granted a divorce by that State, the State in which that person actually resides can refuse to recognize the divorce. The Full Faith and Credit Clause of the Constitution requires each State to honor and _____________ 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.

41. Marriage and Divorce Marriage laws have changed over time Blood tests are no longer required Waiting periods are also no longer common. Residency requirements are gone Interracial marriage was illegal in many States until the Supreme Court ruled in 1958 that such laws were unconstitutional in ___________ v. Virginia. Exception: Divorce laws require a person to establish residency before a court can grant the divorce

42. Same Sex Marriage Same sex marriage was illegal nationwide until 2003 when _________ Supreme Court overturned laws prohibiting it. The Defense of Marriage Act (DOMA) says that no State can be forced to recognize a same-sex marriage performed in another State. Was partially overturned in 2013 by US v. Windsor for violating Full Faith & Credit Clause DOMA was determined to be totally unconstitutional in _____________ v. Hodges in 2015

43. Extradition The Constitution states that people charged with a crime in one State who flee to another State must be _______________ —returned to the State where they were originally charged. Typically a State governor asks another State governor to return any captured fugitives. Such requests are usually upheld. If extradition is challenged, the federal government can order a governor to extradite a fugitive.

44. Privileges and Immunities No State can make __________________ distinctions between its residents and residents of another State. Each State must recognize the right of any American to travel in or become a resident of that State. Citizens can also marry, buy, own, rent, or sell property, and use the courts in any State, no matter where they live. States can make ___________________ distinctions between their residents and those of other States. People can be required to live in a State for certain period of time before they can vote, hold public office, or be licensed in certain professions. States can also charge higher fees to out-of-State hunters, fishers, or students attending a State’s public universities.

45. Privileges and Immunities, cont. Checkpoint: Why might a State be restricted from making distinctions between its residents and those of another State? This could lead to unfair social or ______________ treatment of U.S. citizens, such as preferential hiring of in-State residents or lower welfare benefits for newly arrived residents. It could also cause conflict between States.