Transcript Chapter 3-4
Chapter 3-4 The Constitution Outline of the Constitution Preamble Articles 1-7 (p. 758) Article Article Article Article Article Article Article I – legislative II – Executive III – Judicial IV – Relations among the States V – Provisions for Amendments VI – Public Debts; Supremacy of National Law; Oath VII – Ratification of Constitution Amendments Basic Principles: Popular Sovereignty Limited Government Separation of power Checks and Balances Judicial Review Federalism – Shared Power National and State Checks and Balances Formal Amendment Process The Framers knew that even the wisest of Constitution makers cannot build for all time. Thus, the Constitution provides for its own amendment – that is, for changes in its written words. Four possible methods of Formal Amendments – changes or additions that become part of the written language of the Constitution itself. Formal Amendments: Why is it Important? Federalism and Popular Sovereignty The Amendment Process is a Federal and State process. Two steps shared between State and Federal governments. Proposed Amendments: More than 10,000 joint resolutions calling for amendments to the Constitution have been proposed in Congress since 1789. 33 Have been sent on to the States 27 Have been finally ratified The E.R.A. The E.R.A. proposed by Congress in 1972 fell three States short of ratification and died in 1982. An amendment to give the District of Columbia seats in Congress was proposed in 1972; it died in 1985 The 27 Amendments The Bill of Rights – First ten Amendments The Later Amendments Informal Amendments: The Passage of Basic Legislation Actions Taken by the President Key decisions by the Supreme Court Activities of Political Parties Custom Chapter 4 Federalism Section 1 Objectives Define federalism and explain why the Framers chose this system of government Identify powers delegated to and denied to the National Government, and powers reserved for and denied to the States Understand that the National Government holds exclusive powers; it also holds concurrent powers with the States Why Federalism?? Strong – yet provide and preserve strength to States Federalism defined: Divided power between National Government and State governments Powers of the National Government The Expressed Powers: Enumerated, written, spelled out Example: Article 1, Section 8, Clause 1-17 (p. 764) The Implied Powers Reasonably suggested, Necessary and Proper Clause, Elastic Clause Article 1, Section 8, Clause 18 (p. 765) To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department of Officer thereof. The Inherent Powers Powers inherent to all world governments: Immigration Regulation of Foreign Trade Acquiring of Territory Powers Denied to the National Government Powers to Levy duties on exports Powers to prohibit freedom of religion, speech, or assembly Conduct illegal searches or seizures Deny speedy and public trials Create public school system Marriage and divorce laws Congress cannot tax any States or local units of government Powers Reserved to the States Powers not granted to National Government, yet not denied to the States. 10th Amendment (p. 773) The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Powers Denied to the States No State can enter into any treaty, alliance, or confederation. No State can print or coin money No Sate can deprive any person of life, liberty, or property without due process of law No State can tax any of the agencies or functions of the National Government No State can violate its own State Constitution The Exclusive and Concurrent Powers The Federal System and Local Governments We have thousands of local governments yet ultimately two forms – States and National The Supreme Law of the Land The Constitution , laws and treaties are the supreme law of the land. Constitution stands above all other forms of law. Supremacy Clause “Linchpin of the Constitution” It joins the National Government and the States into a single government unit The Division of Power Between the National Government and the States A. B. C. D. E. F. Delegated powers of the National Government ?________ ?________ ?________ Powers Denied the States ?________ C B A F D E Supreme Court and Federalism McCulluch vs. Maryland (p. 95)