Transcript Chapter 3-4

Chapter 3-4
The Constitution
Outline of the Constitution
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Preamble
Articles 1-7
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(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:
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Popular Sovereignty
Limited Government
Separation of power
Checks and Balances
Judicial Review
Federalism – Shared Power
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National and State
Checks and Balances
Formal Amendment Process
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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
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The Amendment Process is a Federal and
State process.
Two steps shared between State and
Federal governments.
Proposed Amendments:
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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.
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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
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The Bill of Rights – First ten Amendments
The Later Amendments
Informal Amendments:
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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
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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??
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Strong – yet provide and preserve
strength to States
Federalism defined:
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Divided power between National Government and
State governments
Powers of the National Government
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The Expressed Powers: Enumerated,
written, spelled out
Example: Article 1, Section 8, Clause 1-17
(p. 764)
The Implied Powers
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Reasonably suggested, Necessary and
Proper Clause, Elastic Clause
Article 1, Section 8, Clause 18
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(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
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Powers inherent to all world governments:
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Immigration
Regulation of Foreign Trade
Acquiring of Territory
Powers Denied to the National
Government
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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
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Powers not granted to National
Government, yet not denied to the States.
10th Amendment
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(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
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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
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We have thousands of local governments yet ultimately two forms – States
and National
The Supreme Law of the Land
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The Constitution , laws and treaties are
the supreme law of the land. Constitution
stands above all other forms of law.
Supremacy Clause
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“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
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Delegated powers of the National Government
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Powers Denied the States
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C
B
A
F
D
E
Supreme Court and Federalism
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McCulluch vs. Maryland (p. 95)