The U.S. Constitution

What is a Constitution?

Set of principles & rules for governing a country

Important blueprint for government

Protects basic values Democracy, justice,

equality, & the balance b/t liberty & order

Interesting Facts About the U.S. Constitution Supreme law of the land—but only contains 4,300

words State Constitutions are MUCH longer

Oldest written document of its kind

It has remained almost the same—only 27 changes (Amendments)

It is a flexible document—provides for our changing society

6 Big Ideas: Constitutional Principles Framers

focused on broad concepts—

NOT details

Framers planned for future changes--Amendments

Popular Sovereignty

Government power belongs to the people

People give the government its power

The Constitution controls the government

Based on Locke’s idea that gov’t. comes from the consent of the governed

People must agree who their leaders will be

Originally didn’t apply to all people—expanded over time 15th, 19th, & 26th

Amendments

Limited Government

Government only has the powers that people give it

Government must obey the Constitution

Government officials must obey the law

Framers feared oppression by rulers & tyranny of the majority

Gov’t. officials are subject to themselves & are held to the Constitution

Presidents may be impeached, Representatives can be voted out of office, Judges can be denied confirmation

Separation of Powers

3 separate branches share power

Each branch has specific jobs

Legislative, Executive, & Judicial

Prevents 1 person or a group of people from controlling the government

Colonies practiced this idea for 100 years before the Constitution was written

Many believed that the Articles failed because it didn’t have a separation of powers

Each branch has a specific function in the government

Checks & Balances

None of the branches can become too powerful

Each branch can limit the other two

Branches try to compromise with each other

Framers worried that a separation of powers wasn’t enough to prevent tyranny

Gives each branch authority over the actions of others

“Ambition must be made to counteract ambition”— James Madison (The

Federalist #51)

Examples of Checks & Balances Congress makes laws

The President may veto those laws The Supreme Court may declare laws

unconstitutional

Federal judges are members of the judicial branch The President appoints federal judges Congress must confirm federal judgeships

Judicial Review

Power that lets the courts decide what the Constitution means

The Supreme Court is the ultimate interpreter of the U.S. Constitution & its principles

Federalism

Government power is divided between the central government & smaller regional governments

Washington, D.C. & the 50 states

Reflects the Founders’ desire to balance liberty & order

The Articles lacked central authority while giving too much power to the States

Federalism splits power between the national & local governments

Certain powers are exclusive while some overlap

Federalism: The Division of Power

What is Federalism?

Federalism is a complex system that divides power in the U.S. Between the national

(federal) & state governments

Each level has a substantial set of powers

Federalism: Source of Political Conflict

Federalism: Defined

A system of government in which a written Constitution divides power

Neither level acting alone can change the basic division established by the Constitution

Why Federalism?

The Framers wanted a system strong enough to meet the nation’s growing needs

The existing states wanted to preserve their sovereignty

Federalism & the Constitution The Constitution only recognizes

national & state governments States include many other levels—empower

municipalities, towns, school districts, counties, etc.

How Does Federalism Work?

Set up & defined by the 10th Amendment

“The powers not delegated (given) to the U.S. by the Constitution, nor prohibited by the States, are reserved (left) to the

States”

Basic Constitutional Framework National Government= Delegated

Powers State Governments= Reserved Powers National Government’s Powers=

Supreme

Some powers are denied to each/both levels

Delegated Powers of the Nat’l. Gov’t. Granted powers that are

written in the Constitution specifically

Given powers that can be reasonably inferred by the Constitution

Allotted those powers necessary to run a sovereign nation

Expressed Powers

AKA “Enumerated” Powers Specifically written in the Constitution—

EXPLICIT

Ex. Congress is given 27 expressed powers Collect taxes, coin money, regulate

commerce, declare war, grant patents & copyrights

Implied Powers

Reasonably inferred by Constitution Gives the Gov’t. broad powers

Established by Article 1, Sec. 8— “Necessary & Proper”/ “Elastic Clause”

Gives Congress the right to make all laws which shall be necessary & proper…”

Inherent Powers

Don’t originate from specific clauses of the Constitution

Deal with foreign affairs U.S. has rights as a sovereign state in

dealing with other nations

Ex.) acquiring territory, recognizing foreign states, setting immigration policy

Reserved Powers of the States States rely on

reserved powers—those not delegated nor denied

Not explicitly listed in the Constitution

Guaranteed by the 10th Amendment

State Powers

Not explicitly listed—lots of leeway States regulate internal affairs but,

cannot violate the supreme law

Examples Standards of behavior, welfare, education,

elections, establishing local gov’ts., regulating trade w/in a state

Sharing Power

Overlapping powers = Concurrent Powers

Concurrent powers are held by both the national & state governments

Denied Powers

Certain powers are denied to the States, the National Government, or BOTH

ALL laws that violate the Constitution are prohibited!

Group Work

On the next slide are a list of powers

Organize the powers correctly using your Federalism Venn Diagram

USE A PENCIL IN CASE YOU MAKE A MISTAKE

Work together with your assigned group to complete

Appoint Royalty Army & Navy Borrow Money Bring Back Slavery Building Codes Coin Money Commerce Regulation Declare War Define & Punish Crimes Education Establish Courts Establish Local Gov’ts. Foreign Relations Foreign Trade

General Welfare Highway Safety Hospitals Interstate Commerce Levy & Collect Taxes License Fees Marriage & Divorce Parks & Recreation Patents & Copyrights Police & Fire Environmental Protection Public Health Punish Religious Views Punish Without a Trial

Regulate Businesses Social Security Postal Service Voting Times & Dates Zoning Laws

Federal Government—Delegated Powers Army & Navy Coin Money Commerce Regulation Declare War Foreign Relations Foreign Trade Interstate Commerce Patents & Copyrights Social Security Postal Service

State Governments—Reserved Powers Define & Punish Crimes Education Establish Local Governments Highway Safety Hospitals License Fees Marriage & Divorce Police & Fire Regulate Businesses Voting Times & Dates

BOTH Levels—Concurrent Powers Borrow Money Establish Courts General Welfare Levy & Collect Taxes Parks & Recreation Environmental Protection Public Health

Local Gov’ts.—Empowered by States Building Codes Zoning Laws

NEITHER Level—Denied Powers Appoint Royalty Bring Back Slavery Punish Religious Views Punish Without a Trial

The National Government & the 50 States

Cooperative Federalism

The Supremacy Clause

Makes the Constitution the SUPREME law of the land

Creates a hierarchy of power

Supreme Court acts as an “umpire” between the States & the National Gov’t.

Hierarchy of Power

U.S. Constitution

Acts of Congress, Treaties

State Constitutions

State Laws

City & County Ordinances

Cooperative Federalism: Defined

Shared powers & cooperation between State & Federal governments

Working together to benefit our nation

Cooperative Federalism: The ConstitutionNational Government’s Obligations to the

States1. Guarantee a republican (representative)

form of government

2. Protect each state from foreign invasion & domestic violence

3. Respect territorial integrity

Examples of Cooperative Federalism Federal grants to states

State & local election officials conduct national elections

State courts supervise the naturalization process

Local police cooperate with the FBI

Types of Grants

Grants-in-Aid: Money/resources

from Federal Gov’t. given to State Gov’ts.

Categorical Block Project

Categorical Grants

Given for a specific purpose

Subject to government restrictions

Examples: Medicaid Aid to Families with

Dependent Children

Block Grants

Given for a general purpose

Subject to limited government restrictions—favored over Categorical Grants

Examples: Social Services Welfare Programs Crime Prevention Education Drug Abuse Treatment

Project Grants

Given to States, localities, & private agencies that apply for them

Examples: Disease Research Medical Issues Job Training Employment

Programs

Interstate Relations

Congressional Steps to Become a State1. Petition Congress to pass an Enabling Act

2. State proposes Constitution to its citizens

3. Citizen voters approve the Constitution

4. Congress passes an Act of Admission

Interstate Compacts

Agreements among states & with foreign states Require Congressional

Consent

Constitution forbids any State from making treaties, alliances, or confederations with foreign states

Examples of Interstate Compacts Sharing law enforcement data

Coordinating development & conservation of natural resources

Forest fire protection

Control of water pollution

Collection of taxes

Motor vehicle safety

Driver licensing

Cooperative use of public universities

Extradition

Legal process in which a fugitive from justice in one state is returned to that state

Designed to prevent a person from escaping justice by fleeing a state

Full Faith & Credit

Each state is required to accept public acts, records, & judicial proceedings of other states

EXCEPTIONS… One state cannot

enforce another state’s criminal law

Privileges & Immunities Clause…No state shall

deny…to any person within its jurisdiction

the equal protection of its

laws…

Prevents unfair favoring of a state’s residents over other residents Using state courts Buying, owning,

renting, & selling property

Marrying within state borders

Exceptions to the Privileges & Immunities Clause

Hiring preferences to residents

Lowering welfare benefits for nonresidents

Setting higher fees for nonresidents using common property of the state

Higher out of state tuition

AMENDING THE CONSTITUTION

What is an Amendment?

An amendment is a change to the Constitution

2 Types of Amendments Formal Informal

Amendment TypesFormal Amendments

Change the written text (language) of the Constitution

Informal Amendments

Change the meaning/interpretation of the Constitution WITHOUT changing its language

Formal Amendments 27 total to date

1st 10 formal Amendments are known as the Bill of Rights

Process of adding formal amendments is covered in Article 5 of the Constitution

Formal Amendment MethodsALL METHODS REFLECT FEDERALISM—REQUIRE NATIONAL & STATE GOVERNMENTS WORKING TOGETHER

2/3 VOTE NEEDED TO PROPOSE3/4 VOTE NEEDED TO RATIFY

Congress felt that conventions would better reflect public opinion on the issue of Prohibition

Unsuccessful Amendments

Successfully proposed, but never ratified…

Child Labor Amendment

Equal Rights Amendment (ERA)

Washington, D.C. Voting Rights

Informal Amendments

Change the meaning/interpretation of the Constitution WITHOUT changing its language

Infinite in number

Process is NOT described in the Constitution

Informal Amendments

Pg. 65-67•Description/Definition of each

•Example Informal Amendments for each

Sources of Informal Amendments Basic Legislation (Laws) Congress Executive Actions The President Court Decisions The Supreme Court Political Party Practices Political

Parties Customs Traditions

Informal Source

How it Works Examples

Basic Legislation

Executive Actions

Political Party Practices

Customs

Court Decisions

Informal Amendments In Practice Very common b/c

they are the result of day-to-day, year-to-year experiences

Don’t involve written changes to the Constitution

Can evolve into formal amendments

THE AMENDMENTS

1st Amendment

Freedom of religion, speech, & press

Rights to assembly & petition

2nd Amendment

The right of people to keep & bear weapons

The right to a militia

3rd Amendment

No quartering

No soldier can be quartered in any home w/o the consent of the owner

4th Amendment

Protection from unlawful search & seizure Persons Houses Papers Effects

5th Amendment

Rights to persons accused of a crime

Protection from self-incrimination

Can’t be tried w/o indictment

Protection from double jeopardy

Guarantees due process of law

Limits eminent domain

6th Amendment

Right to a fair & speedy trial

7th Amendment

Right to a trial by jury in civil suits In cases exceeding

$20

8th Amendment

Protection from unreasonable bail & cruel punishments

Punishments must fit the crimes committed

Death penalty may be used as punishment for extreme crimes

9th Amendment

Powers reserved to the people

Citizens have additional rights not enumerated in the Constitution

10th Amendment

Powers reserved to the States

All powers not addressed in the Constitution are left for the States to determine

11th Amendment

Lawsuits against States

Federal courts may not hear cases in a state is sued by citizens of another state or foreign country

Only amendment to limit the judicial branch

12th Amendment

Electing the President & Vice President

13th Amendment

Abolished slavery

“Involuntary servitude” is allowed to punish criminals

14th Amendment

Civil Rights in the States

Anyone born in the U.S. is guaranteed rights—citizen of BOTH U.S. & state where they live

States can’t deprive civil rights

Used as the basis form many civil rights cases Brown vs. Board of

Education

15th Amendment

Expanded Right to Vote

Voting rights cannot be denied on the basis of race, color, or previous condition of servitude

16th Amendment

Income Tax

Congress may have the authority to levy an income tax

17th Amendment

Election of Senators

Called for the direct election of senators in each state Previously chosen

by state legislatures

18th Amendment

Prohibition of intoxicating liquors

Banned the manufacture, sale, or transportation of alcohol “Noble Experiment”

Only Amendment to be repealed

19th Amendment

Women’s suffrage

Expanded voting rights to women

Can’t take away the right to vote based on account of sex

20th Amendment

Presidential & Congressional Terms

Set beginning terms of office for the President & Congress No “lame-ducks”

21st Amendment

Repeal of Prohibition

States may enforce laws against the use & transport of liquor

22nd Amendment

Limit on Presidential terms

Not to exceed 2 terms, or 10 years in office

FDR was elected to 4 terms

23rd Amendment

Electors for Washington, D.C.

District of Columbia receives 3 electors in the Electoral College vote

24th Amendment

Prohibited the use of poll taxes

States may NOT collect taxes as a condition of voting

25th Amendment

Presidential Disability & Succession

Established procedures for the filling vacancies for the President & Vice President

26th Amendment

Extended voting rights to 18-year olds

Guarantees the right to vote for those 18 years of age

Inspired by Vietnam War

27th Amendment

Restraint on Congressional salaries

No law varying the pay of Congress may not take effect until after the next election

Test Topics—Ch.3 The Constitution

6 Basic Principles Articles & Amendments

Formal Amendments Definition Methods Selected Amendments

Informal Amendments Definition Sources Examples

Test Topics—Ch.4 Federalism

Definition/History 10th Amendment Supremacy Clause

National Government Powers: delegated,

expressed, implied, inherent

3 Obligations to the states

Elastic Clause

State Governments Reserved Powers Exclusive vs. concurrent

powers

Interstate Relations Compacts Full, Faith, & Credit Clause Privileges & Immunities

Clause

Cooperative Federalism Types of Grants