Post on 12-Jan-2016
The Constitution
Amending the Constitution
• Step 1: Amendment proposed by– 2/3 vote of Congress– Convention by Congress on petition of 2/3 of the
states (never used)• Step 2: Amendment ratified by – ¾ of state legislatures– ¾ of ratifying conventions called by states (21st
amendment)
• Chart of documents influencing the Bill of Rights (p. 64)– Magna Carta– English Bill of Rights
Bill of Rights
• 1791 - states ratified the Bill of Rights
• 1st – Freedoms (PAPeRS)– Press NOT subject to prior restraint
• 4th – need probable cause, search warrant, arrest warrant
• 5th – eminent domain, due process of law
Chapter 4The Federal System
Basic Principles
• Two levels of government– Each assumes power from the people– Each level is considered supreme in the
areas of power assigned to it– Each level is protected to prevent the other
from exerting too much control
Supremacy Clause
• Article VI, Section 2• Constitution is the Supreme Law of the Land• Order of supremacy
1. Constitution2. Acts of Congress and Treaties3. State Constitutions4. State Statutes (laws)5. City and County Charters
Powers of Government
• Expressed/Enumerated – stated in Article 1, Section 8– What are the expressed powers?
• Implied – those necessary to carry out expressed– Elastic or necessary and proper clause– What are some implied powers?– McCulloch v. Maryland
Powers of Government
• Reserved – powers reserved to states – Amendment 10
• Inherent – power gov’t has by being sovereign– Carrying out the purposes of gov’t
• Concurrent – powers shared by fed. and state
• Powers of Government handout
Role of National and State Government
• Denied Powers– Power expressly denied in Constitution –• Fed. can’t tax exports• states can’t sign treaties with other countries
– Power denied because Constitution is silent on the matter – public schools
– Powers denied because of the structure of the federal system• National gov’t can’t levy a tax on state governments or
vice versa• States can’t declare war
Power Structure
p. 97