Review… Constitution

• “This is America”- DVD and discuss

THE THE CONSTITUTIONCONSTITUTION

Six Constitutional PrinciplesChapter 3

Principle 1: Separation of Powers

• Dividing power among three branches of government

• Members of the House of Representatives, the Senate, the president, and the federal courts are selected by and responsible to

different constituencies (people they represent)

Principle 2: Checks and Balances

• Each of the three branches of government

have some degree of

oversight and control over

the actions of the others

Principle 3: Federalism

• System of government in which power is divided between the national government and the state governments

• Independent states are bound together under one national government

Principle 4: Limited Government

•Functions and powers are written, limited, and restricted by law to protect the citizens

National Government• May not violate the Bill of Rights • May not impose export taxes among

states • May not use money from the Treasury

without the passage and approval of an appropriations bill

• May not change state boundaries

State Government• May not enter into treaties with other

countries • May not print money • May not tax imports or exports • May not Impair obligations of contracts • May not suspend a person's rights

without due process

Principle 5: Popular Sovereignty

• People are the source of any and

all government power

• Government draws its power

from the people of the US and the

people give that power through

the constitution.

Principle 6: Judicial Review

• Power given to the courts to determine if government action is constitutional

• Courts also have the power to nullify any actions they feel are unconstitutional.

Federalism

Remember Federalism is…

A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).

A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.

Federalism

Question:

• How do have both a strong national government and strong local governments?

Federalism & the Constitution

The Federal Government has

expressed powers specifically granted in the Constitution (tax, regulate commerce,

declare war, etc.)

The Federal Government has

implied powers from the necessary & proper

clause or “elastic clause” (ex: create a

national bank)The 10th Amendment

reserves powers to the states (ex: education, law enforcement, etc.)

The U.S. Constitution is the supreme law

of the land (National Supremacy

Clause)

Dual Federalism (1789-1932)

Federal and state governments are co-equals, each sovereign

Narrow interpretation of the Constitution

Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs)

State have greater role and powers (ex: public education, race relations)

What does duel federalism have in common with a layer cake?

Cooperative Federalism (1933-present)National government clearly supreme over

the states with wide interpretation of the “necessary and proper clause” (Article I, Sect. 8 of the Constitution, also known as the “elastic clause.”)

Federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights)

Began with the New Deal in the 1930s

What does cooperative federalism have in common with a marble cake?

Political Cartoons

Cartoon #1Which constitutional principle is represented in this cartoon? What is the message the

cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #2Which constitutional principle is represented in this cartoon? What is the message the

cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #3Which constitutional principle is represented in this cartoon? What is the message the

cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #4Which constitutional principle is represented in this cartoon? What is the message the

cartoonist is trying to get across? What symbols does the cartoonist use?

Amending the Constitution

Methods of Proposal

Methods of Proposal

Method 1

By 2/3 vote in both the House and the Senate

[most common method of proposing an amendment]

Methods of ProposalMethods of Proposal

Method 2

By national constitutional convention called by Congress at the request of 2/3 of the state legislatures

[This method has never been used]

Method 1

By 2/3 vote in both the House and the Senate

[most common method of proposing an amendment]

Or

Methods of Methods of RatificationRatification

Methods of RatificationMethods of RatificationMethod 1

By legislatures in ¾ of the states

[in all but one case, this is how amendments have been ratified]

Methods of RatificationMethods of RatificationMethod 2

Ratified through conventions in ¾ of the states.

[Only been used once to ratify the 21st Amendment]

Method 1

By legislatures in ¾ of the states

[in all but one case, this is how amendments have been ratified]

Or

Amendment ProcessAmendment ProcessMethods of Proposal

Method 1

By 2/3 vote in both the House and the Senate

Or

Method 2

By national constitutional convention called by Congress at the request of 2/3 of the state legislatures

Methods of Ratification

Method 1

By legislatures in ¾ of the states

Or

Method 2

Ratified through conventions in ¾ of the states.

Suggested Amendment Topics

• Flag burning• Allow non-natural

born citizens to become President

• Official language(s) of U.S.

• Definition of marriage

• Prayer in school

• Balanced budget• Electoral College• Terms limits on

U.S. Senators & Representatives

• Access to medical care for all citizens

• Death penalty

• http://www.cnn.com/2006/POLITICS/06/27/flag.burning/index.html

• http://www.cnn.com/2004/ALLPOLITICS/02/24/elec04.prez.bush.marriage/

Political Cartoon #1Political Cartoon #1Title: Flag Burning Amendment

Gary Markstein, Wisconsin, The Milwaukee Journal-Sentinel , July 18, 2005 ,http://www.politicalcartoons.com

Political Cartoon #2Political Cartoon #2Title: Flag Burning

Steve Breen, The San Diego Union-Tribune, July 25, 2005http://www.politicalcartoons.com

Political Cartoon #3Political Cartoon #3Title: Gay Marriage Amendment

Mike Lane, Cagle Cartoons. Feb. 26, 2004 http://www.politicalcartoons.com