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.

Amending the Constitution

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 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/

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?

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