5 B A S I C P R I N C I P L E S O F T H E U . S . C O N S T I T U T I O N

CHAPTER 3

Unit 2: Basic Principles of the United States Constitution

Topic: Basic Principles of the U.S. Constitution Principles related to representative democracy are reflected in the articles and amendments of the U.S. Constitution and provide structure for the government of the United States. Content Statement: As the supreme law of the land, the U.S. Constitution incorporates basic principles that help define the government of the United States as a federal republic including its structure, powers and relationship with the governed. Content Statement: Constitutional government in the United States has changed over time as a result of amendments to the U.S. Constitution, Supreme Court decisions, legislation and informal practices.

THE UNITED STATES CONSTITUTION AND FEDERALISM

•  Section 1: Basic Principles

5 Basic Principles of the Constitution

3. Separation of Powers

2. Limited Government

1. Popular Sovereignty

5 Basic Principles of the Constitution

5. Federalism

4. Checks and

Balances

5 BASIC PRINCIPLES EXPLAINED

•  1. Popular Sovereignty •  Government’s authority comes from the people

•  2. Limited Government •  3. Separation of Powers/Sharing of Powers •  Article I: legislative branch •  Article II: executive branch •  Article III: judicial branch •  *All branches have separate powers

4. CHECKS AND BALANCES   Powers Checks on Powers Legislative Branch 1.  Makes laws

2.  Can override presidential veto of bill with 2/3 vote

3.  Approves appointments to top gov. jobs

4.  Holds the “power of the purse”

1.  President’s power to veto legislation passed by Congress

2.  Supreme Court’s power to rule that laws are unconstitutional  

Executive Branch 1.  Approves or vetoes laws

2.  Carries out laws 3.  appoints federal court

judges, ambassadors, and other high-level officials

4.  Negotiates treaties  

1.  Congress’s ability to override the president’s veto by a 2/3 vote

2.  Congress’s power to approve spending by the federal gov

3.  Senate’s power to approve presidential appointments to top gov jobs

4.  Senate’s authroity to approve all treaties 5.  Congress’s power to impeach the president

Judicial Branch 1.  Interprets the meaning of laws

2.  Judicial review

1.  Congress’s power to propose an amendment to the Constitution if the Supreme Court rules that a law is unconstitutional

2.  Senate’s authority to refuse to approve the appointments to federal court

3.  Congress’s power to impeach a federal judge

5. FEDERALISM

• Power divided between national gov and state and local govs.

THE UNITED STATES CONSTITUTION AND FEDERALISM

•  Section 2: Amending the Constitution

CONSTITUTION HAS BEEN AROUND FOR OVER 200

YEARS. FRAMERS KNEW THEY NEEDED TO INCLUDE

A WAY TO CHANGE IT AS TIMES CHANGE

AMEND: TO CHANGE

• Make minor changes in (a text) in order to make it fairer, more accurate, or more up-to-date. • Modify formally, as a legal document or legislative bill.

RATIFY:

• To pass

4 WAYS TO AMEND THE CONSTITUTION

Propose an amendment

Ratifying an Amendment

1. 2/3 of both houses of Congress (all 27 proposed this way)

A. Legislatures in ¾ of states (26 ratified this way)

2. National Convention called by Congress at the request of 2/3 of state legislatures (never done)

B. Special conventions in ¾ of the state (1 ratified this way—21st amendment)

#1

#2

#3

#4

THE 27 AMENDMENTS

•  Bill of Rights 1-10: Protect individual freedoms •  13th, 14th, 15th: expand voting and other rights to groups •  17th: direct election of Senators •  19th: women’s suffrage •  16th: national income tax •  18th: Prohibition

THE UNITED STATES CONSTITUTION AND FEDERALISM

•  Section 3: A Flexible Document

THE CONSTITUTION IS A “LIVING DOCUMENT” BECAUSE IT IS FLEXIBLE

AND CHANGES WITH THE TIMES!

1. Gov. actions •  A. Court decisions •  B. Congressional legislation •  C. Executive actions •   

2. Political actions •  A. Important role in elections •  B. Organize daily operations of Congress •   

3. Custom and tradition •  A. Strongly influence how gov. carries out its functions

THE UNITED STATES CONSTITUTION AND FEDERALISM

•  Section 4: Federalism

POWERS OF THE FEDERAL GOVERNMENT—3 TYPES

1. EXPRESSED POWERS—SPECIFICALLY STATED IN THE CONSTITUTION

Legislative Branch (Article I,

Section 8)

Issuing money Collect national

taxes Borrow money

Pay gov. debts

Declaring war

Raising and maintaining armed

forces

Regulate trade among the states and foreign govs

Executive Branch (Article

II)

Command armed forces

Direct relations with gov of other

countries

Judicial Branch (Article III)

Rule on cases involving the US

gov, foreign officials in the US,

and disputes among the states

Decide cases concerning the

Constitution, federal laws, and

treaties

2. IMPLIED POWERS

• Article I, Section 8—“Congress has the power to make all laws which shall be necessary and proper to exercise its other powers” • Known as “ELASTIC CLAUSE”

3. INHERENT POWERS

•  Inherent powers—naturally belong to the gov. •  In the United States, the President

derives these powers from the loosely-worded statements in the Constitution that "the executive Power shall be vested in a President" and the president should "take care that the laws be faithfully executed"

• Most relate to foreign affairs

POWERS OF FEDERAL AND STATE GOVERNMENT Federal Government Powers 1. Regulate interstate and foreign trade 2. Coin and print money 3. Post offices 4. Raise and support armed forces 5. Declare war and make peace 6. Govern US territories and admit new states 7. Pass laws regulating immigration 8. Make all laws “necessary and proper” to carry out its powers

Shared (Concurrent Powers) 1. Collect taxes 2. Borrow money 3. Establish courts 4. Charter banks 5. Make and enforce laws 6. Provide for the health and welfare of the people

State (Reserved) Powers 1. Regulate trade within the state 2. Establish local governments 3. Conduct elections 4. Determine qualifications of voters 5. Establish and support public schools 6. Pass laws regulating businesses within state borders 7. Make civil and criminal laws 8. Pass license requirements for professionals

LIMITS ON FEDERAL AND STATE POWERS

•  Powers Denied to the Federal Government •  Tax imports •  Pass laws favoring one state over another •  Spend money unless authorized by federal law

•  Powers Denied to the States •  Issue its own money •  Make a treaty with a foreign gov •  Go to war

•  Powers Denied to Both Levels •  Deny people certain rights, such as trial by jury •  Grant titles of nobility

RESPONSIBILITIES

•  Federal •  Make sure states have rep gov •  Protect states from violent actions •  Respect states’ territories

•  State •  Set district boundaries for Congress •  Set up rules for electing members of Congress •  Maintain National Guard