Unit 2: The U.S. Constitution

Government

FederalismChecks and

Balances

Sepa

ratio

n

of P

ower

sLimited

Government

PopularSovereignty

5 Basic

Principles

• The Constitution establishes rules that the govt. must observe.

• 5 Principles:− 1 Popular Sovereignty- authority comes from the

people. Voting is an expression of that authority.− 2 Limited Govt.- restrictions placed on govt. to protect

people from abuses.− 3 Separation of Powers- 3 branches w/ equal power

levels.− 4 Checks and Balances- divides authority by allowing

each branch to restrain the power of the other two.− 5 Federalism- Power distributed between national,

state, & local government (hamburger)

The U.S. Constitution

Popular Sovereignty

• The government’s authority is granted by the people

• The Preamble states: “We the People...”

• No one has a birth right to rule. WE allow them to GOVERN through public elections

Limited Government

• Each section, or ARTICLE, has the powers and limitations of the government

• Examples: The government cannot grant titles like knights or Dukes. The gov’t. cannot violate liberties like free speech.

Separation of Powers

• No single part of the gov’t. has more power than the other.

• The first 3 Articles set up a branch of the gov’t.

• Article 1: Legislative Branch: Congress contains the Senate and the House of Representatives.

• Article 2: Executive Branch: President, Vice President, and the Cabinet

• Article 3: Judicial Branch: Federal Court System

Checks and Balances

• No one branch can have more power than the others

• The President can VETO or reject a bill

• Congress can override a veto with 2/3 vote, Congress has the “Power of the Purse”

• Federal Courts have JUDICIAL REVIEW, the power to review laws or actions and decide if they are legal. If it violates the Constitution it is UNCONSTITUTIONAL

Federalism

• The Constitution protects the rights of the states

• The power is divided up between the National and State governments.

NATIONAL•Sign treaties, coin

money, and engaging in war

STATE•Anything not expressly

granted to the national gov’t•State Powers: Marriage

Laws, Education, and state highways.

1. What do you call a law that violates the Constitution?

2. What is the principle that distributes power between the nation, states, and local gov’t?

3. What principle divided the national gov’t. into 3 branches?

4. What are the sections of the Constitution called?

5. Does anyone have the birth right to govern in the U.S.?

QUIZ

Unconstitutional

Federalism

Separation of Powers

Articles

NO!

Amending The Constitution

• Any change to The Constitution is called an AMENDMENT.

• To amend The Constitution a formal process must be followed.

• Article V explains the process of amending The Constitution.

How to Amend: Proposing

A vote in Congress

- The proposition must be passed with 2/3 of both houses voting in favor

- House- 240 votes

- Senate- 67 votes

National Convention

- 2/3 (34 states) of the States’ Legislature asks Congress to meet and discuss the proposal

- Has never happened: fear that the convention might look to revise the whole document

How to Amend: Ratifying

States’ Legislature

- At least ¾ of the states’ legislatures must approve the amendment (38 States).

Special Conventions- Special conventions in ¾ (38 States) must

approve.

- The 21st Amendment was ratified this way, this repealed the 18th Amendment.

Brief Overview of the Amendments

Protect Individual Freedoms

- The fist 10 Amendments, also known as THE BILL OF RIGHTS.

Voting and Other Rights

- 13th, 14th, 15th Amendments are called the Civil War Amendments: Granted African Americans citizenship and expanded voting rights

- 19th granted women the right to vote

- 26th lowered the voting age to 18

Expanding Powers

- 16th established the national income tax

Warm Up Quiz• What are the 5 liberties protected under the

1st Amendment?

• What Amendments are known as the Civil War Amendments?

• What right does the 2nd Amendment protect?

• What Amendment lowered the voting age to 18 years old?

• Which was the women’s voting Amendment?

Religion, Assembly, Speech, Press, Petition

13, 14, 15

Right to Keep and Bear Arms

26

19

Federalism McFederal Burger

Confederal SystemUnitary System

Independent states that share

representation

Central Govt. holds all power

Federalism

National Level

State level

Local level

Power is shared

Top Bun=National

Burger=State

Bottom Bun= Local

Remember the burger for the 3 levels of

Federalism

Powers & Responsibility

• Expressed powers: Powers that are specifically given to the Federal Gov’t. (Coin money, declare war)

• Implied powers: Powers that are suggested by the expressed powers (Congress used its power to levy taxes to establish the IRS)

• Elastic Clause: Grants Congress to do what is “necessary and proper” to use its expressed powers

• Inherent Powers: Powers that naturally belong to any gov’t (acquiring new territory; Alaska was bought from Russia)

Other Powers

• Reserved powers: Powers that are given to the states. (10th Amendment: powers not given to the national gov’t or forbidden by the Constitution are reserved for the states)- make local gov’t, public schools, work permits.

• Concurrent powers: powers both national and states have (collect taxes, establish courts, establish banks)

Federal StatesDenied to Both

Powers Denied

•Tax exports

•Establish monarchy

•Use powers not granted

by the Constitution

•Coin Money

•Make Treaties

•Enter War

•Interstate trade without Congress’

approval

•Create Nobility

•Deny Individual

Rights

Federal gov’t:

ensures that all

states have a republican

(representative) gov’t,

protect from

violent actions (invasion),

disaster relief

(Hurricane Rita)

States: responsible to the Federal

gov’t- establish voting districts, establish

presidential electorates, and pay the cost

of running elections: FYI- there are NO national

elections in The U.S.

Federal Court

• Supremacy Clause: the Constitution is the supreme law of the land

• Since the states are part of the union they agree the Federal gov’t is the boss.

• Federal Courts have the authority to resolve conflict against and between states and against the U.S. gov’t.

Grants

• Grants-in-aid: Federal money and resources used to pay for local activities- Federal land given to the states for schools (Ohio State, Texas A&M, Colorado State).

• Categorical Grants: funds used in certain categories- airports, fighting crime, disaster relief.

• Block Grants: funds with broad instructions like “neighborhood improvement.” More freedom. Spend how the state wishes.

Federal Mandates

• Federal mandates: requirements the federal gov’t imposes on the states- OSHA: safe workplace

Example: Some are “optional”- (Drinking age): Louisiana had a low legal age, it also

needed to repair I-10, Fed. gov’t. said only they could

have money if they raised their age to 21. They did, so I-10 was fixed.

Relations Among the States• Admitting new states: Congress has

the power to admit new states

• Enabling Act: A law that tells the territory to draft a Constitution that sets up a republican system

• Act of Admission: once the new Constitution is written & approved Congress grants statehood

• Full faith & credit: States observe other states’ civil laws

• Civil Law: laws that govern relationships between individual parties and define person rights

• Criminal Laws: forbid and punish certain activities- murder & theft (states do not have to honor other states’ criminal laws)

• Must honor other states’ official documents (Drivers License & wills)

Extradition & Interstate Compacts

• Extradition: States send criminals and suspects back where the crime happened

• Interstate Compacts: Agreements between states (flood control)

Extradition has been called the “long-arm” statute