Wednesday 1/20 RAP What are the six basic principles that the Constitution is built around? Remember write in complete sentences. (The six basic principles that the Constitution is built around are) Popular Sovereignty Limited government Separation of powers Checks and balances Judicial review Federalism Today: Finish creating your new nation. Have fun, but create a serious nation! Create poster to present to class. Unit Test on Wednesday; you will turn your study guide in at that time. Judicial Review The power of courts to determine whether what government does is in accord with what the Constitution provides. The landmark case Marbury v. Madison (1803) established the power of the judicial branch to determine the constitutionality of an action of government The Supreme Court is the ultimate authority of the Constitution Unconstitutionalto declare illegal, null and void; power is held by all federal courts and by most state courts. Federalism The division of power among the central government and several regional governments Framers found Federalism to be a compromise between a strict central government and a loose confederation, such as the Articles of Confederation National government holds some powers and others belong to the 50 states. What is the purpose of our government? Where is the purpose of our government written? Our preamble states the purpose of our government. Preamble We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United states of America The Constitution A nation without a national government is, in my view, an awful spectacle. --Alexander Hamilton, The Federalist Papers, No. 85 History of the Constitution Solitary Neglect: Distance from England allowed relaxed control. Declaration of Independence: established key principals for a federal system of government Articles of Confederation showed the fear of a strong central government gave state governments more power than the central The Constitution pg.760 write this down The Preamble: purpose of government We the People What does this mean? Article I: Legislative Branch (make laws) Article II: Executive Branch (enforce laws) Article III: Judicial Branch (interpret laws) Article IV: Relations Among States Article V: Provisions for Amendments 1.2/3 vote both the House and Senate 2.2/3 of state legislatures Article VI: Debts, Supremacy, & Oaths Supremacy Clause Article VI sec.2 Thursday 1/21 RAP Are you supposed to follow local, state, or national laws? Explain. Today: Ch. 3 Constitution power point notes 27 Amendments Test next Friday. Unit 1 Study Guide #28-35 is from Ch. 4 so please do this first as we cover Federalism this week in class. The Constitution Expressed Powers: Specifically written in the Constitution Implied Powers: not expressly state in the Constitution; are reasonably suggested. Elastic Clause Congress has the power to tax, therefore it can make tax evasion a crime. Inherent Powers: belong to the national government because it is the government of a sovereign nation. Congress regulates immigration Which of the 3 powers is less likely to be challenged by checks & balances? Formal Amendment Ch. 3.2 Constitution has been modified over the past 200 years. Words and phrases have been added, eliminated, and / or changed. This process has happened in two ways: Formal amendment Informal amendment Formal Amendment Four possible methods of formal amendment First method: may be proposed by two-thirds vote in each house of Congress and be ratified by three fourths of the State legislatures. 38 state legislatures must approve an amendment for it to become a part of the Constitution. 26 of the 27 amendments were adopted this way. Formal amendments cont. Second Method: may be proposed by Congress and then ratified by conventions, in three fourths of the states. 21 st amendment, in 1933 was adopted in this way. Congress felt the elected delegates would most likely reflect public opinion. Formal amendment cont. Third Method: may be proposed by a national convention, called by Congress at the request of two thirds of the State legislatures. Formal amendments cont. Fourth Method: May be proposed by a national convention and ratified by conventions in three fourths of the States. Federalism and Popular Sovereignty Proposal of amendments takes place at the national level and ratification is a State by State matter. Amending the Constitution represents the will of the people. Proposed amendments: Congress proposes States ratify 27 amendments- Which is the most important amendment to you? (that you know right now) Why? Bill of Rights, pg.771- Were added less than three years after the Constitution became effective. First proposed by the First Congress in Ratified by the States in late Sets out the basic rights of the people. The first 10 amendments to the Constitution are called the Bill of Rights! Informal Amendments Ch. 3.3 Real key to constitutional change and development lies in the process of informal amendment. The process by which over time many changes have been made in the Constitution Informal amendments are the result of the day-to-day, year to year experiences of government. Five basic ways informal takes place. Basic legislation- passed a number of laws to spell out several of the Constitutions brief provisions. Like interstate commerce What is it that Congress has the power to regulate? Executive Action- expanded executive action. Executive agreement is a pact made by the President directly with the head of a foreign state. Party Practices- Constitution makes no mention of political parties, yet they have played a major role in the shaping of government. National conventions, electoral college Custom many customs have developed in our governmental system. Cabinet-an advisory body to the President. Federalism Is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces. Each level of government has its own powers. Each of these levels alone cannot change the division of powers given by constitution. The US system of government is a prime example of federalism. The constitution provides for a division of power between the National government and the States. Friday 1/22 RAP 1.Who are the two people? 2.How are they dressed? 3.Explain the caption in relation to the cartoon. Today: 1.PPT on Ch. 4: Federalism 2.New Nations Amendments to the Constitution 27 amendments. Open your text book to page 771 Make sure you write what the amendment means and then also in your own words! give an example to help you understand it. 30 minutes DUE next FRIDAY before the test Close Up Read Should states be required to enforce federal laws? Read through the questions. Answer in your notes numbers 2 and 3. Creating your own country Hand out with three other people. Follow the directions on the handout. Create a poster at the end Present your country next Wednesday. Federalism: The Division of Power Ch. 4.1 Why Federalism? Needed to build a central government strong enough to meet the nations needs but would also preserve the strength of the states. Most Framers wanted a limited government. They were afraid because too strong of a central government may take away individual liberty. Governmental power must then be restrained Needed to divide governmental power (as in federalism) so that the government could not be abusive. Vocabulary Delegated powers: Powers delegated or granted to it in the Constitution. There are three types: expressed powers, implied, and inherent. Expressed powers: These are sometimes called the enumerated powers and they are spelled out in the Constitution. In Article 1. sec. 8: there are 18 clauses and 27 powers given to Congressthese are expressed powers. Power to lay and collect taxes, to coin money, to regulate foreign and interstate commerce, etc. Article 2, sec. 2 givers several powers to the Presidentact as commander in chief of the armed forces, grant reprieves and pardons, to make treaties, etc. Implied Powers: are not expressly stated in the Constitution but are reasonably suggested or implied, by the expressed powers. This can be found in the expressed power of the Necessary and Proper Clause. This is sometimes referred to as the Elastic Clause, because it has been stretched to cover many situations. Ex. Building of the interstate highway systems, building of hydroelectric power dams, etc. Inherent Powers: this power belongs to the National government because it is the government of a sovereign state within the world. These are powers that national governments have historically possessed. Just a few powers: deport undocumented aliens, to acquire territory, give diplomatic recognition to other states, and to protect the nation against rebellion. Powers denied to the National Government 1.Congress may not levy duties on exports; prohibit freedom of religion, speech, press, or assembly; conduct illegal searches or seizures, etc. 2.They do not have the power to create a public school system for the nation, to enact uniform marriage and divorce laws, and to set up units of local government. 3.It does not have the power to take action that would threaten the existence of the Constitution. The States Reserved powers: those powers that the Constitution does not grant to the National government and does not, at the same time, deny to the States. So, any state can forbid persons under 18 to marry without parental consent, or those under 21 to buy liquor. States can do many things: establish public schools, enact land use laws, etc. Powers denied to the States: Cannot print or coin money; enter into any treaty, alliance, or confederation; or deprive any person of life, liberty, and property without due process of the law. Exclusive powers: powers that can be exercised exclusively by the National government. Concurrent powers: powers are those given to both the National government and States. Federal system and local governments Government is distributed in terms of three levels: national, State, and local. Look at the diagram on page 94.** Supremacy Clause: declares that the Constitution is the supreme law in the land, meaning that the Constitution stands above all other forms of law in the US. This clause joins the national government and the States into a single governmental unit. Supreme Court and Federalism: Chief duties of the Supreme court is to apply the Supremacy Clause to the conflicts that the dual system of government produces. More Power to the States page 96 Read and answer the questions with the person sitting next to you. You must both have the answers written in your notes. We will review the questions when everyone has had time to answer the questions. National government and the 50 States: Ch. 4.2 The Constitution requires the National Government to guarantee certain things to the States and makes it possible for the National Government to do certain things for the States. Nations obligations to the states are mostly found in Article IV of the Constitution. The constitution requires the National gov. to guarantee to every state in this Union a Republican Form of Government or meaning a representative government. Look at the table on page 98; and answer the question below. Enabling Act: Admitting new states: the area must first ask Congress for admission, then the people of the territory must frame a proposed constitution, which is then voted by the people of the territory and if approved it is then submitted to Congress. Act of Admission: if Congress approves the constitution of the territory then they pass an act of admission, admitting the new State. What was the deal with Arizonas admission as a state? Page 100 Second column; last paragraph starting with Consider Grants in aid programs: grants of federal money or other resources to the States and / or their cities, counties, and other local units. Schools and colleges; flood control work, roads and canals, etc. More than 500 in operation now. Block grants: made for much more broadly defined purposes than are categorical grants, such as health care, social services, or welfare. Fewer strings attached, so states have greater freedom in deciding how to use the money. Also, project grants which go for things like research on cancer, diabetes, etc. Interstate Relations Ch. 4.3 Interstate compacts: No State can enter into any treaty, alliance, or confederation, but with the consent of Congress they may enter into agreements among themselves and with foreign states. Full Faith and Credit Clause: shall be given in each State to the public Acts, Records, and judicial proceedings of every other State. Williams v. North Carolinadivorce case (page 106right column) Extradition: the legal process by which a fugitive from justice in one State is returned to that State. Wednesday 9/2 RAP Imagine two candidates for the US House of Representatives have very different ideas about education. Candidate A favors a strong federal role in education. Candidate B believes the important decisions about education should be made at the state and local level. Which candidate would you vote for? Why? Today: CE presentations Work on Study Guide Due the day of the test The Federalist Papers Handout on the Federalist Papers 1.What are the Federalist Papers? 2.What are the federalist papers used for today? 3.Who were the authors and what were their qualifications for defending the constitution? Federalist Paper 23 Alexander Hamilton 1.Where in the Constitution can you find these principles listed together? 2.Why did Hamilton need to convince the states to have a strong central government? 3.Explain which one of Hamilton's purposes of government do you think is the most important for the United States today? Federalist Paper 47 James Madison 1.According to this excerpt, do you think Madison supported or opposed the principle of "separation of powers"? 2.Why do you think Madison held this view of the "separation of powers"? 3.What are the three branches of government, and what parts of the Constitution address each? Federalist Paper 51 James Madison 1.Which of the following statements would Madison agree with based on his views in the excerpt? Government is necessary. The people should elect government leaders who act like angels. Elected government officials should be controlled by a system of "checks and balances." 2.What would you say was Madison's general opinion of people in government: angels? devils? something else? 3.Cite (including Article and section) an example of checks and balances. Federalist Papers 72 & 78 Alexander Hamilton 1.Why doesnt Hamilton want term limits? 2.What branch of government is the Federalist 78 addressing? 3.Look up the following sections of the Constitution and write down to which branch it refers, and what is says about terms and term limits. A. Article 1 section 2.1B. Article 1 section 3.1 C. Article II section 1.1D. Article III section 1 E. 22nd Amendment Test on Wednesday!