The U S Constitution What is a Constitution
- Slides: 97
The U. S. Constitution
What is a Constitution? n Set of principles & rules for governing a country n Important blueprint for government n Protects basic values q Democracy, justice, equality, & the balance b/t liberty & order
Interesting Facts About the U. S. Constitution ü Supreme law of the land—but only contains 4, 300 words ü State Constitutions are MUCH longer ü Oldest written document of its kind ü It has remained almost the same—only 27 changes (Amendments) ü It is a flexible document—provides for our changing society
6 Big Ideas: Constitutional Principles n Framers focused on broad concepts — NOT details n Framers planned for future changes-Amendments
Popular Sovereignty n Based on Locke’s idea that gov’t. comes from the consent of the governed People give the government its power n People must agree who their leaders will be The Constitution controls the government n Originally didn’t apply to all people—expanded over time n Government power belongs to the people n n q 15 th, 19 th, & 26 th Amendments
Limited Government n Government only has the powers that people give it n n Government must obey the Constitution n n Government officials must obey the law n Framers feared oppression by rulers & tyranny of the majority Gov’t. officials are subject to themselves & are held to the Constitution Presidents may be impeached, Representatives can be voted out of office, Judges can be denied confirmation
Separation of Powers n n n 3 separate branches share power Each branch has specific jobs Legislative, Executive, & Judicial n n Prevents 1 person or a group of people from controlling the government Colonies practiced this idea for 100 years before the Constitution was written Many believed that the Articles failed because it didn’t have a separation of powers Each branch has a specific function in the government
Checks & Balances n None of the branches can become too powerful n Each branch can limit the other two n Branches try to compromise with each other n Framers worried that a separation of powers wasn’t enough to prevent tyranny n Gives each branch authority over the actions of others n “Ambition must be made to counteract ambition”— q James Madison (The Federalist #51)
Examples of Checks & Balances n Congress makes laws q q n The President may veto those laws The Supreme Court may declare laws unconstitutional Federal judges are members of the judicial branch q q The President appoints federal judges Congress must confirm federal judgeships
Judicial Review n Power that lets the courts decide what the Constitution means n The Supreme Court is the ultimate interpreter of the U. S. Constitution & its principles
Federalism n Government power is divided between the central government & smaller regional governments n n Washington, D. C. & the 50 states n Reflects the Founders’ desire to balance liberty & order The Articles lacked central authority while giving too much power to the States Federalism splits power between the national & local governments Certain powers are exclusive while some overlap
Federalism: The Division of Power
What is Federalism? n Federalism is a complex system that divides power in the U. S. q n Between the national (federal) & state governments Each level has a substantial set of powers
Federalism: Source of Political Conflict
Federalism: Defined n A system of government in which a written Constitution divides power n Neither level acting alone can change the basic division established by the Constitution
Why Federalism? n The Framers wanted a system strong enough to meet the nation’s growing needs n The existing states wanted to preserve their sovereignty
Federalism & the Constitution n The Constitution only recognizes national & state governments q States include many other levels—empower municipalities, towns, school districts, counties, etc.
How Does Federalism Work? n Set up & defined by the 10 th Amendment “The powers not delegated (given) to the U. S. by the Constitution, nor prohibited by the States, are reserved (left) to the States”
Basic Constitutional Framework n National Government= Delegated Powers State Governments= Reserved Powers National Government’s Powers= Supreme n Some powers are denied to each/both levels n n
Delegated Powers of the Nat’l. Gov’t. n Granted powers that are written in the Constitution specifically n Given powers that can be reasonably inferred by the Constitution n Allotted those powers necessary to run a sovereign nation
Expressed Powers n AKA “Enumerated” Powers Specifically written in the Constitution— EXPLICIT n Ex. Congress is given 27 expressed powers n q Collect taxes, coin money, regulate commerce, declare war, grant patents & copyrights
Implied Powers n n n Reasonably inferred by Constitution Gives the Gov’t. broad powers Established by Article 1, Sec. 8— “Necessary & Proper”/ “Elastic Clause” Gives Congress the right to make all laws which shall be necessary & proper…”
Inherent Powers n n Don’t originate from specific clauses of the Constitution Deal with foreign affairs U. S. has rights as a sovereign state in dealing with other nations Ex. ) acquiring territory, recognizing foreign states, setting immigration policy
Reserved Powers of the States n States rely on reserved powers—those not delegated nor denied n Not explicitly listed in the Constitution n Guaranteed by the 10 th Amendment
State Powers n Not explicitly listed—lots of leeway States regulate internal affairs but, cannot violate the supreme law n Examples n q Standards of behavior, welfare, education, elections, establishing local gov’ts. , regulating trade w/in a state
Sharing Power n Overlapping powers = Concurrent Powers n Concurrent powers are held by both the national & state governments National State
Denied Powers n Certain powers are denied to the States, the National Government, or BOTH n ALL laws that violate the Constitution are prohibited!
n On the next slide are a list of powers n Organize the powers correctly using your Federalism Venn Diagram n USE A PENCIL IN CASE YOU MAKE A MISTAKE Group Work together with your assigned group to complete
q q q q Appoint Royalty q General Welfare q Regulate Businesses Army & Navy q Highway Safety q Social Security Borrow Money q Hospitals q Postal Service Bring Back Slavery q Interstate Commerceq Voting Times & Dates Building Codes q Levy & Collect Taxes q Zoning Laws Coin Money q License Fees Commerce Regulation q Marriage & Divorce Declare War q Parks & Recreation Define & Punish Crimes q Patents & Copyrights Education q Police & Fire Establish Courts q Environmental Protection Establish Local Gov’ts. q Public Health Foreign Relations q Punish Religious Views Foreign Trade q Punish Without a Trial
Federal Government—Delegated Powers n Army & Navy n n n n n Coin Money Commerce Regulation Declare War Foreign Relations Foreign Trade Interstate Commerce Patents & Copyrights Social Security Postal Service
State Governments—Reserved Powers n Define & Punish Crimes n n n n n Education Establish Local Governments Highway Safety Hospitals License Fees Marriage & Divorce Police & Fire Regulate Businesses Voting Times & Dates
BOTH Levels—Concurrent Powers n n n n Borrow Money Establish Courts General Welfare Levy & Collect Taxes Parks & Recreation Environmental Protection Public Health
Local Gov’ts. —Empowered by States n Building Codes n Zoning Laws NEITHER Level—Denied Powers n n Appoint Royalty Bring Back Slavery Punish Religious Views Punish Without a Trial
The National Government & the 50 States Cooperative Federalism
The Supremacy Clause n Makes the Constitution the SUPREME law of the land n Creates a hierarchy of power n Supreme Court acts as an “umpire” between the States & the National Gov’t.
Hierarchy of Power n U. S. Constitution n Acts of Congress, Treaties n State Constitutions n State Laws n City & County Ordinances
Cooperative Federalism: Defined n Shared powers & cooperation between State & Federal governments n Working together to benefit our nation
Cooperative Federalism: The Constitution National Government’s Obligations to the States 1. Guarantee a republican (representative) form of government 2. Protect each state from foreign invasion & domestic violence 3. Respect territorial integrity
Examples of Cooperative Federalism n Federal grants to states n State & local election officials conduct national elections n State courts supervise the naturalization process n Local police cooperate with the FBI
Types of Grants-in-Aid: n Money/resources from Federal Gov’t. given to State Gov’ts. n n n Categorical Block Project
Categorical Grants n n n Given for a specific purpose Subject to government restrictions Examples: q q Medicaid Aid to Families with Dependent Children
Block Grants n n n Given for a general purpose Subject to limited government restrictions— favored over Categorical Grants Examples: q q q Social Services Welfare Programs Crime Prevention Education Drug Abuse Treatment
Project Grants n Given to States, localities, & private agencies that apply for them n Examples: q q Disease Research Medical Issues Job Training Employment Programs
Interstate Relations
Congressional Steps to Become a State 1. Petition Congress to pass an Enabling Act 2. State proposes Constitution to its citizens 3. Citizen voters approve the Constitution 4. Congress passes an Act of Admission
Interstate Compacts n Agreements among states & with foreign states q n Require Congressional Consent Constitution forbids any State from making treaties, alliances, or confederations with foreign states
Examples of Interstate Compacts n Sharing law enforcement data n Coordinating development & conservation of natural resources n Forest fire protection n Control of water pollution n Collection of taxes n Motor vehicle safety n Driver licensing n Cooperative use of public universities
Extradition n Legal process in which a fugitive from justice in one state is returned to that state n Designed to prevent a person from escaping justice by fleeing a state
Full Faith & Credit n Each state is required to accept public acts, records, & judicial proceedings of other states EXCEPTIONS… n One state cannot enforce another state’s criminal law
Privileges & Immunities Clause …No state shall deny…to any person within its jurisdiction the equal protection of its laws… n Prevents unfair favoring of a state’s residents over other residents q q q Using state courts Buying, owning, renting, & selling property Marrying within state borders
Exceptions to the Privileges & Immunities Clause n Hiring preferences to residents n Lowering welfare benefits for nonresidents n Setting higher fees for nonresidents using common property of the state n Higher out of state tuition
AMENDING THE CONSTITUTION
What is an Amendment? n An amendment is a change to the Constitution n 2 Types of Amendments q q Formal Informal
Amendment Types Formal Amendments n Change the written text (language) of the Constitution Informal Amendments n Change the meaning/interpretation of the Constitution WITHOUT changing its language
Formal Amendments n 27 total to date n 1 st 10 formal Amendments are known as the Bill of Rights n Process of adding formal amendments is covered in Article 5 of the Constitution
Formal Amendment Methods ALL METHODS REFLECT FEDERALISM—REQUIRE NATIONAL & STATE GOVERNMENTS WORKING TOGETHER Method 1 • Proposed by Congress • Ratified by State Legislatures Method 2 • Proposed by Congress • Ratified by Special State Conventions Method 3 • Proposed by National Convention • Ratified by State Legislatures 2/3 VOTE NEEDED TO PROPOSE 3/4 VOTE NEEDED TO RATIFY Method 4 • Proposed by National Convention • Ratified by Special State Conventions
Congress felt that conventions would better reflect public opinion on the issue of Prohibition
Unsuccessful Amendments Successfully proposed, but never ratified… n Child Labor Amendment n Equal Rights Amendment (ERA) n Washington, D. C. Voting Rights
Informal Amendments n Change the meaning/interpretation of the Constitution WITHOUT changing its language n Infinite in number n Process is NOT described in the Constitution
Informal Amendments Basic Legislation Political Party Practices Executive Action SOURCE S Pg. 65 -67 • Description/Def inition of each • Example Informal Amendments for each Court Decisions Customs
Sources of Informal Amendments n n n Basic Legislation (Laws) Congress Executive Actions The President Court Decisions The Supreme Court Political Party Practices Political Parties Customs Traditions
Informal Source Basic Legislation Executive Actions Political Party Practices Customs Court Decisions How it Works Examples
Informal Amendments In Practice n Very common b/c they are the result of dayto-day, year-to-year experiences n Don’t involve written changes to the Constitution n Can evolve into formal amendments
THE AMENDMENTS
1 st Amendment n Freedom of religion, speech, & press n Rights to assembly & petition
2 nd Amendment n The right of people to keep & bear weapons n The right to a militia
3 rd Amendment n No quartering n No soldier can be quartered in any home w/o the consent of the owner
4 th Amendment n Protection from unlawful search & seizure q q Persons Houses Papers Effects
5 th Amendment n Rights to persons accused of a crime n n n Protection from selfincrimination Can’t be tried w/o indictment Protection from double jeopardy Guarantees due process of law Limits eminent domain
6 th Amendment n Right to a fair & speedy trial
7 th Amendment n Right to a trial by jury in civil suits q In cases exceeding $20
8 th Amendment n Protection from unreasonable bail & cruel punishments n Punishments must fit the crimes committed n Death penalty may be used as punishment for extreme crimes
9 th Amendment n Powers reserved to the people n Citizens have additional rights not enumerated in the Constitution
10 th Amendment n Powers reserved to the States n All powers not addressed in the Constitution are left for the States to determine
11 th Amendment n Lawsuits against States n Federal courts may not hear cases in a state is sued by citizens of another state or foreign country n Only amendment to limit the judicial branch
12 th Amendment n Electing the President & Vice President
13 th Amendment n Abolished slavery n “Involuntary servitude” is allowed to punish criminals
14 th Amendment n Civil Rights in the States n Anyone born in the U. S. is guaranteed rights—citizen of BOTH U. S. & state where they live n States can’t deprive civil rights n Used as the basis form many civil rights cases q Brown vs. Board of Education
15 th Amendment n Expanded Right to Vote n Voting rights cannot be denied on the basis of race, color, or previous condition of servitude
16 th Amendment n Income Tax n Congress may have the authority to levy an income tax
17 th Amendment n Election of Senators n Called for the direct election of senators in each state q Previously chosen by state legislatures
18 th Amendment n Prohibition of intoxicating liquors n Banned the manufacture, sale, or transportation of alcohol q “Noble Experiment” n Only Amendment to be repealed
19 th Amendment n Women’s suffrage n Expanded voting rights to women n Can’t take away the right to vote based on account of sex
20 th Amendment n Presidential & Congressional Terms n Set beginning terms of office for the President & Congress q No “lame-ducks”
21 st Amendment n Repeal of Prohibition n States may enforce laws against the use & transport of liquor
22 nd Amendment n Limit on Presidential terms n Not to exceed 2 terms, or 10 years in office n FDR was elected to 4 terms
23 rd Amendment n Electors for Washington, D. C. n District of Columbia receives 3 electors in the Electoral College vote
24 th Amendment n Prohibited the use of poll taxes n States may NOT collect taxes as a condition of voting
25 th Amendment n Presidential Disability & Succession n Established procedures for the filling vacancies for the President & Vice President
26 th Amendment n Extended voting rights to 18 -year olds n Guarantees the right to vote for those 18 years of age n Inspired by Vietnam War
27 th Amendment n Restraint on Congressional salaries n No law varying the pay of Congress may not take effect until after the next election
Test Topics—Ch. 3 n The Constitution q q n Formal Amendments q q q n 6 Basic Principles Articles & Amendments Definition Methods Selected Amendments Informal Amendments q q q Definition Sources Examples
Test Topics—Ch. 4 n Federalism q q q n Definition/History 10 th Amendment Supremacy Clause National Government q q q n State Governments q q n Interstate Relations q Powers: delegated, expressed, implied, inherent 3 Obligations to the states Elastic Clause q q n Reserved Powers Exclusive vs. concurrent powers Compacts Full, Faith, & Credit Clause Privileges & Immunities Clause Cooperative Federalism q Types of Grants
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