Presentation on theme: "Federalism And The Constitution Chapter 3 Notes. There are 6 principles in the Constitution Popular Sovereignty Rule of Law Separation of Powers."— Presentation transcript:
There are 6 principles in the Constitution Popular Sovereignty Rule of Law Separation of Powers Checks And Balances Judicial Review Federalism
Popular Sovereignty This simply put is the right of the people to rule.
Rule of Law This means that the law is applied equally to every person in the US. 14 th Amendment
Separation of Powers Legislative Branch- headed by the Congress (House of Representives, Senate). They make all of the laws. The Legislative branch gets its powers from Article I of the Constitution. Executive Branch- headed by the President. In charge of enforcing the laws, they get their power from Article II in the Constitution. Judicial Branch- headed by the Supreme Court. They interpret the law. They get their power from Article III of the Constitution.
Checks and Balances The President can veto legislation from Congress, make Judicial appointments, and can pardon criminals. Congress can over ride a Presidential veto with a 2/3 majority vote in each house, they can impeach federal officials, approve Presidential appointments, and may rewrite laws if they are unconstitutional. The Supreme Court can declare laws, and executive actions as unconstitutional, this is known as judicial review. This power came from the Supreme Court case of Marbury v. Madison
Judicial Review This is the power of the Supreme Court to decide whether or not laws violate the Constitution. They were extended this power by the case of Marbury V. Madison.
Federalism Is a system of government where the power of government is divided between the national/federal government and the state governments. Each of these levels of government have powers and responsibilities that are outlined in the US Constitution, which is considered to be the supreme law of the land
Delegated powers Are powers that are given to the federal government in the Constitution. Some powers are, to coin money, to regulate trade, to declare war, to maintain a postal service, and to maintain an army and a navy. These powers are given to the government in Article I section 8 of the Constitution. These powers are given to Congress and are also referred to as enumerated powers. Powers denied to the federal government- they can not tax exports, or pass laws favoring one state over another.
Reserved Powers These are powers given to the state governments by the 10th Amendment. Some of these powers are, to establish schools, conduct elections, and to establish local governments. Powers denied to the states- they can not make treatys, coin money, or have an army.
Concurrent Powers these are powers that are shared by the federal government, and by the state governments. Some of these powers are, income taxes, building roads, establishing courts, law enforcement, and prisons.
Implied Powers Implied Powers- these are powers of Congress that are not found in the Constitution. This is also called the Elastic clause. (Air Force)
Constitutional Protection of Civil Liberties rights and freedoms found in the Bill of Rights The bill of rights are the first 10 Amendments to the Constitution.
Other Rights Writ of Habeas Corpus- you must be charged with a crime within 48 hours or you must be released. Bill of Attainder- you can not be imprisioned without a trial. Ex Post Facto- no law can be retroactive (after the fact), if it was not illegal at the time of the crime then you can not be charged. Due Process- the government must follow certain rules and procedures to insure your rights. Individual Rights- are found in the Bill of Rights. Limits on civil liberties- must be done in Federal Courts.
Our Constitution Divided into 7 Articles There are 27 Amendments, the first 10 are known as the Bill of Rights.
7 Articles Article I - Powers to the Legislative Branch Article II - Powers to the Executive Branch Article III -Powers to the Supreme Court Article IV - Full Faith And Credit Article V - Amending the Constitution Article VI - Supremacy Clause Article VII - How to Ratify
The Amendment process There are 2 ways to propose an Amendment. The first involves Congress, you need a 2/3 vote in both houses. The second involves the states. 2/3 of the State Legislatures can pass an Amendment. Finally it must be ratified by three-quarters of the States. The only method we have ever used is the Congressional method
Interpreting the Constitution Is the responsibility of the Supreme Court and the other Federal Courts. They deal with the Constitutionality of the laws. The Supreme court can review and over turn a past decision (Ex. Plessy v. Furgeson (1896). This was over turned by Brown v. The Board of Education in 1954, this dealt with segregation in public schools.