1. Six Constitutional Principles Chapter 3
THE CONSTITUTION
Six Constitutional Principles
Chapter 3

2. Principle 1: Separation of Powers
Dividing power among three branches of government
Members of the House of Representatives, the Senate, the president, and the federal courts are selected by and responsible to different constituencies (people they represent)

3. Principle 2: Checks and Balances
Each of the three branches of government have some degree of oversight and control over the actions of the others

4. Principle 3: Federalism
System of government in which power is divided between the national government and the state governments
Independent states are bound together under one national government

5. Principle 4: Limited Government
National Government
May not violate the Bill of Rights
May not impose export taxes among states
May not use money from the Treasury without the passage and approval of an appropriations bill
May not change state boundaries
Functions and powers are written, limited, and restricted by law to protect the citizens
State Government
May not enter into treaties with other countries
May not print money
May not tax imports or exports
May not Impair obligations of contracts
May not suspend a person's rights without due process

6. Principle 5: Popular Sovereignty
People are the source of any and all government power
Government draws its power from the people of the US and the people give that power through the constitution.

7. Principle 6: Judicial Review
Power given to the courts to determine if government action is constitutional
Courts also have the power to nullify any actions they feel are unconstitutional.

9. Amending the Constitution

10. By 2/3 vote in both the House and the Senate
Methods of Proposal
Method 1
By 2/3 vote in both the House and the Senate
[most common method of proposing an amendment]

11. By 2/3 vote in both the House and the Senate
Methods of Proposal
Method 2
By national constitutional convention called by Congress at the request of 2/3 of the state legislatures
[This method has never been used]
Method 1
By 2/3 vote in both the House and the Senate
[most common method of proposing an amendment] Or

12. Methods of Ratification
By legislatures in ¾ of the states
[in all but one case, this is how amendments have been ratified]

13. Methods of Ratification
Ratified through conventions in ¾ of the states.
[Only been used once to ratify the 21st Amendment]
Method 1
By legislatures in ¾ of the states
[in all but one case, this is how amendments have been ratified] Or

14. Amendment Process Methods of Proposal Methods of Ratification Method 1
By 2/3 vote in both the House and the Senate
Method 1
By legislatures in ¾ of the states Or Or
Method 2
Ratified through conventions in ¾ of the states.
Method 2
By national constitutional convention called by Congress at the request of 2/3 of the state legislatures

15. Suggested Amendment Topics
Flag burning
Allow non-natural born citizens to become President
Official language(s) of U.S.
Definition of marriage
Prayer in school
Balanced budget
Electoral College
Terms limits on U.S. Senators & Representatives
Access to medical care for all citizens
Death penalty

17. Federalism

18. Remember Federalism is…
A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).
A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.

19. Federalism
Question:
How do have both a strong national government and strong local governments?

21. Federalism & the Constitution
The U.S. Constitution
is the supreme law
of the land
(National Supremacy Clause)
The Federal Government has expressed powers specifically granted in the Constitution (tax, regulate commerce, declare war, etc.)
The Federal Government has implied powers from the necessary & proper clause or “elastic clause” (ex: create a national bank)
The 10th Amendment reserves powers to the states (ex: education, law enforcement, etc.)

22. Dual Federalism ( )
Federal and state governments are co-equals, each sovereign
Narrow interpretation of the Constitution
Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs)
State have greater role and powers (ex: public education, race relations)

23. What does duel federalism have in common with a layer cake?

24. Cooperative Federalism (1933-present)
National government clearly supreme over the states with wide interpretation of the “necessary and proper clause” (Article I, Sect. 8 of the Constitution, also known as the “elastic clause.”)
Federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights)
Began with the New Deal in the 1930s

25. What does cooperative federalism have in common with a marble cake?

26. Political Cartoons

27. Cartoon #1 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

28. Cartoon #2 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

29. Cartoon #3 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

30. Cartoon #4 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

31. Political Cartoon #1 Title: Flag Burning Amendment
Gary Markstein, Wisconsin, The Milwaukee Journal-Sentinel , July 18, 2005 ,

32. Political Cartoon #2 Title: Flag Burning
Steve Breen, The San Diego Union-Tribune, July 25, 2005

33. Political Cartoon #3 Title: Gay Marriage Amendment
Mike Lane, Cagle Cartoons. Feb. 26, 2004