U.S. Constitution Topic 3

An Overview of the Constitution Preamble Articles 1-7 Amendments 1-27 (1-10 known as the bill of rights)

Basic Principles Popular Sovereignty Limited government (Constitutionalism) (Rule of law) Separation of powers Check and balances Judicial review (Marbury v. Madison) federalism

Amending the constitution

Constitutional change by means other than formal amendment The passage of basic legislation by congress Actions taken by the president (Commander in Chief, Executive agreement) Key decisions of the supreme court The activities of political parties Custom and usage (cabinet)

Bill of rights Freedom of religion, speech, press, assemble, and petition The right to bear arms Protection from having to quarter soldiers Protection against arbitrary searches and seizures without proper warrant Criminal proceedings, due process, eminent domain (prosecution without indictment, being tried for the same crime twice, having to testify against oneself, loss of life- liberty- or property without due process of law, loss of property without just compensation) Criminal proceedings (speedy trial by an impartial jury, be informed of the charges, cross examine witnesses, present favorable witnesses, an attorney) Jury trials in civil cases ($20.00) Bail; cruel, unusual punishment Unenumerated rights (other unwritten rights held by the people) Powers reserved to the states

Some major amendments 13th Amendment: Slavery and involuntary servitude 14th amendment: Rights of citizens (equal protection) 15th amendment: Right to vote-race, color, servitude 18th amendment: prohibition of intoxicating liquors 19th amendment: equal suffrage-sex 21st amendment: repeal of 18th amendment 26th amendment: right to vote - age

Federalism: powers divided Is a system of government in which a written constitution divides the powers of government on a territorial basis, between a central government and several regional governments, usually called states or provinces. The U.s. constitution provides for a division of powers between the National government and the governments of the 50 states. Strengths: it allows local action in matters of local concern and national action in matters of wider concern, allows for experimentation and innovation in solving public policy problems, it also provides for the strength that comes from the Union of fifty states (national defense, foreign affairs, and even domestic affairs like natural disasters that hit a portion of the country)

Three types of federal powers Expressed powers: those powers delegated to the national government expressly written in the constitution Implied powers: not expressly stated in the constitution, but they are reasonably suggested or implied by the expressed powers Inherent powers: powers that belong to the national government because it is the national government of a sovereign state in the world community. These powers are few in number. An example would be the power to regulate immigration, to deport aliens, to acquire territory, to grant diplomatic recognition to other states, and to protect the nation against rebellion or other attempts to overthrow the government by force or violence.

How powers are denied to the federal government The constitution expressly denies some powers to the national government Several powers are denied to the national government because of the silence of the constitution (delegated powers; only has those powers the constitution gives to it) Some powers are denied to the national government because of the federal system itself

Powers of the fifty states 10th amendment: powers reserved to the state Reserved powers are those powers that the constitution does not grant to the National government and does not, at the same time, deny to the states Examples: any state can forbid persons under 18 to marry without parental consent Ban the sale of pornography Outlaw prostitution Require doctors, lawyers, hairdressers, and plumbers be licensed in order to practice in the state Establish public schools

Powers denied to the states Expressly written: No state can enter into any treaty, alliance, or confederation Can not print or coin money Deprive any person life, liberty, or property without due process of law Denied inherently by the existence of the federal system No state can tax any of the agencies or functions of the national government

Exclusive and concurrent powers Exclusive Powers: they can be exercised only by the national government; they cannot be exercised by the States under any circumstances! Coin money, make treaties, taxes on imports Concurrent Powers: they are powers that both the national government and the states posses and exercise. Levy and collect taxes, define crimes and set punishments for them, take private property for public use The constitution reigns supreme!!!!