THE CONSTITUTION AND GOVERNMENT TONY TSAI HUMANITIES BRIDGES

BASIC PRINCIPLES OF THE CONSTITUTION POPULAR SOVEREIGNTY (Democracy) - The source of all power or authority to govern is the people. In other words: The people have the power. VOTE

BASIC PRINCIPLES OF THE CONSTITUTION LIMITED GOVERNMENT: Governmental powers are defined by the Constitution. Our government is limited by law. The Constitution places limits on state and national governments and government officials as well. Unlike a dictator or absolute monarch.

BASIC PRINCIPLES OF THE CONSTITUTION SEPARATION OF POWERS: The power to govern is divided among the Legislative, Executive, and Judiciary branches Ensures that no single branch can dominate the government. Each branch gets its power directly from the Constitution, not from another branch.

CHECKS AND BALANCES This system gives each branch of the national government ways to check, or control, the other branches. This prevents too much power from falling into the hands of any one part of the government.

THREE BRANCHES Legislative: House of Representatives & Senate Executive: President, Vice President Judicial: Supreme Court

CHECKS AND BALANCES

CHECKS AND BALANCES

FLEXIBILITY THE ELASTIC CLAUSE - Article 1, Section 8, Clause 18, states that Congress can make all laws “NECESSARY AND PROPER” for carrying out the tasks listed in the Constitution. Congress can make all laws that are: Necessary = Doing what is needed. Proper = Doing something in a good way.

FLEXIBILITY JUDICIAL INTERPRETATION - The Supreme Court and lower federal courts review cases which involve possible conflicts with the Constitution and federal laws. This involves interpreting local, state, and federal laws, as well as executive actions.

FLEXIBILITY - ARTICLE 5, THE AMENDMENT PROCESS

Federalism in the Constitution Federalism - The Constitution divides the power to govern between the national and state governments. Disputes between the national and state governments are settled by the courts, but the Supremacy Clause of Article 6 of the Constitution makes the Constitution, federal laws, and treaties superior to state laws.

Federalism in the Constitution DELEGATED POWERS - Powers given to the national government by the Constitution (Article 1, Section 8) IMPLIED POWERS - Powers given to the national government by the Constitution, but are not expressly written in the Constitution. Their existence is implied by the Elastic Clause.

Federalism in the Constitution RESERVED POWERS - Powers neither delegated to the national government nor denied to the states. Article 4 describes relations among the states and lists guarantees that the national government makes to the states. Article 7 reminds the national government that it had to be approved by the individual states. CONCURRENT POWERS - Powers that belong to both the national and state governments.

FEDERALISM DELEGATED POWERS RESERVED POWERS Maintain army and navy Conduct Elections CONCURRENT POWERS Establish Schools Regulate businesses within a state Establish local govts. Regulate marriages Declare war Coin Money Regulate trade between states and with foreign nations Enforce laws Establish courts Borrow money Protect the safety of people Build roads Collect taxes Assume other powers not given to the national govt. or denied to the states Make all laws necessary for carrying out delegated powers

FEDERAL OFFICEHOLDERS: REPRESENTATIVE (H of R) At least 1 per state; based on state population Serve a 2 year term Elected by voters of congressional district Must be Age 25 or over; a citizen for 7 years; and a resident of state in which elected

FEDERAL OFFICEHOLDER: SENATOR Must have 2 per state Serve a 6 year term Elected by state voters (17th Amendment) Must be Age 30 or over; citizen for 9 years; and a resident of in which elected

FEDERAL OFFICEHOLDERS: PRESIDENT & VICE PRESIDENT Only 1 is required for each position Serve for a 4 year term Elected by the electoral college Must be Age 35 or over; a natural-born citizen; and a resident of U.S. for 14 years

FEDERAL OFFICEHOLDERS: SUPREME COURT JUSTICE Nine Supreme Court Justices Serve a life-term Appointed by President with approval of the Senate No requirements in Constitution

GREAT COMPROMISE Representation in Congress Virginia Plan – Representation based on Population (Big States) New Jersey Plan – Equal Representation (Small States) Great Compromise = Bicameral Legislature (2 Houses) House of Representatives: Based on Population Senate: Equal for each state

Great Compromise Bicameral Legislature CONGRESS House of Senate Representatives (435 members) Senate (100 members)

Congress STATE Number of House of Rep. New York 27 California 53 New Jersey 12 Alaska 1 *The number of representatives for each state is determined every 10 years with the results of the census showing how many people live in each state.

3/5th COMPROMISE Slave States – Slaves count in calculation of population for representation Free States – Slaves don’t count in calculation of population for representation 3/5th Compromise – Slaves count as 3/5 of a person for calculation of population for representation