Warm Up – February 4 Answer the following questions on a post it: 1. Which constitution do you think was written first – state or federal? Why? 2. Why would state constitutions be different than the federal constitution? 3. What similarities exist between the two constitutions? 4. What differences exist? 5. What topics are addressed in the NC Constitution that are not addressed in the US Constitution? Why do you think a state would want to address these issues? 6. Do you think the needs of a state differ from the needs of a country?
Unit 2: Structure of Federalism Six Basic Principles of the Constitution and the Bill of Rights
N.C. Constitution - 1776 Written 1776 in HALIFAX, NC State Constitutions (1776) written before the U.S. Constitution (1787) US Constitutions modeled after the states WHY WAS THE N.C. STATE CONSTITUTION WRITTEN THE SAME YEAR AS THE DECLARATION OF INDEPENDENCE?
Changes to the NC Constitution NC as gone through 2 major changes to their Constitution(1868 and 1970) Why Make Changes? to eliminate outdated material Reflect changes in society Update language
Changes Changes to the NC Constitution since 1970: 1. 1972-lowered voting age from 21 to 18. 2. 1977-Governor can serve 2 consecutive terms For example Jim Hunt was governor from 1980-1988 and then again from 1992-2000 3. 1996-Governor give the power to veto
The US Constitution - 1787 Written plan for US government, signed on September 17, 1787 in Philadelphia Ratified (approved) in 1788 when the 9th of 13 state legislatures agreed Begins with the Preamble - explains the reasons why the Framers of the Constitution made our government a republic Bill of Rights was added in 1791 1st 10 amendments Protects citizens individual rights 27 amendments (changes) have been made since 1791
1. Popular Sovereignty Pop=People, Sovereignty=Supreme Power Power is held by the People Example: 17th Amendment-People directly elect US Senators
2. Limited Government There are limits on the governments power. Rule of Law - Those who govern must also obey the law Example: Government officials can face punishment for breaking the law
3. Separation of Powers Power is divided between 3 branches Examples: Legislative Branch – make the laws Executive Branch – enforces the laws Judicial Branch – interprets the laws
4. Checks and Balances Congress make laws Each branch is checked by the other two to ensure no branch becomes too powerful Examples: Congress make laws President can sign or veto the law Supreme Court can declare Law unconstitutional
5. Federalism Power is shared between the state and federal government Example: Expressed Power (Enumerated)-powers given specifically to the national government in Art 1: Sec 9 Reserved Powers-powers given to states (10th Amendment) Concurrent powers-powers shared between the state and federal government.
6. Judicial Review This is not technically a principle the founders thought about at the time, but was later granted power through a Supreme Court decision. Power of the Supreme Court to declare laws and government actions unconstitutional Marbury v. Madison-Court case that established judicial review
TOD – February 4 Answer the following questions on the same post it as the warm up: Why are state constitutions different than the federal constitutions? Why is it required to make changes to a constitution? What is the purpose the preamble in both state and federal constitutions? What are the six principles of the Constitution?