THE UNITED STATES CONSTITUTION AND FEDERALISM UNIT 3

THE UNITED STATES CONSTITUTION AND FEDERALISM Section 1: Basic Principles

5 Basic Principles of the Constitution 3. Separation of Powers 2. Limited Government 1. Popular Sovereignty

5 Basic Principles of the Constitution 5. Federalism 4. Checks and Balances

5 BASIC PRINCIPLES EXPLAINED 1. Popular Sovereignty Government’s authority comes from the people 2. Limited Government 3. Separation of Powers /Sharing of Powers Article I: legislative branch Article II: executive branch Article III: judicial branch *All branches have separate powers

4. CHECKS AND BALANCES PowersChecks on Powers Legislative Branch 1. Makes laws 2. Can override presidential veto of bill with 2/3 vote 3. Approves appointments to top gov. jobs 4. Holds the “power of the purse” 1. President’s power to veto legislation passed by Congress 2. Supreme Court’s power to rule that laws are unconstitutional Executive Branch 1. Approves or vetoes laws 2. Carries out laws 3. appoints federal court judges, ambassadors, and other high-level officials 4. Negotiates treaties 1. Congress’s ability to override the president’s veto by a 2/3 vote 2. Congress’s power to approve spending by the federal gov 3. Senate’s power to approve presidential appointments to top gov jobs 4. Senate’s authroity to approve all treaties 5. Congress’s power to impeach the president Judicial Branch 1. Interprets the meaning of laws 2. Judicial review 1. Congress’s power to propose an amendment to the Constitution if the Supreme Court rules that a law is unconstitutional 2. Senate’s authority to refuse to approve the appointments to federal court 3. Congress’s power to impeach a federal judge

5. FEDERALISM Power divided between national gov and state and local govs.

THE UNITED STATES CONSTITUTION AND FEDERALISM Section 2: Amending the Constitution

CONSTITUTION HAS BEEN AROUND FOR OVER 200 YEARS. FRAMERS KNEW THEY NEEDED TO INCLUDE A WAY TO CHANGE IT AS TIMES CHANGE

AMEND: Make minor changes in (a text) in order to make it fairer, more accurate, or more up-to-date. Modify formally, as a legal document or legislative bill.

RATIFY: To pass

4 WAYS TO AMEND THE CONSTITUTION Propose an amendment Ratifying an Amendment 1. 2/3 of both houses of Congress (all 27 proposed this way) A. Legislatures in ¾ of states (26 ratified this way) 2. National Convention called by Congress at the request of 2/3 of state legislatures (never done) B. Special conventions in ¾ of the state (1 ratified this way—21 st amendment) #1 #2 #3 #4

THE 27 AMENDMENTS Bill of Rights 1-10: Protect individual freedoms 13 th, 14 th, 15 th : expand voting and other rights to groups 17 th : direct election of Senators 19 th : women’s suffrage 16 th : national income tax 18 th : Prohibition

THE UNITED STATES CONSTITUTION AND FEDERALISM Section 3: A Flexible Document

THE CONSTITUTION IS A “LIVING DOCUMENT” BECAUSE IT IS FLEXIBLE AND CHANGES WITH THE TIMES! 1. Gov. actions A. Court decisions B. Congressional legislation C. Executive actions 2. Political actions A. Important role in elections B. Organize daily operations of Congress 3. Custom and tradition A. Strongly influence how gov. carries out its functions

THE UNITED STATES CONSTITUTION AND FEDERALISM Section 4: Federalism

POWERS OF THE FEDERAL GOVERNMENT—3 TYPES

1. EXPRESSED POWERS—SPECIFICALLY STATED IN THE CONSTITUTION Legislative Branch (Article I, Section 8) Issuing money Collect national taxes Borrow money Pay gov. debts Declaring war Raising and maintaining armed forced Regulate trade among the states and foreign govs Executive Branch (Article II) Command armed forces Direct relations with gov of other countries Judicial Branch (Article III) Rule on cases involving the US gov, foreign officials in the US, and disputes among the states Decide cases concerning the Constitution, federal laws, and treaties

2. IMPLIED POWERS Article I, Section 8— “Congress has the power to make all laws which shall be necessary and proper to exercise its other powers” Known as “ELASTIC CLAUSE”

3. INHERENT POWERS Inherent powers— naturally belong to the gov Most relate to foreign affairs

POWERS OF FEDERAL AND STATE GOVERNMENT Federal Government Powers 1. Regulate interstate and foreign trade 2. Coin an print money 3. Post offices 4. Raise and support armed forces 5. Declare war and make peace 6. Govern US territories and admit new states 7. Pass laws regulating immigration 8. Make all laws “necessary and proper” to carry out its powers Shared (Concurrent Powers) 1. Collect taxes 2. Borrow money 3. Establish courts 4. Charter banks 5. Make and enforce laws 6. Provide for the health and welfare of the people State (Reserved) Powers 1. Regulate trade within the state 2. Establish local governments 3. Conduct elections 4. Determine qualifications of voters 5. Establish and support public schools 6. Pass laws regulating businesses within state borders 7. Make civil and criminal laws 8. Pass license requirements for professionals

LIMITS ON FEDERAL AND STATE POWERS Powers Denied to the Federal Government Tax imports Pass laws favoring one state over another Spend money unless authorized by federal law Powers Denied to the States Issue its own money Make a treaty with a foreign gov Go to war Powers Denied to Both Levels Deny people certain rights, such as trial by jury Grant titles of nobility

RESPONSIBILITIES Federal Make sure states have rep gov Protect states from violent actions Respect states’ territories State Set district boundaries for Congress Set up rules for electing members of Congress Maintain National Guard