1. 6 Basic Principles of the Constitution 6 Principles

2. Rights vs. Privileges
What is the difference between rights and privileges?
Rights: Things we have because of being alive; Bill of Rights; protected
Privileges: Things that can be taken away
“Access to government resources is a privilege not a right and comes with tough new conditions and responsibilities. We need to earn the public’s trust that those who were not responsible for this crisis aren’t bearing a bigger burden than those who were.” – The Obama Administration, Feb, 2009
Who do our rights protect?
Anyone physically in the U.S., regardless of legal status or citizenship

3. 1. Popular Sovereignty People are the source of the gov’t’s power
Gov’t can govern only with our consent
It gets consent our through:
Elections
Ordinary people serving in the government
We have access to our leaders

4. 2. Limited Government video
The government is not all powerful
They can only do what we give them power to do
Government must obey the laws
“constitutionalism”
“rule of law” (vs. “rule of man”)
Government has to be responsible or we will change it

5. 3. Separation of Powers Constitution created 3 branches of government
Why?
Keeps all of the gov'ts power out of the hands of 1 person or group

6. 4. Checks and Balances
The 3 branches are not totally separate or independent of each other
Each branch can restrain (check) the others; this balances out the power

7. 5. Judicial Review Part of the Checks and Balances system
Any federal court can decide if a federal law or action is constitutional or not
Established by Marbury v Madison in 1803
Stated that part of the Judiciary Act of 1798 was unconstitutional

8. 6. Federalism What is a “federal” government?
System of shared powers between 2 levels of governments:
National government
State governments

9. National government
State governments
Allowed
Denied

10. Federalism: Types of Powers Powers federalism

11. Powers given only to the national government
Delegated Powers
Powers given only to the national government
These powers are limited to what is written in the Constitution
3 types:
Expressed
Found in Article I, Section 8: 27 total
Found in other Articles and amendments too
Declare war, coin money, treaties, USPS, etc.

12. Implied Gives Congress power to put Expressed powers into effect
Uses the Necessary and Proper Clause (Elastic Clause)
Building the post offices & buying trucks, actually coining money, buying ships and uniforms for the military, etc.

13. Article I, Section 8, Cl. 18
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

14. Inherent Powers the U.S. has simply because it is a nation:
Making laws, immigration laws, deporting aliens, admitting states, national security, making treaties

15. Powers denied to the national government:
Anything not listed in the places above
Anything outright denied in Article I, Sect. 9 and in various Amendments

16. National government State governments Allowed Denied Delegated Powers
Article I, Sect. 8:
Allowed
Coin money; treaties; post office; etc.
Article I, Sect. 9
Any Non-Delegated Powers
Denied

17. Powers given only to state governments
Reserved Powers
Powers given only to state governments
These are powers that are not given to the national government and not denied to the states
Established thru the 10th Amendment

18. Powers denied to the state governments:
Any Delegated power
Any power that is directly forbidden (found in Article I, Sect. 10 and in some Amendments)

19. National government State governments Allowed Denied Delegated Powers
Reserved Powers
Article I, Sect. 8:
Marriage; driving; fireworks; voting; etc.
Allowed
Coin money; treaties; post office; etc.
Article I, Sect. 9
Any Non-Delegated Powers
Article I, Sect. 10
Denied
Delegated Powers:
Article I, Sect. 8

20. Powers shared by both levels
Concurrent Powers
Powers shared by both levels
Not exclusive to the national government and not denied to the states

21. Look at it this way: There are two lists… State Gov’ts Can Do:
National Gov’t
Can Do:
Declare war
Coin money
Establish post roads
Regulate interstate commerce
Cannot Do:
Suspend Habeas Corpus
Export taxes
No ex post facto laws
State Gov’ts
Cannot Do:
Declare war
Coin money
Establish post roads
Regulate interstate commerce
Make treaties with other nations
Enforce national laws
Raise duties or Import taxes
Art. 1, Sect. 8
These are the same
Art. 1, Sect. 8
Art. 1, Sect. 10
Art. 1, Sect. 9
If it’s not on here, they cannot do it
If it’s not on here, they can do it Power

22. The Supremacy Clause
Article IV: The Constitution is the “supreme law of the land”
S.C.

23. Federalism: Cooperation
National Government
States
States

24. National Government & States
The National government must provide certain things for states:
Guarantee a republican form of gov’t
Republican: People have a voice/choice
Protection against invasion & domestic violence
Respect the physical territory of each state
Admit new states

25. The National government may provide other things for states:
Provide financial assistance to states:
Federal Grants in Aid
For specific things (directed spending)
Block grants
More general things, more open-ended
Revenue Sharing
Give part of federal tax collections to states for them to use

26. The States can also help the national gov’t:
Provide other types of help:
FBI helps states with cases
FEMA helps with natural disasters
Military training of the National Guard
The States can also help the national gov’t:
Local law enforcement can help FBI or other agencies with federal cases
States run federal elections
State courts help with naturalizations, immigration cases, house aliens

27. Interstate Relations Interstate Compacts
Agreements between two or more states to cooperate
Examples:
New York Port Authority
(NY and NJ policing around Manhattan, runs bridges and tunnels) (OOPS –Gov. Chris Christie and the Bridge issue)
AL – GA – FL Apalachicola River Basin
Sharing law enforcement data

28. Full Faith and Credit
States must recognize/enforce civil legal proceedings and documents of other states
Examples:
Marriages
Child custody, child support, alimony
Restraining orders, monetary awards from lawsuit
Enforce only civil, not criminal, matters

29. Privileges and Immunities
Extradition
States cooperate to return fugitives to the state seeking their capture
Privileges and Immunities
States cannot ‘discriminate’ against non-state residents
Can’t charge higher hotel fees, tolls, etc.
Exceptions:
Voting
Licenses (driving, teacher’s, doctor’s, etc.)
Holding public office