1. THE CONSTITUTION AND GOVERNMENT
TONY TSAI
HUMANITIES
BRIDGES

2. 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

3. 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.

4. 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.

5. 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.

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

7. CHECKS AND BALANCES

8. CHECKS AND BALANCES

9. 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.

10. 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.

11. FLEXIBILITY - ARTICLE 5, THE AMENDMENT PROCESS

12. 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.

13. 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.

14. 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.

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

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

22. 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.

23. 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