Government Honors: Chapter 3

The Constitution

Section 1: Basic Principles of the Constitution

Constitution

is the nations fundamental

law and is supreme law of the land
-basic

principles of government in the United

States
Limits

within which government must conduct

itself
Basic

rules of American politics

Section 1: Basic Principles of the Constitution

Preamble
7

Articles

27

Amendments

Not

incredibly detailed in its content

Section 1: Basic Principles of the Constitution

1st 3 articles deal with the 3 branches of government

Basic organization of each branch and how people are chosen for
office

Article IV- relationship with the states

Article V- amendment process

Article VI- Constitution is supreme law

Article VII- ratification

Section 1: Basic Principles of the Constitution

Article

I:

Bicameral Historical
Modeled

legislature is made of 2 houses

reasons:
after Parliament

Most

colonial assemblies were bicameral

New

state legislatures were bicameral

Section 1: Basic Principles of the Constitution

Article

Practical

Reasons:

Had

to be able to compromise between the Virginia Plan and

New Jersey Plan

Theoretical
One

Reasons:

house might check the other

Thought

legislature would dominate the new national

government

Bicameral

might also diffuse of the that power so that it didnt

dominate other branches

Section 1: Basic Principles of the Constitution

Article

II: Executive Article

Presidential
Command
Make

or veto acts of Congress

special sessions

Send

the armed forces

treaties

Approve
Call

power

and receive diplomatic representatives

Laws be faithfully executed

Outline

loosely drawn

Section 1: Basic Principles of the Constitution

Article

III:

One

supreme court, and in such inferior courts as congress may from

time to time ordain and establish

Inferior
Most

courts- lower federal courts under the Supreme court

cases heard in the United states are heard in state court

Constitutional
Supreme

Special
Dont

court, court of appeals, district court, US court of International trade

courts: legislative courts

have broad judicial power of the United States

Created
US

courts: regular courts

by congress for some special need

Court of appeals for the armed forces, US court of Appeals for Veterans
claims, US court of federal claims, US Tax Court, courts of District of Columbia

Section 1: Basic Principles of the Constitution

Basic

Principles: 6 Basic Principles of the Constitution

Popular

Sovereignty

Government
We

only with the consent of the governed

the people

Limited

Government

Government

may only do those thing the people have given it the power to do

Government

must obey the law

Constitutionalism-

government must be conducted according to the constitutional

principles
Rule

law

of law- government and its officers are always subject to- never above- the

Section 1: Basic Principles of the Constitution

Basic

Principles Cont.

Separation

of Powers

Basic

powers distributed among 3 distinct and independent

branches of government

Checks

and Balances

Each

branch is subject to a number of constitutional checks by

the other branches

Presidential veto power

Congresss ability to override a veto

Etc.

Section 1: Basic Principles of the Constitution

Judicial Review

Power of the court to determine the constitutionality of a governmental action

Unconstitutional- illegal and null and void based on some provision of the
Constitution

Not specifically writing in the Constitution (although most argue intended)

Established in Marbury v. Madison (1803)

Federalism

Division of power among a ventral government and several regional governments

1. governmental power could pose a threat to individual liberty

2. the exercise of governmental power must be restrained

3. to divide government power is to curb it and prevent its abuse

Section 2: Amending the Constitution

Constitution
Amendment Article

provides for amendments

Changes in the written word

V has the amendment process

ways to propose amendments

ways to ratify amendments

Section 2: Amending the Constitution

Proposal:
2/3rd

vote in each house of Congress

National

convention

Ratification

of state legislatures

2/4

of state conventions

Shows

the founders desire for federalism

Section 2: Amending the Constitution

President

has no official role in amendment

process
States

can go back and approve if they originally

reject a proposal, but once approved, they cant
take away their approval

Can

have a reasonable time placed on the passage

of amendments

Section 2: Amending the Constitution

Bill of Rights: 1st 10 amendments

1-9 deal with civil rights

Chart on page 93

12th amendment- after the election of 1800 when there

was a tie for the presidency

13th amendment- abolition of slavery

14th amendment- citizenship- all persons born or

naturalized in the US- efficiently granting former slaves
citizenship

Southern states forced to ratify before they could rejoin Congress

15th- voting rights to freed slaves

Section 2: Amending the Constitution

18th 19th

prohibition

amendment- womens right to vote

21st-

repeal of prohibition

22nd-

President gets two terms

FDR

26th-

won the presidency 4 times

voting age to 18

27th-

Congress cant raise their own pay during

that term
Originally

written by James Madison

Section 2: Amending the Constitution

Others

ways to change the constitution

1)

Passage of basic legislation by Congress

2)

actions taken by the President

3)

key decisions by the Supreme court

4)

activities of Political Parties

5)

custom and usage

Section 2: Amending the Constitution

Basic

Legislation:

Laws
Ex:

to clarify brief provisions

structure of the federal court system

Judiciary

Ex:

Act of 1789

different offices of the Executive Branch

Congress

in may ways has expanded the

Constitution
Ex.

Interstate Commerce

Section 2: Amending the Constitution

Executive

Action:

Executive

agreement: a pact made by the

President directly with the head of a foreign
state

Treaty:

formal agreement between two or

more sovereign states

Executive

agreements dont have to be

approved by the senate
Just

as legally binding

Section 2: Amending the Constitution

Court

decisions:

Supreme

court interprets and applies the

Constitution

Court

established the power of judicial review

Section 2: Amending the Constitution

Party
Ex:

Practices:
nominations of Presidents

Party

politics now involved in almost every

decision

Electoral

college- body that makes the formal

selection of the president

Section 2: Amending the Constitution

Custom

and Usage:

Cabinet:

15 executive departments set up as an

advisory body to the President

VP

getting the office of the Presidency (until the 25th

Amendment

Senatorial

courtesy: approve only those presidential

appointees who are acceptable to the senators of the
Presidents party

term presidents tradition

Section 3: Federalism: Powers Divided

Founders

felt:

Government

power inevitably poses a threat to

individual liberty

Therefore

the exercise of governmental power must be

restrained
To divide

governmental power as federalism does is to

prevent its abuse

Section 3: Federalism: Powers Divided

Federalism-

divides the powers of government on

a territorial basis, between a central government
and several regional governments (our case
federal government and state governments
Division

of power- implied in the Constitution but

spelled out in the 10th amendment

Provides

for two levels of government

Section 3: Federalism: Powers Divided

Federalism:
Allows

local action for local concerns

Allows

national action for national concerns

Allows

for differing circumstances among the

states
Allows

for experimentation and innovation

involving public policy problems

Section 3: Federalism: Powers Divided

3

types of Federal powers

Delegated

powers- government only has those powers

granted to it in the Constitution
3

types: expressed, implied, inherent

Expressed

powers- spelled out in the Constitution- also

known as enumerated power

Ex: power of Congress to tax

Can

also be in the Amendments

Section 3: Federalism: Powers Divided

Implied

powers- not expressly stated in the

Constitution
Reasonably
Necessary
Aka:

suggested

and proper clause

elastic clause

Inherent

powers- not expressly in the

Constitution- powers over time, all national
governments have come to posses
ex-

regulate immigration

Section 3: Federalism: Powers Divided

Powers

denied to the federal government:

Constitution

also denies some powers to the federal

government
Expressly

Tax exports

Silence

Public school system

Federal

system

Cannot tax state

Section 3: Federalism: Powers Divided

Powers

of the Fifty States

Reserved

powers- powers that the Constitution does not

grant to the National government and does no deny to
the states
Most

of the government does is done by the states

Powers
Some

denied to the states:

powers are denied to the states by the Constitution

Ex: states cannot enter into a treat

No state can tax the federal government because of federalism

State constitutions can also deny many powers to the states

Section 3: Federalism: Powers Divided

The

Exclusive and Concurrent powers:

Exclusive

powers- can be exercised only by the national

government
Some

expressly denied to the states

Concurrent

powers- powers both the national

government and state governments possess and
exercise
Collect

taxes

Does

not grant exclusively to the national government and

does not deny the states

Local

governments only have the powers the states give them

Exercising state powers

Section 3: Federalism: Powers Divided

Supremacy
Binds

national and state government

Supreme
Umpire

Court
in the federal system

McCulloch
1st

clause- Supreme law of the land

v. Maryland

dispute between the states and federal government

Maryland

tried to tax the bank of the United States

Chief

Justice John Marshall based decision on

supremacy clause

Fletcher
1stc

v. Peck

case a state law was ruled unconstitutional

Section 4: The National Government and the States

Constitution places several obligations on the National

Government for the benefit of the states- mostly found in
Article IV

States are guaranteed a republican (representative) form of

government

Federal government has to defend the states

States are primarily responsible for the internal disorder in their

states but they are also guaranteed protection with domestic
violence

Typically a governor has to ask first

Federal government must respect the territorial integrity of each

state

Cant deprive federal representation

Section 4: The National Government and the States

Northwest Ordinance of 1787

set up the path to statehood once territory had 60,000 people

Congress has the authority to admit new states

New states cannot take territory from an existing state

without the existing states permission

Section 4: The National Government and the States

Pathway
Ask

to statehood:

for admission

Congress

passes an enabling act- directs the people of

the territory to frame a proposed state

State

Constitution put to popular vote in the state

Submitted
Congress

to Congress for consideration

passes an act of admission- act creating a new

state
President

signs

Section 4: The National Government and the States

Grants-in-aid programs- grants of federal money or other

resources to the states and their cities, counties, and
other local units

Schools, colleges, roads, etc.

Category grants- closely defined purpose

States must use federal money only for these only for these
specific purpose involved

Make its own monetary contribution

Provide an agency to administer the grant

Obey set guidelines tailored to the particular purpose for which

the monies are given

Section 4: The National Government and the States

Block grant- more broadly defined, fewer strings

Healthcare, social services, etc.

Project grants- made when a grant is applied for to aid a

specific project

States also help the national government

Conduct elections

Naturalization takes place in state courts

Etc.

Section 4: The National Government and the States

States

can enter into interstate compactsagreements among themselves with foreign states
Sharing

law enforcement data

Conservation
Etc.

efforts

Section 4: The National Government and the States

Full Faith and Credit Clause

Recognize and respect the validity of other state courts

One state cannot enforce another states criminal law

Full faith and credit need not be given to certain divorces granted by
one state to residents of another state

Extradition

Legal process by which a fugitive from justice in one state can be

returned to the that state

Federal courts can order an unwilling governor to extradite a

fugtive

Section 4: The National Government and the States

Privileges

and Immunities

No

state can draw unreasonable distinctions between

its own residents and those who live in another state
Cannot
Can

require employers to hire in-state workers first

put time limits on voting privileges and running for office

In-state

versus out of state tuition