THE THE CONSTITUTIONCONSTITUTION
Six Constitutional PrinciplesChapter 3
Principle 1: Separation of Powers
• Dividing power among three branches of government
• Members of the House of Representatives, the Senate, the president, and the federal courts are selected by and responsible to
different constituencies (people they represent)
Principle 2: Checks and Balances
• Each of the three branches of government
have some degree of
oversight and control over
the actions of the others
Principle 3: Federalism
• System of government in which power is divided between the national government and the state governments
• Independent states are bound together under one national government
Principle 4: Limited Government
•Functions and powers are written, limited, and restricted by law to protect the citizens
National Government• May not violate the Bill of Rights • May not impose export taxes among
states • May not use money from the Treasury
without the passage and approval of an appropriations bill
• May not change state boundaries
State Government• May not enter into treaties with other
countries • May not print money • May not tax imports or exports • May not Impair obligations of contracts • May not suspend a person's rights
without due process
Principle 5: Popular Sovereignty
• People are the source of any and
all government power
• Government draws its power
from the people of the US and the
people give that power through
the constitution.
Principle 6: Judicial Review
• Power given to the courts to determine if government action is constitutional
• Courts also have the power to nullify any actions they feel are unconstitutional.
Amending the Constitution
Methods of Proposal
Method 1
By 2/3 vote in both the House and the Senate
[most common method of proposing an amendment]
Methods of ProposalMethods of Proposal
Method 2
By national constitutional convention called by Congress at the request of 2/3 of the state legislatures
[This method has never been used]
Method 1
By 2/3 vote in both the House and the Senate
[most common method of proposing an amendment]
Or
Methods of RatificationMethods of RatificationMethod 1
By legislatures in ¾ of the states
[in all but one case, this is how amendments have been ratified]
Methods of RatificationMethods of RatificationMethod 2
Ratified through conventions in ¾ of the states.
[Only been used once to ratify the 21st Amendment]
Method 1
By legislatures in ¾ of the states
[in all but one case, this is how amendments have been ratified]
Or
Amendment ProcessAmendment ProcessMethods of Proposal
Method 1
By 2/3 vote in both the House and the Senate
Or
Method 2
By national constitutional convention called by Congress at the request of 2/3 of the state legislatures
Methods of Ratification
Method 1
By legislatures in ¾ of the states
Or
Method 2
Ratified through conventions in ¾ of the states.
Suggested Amendment Topics
• Flag burning• Allow non-natural
born citizens to become President
• Official language(s) of U.S.
• Definition of marriage
• Prayer in school
• Balanced budget• Electoral College• Terms limits on
U.S. Senators & Representatives
• Access to medical care for all citizens
• Death penalty
• http://www.cnn.com/2006/POLITICS/06/27/flag.burning/index.html
• http://www.cnn.com/2004/ALLPOLITICS/02/24/elec04.prez.bush.marriage/
Federalism
Remember Federalism is…
A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).
A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.
Federalism
Question:
• How do have both a strong national government and strong local governments?
Federalism & the Constitution
The Federal Government has
expressed powers specifically granted in the Constitution (tax, regulate commerce,
declare war, etc.)
The Federal Government has
implied powers from the necessary & proper
clause or “elastic clause” (ex: create a
national bank)The 10th Amendment
reserves powers to the states (ex: education, law enforcement, etc.)
The U.S. Constitution is the supreme law
of the land (National Supremacy
Clause)
Dual Federalism (1789-1932)
Federal and state governments are co-equals, each sovereign
Narrow interpretation of the Constitution
Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs)
State have greater role and powers (ex: public education, race relations)
What does duel federalism have in common with a layer cake?
Cooperative Federalism (1933-present)National government clearly supreme over
the states with wide interpretation of the “necessary and proper clause” (Article I, Sect. 8 of the Constitution, also known as the “elastic clause.”)
Federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights)
Began with the New Deal in the 1930s
What does cooperative federalism have in common with a marble cake?
Political Cartoons
Cartoon #1Which constitutional principle is represented in this cartoon? What is the message the
cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #2Which constitutional principle is represented in this cartoon? What is the message the
cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #3Which constitutional principle is represented in this cartoon? What is the message the
cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #4Which constitutional principle is represented in this cartoon? What is the message the
cartoonist is trying to get across? What symbols does the cartoonist use?
Political Cartoon #1Political Cartoon #1Title: Flag Burning Amendment
Gary Markstein, Wisconsin, The Milwaukee Journal-Sentinel , July 18, 2005 ,http://www.politicalcartoons.com
Political Cartoon #2Political Cartoon #2Title: Flag Burning
Steve Breen, The San Diego Union-Tribune, July 25, 2005http://www.politicalcartoons.com
Political Cartoon #3Political Cartoon #3Title: Gay Marriage Amendment
Mike Lane, Cagle Cartoons. Feb. 26, 2004 http://www.politicalcartoons.com