Federalism And The ConstitutionChapter 3 Notes

There are 6 principles in the Constitution

Popular SovereigntyRule of LawSeparation of PowersChecks And BalancesJudicial ReviewFederalism

Popular SovereigntyThis simply put is the right of the people

to rule.

Rule of LawThis means that the law is applied equally

to every person in the US.14th Amendment

Separation of Powers Legislative Branch- headed by the Congress

(House of Representives, Senate). They make all of the laws. The Legislative branch gets its powers from Article I of the Constitution.

Executive Branch- headed by the President. In charge of enforcing the laws, they get their power from Article II in the Constitution.

Judicial Branch- headed by the Supreme Court. They interpret the law. They get their power from Article III of the Constitution.

Checks and Balances The President can veto legislation from Congress,

make Judicial appointments, and can pardon criminals.

Congress can over ride a Presidential veto with a 2/3 majority vote in each house, they can impeach federal officials, approve Presidential appointments, and may rewrite laws if they are unconstitutional.

The Supreme Court can declare laws, and executive actions as unconstitutional, this is known as judicial review. This power came from the Supreme Court case of Marbury v. Madison

Judicial ReviewThis is the power of the Supreme Court to

decide whether or not laws violate the Constitution.

They were extended this power by the case of Marbury V. Madison.

Federalism Is a system of government where the

power of government is divided between the national/federal government and the state governments. Each of these levels of government have powers and responsibilities that are outlined in the US Constitution, which is considered to be the supreme law of the land

Delegated powers Are powers that are given to the federal

government in the Constitution. Some powers are, to coin money, to regulate trade, to declare war, to maintain a postal service, and to maintain an army and a navy. These powers are given to the government in Article I section 8 of the Constitution. These powers are given to Congress and are also referred to as enumerated powers.

Powers denied to the federal government- they can not tax exports, or pass laws favoring one state over another.

Reserved Powers These are powers given to the state

governments by the 10th Amendment. Some of these powers are, to establish schools, conduct elections, and to establish local governments.

Powers denied to the states- they can not make treatys, coin money, or have an army.

Concurrent Powers these are powers that are shared by the

federal government, and by the state governments. Some of these powers are, income taxes, building roads, establishing courts, law enforcement, and prisons.

Implied Powers Implied Powers- these are powers of

Congress that are not found in the Constitution. This is also called the Elastic clause. (Air Force)

Constitutional Protection of Civil Liberties

rights and freedoms found in the Bill of Rights

The bill of rights are the first 10 Amendments to the Constitution.

Other Rights Writ of Habeas Corpus- you must be charged with a

crime within 48 hours or you must be released. Bill of Attainder- you can not be imprisioned without a

trial. Ex Post Facto- no law can be retroactive (after the

fact), if it was not illegal at the time of the crime then you can not be charged.

Due Process- the government must follow certain rules and procedures to insure your rights.

Individual Rights- are found in the Bill of Rights. Limits on civil liberties- must be done in Federal

Courts.

Our Constitution Divided into 7 Articles

There are 27 Amendments, the first 10 are known as the Bill of Rights.

7 ArticlesArticle I - Powers to the Legislative BranchArticle II - Powers to the Executive BranchArticle III -Powers to the Supreme CourtArticle IV - Full Faith And CreditArticle V - Amending the ConstitutionArticle VI - Supremacy ClauseArticle VII - How to Ratify

The Amendment process There are 2 ways to propose an

Amendment. The first involves Congress, you need a 2/3 vote in both houses. The second involves the states. 2/3 of the State Legislatures can pass an Amendment. Finally it must be ratified by three-quarters of the States. The only method we have ever used is the Congressional method

Interpreting the Constitution Is the responsibility of the Supreme

Court and the other Federal Courts. They deal with the Constitutionality of the laws. The Supreme court can review and over turn a past decision (Ex. Plessy v. Furgeson (1896). This was over turned by Brown v. The Board of Education in 1954, this dealt with segregation in public schools.