the constitution & federalism

The ConstitutionThe Constitution&&

FederalismFederalism

Chapter 3 - 4Chapter 3 - 4

Learning TargetLearning Target

Students will learn the basic principles Students will learn the basic principles of the Constitution & how the of the Constitution & how the Constitution can be changed.Constitution can be changed.

6 Basic Principals of the 6 Basic Principals of the ConstitutionConstitution

1.1. Popular Sovereignty Popular Sovereignty idea that people hold the power in idea that people hold the power in our government.our government.

2. Limited Gov’t 2. Limited Gov’t gov’t possesses only the powers gov’t possesses only the powers the people give it. the people give it.

3. Separation of Power3. Separation of Powerestablished 3 separate branches established 3 separate branches of govt that share our govt power.of govt that share our govt power.

6 Basic Principals of the 6 Basic Principals of the ConstitutionConstitution

4. 4. Checks and Balances Checks and Balances none of the 3 branches can become none of the 3 branches can become too powerful. too powerful.

5. Judicial Review 5. Judicial Review power to interpret the Cont. Courts power to interpret the Cont. Courts have the power to declare have the power to declare something “unconstitutional”something “unconstitutional”

6. Federalism 6. Federalism divided the power between the divided the power between the central government & the States.central government & the States.

Changing the ConstitutionChanging the Constitution1. Amendment1. Amendment

change to the written words of the change to the written words of the Const.Const.

2. Ratification2. Ratification

act of approving a proposed act of approving a proposed amendmentamendment

3. Informal Change3. Informal Change

a change that has not altered the a change that has not altered the actual words of the Const.actual words of the Const.

Changing the ConstitutionChanging the Constitution

3a. Congress3a. Congress Passed laws that fill details about the specific ways Passed laws that fill details about the specific ways

the gov’t operates. the gov’t operates. Passed thousands of laws that explain certain parts Passed thousands of laws that explain certain parts

of the Constitutionof the Constitution..3b. Presidents3b. Presidents Declared war w/o Congress consent.Declared war w/o Congress consent.

3c. US Supreme Court3c. US Supreme Court

Changed the Const. by explaining Changed the Const. by explaining parts of it parts of it when ruling on caseswhen ruling on cases. .

--

Changing the ConstitutionChanging the Constitution

4. No 34. No 3rdrd term tradition term tradition

What had been an unwritten custom What had been an unwritten custom became a written part of the Const. became a written part of the Const. with the 22with the 22ndnd Amendment in 1951 Amendment in 1951

GW started & FDR ended no 3GW started & FDR ended no 3rdrd term term

Articles of the ConstitutionArticles of the Constitution

Section SubjectPreamble States the purpose of the Constitution

Article I Legislative branch

Article II Executive branch

Article III Judicial branch

Article IV Relations among the States and with the NationalGovernment

Article V Amending the Constitution

Article VI National debts, supremacy of national law, and oaths ofoffice

Article VII Ratifying the Constitution

1791 - Amendments 1-101791 - Amendments 1-10– Bill of RightsBill of Rights

1795 - Amendment 111795 - Amendment 11– States immune from certain lawsuitsStates immune from certain lawsuits

1804 - Amendment 121804 - Amendment 12– Changes in electoral college Changes in electoral college

proceduresprocedures 1865 - Amendment 131865 - Amendment 13

– Abolition of SlaveryAbolition of Slavery 1868 - Amendment 141868 - Amendment 14

– Citizenship, equal protection, and due processCitizenship, equal protection, and due process 1870 - Amendment 151870 - Amendment 15

– No denial of vote because of race, color or previous No denial of vote because of race, color or previous enslavementenslavement

The 27 AmendmentsThe 27 Amendments

1913 - Amendment 161913 - Amendment 16– Congress given the power to tax Congress given the power to tax

incomesincomes 1913 - Amendment 171913 - Amendment 17

– Popular election of U.S. Popular election of U.S. – SenatorsSenators

1919 - Amendment 181919 - Amendment 18– Prohibition of alcoholProhibition of alcohol

1920 - Amendment 191920 - Amendment 19– Women’s suffrageWomen’s suffrage

1933 - Amendment 201933 - Amendment 20– Change of dates for presidential and congressional termsChange of dates for presidential and congressional terms

1933 - Amendment 211933 - Amendment 21– Repeal of prohibition (Amendment 18)Repeal of prohibition (Amendment 18)


1951 - Amendment 221951 - Amendment 22– Limit on presidential termsLimit on presidential terms

1961 - Amendment 231961 - Amendment 23– District of Columbia allowed to vote in presidential District of Columbia allowed to vote in presidential

electionselections 1964 - Amendment 241964 - Amendment 24

– Ban of tax payment as voter qualificationBan of tax payment as voter qualification 1967 - Amendment 251967 - Amendment 25

– Presidential succession, vice presidential Presidential succession, vice presidential vacancy, and presidential disabilityvacancy, and presidential disability

1971 - Amendment 261971 - Amendment 26– Voting age changed to 18Voting age changed to 18

1992 - Amendment 271992 - Amendment 27– Congressional payCongressional pay


The U.S. Constitution is one of the most influential legal documents in existence. Since its creation some two hundred years ago, over one hundred countries around the world have used it as a model for their own.

The U.S. Constitution has 4,440 words. It is the oldest and the shortest written constitution of any government in the world.

Of the typographical errors in the Constitution, the misspelling of the word “Pensylvania” above the signers’ names is probably the most glaring

Thomas Jefferson did not sign the Constitution. He was in France during the Convention, where he served as the U.S. minister. John Adams was serving as the U.S. minister to Great Britain during the Constitutional Convention and did not attend either.

The oldest person to sign the Constitution was Benjamin Franklin (81). The youngest was Jonathan Dayton of New Jersey (26).

The word “democracy” does not appear once in the Constitution.

When the Constitution was signed, the United States’ population was 4 million. It is now more than 300 million. Philadelphia was the nation’s largest city, with 40,000 inhabitants.

It took one hundred days to actually “frame” the Constitution.

There was initially a question as to how to address the President. The Senate proposed that he be addressed as “His Highness the President of the United States of America and Protector of their Liberties.” Both the House of Representatives and the Senate compromised on the use of “President of the United States.”

VideoVideo

PreamblePreamble

http://youtu.be/0NVVjIriFeEhttp://youtu.be/0NVVjIriFeE

Bill of RightsBill of Rights

http://youtu.be/vmLosRzNRqAhttp://youtu.be/vmLosRzNRqA

http://youtu.be/fndm9kPEZhshttp://youtu.be/fndm9kPEZhs

http://youtu.be/pRTFk9Dc8Tghttp://youtu.be/pRTFk9Dc8Tg

VideoVideo

Rule of LawRule of Law

http://youtu.be/q0MTEm2a7PAhttp://youtu.be/q0MTEm2a7PA

Separation of PowersSeparation of Powers

http://youtu.be/Nnqk-yGzYYghttp://youtu.be/Nnqk-yGzYYg

Representative GovernmentRepresentative Government

http://youtu.be/bVD0bZ5H4MYhttp://youtu.be/bVD0bZ5H4MY

End of Day 1End of Day 1

Chapter 4Chapter 4

FederalismFederalism

Bell RingerBell Ringer

If college football changed the length If college football changed the length of each quarter, what would be the of each quarter, what would be the process ?process ?


Students will learn the 3 main types of Students will learn the 3 main types of delegated powers.delegated powers.

Powers of the National Gov’tPowers of the National Gov’t

1.1. Delegated powers Delegated powers

powers granted to the Nat’l Govt by powers granted to the Nat’l Govt by the Constitution.the Constitution.

2.2. There are 3 types of delegated There are 3 types of delegated powers:powers:

1.1. ExpressedExpressed

2.2. ImpliedImplied

3.3. InherentInherent

Expressed PowersExpressed Powers

1.1. Expressed Powers Expressed Powers

- powers delegated to the National - powers delegated to the National Gov’t Gov’t

- expressly spelled out in the - expressly spelled out in the ConstitutionConstitution

Implied PowersImplied Powers

1.1. Implied Powers Implied Powers

powers not stated in the Const but powers not stated in the Const but are are implied by the expressed implied by the expressed powers.powers.

- “The Necessary and Proper - “The Necessary and Proper Clause”Clause”

- “The Elastic Clause”- “The Elastic Clause”

- convenient & useful gov’t powers - convenient & useful gov’t powers

Inherent PowersInherent Powers

1.1. Inherent Powers Inherent Powers

Gov’t has historically possessed Gov’t has historically possessed powers.powers.

- regulate immigration- regulate immigration

- deport undocumented aliens - deport undocumented aliens

- acquire territory - acquire territory

- protect the nation from rebellion or - protect the nation from rebellion or other attempts to overthrow it.other attempts to overthrow it.

Powers Denied to the National Powers Denied to the National Gov’tGov’t

1.1. Levy duties on exportsLevy duties on exports

2.2. Prohibit freedom of religion, speech, Prohibit freedom of religion, speech, press, or assemblypress, or assembly

3.3. Conduct illegal searches and Conduct illegal searches and seizuresseizures

4.4. Deny any person a speedy & public Deny any person a speedy & public trial.trial.

Powers Reserved to the Powers Reserved to the StatesStates

1. Reserved Powers 1. Reserved Powers

- powers that are not given to the - powers that are not given to the National National Gov’t & powers the states may Gov’t & powers the states may have.have.

- decided how old people must be to - decided how old people must be to get get driver’s licensesdriver’s licenses

- forbid persons under 18 to marry - forbid persons under 18 to marry without parental consentwithout parental consent

- permit some forms of gambling- permit some forms of gambling

Powers Denied to the StatesPowers Denied to the States

Just as the Constitution denies the Just as the Constitution denies the National Gov’t powers, it also denies National Gov’t powers, it also denies many powers to the States.many powers to the States.

1. No state can enter into any treaty, 1. No state can enter into any treaty, alliance, or confederationalliance, or confederation

2. No State can print or coin money2. No State can print or coin money

3. No state can deprive any person of 3. No state can deprive any person of life, life, liberty, or property w/o due liberty, or property w/o due processprocess..

Assignment 1Assignment 1

Read Article I Section 8 of the Read Article I Section 8 of the Constitution in your Govt book Constitution in your Govt book

Find the clauses giving Congress Find the clauses giving Congress each of these powers: each of these powers:

1. coin money, 2. borrow money, 1. coin money, 2. borrow money,

3. declare war, 4. set up postal 3. declare war, 4. set up postal system, system,

5. collect taxes5. collect taxes


1. What was the 1. What was the mainmain problem the Framers problem the Framers had to solve at the Philadelphia Convention had to solve at the Philadelphia Convention of 1787? of 1787?

Using information in your text, list the Using information in your text, list the

different sides of this issue.different sides of this issue.

2. How did the Framers finally resolve the 2. How did the Framers finally resolve the problem you identified in step 1? problem you identified in step 1?

3.3.What were the advantages and What were the advantages and disadvantages of their decision?disadvantages of their decision?


1. What was the main problem the Framers 1. What was the main problem the Framers

had to solve at the Constitutional Conv?had to solve at the Constitutional Conv?

2. What was James Madison & Patrick Henry2. What was James Madison & Patrick Henry

argument over a strong national argument over a strong national government? government?

3. Describe the government system the 3. Describe the government system the Framers used to solve their problem. Framers used to solve their problem.

VideoVideo

Ronald Reagan gives power back to Ronald Reagan gives power back to statesstates

http://youtu.be/h8_G-mlKxTYhttp://youtu.be/h8_G-mlKxTY

End of Day 2End of Day 2


Why do fishing and hunting licenses Why do fishing and hunting licenses usually cost more for nonresidents of usually cost more for nonresidents of the state? the state?

Residents pay taxes to maintain these Residents pay taxes to maintain these resources, so their fees are lower resources, so their fees are lower than nonresidents’ fees.than nonresidents’ fees.


Students will learn powers granted to Students will learn powers granted to the National & State governments & the National & State governments & what powers are shared by both.what powers are shared by both.

Exclusive and Concurrent Exclusive and Concurrent PowersPowers

1. Exclusive powers 1. Exclusive powers - powers that can only be exercised by - powers that can only be exercised by the the National Gov’t alone.National Gov’t alone.

- Coin money, make treaties, or - Coin money, make treaties, or tax imports.tax imports.

2. Concurrent Powers - powers that 2. Concurrent Powers - powers that both the Nat’l Gov’t & States possess both the Nat’l Gov’t & States possess & exercise& exercise- Collect and levy taxes, define crimes - Collect and levy taxes, define crimes & & set punishments.set punishments.

Sharing ResponsibilitySharing Responsibility Some powers are exercised by both levels Some powers are exercised by both levels

of government, as you can see in the circle.of government, as you can see in the circle.– Why do both Why do both

levels of government levels of government have the power to establish have the power to establish law enforcement agencies?law enforcement agencies?

Federal / State PowersFederal / State Powers

The Supreme Law of the The Supreme Law of the LandLand

1. National & State law may conflict 1. National & State law may conflict with with each othereach other

2. Supremacy Clause2. Supremacy Clause- Joins the Nat’l Gov’t & the States - Joins the Nat’l Gov’t & the States into a single governmental unit into a single governmental unit (federal gov’t.)(federal gov’t.)

3.3. Constitution is the Constitution is the ““Supreme Law of the Land.”Supreme Law of the Land.”

Supreme LawSupreme Law• In the 1819 case In the 1819 case McCulloch McCulloch v. v. Maryland, Maryland, the the

Court ruled that when federal and State laws Court ruled that when federal and State laws conflict, the federal law wins if it is conflict, the federal law wins if it is constitutional.constitutional.

How does the How does the disastrous result disastrous result in this cartoon in this cartoon illustrate the illustrate the Supremacy Supremacy Clause?Clause?

The Nation’s Obligations to the The Nation’s Obligations to the StatesStates

1.1. Protect against invasionProtect against invasion2. Protect against internal disorder or 2. Protect against internal disorder or

domestic violence.domestic violence.3.3. Create new States Create new States

- states cannot be created from - states cannot be created from territory territory of another state without of another state without the permission the permission from that state’s from that state’s LegislatureLegislature..

Louisiana Becomes a StateLouisiana Becomes a State The Louisiana Territory was The Louisiana Territory was

bought by President bought by President Thomas Jefferson from Thomas Jefferson from France in 1803. This France in 1803. This purchase nearly doubled purchase nearly doubled the size of the United the size of the United States.States.

By 1810, 77,000 people By 1810, 77,000 people lived in the area of what is lived in the area of what is now the State of Louisiana now the State of Louisiana and they wished to acquire and they wished to acquire Statehood.Statehood.

In 1812, Louisiana became In 1812, Louisiana became the 18th State.the 18th State.

Territorial Expansion of the U.S.Territorial Expansion of the U.S.

Cooperative FederalismCooperative Federalism

1.1. The Nat’l Gov’t and States share of The Nat’l Gov’t and States share of federal tax money federal tax money - Grants- Grants

a. Categorical Grants - school lunches a. Categorical Grants - school lunches or construction of airports or or construction of airports or wastewater treatment plants.wastewater treatment plants.

b. Block Grants - health care, social b. Block Grants - health care, social service, or welfare.service, or welfare.

c. Project Grants - support scientists c. Project Grants - support scientists research on cancer, diabetes, research on cancer, diabetes,

etc.etc.

Types of Federal GrantsTypes of Federal Grants

State Aid to the National State Aid to the National Gov’tGov’t

The States and their local gov’t also The States and their local gov’t also aid the National Gov’t in many ways:aid the National Gov’t in many ways:

1.1. National elections financed National elections financed with State and local funds.with State and local funds.

2.2. Admit new citizens in State Admit new citizens in State courts courts

3.3. Cooperate with federal law Cooperate with federal law enforcement agencies.enforcement agencies.

Interstate RelationsInterstate Relations

Trouble among the States was a major reason for Trouble among the States was a major reason for the adoption of the Const.the adoption of the Const.

Several parts of the Const. deal with how the Several parts of the Const. deal with how the States interact with each other.States interact with each other.

1.1. States not allowed to make treaties with one States not allowed to make treaties with one anotheranother

2.2. Interstate compacts Interstate compacts

- agreements in response to shared - agreements in response to shared problems with one another.problems with one another.


3. 3. Full Faith and Credit ClauseFull Faith and Credit Clause

- each st must honor the laws, records, - each st must honor the laws, records, court decisions of every other stcourt decisions of every other st

4. Privileges and Immunities Clause4. Privileges and Immunities Clause

- no State may discriminate against a - no State may discriminate against a person who lives in another State.person who lives in another State.

- states must recognize the right of any - states must recognize the right of any American to travel in, do business American to travel in, do business

in, in, or become a resident of that State.or become a resident of that State.

Full Faith and CreditFull Faith and Credit

The The Full Faith and Full Faith and Credit ClauseCredit Clause of the of the Constitution requires Constitution requires each State to honor each State to honor and enforce the laws, and enforce the laws, official documents, official documents, and court rulings of and court rulings of other States. other States. – Documents issued in Documents issued in

one State—such as birth one State—such as birth certificates—must be certificates—must be accepted in all States.accepted in all States.


4.4. Privileges and Immunities ClausePrivileges and Immunities Clause

- State may draw reasonable - State may draw reasonable distinctions distinctions between its own between its own residents and those of residents and those of other other States.States.

Ex …A state may require that a Ex …A state may require that a person live within its boundaries for person live within its boundaries for a period of time before they can a period of time before they can vote in National and State elections.vote in National and State elections.


5.5. Extradition ClauseExtradition Clause- a person accused of a crime in one - a person accused of a crime in one State is returned for trial to that State is returned for trial to that State by the police of another State.State by the police of another State.

** The Constitution’s provisions about ** The Constitution’s provisions about interstate relations strengthened the hand interstate relations strengthened the hand of the national Government. By doing so of the national Government. By doing so they lessened many of the frictions they lessened many of the frictions between the States.between the States.

End of Chapter !!End of Chapter !!


Why is it important for the states to Why is it important for the states to keep interstate relations ?keep interstate relations ?


Name 3 types of communication Name 3 types of communication betweenbetween

the states 1800s & 2012.the states 1800s & 2012.

FEMA VideoFEMA Video

Katrina – What Went WrongKatrina – What Went Wrong

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FEMA response to KatrinaFEMA response to Katrina

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Inside Hurricane KatrinaInside Hurricane Katrina

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the constitution & federalism

Documents

senators1919 amendment

amendments1913 amendment

amendments1951 amendment

process1870 amendment

tax incomes1913 amendment

govt power

limited govt govt

presidential succession