T H E U N I T E D S TAT E S C O N S T I T U T I O N A N D F E D E R A L I S M

UNIT 3

THE UNITED STATES CONSTITUTION AND FEDERALISM

• Section 1: Basic Principles

5 Basic Principles of the Constitution

3. Separation of Powers

2. Limited Government

1. Popular Sovereignty

5 Basic Principles of the Constitution

5. Federalism

4. Checks and

Balances

5 BASIC PRINCIPLES EXPLAINED

• 1. Popular Sovereignty• Government’s authority comes from the people

• 2. Limited Government

• 3. Separation of Powers/Sharing of Powers

• Article I: legislative branch• Article II: executive branch• Article III: judicial branch• *All branches have separate powers

4. CHECKS AND BALANCES  Powers Checks on PowersLegislative Branch 1. Makes laws

2. Can override presidential veto of bill with 2/3 vote

3. Approves appointments to top gov. jobs

4. Holds the “power of the purse”

1. President’s power to veto legislation passed by Congress

2. Supreme Court’s power to rule that laws are unconstitutional

 

Executive Branch 1. Approves or vetoes laws

2. Carries out laws3. appoints federal court

judges, ambassadors, and other high-level officials

4. Negotiates treaties 

1. Congress’s ability to override the president’s veto by a 2/3 vote

2. Congress’s power to approve spending by the federal gov

3. Senate’s power to approve presidential appointments to top gov jobs

4. Senate’s authroity to approve all treaties5. Congress’s power to impeach the president

Judicial Branch 1. Interprets the meaning of laws

2. Judicial review

1. Congress’s power to propose an amendment to the Constitution if the Supreme Court rules that a law is unconstitutional

2. Senate’s authority to refuse to approve the appointments to federal court

3. Congress’s power to impeach a federal judge

5. FEDERALISM

•Power divided between national gov and state and local govs.

THE UNITED STATES CONSTITUTION AND FEDERALISM

• Section 2: Amending the Constitution

CONSTITUTION HAS BEEN AROUND FOR OVER 200 YEARS. FRAMERS KNEW THEY NEEDED TO

INCLUDE A WAY TO CHANGE IT AS TIMES CHANGE

AMEND:

•Make minor changes in (a text) in order to make it fairer, more accurate, or more up-to-date.

•Modify formally, as a legal document or legislative bill.

RATIFY:

•To pass

4 WAYS TO AMEND THE CONSTITUTION

Propose an amendment

Ratifying an Amendment

1. 2/3 of both houses of Congress (all 27 proposed this way)

A. Legislatures in ¾ of states (26 ratified this way)

2. National Convention called by Congress at the request of 2/3 of state legislatures (never done)

B. Special conventions in ¾ of the state (1 ratified this way—21st amendment)

#1

#2

#3

#4

THE 27 AMENDMENTS

• Bill of Rights 1-10: Protect individual freedoms• 13th, 14th, 15th: expand voting and other rights to groups• 17th: direct election of Senators• 19th: women’s suffrage• 16th: national income tax• 18th: Prohibition

THE UNITED STATES CONSTITUTION AND FEDERALISM

• Section 3: A Flexible Document

THE CONSTITUTION IS A “LIVING DOCUMENT” BECAUSE IT IS FLEXIBLE AND

CHANGES WITH THE TIMES!

1. Gov. actions• A. Court decisions• B. Congressional legislation• C. Executive actions•  

2. Political actions• A. Important role in elections• B. Organize daily operations of Congress•  

3. Custom and tradition• A. Strongly influence how gov. carries out its functions

THE UNITED STATES CONSTITUTION AND FEDERALISM

• Section 4: Federalism

POWERS OF THE FEDERAL GOVERNMENT—3 TYPES

1. EXPRESSED POWERS—SPECIFICALLY STATED IN THE CONSTITUTION

Legislative Branch (Article

I, Section 8)

Issuing moneyCollect national

taxesBorrow money

Pay gov. debts

Declaring war

Raising and maintaining

armed forced

Regulate trade among the states and foreign govs

Executive Branch (Article

II)

Command armed forces

Direct relations with gov of other

countries

Judicial Branch (Article III)

Rule on cases involving the US

gov, foreign officials in the US,

and disputes among the states

Decide cases concerning the Constitution,

federal laws, and treaties

2. IMPLIED POWERS

•Article I, Section 8—“Congress has the power to make all laws which shall be necessary and proper to exercise its other powers”

•Known as “ELASTIC CLAUSE”

3. INHERENT POWERS

•Inherent powers—naturally belong to the gov•Most relate to foreign affairs

POWERS OF FEDERAL AND STATE GOVERNMENTFederal Government Powers

1. Regulate interstate and foreign trade2. Coin an print money3. Post offices4. Raise and support armed forces5. Declare war and make peace6. Govern US territories and admit new states7. Pass laws regulating immigration8. Make all laws “necessary and proper” to carry out its powers

Shared (Concurrent Powers)

1. Collect taxes2. Borrow money3. Establish courts4. Charter banks5. Make and enforce laws6. Provide for the health and welfare of the people

State (Reserved) Powers

1. Regulate trade within the state2. Establish local governments3. Conduct elections4. Determine qualifications of voters5. Establish and support public schools6. Pass laws regulating businesses within state borders7. Make civil and criminal laws8. Pass license requirements for professionals

LIMITS ON FEDERAL AND STATE POWERS

• Powers Denied to the Federal Government• Tax imports• Pass laws favoring one state over another• Spend money unless authorized by federal law

• Powers Denied to the States• Issue its own money• Make a treaty with a foreign gov• Go to war

• Powers Denied to Both Levels• Deny people certain rights, such as trial by jury• Grant titles of nobility

RESPONSIBILITIES

• Federal• Make sure states have rep gov• Protect states from violent actions• Respect states’ territories

• State• Set district boundaries for Congress• Set up rules for electing members of Congress• Maintain National Guard