THE CONSTITUTION: A MORE PERFECT UNION UNIT 3: A BRAND NEW DAY WARM UP “If men were angels, no government would be necessary” - James Madison Directions: Answer the follow questions in your notebook. 1. In your own words, what is James Madison saying? 2. According to Madison, why are governments necessary? 3. Do you agree with Madison? Why or why not? VOCABULARY • • • • • • • • • • • Popular Sovereignty Legislative Branch Executive Branch Judicial Branch Judicial Review Checks and Balances Interstate Commerce Federalism Majority Rule Interest Groups Separation of Powers GOVERNMENT ON TWO LEVELS FEDERALISM • The U.S. Constitution creates a central government that deals with issues that affect the entire country. • Each state also has its own state government that only handles the affairs of the state. • The division of power between a central government and state governments is called federalism. • The federal government gets all of its power from the Constitution. • Federal power is divided among three branches of government, the executive, the judicial, and the THE SUPREMACY CLAUSE “This Constitution, and the laws of the United States which shall be made in pursuance thereof…shall be the supreme law of the land.” • Federal laws passed by Congress are superior to state laws. FEDERAL POWER • The Constitution gives most of the federal power to Congress, because they represent the citizens in their home states. • Expressed Powers – Actually states or expressed in the Constitution. • Implied Powers – Not expressly stated in the Constitution. • Necessary and Proper Clause – implied powers come from the necessary and proper clause that implies Congress may make any law necessary for carrying out its expressed powers. FEDERAL POWER IN ACTION • Sometimes Congress exercises powers it does not appear to have. • Louisiana Purchase – 1803 • Purchased land doubling the size of the U.S. from France • Civil Rights Act of 1964 • Congress wanted to prohibit racial discrimination in America, but they do not have the expressed power to do so. • Congress has the power to control interstate commerce and since almost everything has to do with interstate commerce Congress used this link to create the law. • Finding these links is how Congress takes many actions that, at first, appear to be beyond its power. FEDERALISM TODAY • Does the federal government have the power to… • Pass laws about guns? • Health care? • Schools? IF NOT FEDERALISM, THEN WHAT? Federalism • A federal government splits power between independent states and a central government. • The power rests in both places, and each gets its authority from a governing document. • The states and central government must work together and balance each other out, like a set of chairs around the table. IF NOT FEDERALISM, THEN WHAT? Federalism • A federal government splits power between independent states and a central government. • The power rests in both places, and each gets its authority from a governing document. • The states and central government must work together and balance each other out, like a set of chairs around the table. IF NOT FEDERALISM, THEN WHAT? Federalism • A federal government splits power between independent states and a central government. • The power rests in both places, and each gets its authority from a governing document. • The states and central government must work together and balance each other out, like a set of chairs around the table. IF NOT FEDERALISM, THEN WHAT? Confederation • Association of independent states. Power rests in each individual state, whose representatives meet to address the needs of the group. • A confederation of states is like a bunch of different chairs grouped together. They hold power independently, but work collectively. IF NOT FEDERALISM, THEN WHAT? Confederation Strength of Weakness • Association of independent states. Power rests in each individual state, whose representatives meet to address the needs of the group. • Keeps the power of government at the local level. • States cooperate without losing their independence. • Central government may be too weak to be effective. • Laws may differ from state to state, no uniformity. • A confederation of states is like a bunch of different chairs grouped together. They hold power independently, but work collectively. IF NOT FEDERALISM, THEN WHAT? Unitary • All power rests in a central government. • Country may be divided into states or other sub-units, but they have no power of their own. • England depends on a Parliament to create and enforce their laws. The leader of the nation, the Prime Minister, is a member of Parliament and does not have any more power than its members. • A unitary government is like a big chair, with all of the governments power sitting in one place. IF NOT FEDERALISM, THEN WHAT? Unitary Strength of Weakness • All of the power rests in a central government. • Country may be divided into states or other sub-units, but they have no power of their own. • England depends on a Parliament to create and enforce their laws. The leader of the nation, the Prime Minister, is a member of Parliament and does not have any more power than its members. • Uniform laws, policies and enforcement across the country. • Little conflict between state and national governments. • Government may be slow to meet local problems. • Difficult to meet all the needs of its citizens. • A unitary government is like a big chair, with all of the governments power sitting in one place. DIRECTIONS Window Row Middle Row Door Row • You and your partner will read one of the following sections: • Section 3 • Section 4 • Section 5 DIRECTIONS 1. Working with your partner, read your assigned section. Complete the Reading Notes in your notebook for that section. 2. Repeat Steps 1 to 4 until you have completed the reading notes and the questions for Sections 3 to 5. 3. If you finish all 3 sections before the rest of the class, you should define your vocabulary words or work on the vocabulary crossword puzzle. THE CONSTITUTION Window Row Middle Row Door Row • Now we will work on Sections 6 to 8. You and your partner will read one of the following scenarios. • Section 6 • Section 7 • Section 8 DIRECTIONS 1. Working with your partner, read your assigned section. Complete the Reading Notes in your notebook for that section. 2. Repeat Steps 1 to 4 until you have completed the reading notes and the questions for Sections 3 to 5. 3. If you finish all 3 sections before the rest of the class, you should define your vocabulary words or work on the vocabulary crossword puzzle. CONSTITUTIONAL BAR EXAM • Work with your partner to complete the processing assignment. Follow all of the directions.