Quick Quiz
1. Why is the Constitution considered a living and breathing
document?
2. List and explain the six principles of American government?
3. What are the purposes of the government outlined in the
Preamble?
4. List and explain the 7 Articles of the Constitution.
5. How many total amendments have been made to the
Constitution? What are the first 10 called?
6. Which amendments deal with voting rights?
7. Which amendments were a result of the Civil War?
8. List and explain the Bill of Rights.
9. Who introduced the idea of separation of powers and checks
and balances? What was the name of this literary work?
10. Draw the diagram explaining the checks and balances system.
Landmark Court Cases
• What exactly is a landmark court case?
• Marbury v. Madison
-Background:
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In 1801, President John Adams (federalist) lost his bid for reelection to Jefferson (Democratic- Republican)
In addition the federalists also lost their majority in Congress
Before Adams lost office, he persuaded Congress to pass the
Judiciary Act of 1801, which gave him the power to appoint
new federal judges.
In the waning hours of his presidency, Adams appointed 39
“Midnight Judges” that would support the Federalists against
the Democratic Republicans.
36 of the 39 got their commissions to serve in the courts,
one of those who didn’t was William Marbury.
Marbury v. Madison (cont.)
• Marbury then asked the Supreme Court for a writ of
mandamus against James Madison, who was Jefferson’s
secretary of state.
• The Court’s Ruling
-Chief Justice John Marshall ruled that a section of the
Judiciary Act of 1789 was unconstitutional.
-Marshall argued that the Judiciary Act of 1789 was in direct conflict
with the Constitution and was therefore void.
-This ruling set a precedent.
*a precedent is legal decision that serves as a guide for similar cases
in the future.*
Marbury v. Madison (cont.)
• What was the precedent that the ruling in
Marbury v. Madison set?
• Marshall’s ruling set the precedent of Judicial
Review.
*Judicial Review is the power of the Court to overturn laws
that it has determined to be unconstitutional*
• Marshall determined that the Constitution is the
“supreme law of the land” and that the Supreme Court
has the final say over what is, and what is not, in
accordance with the Constitution.
Judicial Review
• The power of Judicial Review plays an important
part in the system of checks and balances.
*this power serves as the judicial check against both
legislative and executive branches*
• Since the Marbury ruling, thousands of cases
have been tried on the issue of Judicial Review.
-In most of these cases, the actions of the government are
found to be constitutional.
-However, over 150 Supreme Court cases have found an
act of Congress to be unconstitutional.
Review (Copy the Question)
• Explain the Importance of each individual:
a. John Adams
b. Thomas Jefferson
c. James Madison
d. William Marbury
e. John Marshall
• Explain the situation of the “Midnight Judges”.
• Explain the ruling in Marbury v. Madison
• Explain how this ruling set a precedent, and what this term
means.
• What is Judicial Review?
• How does Judicial Review play a part in the system of
checks and balances?
Federalism-National Government
The division of power among a central government and
several lesser governments.
• Powers of the National Government:
-Our National Government is a government of delegated
powers – our government only has the powers delegated
to it in the Constitution.
• What are the 3 forms of delegated powers?
1. Expressed (aka enumerated)
2. Implied
3. Inherent
Federalism-National Government
1. Expressed (enumerated) powers.
-Powers of the national government that are
expressed in the Constitution.
• Congressional expressed powers: create and collect
taxes, regulate trade, raise and maintain an army,
declare war, and many more.
• Executive expressed powers: President acts as
commander and chief, grant pardons, make treaties,
appoint major federal officials.
• Judicial expressed powers: Supreme Court and other
courts have the judicial power of the United States.
Federalism-National Government
2. Implied Powers
Powers of the national government that are not expressly
stated in Constitution but are reasonably implied by the
expressed powers.
The Necessary and Proper Clause: Congress has the power to “make
all laws which shall be necessary and proper for carrying into Execution the
foregoing Powers and all other Powers vested by this Constitution in the
Government of the United States, or in any Department therof.”
- The Necessary and Proper Clause has become known as
the Elastic Clause. Why?
- There are now thousands of Implied Powers of the
National Government
Federalism-National Government
3. Inherent Powers
Powers that are not expressed by the Constitution
but are needed for a national government of a
sovereign nation to possess.
- The Framers undoubtedly wanted the National Government they
created to hold these powers.
There are only a few Inherent Powers:
• Regulate Immigration
• Deport undocumented aliens
• Acquire territory
• Grant diplomatic recognition to other countries.
• Protect the nation against rebellion
Federalism-National Government
Powers Denied to the National Government
The Constitution denies the National Government
certain powers in three distinct ways:
1. Expressly- The Constitution states that the Natl Govt does not have the
power to levy taxes on exports; prohibit first amendment rights;
conduct illegal searches or seizures; deny anyone accused of a crime a
speedy trial by jury.
2. Non-Delegated- The Constitution makes no mention of these powers,
therefore the National Government does not have the delegated
power to accomplish tasks such as a national public school system,
create uniform marriage or divorce laws.
3. Federal System Limitations- The Constitution does not intend the
National Government to have any power that would threaten the
existence of the Federal System (i.e. Congress cannot tax state or local
units in the carrying out of their governmental functions).
Federalism-State Government
• The 50 states play just an integral role in the
system of federalism as the national government
does.
Powers Reserved to the States
-Reserved Powers- Powers that the Constitution does NOT
grant to the National Government and does not, at the
same time, deny to the states.
-The reserved powers include the vitally important police
power- States can protect and promote the public health,
morals, safety, and the general welfare
-Most of what the government does in this country is done
by the States and Local governments, not the National
Government.
Federalism-State Government
• Examples of Reserved Powers:
-Regulate Trade within the state
-Establish Public Schools
-Regulate alcoholic beverages
-Conduct elections
-Establish local governments
• The States may do these things because of two
reasons:
1. The Constitution does not give the National
Government the power to take these actions.
2. The Constitution does not deny the states the
power to take these actions.
Federalism-State Government
Powers Denied to the States:
• No State may enter into treaty, alliance, or
confederation.
• Cannot print or coin money
• Deprive any person of life, liberty, or property without
due process of law.
• Cannot tax any of the agencies or functions of the
National Government
*States are also denied powers by their own State
Constitutions*
Federalism-State Government
Exclusive and Concurrent Powers
• Exclusive Powers- Powers that can be executed by
the National Government alone.
Ex: coin money, make treaties, levy taxes on imports.
• Concurrent Powers- Powers that both the National
Government and the States possess and exercise.
• Ex: levy taxes and collect taxes, define crimes and
punishments, take private property for public use.
*Concurrent powers make it possible for a federal
system of government to function*
The Supremacy Clause
The Constitution and the laws and treaties of the
United States are the Supreme Law of the Land.
“This Constitution, and the Laws of the United States which shall be
made in pursuance thereof; and all Treaties made, or which shall be
made, under the Authority of the United States shall be the supreme
Laws of the Land; and the judges in every state shall be bound thereby,
and thing in the Constitution or Laws of the country notwithstanding.”
• The Constitution stands above all other forms of law in
the United States- Acts of Congress and treaties are
immediately beneath the Constitution.
McCulloch v. Maryland
Background:
-The Second Bank of the United States was extremely
controversial.
-Maryland Legislature hated the Bank and tried to pass a
tax that would place a tax on all notes issued by its
Baltimore branch, essentially crippling it.
-McCulloch, who was a cashier at the Bank, refused to pay
the Maryland tax since it was a National Bank.
Ruling:
- Using the Supremacy Clause, John Marshall ruled that
the Maryland Law was unconstitutional because the
States cannot place a tax on the National Government.
- “The power to tax is the power to destroy”