UNIT 3
THE UNITED STATES CONSTITUTION AND FEDERALISM
THE UNITED STATES CONSTITUTION
AND FEDERALISM
• Section 1: Basic Principles
2. Limited
Government
1. Popular
Sovereignty
3.
Separation
of Powers
5 Basic Principles of the
Constitution
4. Checks
and
Balances
5.
Federalism
5 Basic Principles of the
Constitution
5 BASIC PRINCIPLES EXPLAINED
• 1. Popular Sovereignty
• Government’s authority comes from the people
• 2. Limited Government
• 3. Separation of Powers/Sharing
• Article I: legislative branch
• Article II: executive branch
• Article III: judicial branch
• *All branches have separate powers
of Powers
4. CHECKS AND BALANCES
Powers
Legislative 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”
Executive Branch 1. Approves or vetoes
laws
2. Carries out laws
3. appoints federal court
judges, ambassadors,
and other high-level
officials
4. Negotiates treaties
Judicial Branch
Checks on Powers
1. President’s power to veto legislation passed
by Congress
2. Supreme Court’s power to rule that laws are
unconstitutional
1.
2.
3.
4.
5.
Congress’s ability to override the president’s
veto by a 2/3 vote
Congress’s power to approve spending by the
federal gov
Senate’s power to approve presidential
appointments to top gov jobs
Senate’s authroity to approve all treaties
Congress’s power to impeach the president
Interprets the meaning 1. Congress’s power to propose an amendment
of laws
to the Constitution if the Supreme Court rules
2. Judicial review
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
1.
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) #1
#3
2. National
Convention called by
Congress at the
request of 2/3 of state
legislatures (never
B. Special
conventions in ¾ of
the state (1 ratified
this way—21st
#2
amendment)
#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 money
Collect national
taxes
Borrow money
Executive
Branch (Article
II)
Judicial Branch
(Article III)
Command armed
forces
Rule on cases
involving the US
gov, foreign
officials in the US,
and disputes
among the states
Direct relations
with gov of other
countries
Decide cases
concerning the
Constitution,
federal laws, and
treaties
Pay gov. debts
Declaring war
Raising and
maintaining armed
forced
Regulate trade
among the states
and foreign govs
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 GOVERNMENT
Federal Government
Powers
1. Regulate interstate
and foreign trade
2. Coin an print
money
3. Post offices
4. Raise and support
armed forces
5. Declare war and
make peace
6. Govern US territories
and admit new states
7. Pass laws regulating
immigration
8. Make all laws
“necessary and
proper” to carry out its
powers
Shared
(Concurrent
Powers)
1. Collect taxes
2. Borrow money
3. Establish courts
4. Charter banks
5. Make and
enforce laws
6. Provide for the
health and welfare
of the people
State (Reserved)
Powers
1. Regulate trade
within the state
2. Establish local
governments
3. Conduct elections
4. Determine
qualifications of voters
5. Establish and
support public schools
6. Pass laws regulating
businesses within state
borders
7. Make civil and
criminal laws
8. 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