[ 3.1 ] An Overview of the Constitution [ 3.1 ] An Overview of the Constitution

Key Terms

• popular sovereignty - is the idea that the people are the source of

all power held by the government.

• constitutionalism - Government officials are subject to the rule of

law.

• rule of law—Government must always obey the law and are never

above it.

• separation of powers - establishes three separate parts, or

branches, that share the government’s power. These branches are

the executive, the legislative, and the judicial.

[ 3.1 ] An Overview of the Constitution

Key Terms

• checks and balances - system of overlapping the powers of the legislative,

executive, and judicial branches to permit each branch to check the

actions of the others

• judicial review - the power of courts to decide what the Constitution

means

• unconstitutional - contrary to constitutional provision and so illegal, null

and void, of no force and effect

• federalism - a system of government in which a written constitu- tion

divides power between a central, or national, government and several

regional governments like States

[ 3.1 ] An Overview of the Constitution

An Outline of the U.S. Constitution

• A little more than 7,000 words

• The Constitution is made up of a Preamble and seven Articles and twenty seven Amendments

[ 3.1 ] An Overview of the Constitution

The Preamble

• We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

An Outline of the U.S. Constitution

[ 3.1 ] An Overview of the Constitution

[ 3.1 ] An Overview of the Constitution

Six Basic Principles of the Constitution

• Popular Sovereignty

• Limited Government

• Separation of Powers

• Check and Balances

• Judicial Review

• Federalism

[ 3.1 ] An Overview of the Constitution

Six Basic Principles of the Constitution

[ 3.2 ] Amending the Constitution [ 3.2 ] Amending the Constitution

Key Terms

• amendment - a change in or addition to a constitution or law

• formal amendment - change or addition that becomes part of the

written language of the Constitution itself through one of four

methods set forth in the Constitution

• informal amendment - Informal Amendment - Changes to the

government that don’t involve re-writing the Constitution

[ 3.2 ] Amending the Constitution

Article V - Formal Amendment Process

The Constitution of the United States has now been in force for more than 200 years—longer than the written constitution of any other nation in the world.

Article V - Formal Amendment Process

[ 3.2 ] Amending the Constitution

to the US Constitution

Congress

or

by 2/3 of vote in both the House & Senate

National Convention

called by 2/3 (34) of the state legislatures

State Legislatures

Ratified by 3/4 (38) of the state legislatures

State Conventions

Ratified by 3/4 (38) of state conventions

1st Method

4th Method

or

2nd Method

3rd M

ethod

Article V - Formal Amendment Process

[ 3.2 ] Amending the Constitution

• First Method has been used to create 26 of the 27 Amendments

• Second Method has only been used one to create the 21st Amendment

• Neither the Third or Fourth Method have ever been used to amend the US Constitution

Change by Other Means

• Types of Informal Amendments

• Basic Legislation - Congress has helped define the Constitution by creating laws that help the government operate.

• Executive Action - The use of Executive Agreements & Orders as well as Treaties have allowed Presidents to exercise their power

[ 3.2 ] Amending the Constitution

Change by Other Means

• Types of Informal Amendments (cont)

• Court Decisions - Landmark cases set precedent for future interpretation of all

• Other factors that alter our use of the Constitution are Party Practices and Customs that develop over time

[ 3.2 ] Amending the Constitution

Article VI - National Government Supremacy

[ 3.2 ] Amending the Constitution

• National Government laws out rank State and Local laws

• Establishing an Oath of Office for Public officials

Article VII - Ratification

• Outlines the process to formally approve the US Constitution

[ 3.3 ] Federalism: Powers Divided[ 3.3 ] Federalism: Powers Divided

Key Terms

• division of powers - basic principle of federalism; the constitutional provisions by which governmental powers are divided on a geo- graphic basis (in the United States, between the National Government and the States)

• delegated powers - those powers, expressed, implied, or inherent, granted to the National Government by the Constitution

• expressed powers - those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called the “enumerated powers”

• implied powers - those delegated powers of the National Government that are suggested by the expressed powers set out in the Constitution; those “necessary and proper” to carry out the expressed powers

[ 3.3 ] Federalism: Powers Divided

Key Terms

• inherent powers - powers the Constitution is presumed to have

delegated to the National Government because it is the government

of a sovereign state within the world community

• reserved powers - those powers that the Constitution does not grant

to the National Government and does not deny to the States

• exclusive powers - those powers that can be exercised by the National Government alone

• concurrent powers - those powers that both the National Government and the States possess and exercise

[ 3.3 ] Federalism: Powers Divided

What Is Federalism?

Federalism is a system of government in which a written constitution divides the powers of government on a territorial basis, between a central government and several regional governments, usually called states or provinces.

Each of those basic levels of government has its own set of powers.

Neither level, acting alone, can change the basic division of powers the Constitution has created.

[ 3.3 ] Federalism: Powers Divided

Three Types of Federal Powers

The National Government is a government of delegated powers. That is, that government has only those powers delegated (granted) to it in the Constitution.

There are three distinct types of delegated powers: expressed, implied, and inherent.

[ 3.3 ] Federalism: Powers Divided

Powers Denied to the Federal Government

Although the Constitution delegates certain powers to the National Government, it also denies certain powers to that level of government in order to keep federalism intact.

It does so in three distinct ways.

- Expressly Denied Powers - Omitted Powers / Silence - Powers Reserved for the States

[ 3.3 ] Federalism: Powers Divided

The Constitution Reigns Supreme

The division of powers in the American federal system produces a dual system of government, one in which two basic levels of government operate over the same territory and the same people at the same time.

Article VI’s Supremacy Clause establishes that when a conflict occurs that the National Government law will be followed over a state’s law.

[ 3.4 ] The National Government and the States

[ 3.4 ] The National Government and the States

Key Terms

• enabling act - a congressional act directing the people of a United

States territory to frame a proposed State constitution as a step

toward admission to the Union

• act of admission - a congressional act admitting a new State to the

Union

• grants-in-aid programs - grants of federal money or other resources to States, cities, counties, and other local units

• categorical grants - one type of federal grants-in-aid; made for some

specific, closely defined purpose

[ 3.4 ] The National Government and the States

Key Terms

• block grants - one type of federal grants-in-aid for some particular

but broadly define area of public policy

• project grants - one type of federal grants-in-aid; made for specific

projects to States, localities, and private agencies who apply for

them

• interstate compacts - formal agreement entered into with the

consent of Congress, between or among States, or between a State and a foreign state

• extradition - the legal process by which a fugitive from justice in

one State is returned to that State

[ 3.4 ] The National Government and the States

The Nation’s Obligations Under the Constitution

• The National Government must provide the following to each state…

• A republican (Representative) Form of Government

• Making War (Defending from Invasion/ Protecting national interests) and Keeping Peace (Helping quell domestic violence, responding to a natural disaster)

• Respect for Territorial Integrity of each state

[ 3.4 ] The National Government and the States

Admitting New States

• Only Congress has the power to admit new states to the union. The only restriction is that they cannot create a new state out of an existing state without that state’s consent.

[ 3.4 ] The National Government and the States

Admitting New States• Admission Procedure

• A territory must ask Congress to become a state

• Congress then must pass an Enabling Act requesting that the territory create a state constitution

• After the territory has created a constitution that has been approved by its people Congress must review it and then pass an Act of Admission

• Once the Act of Admission is signed by the President the territory officially becomes a state

Admitting New States

From 1776 to 1898, the U.S. acquired the land from which new States were eventually formed. Analyze Maps From which acquisition were the most States formed?

[ 3.4 ] The National Government and the States

States and Federal Government Sharing Resources

[ 3.4 ] The National Government and the States [ 3.4 ] The National Government and the States

States and Federal Government Sharing Resources

• Other Forms of Federal Aid include sharing non monetary resources such as research data, law enforcement equipment and training services.

• State’s also provide aid to the National Government in the form of paying for and running elections for national government offices, and providing use of state services for national government programs (example Naturalization of new American citizens)

[ 3.4 ] The National Government and the States

Agreements Among States

• Article IV of the Constitution was designed to reduce interstate friction by regulating the relationship each state has with the others.

• The Constitution prohibits states from entering into treaties, alliances or confirmations with other nations but it does allow state to form Interstate Compacts or agreements between various states.

[ 3.4 ] The National Government and the States

How the Law Crosses State Lines

In Article IV, Section 1, the Constitution commands that: “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”

There are two exception to the Full Faith & Credit Clause

- This applies to only Civil Law, state are not required to enforce other state Criminal Laws.

- States do not have to recognize divorces from another state if that person was not an official resident of the state that granted it.

Extradition

James Earl Ray assassinated Martin Luther King, Jr., in June of 1968. Less than two months later, he was caught in England with a fake Canadian passport and extradited to the United States.

[ 3.4 ] The National Government and the States

Privileges and Immunities

• Unreasonable Distinctions - States cannot prevent a citizen from using their courts, make contracts, buy, own, rent or sell property and to marry within its borders.

• Reasonable Distinctions - States can set residency requirements for professional licenses and state citizenship.

Privileges and Immunities

The Privileges and Immunity Clause of the 14th Amendment gives Congress the power to protect the rights of citizens, including those who live or own property in multiple States.