Combination of presentations on the US Constitution and Federalism

2.  The Constitution is
the United States‟
fundamental law
 It is also “the
supreme Law of the
Land” meaning it is
the highest form of
law in the United
States.

3.  It sets out the basic
principles upon which
government in the US
was built and operates
today.
 Length/Size of:
 Relatively brief
document
 7000 words
 6 pages long

4.  Constitution is broken
into (3) parts:
1. The Preamble
2. 7 numbered sections
called Articles
3. The 27 Amendments

5.  Article I
 Legislative Branch
 Article II
 Executive Branch
 Article III
 Judicial Branch
 Article IV
 State Relationship

6.  This part of the
Constitution
deals with:
How formal
amendments
may be added.

7.  This part of the
Constitution
states:
The Constitution
is the nation‟s
supreme law.
Oath of office

8.  This part of the
Constitution
deals with:
The ratification
of the
Constitution.

9.  In the US, all political
power resides in the
people and is the only
source for any and all
governmental power.
 Where does the
National Government
get its power?
People/States

10. Define
Constitutionalism
Government must
be conducted
according to
constitutional
principles

11. Legislative, exec
utive and judicial
powers are
distributed
(separated)
among 3 distinct
and independent
branches of the
government.

12.  Framer‟s purpose:
Limit the powers of government

14.  The (3) branches of Federal government
are tied together by a system of checks and
balances
 What does this mean?
 Each branch can “check” the power of
another

16.  Power divided
between the
legislative and
executive branch
between the 2 major
parties.
 Impact on
government:
 NOTHING gets
done.

17.  Power of the courts to
determine whether
what government does
is in accord with what
the Constitution
provides.
 Definition:
 Power to declare a
government action
illegal, null and
void.

18.  Framers wanted
a stronger
central
government.
 And also wanted
to keep the
concept of self-
government.

19.  The United States
Constitution has
been in force for
over 200
years, making it
the oldest written
constitution in the
world.

20.  Big difference is that the US is not the
same country as it was in 1789.
 Population over 300 million
 50 States
 World leader

21. 1. 1st Method: Proposal by
Congress, ratification by state legislatures
(used 26/27)

22.  2nd Method: Proposal
by
Congress, ratification
by state conventions
(used once)
 21st Amendment:
Congress felt
conventions would
reflect people‟s
views better than
state legislatures.

23. 3rd Method: Proposal by convention of
states, ratification by state conventions
(never used)
4th Method: Proposal by convention of
states, ratification by state legislatures
(never used)

24.  More than 10,000 joint
resolutions have been
proposed to Congress
since 1789.
 Only 33 have been sent
to states.
 Failed Resolutions:
 Equal Rights Amendment
 Forbid abolishing slavery

25.  Change in Electoral College procedure: 1 vote
for President and 1 vote for Vice President
 Reason: Election of 1800 ended in a tie
between members of same political party.

26.  13th Amendment
 Abolish Slavery
 14th Amendment
Equal citizenship
and protection
under law
 15th Amendment
No denial of right
to vote based on
race
Civil War Amendments

27. 18th Amendment 26th Amendment
 Prohibition of
selling, manufacturin
g , transporting
alcohol.
 Minimum voting
age no higher
than 18.

28.  Many changes have been made in the
Constitution which have not inv0lved the
Amendment process.
 There are (5) ways this change can
happen.

29.  Congress has been a
major agent of
constitutional change in
two important ways:
1. passed laws to spell
out some of the
Constitution‟s brief
provisions
2. added to the
Constitution by the
way it has used many
of its powers

30. Judiciary Act of 1789 Presidential Succession
 Allows for
Congress to set
up lower federal
courts.
 Constitution says
Vice-President takes
over for President ;
but Congress
decides after that.

31.  The manner in which
various Presidents have
used their powers has
also contributed to the
growth of the
Constitution.
 Power to declare war:
 Congress has this power;
but every president has
used military without
Congressional
Declaration of War.

32.  Define: pact made by
the President directly
with the head of a
Foreign government.
 Treaty = agreement
with foreign country
approved by Congress.
 Executive agreements
are used more often:
 WHY? treaties are
more cumbersome.

33.  The nation‟s
courts interpret
and apply the
Constitution in
many cases they
hear.
 Marbury v.
Madison

34.  No mention of
political parties in the
Constitution; yet they
have been a major
source of
constitutional change.
 Most Framers were
opposed to political
parties, but they have
shaped the way are
government operates.

35.  Neither the Constitution nor law provided for
the nomination of a candidate for president.
 Electoral College
 Body that makes formal selection of President
 What role do parties play in Congress?
 Much of the business is organized and conducted
based on the political parties
 The President makes appointments with an eye
on party politics.

36.  Unwritten custom
may be as strong as
written law, and
many customs have
developed in our
governmental
system.
 There are many
examples of this…

37.  The Cabinet (advisory body to President) is made
up of the heads of the 15 executive departments
 Custom established the precedent that the vice-
president became president when there was a
death in the office – What ended this custom?
 The 25th Amendment
 Senatorial Courtesy
 President will ask senators from a state about a
presidential appointee from that state.
 Custom for Presidents to serve (2) terms:
 22nd Amendment

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

42.  The Constitution
provides for a
division of powers
between the National
Government and the
States .
 The 10th Amendment:
 Gives powers to
states not given to
Federal government
in Constitution.

43.  The major strength
of Federalism:
It allows local
actions in matters
of local concern
and national
action in matters
of wider concern.

44.  The National
Government is a
government of
delegated powers:
 powers granted to it
in the Constitution.
 There are (3)
distinct types:
1. Expressed
2. Implied
3. Inherent

45.  Expressed Powers (or
enumerated powers)
 Powers that are
spelled, expressly, out
in the Constitution.
 Collect taxes
 Regulate commerce
 Raise armed forces
 Declare war
 Fix standards/weights
Expressed Powers

46.  Powers not expressly stated, but are
reasonably suggested (or implied) by the
expressed powers.
 Article I Section of 8 of the Constitution
gives Congress the power to make laws
that “are necessary and proper”.
 This is often called the elastic clause – WHY?
Implied Powers

47. Over time, the clause has been
STRETCHED to cover so much.

48.  These are powers that
national governments
have historically
possessed.
 Few in number:
 regulate immigration
 deport undocumented
aliens
 acquire territories
 grant diplomatic
recognition
 protect the nation.
Inherent Powers

49.  The
Constitution
denies the
National
government
certain powers
(3 ways):
Powers Denied

50.  Some powers
are „expressly‟
denied.
 Examples:
 Levy taxes on
exports
 Deny freedoms
 Conduct illegal
searches
 Deny speedy trial
(1) Expressly Denied

51.  Powers denied
because they are
not mentioned in
the Constitution:
Public Schools
Marriage/divorce
laws
Set up local
governments
(2) Silence

52.  Some powers are
denied to the
National
Government because
of the federal system
itself
 Can‟t get rid of the
federal system by
„destroying’ the
states.
(3) Federal System

53. Reserved to States Denied to States
 Powers not given to the
National Government
are NOT denied to the
states.
 Why does this make the
states so powerful?
 This power is vast
and can have a HUGE
impact on lives of
people.
 Cannot:
 enter into any treaty,
alliance or
confederation
 print -coin money
 deprive anyone of
life, liberty or
property without
due process.

54.  Exclusive powers
can only be exercised
by the National
Government, not by
States under any
circumstances.
 Coin Money
 Make treaties with
foreign states
 Lay import duties

55. Concurrent powers are those powers that both
the National Government and the States.
Lay and collect taxes
Define crime and
punishment
Condemn private
property for public use

57.  The Framers put the
Supremacy Clause
(Article VI Section 2)
in the Constitution.
 Importance of?
 Clearly states the
Constitution stands
above all other
forms of law in the
United States

58.  The Supreme Court
is the umpire in the
federal system.
 McCulloch v
Maryland:
 Dispute between
Federal Bank and
state of Maryland.
 Court ruled in
Federal Government
favor.

60. The Constitution places several obligations on the
National Government for the benefit of the States:
Republican form of government
Invasion and Internal Disorder
Respect of Territorial Integrity

61.  The Constitution
requires that the
National Government
make sure that states
have a „Republican
Form of Government‟.
 What does this term
generally mean?
 A Representative
Democracy
ONLY TIME used was after
the Civil War when
Congress would not admit
southern states that did
not have a true republican
form of government.

62.  National Government
must protect the states
from foreign invasion
and help restore order
in the States.
 Federal force has
rarely been used to
restore order in states
 EXAMPLES?
 Natural disasters
 Racial unrest

63.  National
Government must
recognize and
respect the legal
existence and the
physical
boundaries of
each State.

64.  Only Congress has
the power to admit
new States to the
Union.
 What are the
restrictions on this
power?
 Cannot take land
away from existing
states without
consent of
legislature.

65. The area desiring statehood asks
Congress for admission…
Congress passes an enabling act -
directs a territory to write a state
constitution
A state convention prepares the
constitution and the people of the
territory vote for or against it.
Last step is an act of admission –
Congress agrees to statehood and
President signs

66.  Congress may set
conditions for a
state is admitted:
 Utah had to outlaw
polygamy before it
could join.
 Alaska had to
promise not to take
land legally held by
Native Americans.

67.  One big area of
cooperation
between the
National
Government and
the States is the
providing of funds
and services.

68.  Grants of federal money
or other resources to
the States and/or their
cities, counties and
other local units.
 These grants make it
possible for the federal
government to have
input in local matters
where it has no
authority.

69. What was the reason for
first land grants?
When did federal grants
of money really grow?
 Expand the
country and set
up schools
 During the Great
Depression/New
Deal Era

70.  Congress gave an
annual share of the
huge federal tax
revenue to the states:
$83 billion from
1972-1987.
 What happened to
this program?
 Ended because of
increase of
Federal deficit.

71. Describe the (3) types of Federal
grants that states can receive:
Categorical
Strings
attached
Block
Broadly
defined
purposes
Project
For a
specific
project

72.  FBI helps local
law
enforcement, ar
my and navy
equip and train
State National
Guard units, and
use Census
Bureau data.

73.  With the consent of Congress, the States
may enter into interstate compacts
 agreements among themselves and with foreign
states.
 What are some examples of
these compacts?
 Port Authorities
 Law Enforcement Compacts
 Conservation of Resources

74.  The Constitution
says that states
must give “Full
Faith and Credit”
to another states.
 There are (3)
major examples
of this:

75. The Laws
of a State

76.  Public records
such as:
Birth
Marriage
Property
Car Registration

77.  Outcome of court
actions such as
damage
awards, probatin
g of wills, divorce
decrees, etc…
 This example
comes into play
most often.

78.  The Full Faith and
Credit Clause has
(2) exceptions:
1. Civil, not
criminal matters
2. Certain divorces
granted by
another state

79.  The matter of
interstate “quickie”
divorces has been
troublesome for
years
 The case of Williams
v. North Carolina
focused on the issue
of Full Faith and
Credit between the
states of Nevada and
North Carolina.

80.  Why did the
Supreme Court side
with North Carolina
and not agree that
the Williams divorce
was legal in North
Carolina?
 The couple did not
establish a „bona
fide‟ residence.

81.  Extradition is the legal process by which
a fugitive from justice in one State is
returned to that State.
 What is this designed for?
 To prevent someone
from escaping
justice by fleeing
a state.

82.  The return of a fugitive is usually a
routine matter.
 What are examples of the requests
being contested?
1. Racial or political overtones
2. Parental kidnapping of children

83.  The Privileges and
Immunities Clause
means that no State
can draw
unreasonable
distinction between
its own residents
and those who
happen to live in
other States.

84.  Anyone can travel in or become a resident
of another state; also use the courts, buy,
rent or sell property; or marry within its
borders.
 What are some legal ways that
reasonable distinctions are allowed to be
made?
 Voting requirements
 Public office
 License to practice law, medicine,
teaching