The United States Constitution Unit 3 – Chapters 4 and 6

Unit 3 - Chapter 4 The United States Constitution

Preamble  Provides the ____________ for interpreting the Constitution.  “We the People” = power and _________ in our system of government comes from the people. L0g

________ of ____________

Branches of Government  Power is divided among ________ branches of government. This ensures that on one group would gain too much ____________.  Legislative – bicameralism – 2 legislative chambers (House of Representative/________) They make laws  ____________ – enforce the laws  Judicial – interpret the ____________

Enumerated Powers  Responsibilities which are __________ listed in the Constitution.  Examples are power to collect _______, coin money and declare war.

Implied Powers  Article I, Section 8 – Necessary and Proper Clause  The Congress shall have ________ – To make all Laws which shall be __________ 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 or Officer thereof  Elastic Clause – Federal Government’s power is increased since it can be “___________” to cover a variety of issues and circumstances.

Bill of Rights  The first _____ amendments to the Constitution make up the Bill of Rights. Written by James Madison in response to calls from several states for greater constitutional protection for individual liberties, the Bill of Rights lists specific prohibitions on governmental power.  Example – ____ amendment – prevents unreasonable searches without just cause and a warrant.

Guiding Principles of the Constitution  They __________ the power of the government: 1.Popular Sovereignty 2.Rule of ___________ 3.Checks and Balances 4.Individual __________

Popular Sovereignty  The power of the __________ comes from the people. The __________ are the ultimate authority over the government.

Checks and Balances  Allows each __________to check or limit the power of each of the other branches.  Example is the _________needs senate approval to enter into a treaty with another country.  Example – Congress can override a president’s veto.

Rule of Law  The American people and the government abide by a system of _____________.

Individual Rights  Each individual has the fundamental right to life, liberty, economic freedom and the pursuit of _________. These rights are outlined in the Bill of Rights and the government should ____________ these rights and not place undo restrictions upon them.

Interpreting the Constitution  When the Supreme Court interprets the Bill of Rights – they use ____ sources of information. 1.Text of the Constitution 2.Original ____ of the framers 3.Court precedent (past decisions of the Supreme Court) 4.Practical consequences of their decision for society 5.Moral and ethical _________

Strict Construction  Literal _______ of the Constitution  The original language of the Constitution and the ________ of the framers must serve as primary guides to judicial interpretation.

Loose Construction  ____________ reading of the Constitution  Taking into account __________ values and social consequences

Marbury v. Madison  The key principle ________ review was established.  This principle grants the Supreme Court the power to __________ acts of Congress, the executive branch and the states unconstitutional.  The court can __________ laws or government actions that do not comply with the Constitution.

McCulloch v. Maryland  The United States Supreme Court established the supremacy of the _______ government over the states and upheld the implied powers of Congress under the Constitution.  By confirming the ________Clause, the court supported a broad expansion of congressional power (strengthened the national government). It also sent a clear message that in conflicts between federal and state law, federal law would prevail.

United States v. Nixon  United States Supreme Court ruled that President ________ could not claim presidential immunity in a criminal investigation.  This is an example of ________ of _________

Unit 3 – Chapter 6 Federalism: National, State, and Local Powers

Federal System  Federal System of government – power is divided between the national and state governments. Expressed, concurrent and reserved powers

Federalism – Federal System of Gov

Commerce Clause  The Congress shall have Power…To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.  Article 1, Section 8, Clause 3  Gives the Federal Government the power to regulate trade across state lines within the U.S. and to both regulate and tax foreign trade. (Example of a Delegated/Expressed power) – P. 73

10 th Amendment  The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people.  This amendment is example of a reserved power. It reserves for the states or the people any powers that are not given to the federal government.

State Constitution  The U.S. Constitution requires that every state support a “republican form of government” or a representative political system in which authority comes from the people and is exercised by elected officials.

State Government  Executive Branch – Governor Rick Snyder   Legislative Branch – Michigan Congress   Judicial Branch – trial courts (handle most cases that affect the daily lives of citizens) and appeals courts (handle cases that are requested to be reviewed in order to reverse the decision of a trial court).

Referendum and Initiative  Referendum - Citizens vote to approve or reject laws passed by a legislature.  Initiative – Citizens propose laws and submit them directly to the voters for approval.

Gerrymandering  Drawing the boundaries of a legislative district with the intent of giving one party or group a significant advantage.  People in cities complained that legislatures dominated by rural lawmakers failed to deal with urban problems. But there was little they could do to force state legislations to apportion (distribute) seats differently.

Baker v. Carr  Charles Baker sued Tennessee’s Secretary of State, Joe Carr.  The Tennessee legislature had failed to adjust the state’s legislative districts – many rural families had migrated to cities.  Baker’s urban district had 10 times as many residents as some rural districts had.  Baker claimed that this imbalance violated his 14 th Amendment right to “equal protection under the laws”

Impact of the Case  Today, redistricting is done every 10 years after the Census Bureau reports the results of the national census.

State Court System  Trial Courts handle most of the cases that affect the daily lives of citizens.  Appeals Courts handle cases that requested to be reviewed in order to reverse the decision of a trial court.

Local Government  Originally counties were organized to provide services such as law enforcement, courts and road construction to rural areas.  Local government is not mentioned in the U.S. Constitution. They get all their power from the states.  West Bloomfield is an example of a township district.  Supervisor for West Bloomfield Township is Michele Ureste – Below is the elected officials for WB. 