The Living Constitution Chapter 8

…..Therefore, the Constitution’s framework is FLEXIBLE “Change is one constant in life…..to keep up with change we must be adaptable” …..Therefore, the Constitution’s framework is FLEXIBLE

What is the Elastic Clause? Article 1, Section 8 …To make all laws that 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 or officer thereof”…… What does this mean?

“Necessary and Proper” clause Allows US Congress to pass laws it considers “necessary” and “proper” to govern the country What are examples of laws that can be necessary or proper?

What are expressed powers? Powers that are specifically listed in the US Constitution Examples include the powers to coin money and the power to declare war

What are Implied Powers? Powers that are not specifically named in the Constitution

What are inherent powers? Powers are not listed in the US Constitution but are necessary for the federal government to function. Examples include immigration and international relations (it is understood that the federal government must play a role in these areas)

What is Strict Interpretation v. Loose Interpretation? ….If something is not specifically stated in the Constitution then it should not be allowed (strict) ….Allows for a broad interpretation of the Constitution (loose)

Federalism is…. The division of power between the state and federal government. DC/Trenton/Old Bridge It’s purpose it to make sure that one leaders does not become too powerful

Powers can be separate or shared Delegated/Denied: powers given only to the federal government (coin $, declare war) Reserved: Powers given only to the states (public education) Concurrent: Powers that are shared between the national and state governments (taxation) The Supremecy Clause establishes that the US Constitution is the highest law in the land

What did the US Constitution establish? 3 branches of government Legislative, Executive, Judicial Separation of powers Checks and Balances ……all three are a way of keeping one person from becoming too powerful as well as balance the powers of the three branches and their responsibilities

Amendments to the Constitution Article V Are Changes to the Constitution Today there are 27 1st 10 = Bill of Rights Must be passed by 2/3 of both houses and 2/3 of state legislatures, then ¾ of states must Ratify or call for a national convention to ratify Ratification sometimes includes a time limit, but not always Amendments can also be reversed (ex: 18 & 21)

Bill of Rights Freedom of Speech, Press, Religion, Petition, Assembly Right to keep and bear arms Conditions for quarters of soldiers Right of search and seizure regulated Provisions concerning prosecution Right to a speedy trial, witnesses, etc. Right to a trial by jury Excessive bail, cruel punishment Rights of the citizens not specified in Constitution (ex: Privacy) Rights of the States under Constitution

Amendment #11 Limiting Federal Courts Jurisdiction to hear lawsuits against state governments brought by a citizen of another state or foreign country

Amendment #12 Election of the President and VP on a party ticket (same ballot)

Amendment #13 Abolished Slavery and Indentured Servitude

Amendment #14 Granted civil rights to African Americans (made them citizens)

Amendment #15 Gave African American men the right to vote

Amendment #16 Says that Congress may impose an income tax

Amendment #17 Says that Senators would be elected directly by the people of each state

Amendment #18 Prohibition

Amendment #19 Women gained the right to vote (suffrage)

Amendment #20 Set specific dates for start/end of Presidential terms Moved the Inauguration to January 20

Amendment #21 Repealed prohibition

Amendment #22 2 term limit for Presidents and Vice Presidents

Amendment #23 Gave the District of Columbia (DC) voting right, 3 electoral votes

Amendment #24 No Poll tax Says the government can not prevent you from voting by forcing you to pay a tax

Amendment #25 Disability of the President Defines the chain of command if the President is disabled or killed

Amendment #26 Lowered the national voting age from 21 to 18

Amendment #27 Established that any law that increases or decreases Congressional pay shall not be put into effect until the next term of office This Amendment was proposed in 1789 and finally ratified in 1993 (example of no time limit on an Amendment)