The Constitution and Federalism Unit 2 The Constitution and Federalism

The Constitution Created in 1787 (~230 years old) after the Articles of Confederation failed Main Parts: 1.) Preamble (AKA: introduction) States the broad goals set for the new government 2.) 7 Articles Create the structure of the U.S. government with little detail or elaboration 3.) Amendments (AKA: changes) Only 27 total amendments have been made since 1787

Goals Of The Constitution 1.) Form a more perfect union-Strengthen the relationship between the states and their relationship with a more unified government 2.) Establish justice-make laws that are reasonable, fair and impartial 3.) Ensure domestic tranquility-Keep peace & maintain order within the country 4.) Provide for the common defense-Defend nation against foreign enemies 5.) Promote general welfare- States benefit militarily and economically from the protection of a strong national govt. 6.) Secure the blessings of liberty-Protect and preserve the liberties recently won in the American Revolution

Principles Of The Constitution The principles of the constitution sought to achieve the 6 goals by implementing the following principles in the document: 1.) Popular Sovereignty The government receives its authority from the people (“We the people…”) How was popular sovereignty implemented? Establishing a democratic republic Democracy- The people vote for EVERYTHING (laws, criminal verdicts, etc.) Not normally practical in modern day society The founders created a democratic republic where the people voted for the officials who created the laws of the country

Principles Of The Constitution 2.)Limited government-Powers and functions of government are restricted by the constitution and other laws AKA: Rule of Law-every member of society, including the ruler or government, must obey the law and is never above it The concept of rule of law was originally in the Magna Carta Magna Carta was written in 1215 in England that placed King John and all other sovereigns under a rule of law…The rulers were no longer “above the law”

Principles Of The Constitution 3.) Separation of Powers Duties of governing are divided among the executive, legislative, and judicial branches of the federal government Sought to ensure that all of the power did not rest within one small group of individuals Article I: Creates congress (legislative branch) Senate & House of Representatives Article II: Establishes the executive branch Implements/carries out laws established by legislative branch Article III: Judicial branch Interpret and apply the law—to say what the law is. Supreme Court can determine if a law is unconstitutional

Principles Of The Constitution 4.)Checks and Balances No one branch of government is to become too powerful The system of checks and balances gives each branch of government the power to cancel or change the acts of another branch Many examples throughout the constitution 1.) President has veto power over bills that pass through the House and Senate However, the veto can be overridden by a 2/3 vote from BOTH houses 2.) Judicial branch can declare acts by the executive and legislative branch unconstitutional, but the executive and legislative branch has a check on the judicial branch as the president nominates Supreme court judges and the Senate must approve those nominations

Principles Of The Constitution 5.) Judicial Review Power to determine whether the actions of the executive or legislative branch are unconstitutional Because the Constitution is considered the nation’s highest law, a law deemed unconstitutional prohibits the law to be carried out or enforced by the other two branches of government Supreme court is most often asked to determine constitutionality of federal statutes or actions, but can decide the validity of a state law or action in certain circumstances

Principles Of The Constitution 5.) Judicial Review The term judicial review is not specifically mentioned in the Constitution, BUT Article III, Section 2 states “The judicial power shall extend to all cases, in law and equity, arising under this Constitution…” Also, The Federalist No. 51, states that the power of an independent judiciary would serve as a precaution against one branch of government becoming predominant over the others

Principles Of The Constitution 6.) Federalism Powers of government are distributed between the state and national government Founders struggled to give the national government enough power without infringing upon the rights of the states Necessary and proper clause-Gives congress the power to make all laws necessary and proper for carrying into execution the foregoing powers Supremacy clause- laws passed under the Constitution are the “supreme law of the land” 10th amendment solidifies states’ rights “The powers not delegated to the United States by the Constitution, nor prohibited by it to states, are reserved to the states respectively, or to the people” Basically means that the powers that are not specifically assigned to the federal government and the powers that are not allowed to be state powers become state powers

Philosophical Origins John Locke: Charles Montesquieu: Thomas Paine:

Federalism Federalism Powers of government are distributed between the state and national government Founders struggled to give the national government enough power without infringing upon the rights of the states Necessary and proper clause-Gives congress the power to make all laws necessary and proper for carrying into execution the foregoing powers Supremacy clause- laws passed under the Constitution are the “supreme law of the land” 10th amendment solidifies states’ rights “The powers not delegated to the United States by the Constitution, nor prohibited by it to states, are reserved to the states respectively, or to the people” Basically means that the powers that are not specifically assigned to the federal government and the powers that are not allowed to be state powers become state powers

National (Federal) Powers Expressed Powers Powers specifically mentioned in the Constitution as belonging to the legislative, executive or judicial branches Also referred to as Enumerated powers. The term enumerated shows up in Article I of the constitution REVIEW: What BRANCH of government is established in Article I of the Constitution??

Legislative (Congress) Expressed (Enumerated) Powers Issue currency Collect taxes (but does not specify HOW Congress may collect taxes) Pay government debts Regulate trade among the states and with other nations Declare war Raise and maintain armed forces

Executive Expressed Powers (Article II) President can command the armed forces and conduct foreign relations Can also veto a congressional bill, but that is mentioned in Article I

Judicial Branch Can rule on Constitutional issues, cases involving the U.S government and disputes among the states Examples: Same-sex marriage is legalized across all 50 states, 2015 No recount of the 2000 presidential election was feasible in a reasonable time period, 2000

Implied Powers Not specifically mentioned in the Constitution, but are logical extensions of expressed powers Example: Building highways Income tax*** 16th amendment is a result of the necessary and proper clause…Congress was allowed to tax, but no details on HOW congress could tax the citizens were present in the Constitution

Inherent Powers Powers that have been historically recognized as naturally belonging to any government Examples: Power to acquire new territory Conduct foreign affairs

State Powers Reserved Powers/10th amendment/States’ Rights “The powers not delegated to the United States by the Constitution, nor prohibited by it to states, are reserved to the states respectively, or to the people” Basically means that the powers that are not specifically assigned to the federal government and the powers that are not allowed to be state powers become state powers Example: Establishing public school systems—Is the power to establish public schools an expressed power of the National government? Is the power to establish public schools specifically banned from the states? Also no. THEREFORE, establishing a public school system is a state power

Shared/Concurrent Powers If the Constitution does not state that a power belongs EXCLUSIVELY to the national government, then the states can exercise that power too Examples: Collecting income tax (state and federal income taxes) Establish courts Enforce laws

Limits on federal powers Limits are listed in Article I, Section 9 Cannot deny a citizen the right to trial by jury Cannot grant titles of nobility Cannot tax exports between states Cannot pass laws favoring the trade of one state over another state Cannot spend money unless authorized by Congress to do so Cannot exercise the powers that are reserved to the states specifically Also, the Bill of Rights—Basic liberties that cannot be changed

Limits on State Powers Article I, Section 10: Cannot coin money Cannot tax imports or exports from other states Cannot have its own army Cannot separately engage in war Cannot separately enter into a treaty with another state or nation