BELLRINGER Analyze the chart on page 356 in your textbook. Write out and answer the 2 “chart skills” questions in your Civics notebook. Be sure to explain the reasoning for your answer for question #2.

Federalism and Amending the US Constitution

Federalism

Federalism Federalism is the idea that the states and the National (also called the Federal) gov’t share power. This limits the power of the federal government by giving powers to the states. As citizens, how are we impacted by federalism? (i.e., do we have to follow both federal and state laws?)

Expressed Powers Expressed or enumerated or delegated Powers are specifically given only to the federal (national) government. These are listed in the Constitution.

Expressed Powers Regulating trade Conducting foreign affairs Raise & support armies Coin or print money Create post offices Govern U.S. territories Regulate immigration

Powers are Divided

Reserved Powers Reserved powers are saved for the state governments. These are powers that are not listed in the Constitution OR are specifically stated as belonging to the states.

Reserved Powers Provide for public safety, health, welfare within state Regulate trade within the state Create local governments in the state Conduct elections in the state Establish public school systems in the state

Concurrent Powers Concurrent powers are the powers that the national government shares with the states. They BOTH have these powers.

Concurrent Powers Enforce the laws Establish courts Collect taxes Borrow money Provide for the general welfare Prisons Roads

10th Amendment Reserved Powers - Amendment 10 of the Constitution “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” All powers not mentioned in the Constitution belong to the states. (Education, driver’s licenses, etc.)

The FINAL Authority Supreme Law of the Land Article 6 of the Constitution: – the Constitution is the final say in all matters! Called the Supremacy Clause

There are three major ways our Constitution has changed to fit the times 1 – Amendments 2 – Interpretation 3 - Customs

Amending the Constitution Thousands of amendments have been suggested over the years, but only 27 amendments, or changes, have been made to the Constitution. The first 10 amendments are called the Bill of Rights and were added in 1791.

Amending the Constitution The Amendment process is a slow and difficult one. Why did the Framers make it difficult? In order to avoid frequent changes to the structure of our government. Amending is a TWO step process 1 – Proposing 2 - Ratifying

Amending the Constitution STEP 1 All amendments must begin by being “proposed” (suggested) To propose an amendment, it requires either a (1) vote of 2/3rds of members of both houses of Congress (287 HR & 67 S) OR (2) national convention called by state legislatures proposes it with a 2/3rds vote. Most amendments begin with the first method (Congress)…

Amending the Constitution – STEP 2 All amendments must end by being “ratified” (approved) To ratify an amendment, it requires either a (1) 3/4ths of all state legislatures approval OR (2) 3/4ths of state ratifying conventions. Only 21st Amendment (repeal of Prohibition) ratified by option 2.

Interpreting the Constitution Many believe that our Constitution was written in a way that left it to be interpreted to fit the times. The Supreme Court has the official power of interpreting, but the other branches do it “unofficially” as well. The “Necessary and Proper Clause” states Congress has the power to make all Laws which shall be “necessary and proper” – this is also called the elastic clause. Article I, Section 8, Clause 18

Interpreting the Constitution The Necessary and Proper Clause (elastic clause) gives Congress flexibility to make what laws it deems or “interprets” as being necessary and proper to do its job. These are “implied powers” which are powers not specifically mentioned in the Constitution.

Interpreting the Constitution The President has unofficially interpreted the Constitution: George Washington was the first President to create cabinet as a part of the Executive Branch. There is nothing written about the cabinet but the Presidents have kept that power ever since. They have been able to unofficially interpret the Constitution and act accordingly.

Interpreting the Constitution The Supreme Court has the job of interpreting the Constitution (judicial review) All Supreme Court decisions are FINAL. They have final authority on “interpreting” the Constitution. If they deem a law unconstitutional, the law dies. If they agree with a law, or uphold it, it stays in effect. Plessy v Ferguson and Brown v Board of Education – changes in interpretation.

Changing the Constitution through Custom Our Constitution has changed over time just in the way we do things…….. Ie. Political parties are not mentioned anywhere in the Constitution. They developed quickly and became a tradition. It is important to remember that all three branches of government can interpret the document differently.