The Underlying Legal & Political Principles of the Constitution Level 1 The Underlying Legal & Political Principles of the Constitution

Vocabulary Federalism: a system of government that divides power between a central or national government and states Separation of Power: divides the government into branches Checks and Balances: allows each branch of government to limit the other branches powers Amendment: allows the Constitution to be added to or changed Bill of Rights: guarantees the rights of the individual

Essential Questions How does the Constitution embody the principles of the Declaration of Independence? How do federalism and separation of powers promote those principles in the Constitution?

The Underlying Legal & Political Principles of the Constitution 1. Federalism: a system of government that divides power between a central government and states

The Underlying Legal & Political Principles of the Constitution Enumerated and Reserved Powers Federal Government Federal and State Governments State Governments Enumerated Powers Concurrent (“Shared”) Powers Reserved Powers Regulate interstate and foreign trade Make laws for citizenship Make money Make post offices Make federal courts Declare war Raise and support military Pass laws necessary and proper for carrying out their powers Make and collect taxes Start banks Take property for public use Borrow money Enforce the laws Make courts Provide for the general welfare Make qualifications of voters Provide for education Make marriage and divorce laws Control trade in the state Have elections Make local governments Provide for public safety and morals table from: p. 45 of Barron’s Review Course Series “Let’s Review: U.S. History and Government” third edition by John McGeehan and Morris Gall (slightly modified)

The Underlying Legal & Political Principles of the Constitution Prohibited Powers (Not Allowed) Federal Government Federal and State Governments State Governments Powers Denied Federal Government Powers Denied Federal and State Governments Powers Denied State Government Suspend the writ of habeas corpus (having to be tried in court before imprisonment) Tax exports Favor one state over another Take money from treasury without right by law Pass bills of attainder (allowing people to be imprisoned and found guilty without a trial) Pass ex post facto laws (try someone for a crime that wasn’t a law when the event was done) Grant titles of nobility (princes, knights) Deprive persons of life, liberty, or property without due process of law Make treaties with other nations or states without consent of Congress Coin (make) money Impair obligations of contracts Tax imports or exports Keep troops or ships during peace without consent of Congress table from: p. 45 of Barron’s Review Course Series “Let’s Review: U.S. History and Government” third edition by John McGeehan and Morris Gall (slightly modified)

The Underlying Legal & Political Principles of the Constitution 2. Separation of Powers: Divides the government into three branches Executive Legislative Judicial Checks and Balances: allows each branch of government to limit the other branches powers

appoints ambassadors and other officials foreign policy Executive Branch (President) proposes laws administers laws commands military appoints ambassadors and other officials foreign policy negotiates treaties Judicial Branch (Supreme Court) interprets laws and Constitution reviews lower-court decisions Legislative Branch (Congress) writes laws confirms Presidential Appointments ratifies treaties grants money declares war Checks & Balance: reject appointments reject treaties withhold funding impeach president override a veto propose amendments impeach Supreme Court Justice reject appointments to Supreme Court declare executive actions unconstitutional appoint Judges declare laws unconstitutional veto bill adjourn Congress http://www.kminot.com/art/charts/branches.jpg (chart slightly modified)

The Underlying Legal & Political Principles of the Constitution 3. Provisions for Change: Amendments make it possible to change the Constitution

The Underlying Legal & Political Principles of the Constitution 4. Protection of Individual Rights: The Bill of Rights guarantees the rights of each person in the U.S. Use the link to play the Bill of Rights Game Link is a rap.

Essential Questions How does the Constitution embody the principles of the Declaration of Independence? How do federalism and separation of powers promote those principles in the Constitution?