Constitutional Principles Regents Review Constitutional Principles

Elastic Clause Definition: Constitution is a flexible document that can change over time. Congress can make all laws “necessary and proper” for carrying out the Constitution. Implied power of Congress.

Elastic Clause Example: Louisiana Purchase 1803- Jefferson can double the size of the U.S. with the Louisiana Purchase. Supporting the purchase meant adopting a loose interpretation of the Constitution. Did President have the right to buy the land? Constitution gave him the right to make treaties.

Elastic Clause- Louisiana Purchase 1803- Senate agreed. Purchase from France for 15 million dollars. Doubled the size of the U.S. Gained the Mississippi River. Lewis and Clark expedition.

Separation of Powers Definition: Enlightenment idea- Montesquieu Government is divided among legislative, executive and judicial branches. Make sure no single branch can dominate government. Each branch gets its power from the Constitution.

Separation of Powers: Example Legislature- makes laws. Declare war Override a veto Approve Presidential appointments. Approve treaties. Impeach. Executive- enforces laws and treaties. Veto laws Commander in chief Appoints judges Makes treaties.

Separation of Powers (continued) Judicial- explains and interprets the laws. Settles disputes between states. Settles disputes between state and Federal government. Settles disputes involving foreign ambassadors.

Federalism Definition: Articles of Confederation gave too much power to the state governments. Federalism divides power between the state and Federal government.

Federalism: Example Delegated- powers given to the Federal government. Maintain army & navy Declare war Coin money Regulate trade Make all laws “necessary and proper” Reserved- Powers granted to state governments. Education & schools Marriage and professional licenses. Motor vehicles Regulate businesses within a state.

Federalism- continued Concurrent- powers shared by both the state and Federal government. Enforce laws Taxes Build roads Establish courts

Judicial Review Definition: Example of the “unwritten” Constitution. Right of Federal courts to review a law and declare the law unconstitutional. Supreme Court has the final determination.

Judicial Review- Example Marbury v. Madison Presidential election of 1800 Jefferson defeats Adams. Election decided Feb. 1801. Jefferson did not take office until March 1801. Adams and the Federalist controlled Congress passed Judiciary Act- creating a number of new courts.

Judicial Review- Marbury v. Madison (continued) March 2nd Adams appointed 42 Federalists to these courts. Following day Senate approved the appointments. One of the judges was William Marbury appointed Justice of the Peace in the District of Colombia. At noon, Adams left office, Jefferson inaugurated.

Marbury v. Madison (continued) Marbury’s commission was signed by Adams and Marshall (Secretary of State at the time). Marshall had been appointed Chief Justice. Jefferson voided 25 of the 42 commissions including Marbury because they had not been delivered by the days end.

Marbury v. Madison (continued) Jefferson ordered Madison (new Secretary of State) not to deliver the commissions. Marbury sues Madison. Decision: February 1803- Marshall declares the Judiciary Act unconstitutional.

Checks and Balances Definition: Enlightenment idea- Montesquieu Gives each branch a way to check/control the other branch. Prevents one branch from having too much power.

Checks and Balances: Example A bill becoming a law: Bill introduced into the House or Senate. Needs majority vote. Must go through same process in other house. Bill goes to President. He signs it- bill becomes a LAW.

Checks and Balances: Example (continued) President vetoes- bill goes back to Congress. Congress can override with 2/3rd vote and bill becomes a LAW. Supreme Court can interpret the law and declare the law unconstitutional (Judicial Review).