Six Constitutional Principles Chapter 3 THE CONSTITUTION Six Constitutional Principles Chapter 3

Principle 1: Separation of Powers Dividing power among three branches of government Members of the House of Representatives, the Senate, the president, and the federal courts are selected by and responsible to different constituencies (people they represent)

Principle 2: Checks and Balances Each of the three branches of government have some degree of oversight and control over the actions of the others

Principle 3: Federalism System of government in which power is divided between the national government and the state governments Independent states are bound together under one national government

Principle 4: Limited Government National Government May not violate the Bill of Rights May not impose export taxes among states May not use money from the Treasury without the passage and approval of an appropriations bill May not change state boundaries Functions and powers are written, limited, and restricted by law to protect the citizens State Government May not enter into treaties with other countries May not print money May not tax imports or exports May not Impair obligations of contracts May not suspend a person's rights without due process

Principle 5: Popular Sovereignty People are the source of any and all government power Government draws its power from the people of the US and the people give that power through the constitution.

Principle 6: Judicial Review Power given to the courts to determine if government action is constitutional Courts also have the power to nullify any actions they feel are unconstitutional.

Amending the Constitution

By 2/3 vote in both the House and the Senate Methods of Proposal Method 1 By 2/3 vote in both the House and the Senate [most common method of proposing an amendment]

By 2/3 vote in both the House and the Senate Methods of Proposal Method 2 By national constitutional convention called by Congress at the request of 2/3 of the state legislatures [This method has never been used] Method 1 By 2/3 vote in both the House and the Senate [most common method of proposing an amendment] Or

Methods of Ratification By legislatures in ¾ of the states [in all but one case, this is how amendments have been ratified]

Methods of Ratification Ratified through conventions in ¾ of the states. [Only been used once to ratify the 21st Amendment] Method 1 By legislatures in ¾ of the states [in all but one case, this is how amendments have been ratified] Or

Amendment Process Methods of Proposal Methods of Ratification Method 1 By 2/3 vote in both the House and the Senate Method 1 By legislatures in ¾ of the states Or Or Method 2 Ratified through conventions in ¾ of the states. Method 2 By national constitutional convention called by Congress at the request of 2/3 of the state legislatures

Suggested Amendment Topics Flag burning Allow non-natural born citizens to become President Official language(s) of U.S. Definition of marriage Prayer in school Balanced budget Electoral College Terms limits on U.S. Senators & Representatives Access to medical care for all citizens Death penalty

http://www.cnn.com/2006/POLITICS/06/27/flag.burning/index.html http://www.cnn.com/2004/ALLPOLITICS/02/24/elec04.prez.bush.marriage/

Federalism

Remember Federalism is… A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states). A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.

Federalism Question: How do have both a strong national government and strong local governments?

Federalism & the Constitution The U.S. Constitution is the supreme law of the land (National Supremacy Clause) The Federal Government has expressed powers specifically granted in the Constitution (tax, regulate commerce, declare war, etc.) The Federal Government has implied powers from the necessary & proper clause or “elastic clause” (ex: create a national bank) The 10th Amendment reserves powers to the states (ex: education, law enforcement, etc.)

Dual Federalism (1789-1932) Federal and state governments are co-equals, each sovereign Narrow interpretation of the Constitution Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs) State have greater role and powers (ex: public education, race relations)

What does duel federalism have in common with a layer cake?

Cooperative Federalism (1933-present) National government clearly supreme over the states with wide interpretation of the “necessary and proper clause” (Article I, Sect. 8 of the Constitution, also known as the “elastic clause.”) Federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights) Began with the New Deal in the 1930s

What does cooperative federalism have in common with a marble cake?

Political Cartoons

Cartoon #1 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #2 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #3 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #4 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

Political Cartoon #1 Title: Flag Burning Amendment Gary Markstein, Wisconsin, The Milwaukee Journal-Sentinel , July 18, 2005 , http://www.politicalcartoons.com

Political Cartoon #2 Title: Flag Burning Steve Breen, The San Diego Union-Tribune, July 25, 2005 http://www.politicalcartoons.com

Political Cartoon #3 Title: Gay Marriage Amendment Mike Lane, Cagle Cartoons. Feb. 26, 2004 http://www.politicalcartoons.com