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American Government McGraw- Hill © The McGraw-Hill Companies, Inc., 1998 Concurrent Powers Both may tax Both may borrow money Both may establish and maintain courts Both may make and enforce laws Both may take property for public purposes Both may spend for general welfare Powers Reserved to the State To regulate intrastate commerce To establish local governments To protect the health, safety, welfare, and morals of its citizens To ratify amendments To conduct elections To specify conditions for suffrage (except for specific prohibitions in the constitution To change state constitutions and governments3 Powers Delegated to the National Government Powers Delegated to the National Government To tax To regulate interstate and foreign commerce To borrow and coin money To declare war To raise and support an army To maintain a navy To provide for a militia To govern territories and property To define and punish piracies and other felonies on the high seas To establish post offices and post roads To grant patents and copyrights To fix standards of weights and measures To make all laws necessary and proper to carry out the above To tax To regulate interstate and foreign commerce To borrow and coin money To declare war To raise and support an army To maintain a navy To provide for a militia To govern territories and property To define and punish piracies and other felonies on the high seas To establish post offices and post roads To grant patents and copyrights To fix standards of weights and measures To make all laws necessary and proper to carry out the above Prohibitions on the National Government Direct taxes must be proportionate to population of states (changed by Sixteenth Amendment, 1913) Bill of Rights may not be abridged Preference may not be given to one state over another in matters of commerce State boundaries cannot be changed without consent of states involved Newly admitted states cannot be placed on a plane of inequality Prohibitions on Both the National Government and the States May not tax exports May not grant titles of nobility Prohibitions on the States May not enter into treaties May not coin money, keep troops or ships of war in time of peace May not pass laws impairing obligations of contract May not tax imports May not violate Federal Constitution or obstruct Federal laws CONSTITUTION From McKenna: The Drama of Democracy, 3rd Ed.
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American Government McGraw- Hill © The McGraw-Hill Companies, Inc., 1998 2/3 of both houses of congress Special convention called by Congress at request of 2/3 of states 3/4 of State Legislatures Convention in 3/4 of states Proposal: 2/3 Ratification: 3/4 OR Amending the Constitution From McKenna: The Drama of Democracy, 3rd Ed.
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American Government McGraw- Hill © The McGraw-Hill Companies, Inc., 1998 Source: Congressional Quarterly. Reprinted by permission. Order of ratification and votes upon ratification StateRatification DateYesNo 1.DelawareDecember 7, 1787 Unanimous 2.PennsylvaniaDecember 12, 17874623 3.New JerseyDecember 18, 1787 Unanimous 4.GeorgiaJanuary 2, 1788 Unanimous 5.ConnecticutJanuary 9, 178812840 6.MassachusettsFebruary 6, 1788187168 7.MarylandApril 28, 17886311 8.South CarolinaMay 23, 178814973 9.New HampshireJune 21, 17885746 10.VirginiaJune 25, 17888979 11.New YorkJuly 26, 17883027 12.North CarolinaNovember 21, 178919577 13.Rhode IslandMay 29, 17903432 Vote
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American Government McGraw- Hill © The McGraw-Hill Companies, Inc., 1998 Proposed amendments since 1965 (Continued on next slide) Source: From Harold W. Stanley and Richard G. Niemi, Vital Statistics in American Policy, (Washington, D.C: Congressional Quarterly Press, 1994) pp. 28-29. Used by permission. Vice presidential succession,Cleared Congress July 6, 1965; ratified by states presidential disability February 10, 1967. 25th Amendment. School prayer authorizationRejected by Senate in 1966 by nine votes; rejected by House in 1971 by 28 votes; rejected by Senate in 1984 by 11 votes. Direct election of presidentPassed by House 1969; died in Senate filibuster 1970; rejected by Senate in 1979 by 15 votes. Voting age of 18Cleared Congress March 23, 1971; ratified by states June 30, 1971. 26th Amendment. Equal Rights AmendmentCleared Congress March 22, 1972; ratification deadline extended by Congress October 6, 1978; deadline expired June 30, 1982, after 35 states (of 38 needed) had approved it.
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American Government McGraw- Hill © The McGraw-Hill Companies, Inc., 1998 Proposed amendments since 1965 (Continued from previous slide) Source: From Harold W. Stanley and Richard G. Niemi, Vital Statistics in American Policy, (Washington, D.C: Congressional Quarterly Press, 1994) pp. 28-29. Used by permission. Require super-majority for tax increases D.C. voting representation in Congress Cleared Congress August 22, 1978; ratification deadline expired August 22, 1985, after 16 states (of 38 needed) had approved it. Prohibit busing for school desegregation House rejected in 1979 by 75 votes. Balanced budget requirementPassed by Senate in 1982, rejected in House by 46 votes. Between 1983 and 1994 six different versions reached the floor of the House or Senate but were defeated by close margins. In 1995 passed the House but defeated in Senate by two votes. Defeated in the Senate again in 1996 and 1997. No constitutional right to abortion Rejected by Senate in 1983 by 18 votes. Term limits for senators and representatives Rejected in House in 1995 by 61 votes. Prohibit flag desecrationPassed by House in 1995; rejected in Senate by 3 votes. Rejected in House in 1996.
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