1. Chapter 3
The Constitution

2. Goals of the Constitution
Form a more perfect union
Establish justice
Ensure domestic tranquility
Provide for the common defense
Promote the general welfare
Secure the blessings of liberty

3. Principles of the Constitution
Popular Sovereignty
The people establish government & are the sources of its power.
Rule of Law
Every member of society, including the ruler or gov’t., must obey the law & is never above it.

4. TJ vs. Madison on Constitutional Changes
Jeffersonian
Constitution revised every generation or so.
“The Earth belongs to the living, not to the dead.”
Pro-Madison
Laws are accepted more the longer they stay unchanged.
Too many changes could divide nation into factions.

5. The Amendment Process Proposing an Amendment Ratifying an Amendment
By Congress, with the approval of at least 2/3 (Supermajority) of the House & Senate.
By delegates at a national convention called by Congress & requires 2/3 of state legislatures.
Ratifying an Amendment
Voted on by state legislatures. ¾ of all state legislatures must approve.
Citizens elect delegates to a state convention. ¾ of these state conventions must approve.
Repeal: Cancel or revoke a law by a legislative act. (18th)

6. The Federal Government Applies the Constitution
Executive Implementation
Create Executive Agreements with other world leaders. Agencies make rules for the country (135,000 pages)
Judicial Interpretation
Courts have upheld laws, such as laws that outlaw types of discrimination, as being constitutional.

7. Political Parties, Customs, and Traditions
An organized group that seeks to win elections in order to influence the activities of gov’t.
Customs & Traditions
Cabinet: Group of advisors consisting of the heads of the executive departments.

8. Criticisms of the Constitution
Gridlock
Inability to govern effectively due to separation of powers.
Representation
Senate is undemocratic. Each voter in Alaska far more power than voter in California.
Electoral College
538 people vote for the President based on popular vote in a state. Winner of popular vote doesn’t necessarily win.
Winner-take-all Elections
2nd place candidates get no representation, critics want proportional representation.

9. Chp.4: Federalism
Under the U.S. federal system of government, both the national government and state governments have certain powers.

10. National Powers Enumerated Powers Implied Powers Inherent Powers
Powers granted in the Constitution to the federal gov’t.
Implied Powers
Not listed, but they are logical extensions of expressed powers. (Necessary & Proper Clause)
Inherent Powers
Historically recognized as naturally belonging to all gov’ts that conduct the business of a sovereign nation.
Powers of the
Nat’l Gov’t.
Burrow & coin money
Levy Taxes
Conduct foreign relations
Raise armies, declare war, make peace
Regulate foreign commerce & btw states
Establish a post office
Regulate immigration
Establish federal courts & make laws

11. Limits on Nat’l Gov’t. Limits on State Gov’ts. Powers Denied to both
The Limits of Power
Limits on Nat’l Gov’t.
Constitution spells out specific things Fed. Gov’t not allowed to do (Tax trade between states)
Limits on State Gov’ts.
Constitution spells out specific things State Gov’ts not allowed to do (separately engage in war)
Powers Denied to both
Bill of Rights!
Concurrent Powers: Powers held by both the Nat’l & State Gov’ts. (Taxing)

12. Nation & State Relations
The Nation & 50 States
All states are equal & must be republic forms of gov’t.
Relations btw the States
Full Faith & Credit Clause: Extradition can take place, contracts honored, & no discrimination for people from other states.
Native American Sovereignty
“Regulate commerce with Indian tribes.”

13. Dual Federalism Dual Federalism The Great Debate The Marshall Court
Both state & nat’l. gov’ts were equal authorities according to strict constructionism.
The Great Debate
Strong central gov’t. (Washington, Hamilton) vs. States’ rights (Jefferson)
First Bank of the U.S. created then not renewed
The Marshall Court
McCulloch v. Maryland : Bank allowed because it is “Necessary & Proper”
“A House Divided”
Nullification: Nullify laws states saw as contradicting their own.
Secession: States had right to leave the Union.

14. Expanding National Power
1900s Reforms
Nat’l gov’t. passed legislation to reform social conditions & business practices. (Interstate Commerce Act, Antitrust Act)
The New Deal
Series of nat’l programs to address the needs of Americans. (Social Security & FDIC)
Cooperative Federalism: Nat’l. & state gov’ts work together to meet the crisis.
The Great Society
Series of initiatives aimed at eliminating poverty & social inequality.
Creative Federalism: Releasing nat’l grants to state & local communities to achieve nat’l goals.

15. The Devolution Revolution
New Federalism
New Federalism
Returning authority to state gov’ts.
The Reagan Years
Nat’l gov’t. less effective than providing services to the people.
Cut state grants but relaxed how grants could be used by states.
The Devolution Revolution
Returning power to states.
“The era of big gov’t is over.” –Bill Clinton

16. Fiscal Federalism: Return of Nat’l Power
9/11: Increased nat’l security needs expanded fed. Gov’t power.
Fiscal Federalism
System of spending, taxing, & providing aid in the federal system.
Originally used mostly as land grants for colleges
Grants-in-Aid
Money & other resources that the nat’l gov’t provides to pay for state & local activities.
Low income housing, community arts programs, energy assistance for elderly, and disasters

17. Categorical Grants Block Grants Federal Mandates Grants & Mandates
Can only be used for a specific purpose, or category, of state & local spending.
Block Grants
Given for more general purposes or for broad policy areas.
Federal Mandates
Demands on states to carry out certain policies as a condition of receiving grant money.