1. The Constitution and Federalism
Unit 2
The Constitution and Federalism

2. The Constitution
Created in 1787 (~230 years old) after the Articles of Confederation failed
Main Parts:
1.) Preamble (AKA: introduction)
States the broad goals set for the new government
2.) 7 Articles
Create the structure of the U.S. government with little detail or elaboration
3.) Amendments (AKA: changes)
Only 27 total amendments have been made since 1787

3. Goals Of The Constitution
1.) Form a more perfect union-Strengthen the relationship between the states and their relationship with a more unified government
2.) Establish justice-make laws that are reasonable, fair and impartial
3.) Ensure domestic tranquility-Keep peace & maintain order within the country
4.) Provide for the common defense-Defend nation against foreign enemies
5.) Promote general welfare- States benefit militarily and economically from the protection of a strong national govt.
6.) Secure the blessings of liberty-Protect and preserve the liberties recently won in the American Revolution

4. Principles Of The Constitution
The principles of the constitution sought to achieve the 6 goals by implementing the following principles in the document:
1.) Popular Sovereignty
The government receives its authority from the people (“We the people…”)
How was popular sovereignty implemented?
Establishing a democratic republic
Democracy- The people vote for EVERYTHING (laws, criminal verdicts, etc.) Not normally practical in modern day society
The founders created a democratic republic where the people voted for the officials who created the laws of the country

5. Principles Of The Constitution
2.)Limited government-Powers and functions of government are restricted by the constitution and other laws
AKA: Rule of Law-every member of society, including the ruler or government, must obey the law and is never above it
The concept of rule of law was originally in the Magna Carta
Magna Carta was written in 1215 in England that placed King John and all other sovereigns under a rule of law…The rulers were no longer “above the law”

6. Principles Of The Constitution
3.) Separation of Powers
Duties of governing are divided among the executive, legislative, and judicial branches of the federal government
Sought to ensure that all of the power did not rest within one small group of individuals
Article I: Creates congress (legislative branch)
Senate & House of Representatives
Article II: Establishes the executive branch
Implements/carries out laws established by legislative branch
Article III: Judicial branch
Interpret and apply the law—to say what the law is. Supreme Court can determine if a law is unconstitutional

8. Principles Of The Constitution
4.)Checks and Balances
No one branch of government is to become too powerful
The system of checks and balances gives each branch of government the power to cancel or change the acts of another branch
Many examples throughout the constitution
1.) President has veto power over bills that pass through the House and Senate
However, the veto can be overridden by a 2/3 vote from BOTH houses
2.) Judicial branch can declare acts by the executive and legislative branch unconstitutional, but the executive and legislative branch has a check on the judicial branch as the president nominates Supreme court judges and the Senate must approve those nominations

9. Principles Of The Constitution
5.) Judicial Review
Power to determine whether the actions of the executive or legislative branch are unconstitutional
Because the Constitution is considered the nation’s highest law, a law deemed unconstitutional prohibits the law to be carried out or enforced by the other two branches of government
Supreme court is most often asked to determine constitutionality of federal statutes or actions, but can decide the validity of a state law or action in certain circumstances

10. Principles Of The Constitution
5.) Judicial Review
The term judicial review is not specifically mentioned in the Constitution, BUT Article III, Section 2 states “The judicial power shall extend to all cases, in law and equity, arising under this Constitution…”
Also, The Federalist No. 51, states that the power of an independent judiciary would serve as a precaution against one branch of government becoming predominant over the others

11. Principles Of The Constitution
6.) Federalism
Powers of government are distributed between the state and national government
Founders struggled to give the national government enough power without infringing upon the rights of the states
Necessary and proper clause-Gives congress the power to make all laws necessary and proper for carrying into execution the foregoing powers
Supremacy clause- laws passed under the Constitution are the “supreme law of the land”
10th amendment solidifies states’ rights
“The powers not delegated to the United States by the Constitution, nor prohibited by it to states, are reserved to the states respectively, or to the people”
Basically means that the powers that are not specifically assigned to the federal government and the powers that are not allowed to be state powers become state powers

12. Philosophical Origins
John Locke:
Charles Montesquieu:
Thomas Paine:

13. Federalism Federalism
Powers of government are distributed between the state and national government
Founders struggled to give the national government enough power without infringing upon the rights of the states
Necessary and proper clause-Gives congress the power to make all laws necessary and proper for carrying into execution the foregoing powers
Supremacy clause- laws passed under the Constitution are the “supreme law of the land”
10th amendment solidifies states’ rights
“The powers not delegated to the United States by the Constitution, nor prohibited by it to states, are reserved to the states respectively, or to the people”
Basically means that the powers that are not specifically assigned to the federal government and the powers that are not allowed to be state powers become state powers

14. National (Federal) Powers
Expressed Powers
Powers specifically mentioned in the Constitution as belonging to the legislative, executive or judicial branches
Also referred to as Enumerated powers. The term enumerated shows up in Article I of the constitution
REVIEW:
What BRANCH of government is established in Article I of the Constitution??

15. Legislative (Congress) Expressed (Enumerated) Powers
Issue currency
Collect taxes (but does not specify HOW Congress may collect taxes)
Pay government debts
Regulate trade among the states and with other nations
Declare war
Raise and maintain armed forces

16. Executive Expressed Powers (Article II)
President can command the armed forces and conduct foreign relations
Can also veto a congressional bill, but that is mentioned in Article I

17. Judicial Branch
Can rule on Constitutional issues, cases involving the U.S government and disputes among the states
Examples:
Same-sex marriage is legalized across all 50 states, 2015
No recount of the 2000 presidential election was feasible in a reasonable time period, 2000

18. Implied Powers
Not specifically mentioned in the Constitution, but are logical extensions of expressed powers
Example:
Building highways
Income tax*** 16th amendment is a result of the necessary and proper clause…Congress was allowed to tax, but no details on HOW congress could tax the citizens were present in the Constitution

19. Inherent Powers
Powers that have been historically recognized as naturally belonging to any government
Examples:
Power to acquire new territory
Conduct foreign affairs

20. State Powers Reserved Powers/10th amendment/States’ Rights
“The powers not delegated to the United States by the Constitution, nor prohibited by it to states, are reserved to the states respectively, or to the people”
Basically means that the powers that are not specifically assigned to the federal government and the powers that are not allowed to be state powers become state powers
Example:
Establishing public school systems—Is the power to establish public schools an expressed power of the National government? Is the power to establish public schools specifically banned from the states? Also no.
THEREFORE, establishing a public school system is a state power

21. Shared/Concurrent Powers
If the Constitution does not state that a power belongs EXCLUSIVELY to the national government, then the states can exercise that power too
Examples:
Collecting income tax (state and federal income taxes)
Establish courts
Enforce laws

22. Limits on federal powers
Limits are listed in Article I, Section 9
Cannot deny a citizen the right to trial by jury
Cannot grant titles of nobility
Cannot tax exports between states
Cannot pass laws favoring the trade of one state over another state
Cannot spend money unless authorized by Congress to do so
Cannot exercise the powers that are reserved to the states specifically
Also, the Bill of Rights—Basic liberties that cannot be changed

23. Limits on State Powers Article I, Section 10: Cannot coin money
Cannot tax imports or exports from other states
Cannot have its own army
Cannot separately engage in war
Cannot separately enter into a treaty with another state or nation