1. Warm up
Which of the following is the most likely consequence of divided government?
A) Reorganization of the federal bureaucracy
B) Conflicts between states
C) Delays in confirmation of federal court nominees
D) Conflicts between national gov and states
E) Elimination of the seniority rule in Congress

2. Checks and Balances Chart

3. Judicial Review
The Framers did not specifically entrust the power to decide if officials were following the Constitution to any branch
In court, what do judges refer back to as a reason that they can do something?
This is one way that the Constitution can be changed.

4. Marbury v. Madison (1803)
Jefferson beats Adams in the election of 1800
Congress creates 59 new federal courts
What are they able to do?
Not all of the commissions were delivered before Jefferson was inaugurated
Jefferson didn’t have them delivered
Marbury wanted the SC to order a writ of mandamus

5. The Decision Marbury should get his commission
“The Constitution is law; judges – not legislators or executives – interpret law; therefore, judges should interpret the Constitution.”
Impact: Set up Judicial Review
Strengthened the SC. Allowed it to declare acts of other branches unconstitutional.

6. Changing the Constitution
What is the main focus of the Constitution and the Bill of Rights?
How can a document that was written 230 years ago still be effective today?
Why did the framers take the power to change the Constitution out of the hands of the president?

7. Proposing Amendments Thousands introduced, only a few are proposed
2/3 vote of both houses of Congress
31 proposed amendments, 27 ratified
By constitutional convention called by congress at the request of 2/3 of the state legislatures
Never been used

8. Ratifying the Constitution
Approval by ¾ of the state legislatures
Used on all except one
Approval by ¾ of the state ratifying conventions
Used for the 21st Amendment
Repealing prohibition

9. Key points
How does the ratification require the support of supermajorities?
How does the ratification show federalism?

10. Informal methods Congressional Legislature Cabinet Creation
Defined and Expanded the Commerce Clause
Executive Actions
Sending troops without declaring war
Executive Agreements

11. Informal Methods Judicial Review Political Party Practices
Presidential Nomination Conventions
Unwritten Traditions
Senatorial courtesy for SC nominees

12. 3 Systems of Government Unitary
The central government has all the power
Confederate
The central government has limited power over the states
Federal
Power is divided between a central and regional government

13. Federalism Who had the power during the Articles of Confederation?
Why did Constitutional Convention NEED to write a new constitution?
Why didn’t the CC want a unitary gov?
Why did the people at the CC want to maintain state’s rights?

14. Federalism How does federalism prevent tyranny in a government?
What problem can come out of a federal system?
Why would the framers have viewed this as a positive?

15. Federalism How does federalism allow for unity without uniformity?
How does federalism encourage experimentation?
How does federalism keep the government closer to the people?

16. The federal government is interfering too much in state and local matters.
Yes or No
Take a minute to decide your stance.
Split up into groups and write down a list of reasons and evidence to defend your stance.

17. Enumerated (Expressed) Powers
The central government is given certain powers
What are some examples?
The states are prohibited from encroaching on national powers
What are some examples of things that states can’t do?
What is the supremacy clause?

18. 4 constitutional pillars
The Supremacy Clause
National laws > Local laws
The War Power
The Power to Regulate Commerce
The Power to Tax and Spend

19. Commerce and Taxes
What does the power to regulate commerce allow the government to do?
What is something that the government regulates that fits into this category?
How can the government use the power to tax and spend to effect things outside their jurisdiction?
Federal Mandate

20. Implied Powers Powers that are not listed
What is the Necessary and Proper Clause?
Allows the government to meet problems the Framers could not anticipate
Examples: Creating banks, Drafting

21. Reserved Powers Powers that are reserved for the states
10th Amendment – “The powers not delegated to the US by the Constitution…are reserved to the States.”
What are some examples?

22. Concurrent Powers
Things that both the state and national government do
What are some examples?
What if a state’s taxes interfere with a national tax? Who decides if this is happening?
What are some things that states cannot do?

23. Review How are can the Constitution be changed?
What are the 3 systems of government?
What are expressed, implied, concurrent and reserved powers?
What is the Supremacy Clause?
What is the Necessary and Proper Clause?

24. Read for Wed. Page 64-67 Stop at the 14th Amend. And state discretion
Federalist 51