1. The Underlying Legal & Political Principles of the Constitution
Level 1
The Underlying Legal & Political Principles of the Constitution

2. Vocabulary
Federalism: a system of government that divides power between a central or national government and states
Separation of Power: divides the government into branches
Checks and Balances: allows each branch of government to limit the other branches powers
Amendment: allows the Constitution to be added to or changed
Bill of Rights: guarantees the rights of the individual

3. Essential Questions
How does the Constitution embody the principles of the Declaration of Independence?
How do federalism and separation of powers promote those principles in the Constitution?

4. The Underlying Legal & Political Principles of the Constitution
1. Federalism:
a system of government that divides power between a central government and states

5. The Underlying Legal & Political Principles of the Constitution
Enumerated and Reserved Powers
Federal Government
Federal and State Governments
State Governments
Enumerated Powers
Concurrent (“Shared”) Powers
Reserved Powers
Regulate interstate and foreign trade
Make laws for citizenship
Make money
Make post offices
Make federal courts
Declare war
Raise and support military
Pass laws necessary and proper for carrying out their powers
Make and collect taxes
Start banks
Take property for public use
Borrow money
Enforce the laws
Make courts
Provide for the general welfare
Make qualifications of voters
Provide for education
Make marriage and divorce laws
Control trade in the state
Have elections
Make local governments
Provide for public safety and morals
table from: p. 45 of Barron’s Review Course Series “Let’s Review: U.S. History and Government” third edition by John McGeehan and Morris Gall (slightly modified)

6. The Underlying Legal & Political Principles of the Constitution
Prohibited Powers (Not Allowed)
Federal Government
Federal and State Governments
State Governments
Powers Denied Federal Government
Powers Denied Federal and State Governments
Powers Denied State Government
Suspend the writ of habeas corpus (having to be tried in court before imprisonment)
Tax exports
Favor one state over another
Take money from treasury without right by law
Pass bills of attainder (allowing people to be imprisoned and found guilty without a trial)
Pass ex post facto laws (try someone for a crime that wasn’t a law when the event was done)
Grant titles of nobility (princes, knights)
Deprive persons of life, liberty, or property without due process of law
Make treaties with other nations or states without consent of Congress
Coin (make) money
Impair obligations of contracts
Tax imports or exports
Keep troops or ships during peace without consent of Congress
table from: p. 45 of Barron’s Review Course Series “Let’s Review: U.S. History and Government” third edition by John McGeehan and Morris Gall (slightly modified)

7. The Underlying Legal & Political Principles of the Constitution
2. Separation of Powers:
Divides the government into three branches
Executive
Legislative
Judicial
Checks and Balances: allows each branch of government to limit the other branches powers

8. appoints ambassadors and other officials foreign policy
Executive Branch (President)
proposes laws
administers laws
commands military
appoints ambassadors and other officials
foreign policy
negotiates treaties
Judicial Branch (Supreme Court)
interprets laws and Constitution
reviews lower-court decisions
Legislative Branch (Congress)
writes laws
confirms Presidential Appointments
ratifies treaties
grants money
declares war
Checks & Balance:
reject appointments
reject treaties
withhold funding
impeach president
override a veto
propose amendments
impeach Supreme Court Justice
reject appointments to Supreme Court
declare executive actions unconstitutional
appoint Judges
declare laws unconstitutional
veto bill
adjourn Congress
(chart slightly modified)

9. The Underlying Legal & Political Principles of the Constitution
3. Provisions for Change:
Amendments make it possible to change the Constitution

10. The Underlying Legal & Political Principles of the Constitution
4. Protection of Individual Rights:
The Bill of Rights guarantees the rights of each person in the U.S.
Use the link to play the Bill of Rights Game
Link is a rap.

11. Essential Questions
How does the Constitution embody the principles of the Declaration of Independence?
How do federalism and separation of powers promote those principles in the Constitution?