1. Chapter 3-4
The Constitution

2. Outline of the Constitution (p. 758)
Preamble
Articles 1-7
Article I – legislative
Article II – Executive
Article III – Judicial
Article IV – Relations among the States
Article V – Provisions for Amendments
Article VI – Public Debts; Supremacy of National Law; Oath
Article VII – Ratification of Constitution
Amendments

3. Basic Principles: Popular Sovereignty Limited Government
Separation of power
Checks and Balances
Judicial Review
Federalism – Shared Power
National and State

4. Checks and Balances

5. Formal Amendment Process
The Framers knew that even the wisest of Constitution makers cannot build for all time. Thus, the Constitution provides for its own amendment – that is, for changes in its written words.
Four possible methods of Formal Amendments – changes or additions that become part of the written language of the Constitution itself.

6. Formal Amendments: Why is it Important?

7. Federalism and Popular Sovereignty
The Amendment Process is a Federal and State process.
Two steps shared between State and Federal governments.

8. Proposed Amendments:
More than 10,000 joint resolutions calling for amendments to the Constitution have been proposed in Congress since 1789.
33 Have been sent on to the States
27 Have been finally ratified

9. The E.R.A.
The E.R.A. proposed by Congress in 1972 fell three States short of ratification and died in 1982.
An amendment to give the District of Columbia seats in Congress was proposed in 1972; it died in 1985

10. The 27 Amendments The Bill of Rights – First ten Amendments
The Later Amendments

12. Informal Amendments: The Passage of Basic Legislation
Actions Taken by the President
Key decisions by the Supreme Court
Activities of Political Parties
Custom

13. Chapter 4
Federalism

14. Section 1 Objectives
Define federalism and explain why the Framers chose this system of government
Identify powers delegated to and denied to the National Government, and powers reserved for and denied to the States
Understand that the National Government holds exclusive powers; it also holds concurrent powers with the States

15. Why Federalism?? Strong – yet provide and preserve strength to States
Federalism defined:
Divided power between National Government and State governments

16. Powers of the National Government
The Expressed Powers: Enumerated, written, spelled out
Example: Article 1, Section 8, Clause 1-17 (p. 764)

17. The Implied Powers
Reasonably suggested, Necessary and Proper Clause, Elastic Clause
Article 1, Section 8, Clause 18 (p. 765)
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department of Officer thereof.

18. The Inherent Powers Powers inherent to all world governments:
Immigration
Regulation of Foreign Trade
Acquiring of Territory

19. Powers Denied to the National Government
Powers to Levy duties on exports
Powers to prohibit freedom of religion, speech, or assembly
Conduct illegal searches or seizures
Deny speedy and public trials
Create public school system
Marriage and divorce laws
Congress cannot tax any States or local units of government

20. Powers Reserved to the States
Powers not granted to National Government, yet not denied to the States.
10th Amendment (p. 773)
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

21. Powers Denied to the States
No State can enter into any treaty, alliance, or confederation.
No State can print or coin money
No Sate can deprive any person of life, liberty, or property without due process of law
No State can tax any of the agencies or functions of the National Government
No State can violate its own State Constitution

22. The Exclusive and Concurrent Powers

23. The Federal System and Local Governments
We have thousands of local governments yet ultimately two forms – States and National

24. The Supreme Law of the Land
The Constitution , laws and treaties are the supreme law of the land. Constitution stands above all other forms of law.
Supremacy Clause
“Linchpin of the Constitution” It joins the National Government and the States into a single government unit

25. The Division of Power Between the National Government and the States
Delegated powers of the National Government
?________
Powers Denied the States C F E D

26. Supreme Court and Federalism
McCulluch vs. Maryland (p. 95)