1. Unit 2: The U.S. Constitution
Government
Unit 2: The U.S. Constitution

2. 5 Basic Principles Federalism Checks and Balances Separation of Powers
Limited
Government
Popular
Sovereignty

3. The U.S. Constitution
The Constitution establishes rules that the govt. must observe.
5 Principles:
1 Popular Sovereignty- authority comes from the people. Voting is an expression of that authority.
2 Limited Govt.- restrictions placed on govt. to protect people from abuses.
3 Separation of Powers- 3 branches w/ equal power levels.
4 Checks and Balances- divides authority by allowing each branch to restrain the power of the other two.
5 Federalism- Power distributed between national, state, & local government (hamburger)

4. Popular Sovereignty
The government’s authority is granted by the people
The Preamble states: “We the People...”
No one has a birth right to rule. WE allow them to GOVERN through public elections

5. Limited Government
Each section, or ARTICLE, has the powers and limitations of the government
Examples: The government cannot grant titles like knights or Dukes. The gov’t. cannot violate liberties like free speech.

6. Separation of Powers
No single part of the gov’t. has more power than the other.
The first 3 Articles set up a branch of the gov’t.
Article 1: Legislative Branch: Congress contains the Senate and the House of Representatives.
Article 2: Executive Branch: President, Vice President, and the Cabinet
Article 3: Judicial Branch: Federal Court System

7. Checks and Balances No one branch can have more power than the others
The President can VETO or reject a bill
Congress can override a veto with 2/3 vote, Congress has the “Power of the Purse”
Federal Courts have JUDICIAL REVIEW, the power to review laws or actions and decide if they are legal. If it violates the Constitution it is UNCONSTITUTIONAL

8. Federalism The Constitution protects the rights of the states
The power is divided up between the National and State governments.
STATE
Anything not expressly granted to the national gov’t
State Powers: Marriage Laws, Education, and state highways.
NATIONAL
Sign treaties, coin money, and engaging in war

9. What do you call a law that violates the Constitution?
QUIZ
What do you call a law that violates the Constitution?
What is the principle that distributes power between the nation, states, and local gov’t?
What principle divided the national gov’t. into 3 branches?
What are the sections of the Constitution called?
Does anyone have the birth right to govern in the U.S.?
Unconstitutional
Federalism
Separation of Powers
Articles
NO!

10. Amending The Constitution
Any change to The Constitution is called an AMENDMENT.
To amend The Constitution a formal process must be followed.
Article V explains the process of amending The Constitution.

11. How to Amend: Proposing
A vote in Congress
The proposition must be passed with 2/3 of both houses voting in favor
House- 240 votes
Senate- 67 votes
National Convention
2/3 (34 states) of the States’ Legislature asks Congress to meet and discuss the proposal
Has never happened: fear that the convention might look to revise the whole document

12. How to Amend: Ratifying
States’ Legislature
- At least ¾ of the states’ legislatures must approve the amendment (38 States).
Special Conventions
Special conventions in ¾ (38 States) must approve.
The 21st Amendment was ratified this way, this repealed the 18th Amendment.

13. Brief Overview of the Amendments
Protect Individual Freedoms
The fist 10 Amendments, also known as THE BILL OF RIGHTS.
Voting and Other Rights
13th, 14th, 15th Amendments are called the Civil War Amendments: Granted African Americans citizenship and expanded voting rights
19th granted women the right to vote
26th lowered the voting age to 18
Expanding Powers
- 16th established the national income tax

14. Warm Up Quiz
What are the 5 liberties protected under the 1st Amendment?
What Amendments are known as the Civil War Amendments?
What right does the 2nd Amendment protect?
What Amendment lowered the voting age to 18 years old?
Which was the women’s voting Amendment?
Religion, Assembly, Speech, Press, Petition
13, 14, 15
Right to Keep and Bear Arms 26 19

15. Federalism McFederal Burger Federalism Power is shared National Level
Top Bun=National
State level
Local level
Burger=State
Remember the burger for the 3 levels of Federalism
Bottom Bun= Local
Unitary System
Confederal System
Independent states that share representation
Central Govt. holds all power

16. Powers & Responsibility
Expressed powers: Powers that are specifically given to the Federal Gov’t. (Coin money, declare war)
Implied powers: Powers that are suggested by the expressed powers (Congress used its power to levy taxes to establish the IRS)
Elastic Clause: Grants Congress to do what is “necessary and proper” to use its expressed powers
Inherent Powers: Powers that naturally belong to any gov’t (acquiring new territory; Alaska was bought from Russia)

17. Other Powers
Reserved powers: Powers that are given to the states. (10th Amendment: powers not given to the national gov’t or forbidden by the Constitution are reserved for the states)- make local gov’t, public schools, work permits.
Concurrent powers: powers both national and states have (collect taxes, establish courts, establish banks)

18. Powers Denied Federal States Denied to Both Tax exports Coin Money
Deny Individual Rights
Make Treaties
Establish monarchy
Enter War
Use powers not granted by the Constitution
Interstate trade without Congress’ approval
Create Nobility

19. Responsibilities Federal gov’t: States: ensures that all
states have a republican
(representative) gov’t,
protect from
violent actions (invasion),
disaster relief
(Hurricane Rita)
States:
responsible to the Federal
gov’t- establish voting
districts, establish
presidential electorates,
and pay the cost
of running elections:
FYI- there are NO national
elections in The U.S.

20. Federal Court
Supremacy Clause: the Constitution is the supreme law of the land
Since the states are part of the union they agree the Federal gov’t is the boss.
Federal Courts have the authority to resolve conflict against and between states and against the U.S. gov’t.

21. Grants
Grants-in-aid: Federal money and resources used to pay for local activities- Federal land given to the states for schools (Ohio State, Texas A&M, Colorado State).
Categorical Grants: funds used in certain categories- airports, fighting crime, disaster relief.
Block Grants: funds with broad instructions like “neighborhood improvement.” More freedom. Spend how the state wishes.

22. Federal Mandates
Federal mandates: requirements the federal gov’t imposes on the states- OSHA: safe workplace
Example:
Some are “optional”- (Drinking age):
Louisiana had a low legal age, it also
needed to repair I-10,
Fed. gov’t. said only they could
have money if they raised their age to 21.
They did, so I-10 was fixed.

23. Relations Among the States
Admitting new states: Congress has the power to admit new states
Enabling Act: A law that tells the territory to draft a Constitution that sets up a republican system
Act of Admission: once the new Constitution is written & approved Congress grants statehood

24. The States Must Play Nice
Full faith & credit: States observe other states’ civil laws
Civil Law: laws that govern relationships between individual parties and define person rights
Criminal Laws: forbid and punish certain activities- murder & theft (states do not have to honor other states’ criminal laws)
Must honor other states’ official documents (Drivers License & wills)

25. Extradition & Interstate Compacts
Extradition: States send criminals and suspects back where the crime happened
Interstate Compacts: Agreements between states (flood control)
Extradition has been called the “long-arm” statute