1. The Constitution

2. Amending the Constitution Step 1: Amendment proposed by – 2/3 vote of Congress – Convention by Congress on petition of 2/3 of the states (never used) Step 2: Amendment ratified by – ¾ of state legislatures – ¾ of ratifying conventions called by states (21 st amendment)

3. Chart of documents influencing the Bill of Rights (p. 64) – Magna Carta – English Bill of Rights

4. Bill of Rights 1791 - states ratified the Bill of Rights 1 st – Freedoms (PAPeRS) – Press NOT subject to prior restraint 4 th – need probable cause, search warrant, arrest warrant 5 th – eminent domain, due process of law

6. Chapter 4 The Federal System

7. Basic Principles Two levels of government – Each assumes power from the people – Each level is considered supreme in the areas of power assigned to it – Each level is protected to prevent the other from exerting too much control Two levels of government – Each assumes power from the people – Each level is considered supreme in the areas of power assigned to it – Each level is protected to prevent the other from exerting too much control

8. Supremacy Clause Article VI, Section 2 Constitution is the Supreme Law of the Land Order of supremacy 1.Constitution 2.Acts of Congress and Treaties 3.State Constitutions 4.State Statutes (laws) 5.City and County Charters Article VI, Section 2 Constitution is the Supreme Law of the Land Order of supremacy 1.Constitution 2.Acts of Congress and Treaties 3.State Constitutions 4.State Statutes (laws) 5.City and County Charters

9. Powers of Government Expressed/Enumerated – stated in Article 1, Section 8 – What are the expressed powers? Implied – those necessary to carry out expressed – Elastic or necessary and proper clause – What are some implied powers? – McCulloch v. Maryland

10. Powers of Government Reserved – powers reserved to states – Amendment 10 Inherent – power gov’t has by being sovereign – Carrying out the purposes of gov’t Concurrent – powers shared by fed. and state

11. Powers of Government handout

12. Role of National and State Government Denied Powers – Power expressly denied in Constitution – Fed. can’t tax exports states can’t sign treaties with other countries – Power denied because Constitution is silent on the matter – public schools – Powers denied because of the structure of the federal system National gov’t can’t levy a tax on state governments or vice versa States can’t declare war Denied Powers – Power expressly denied in Constitution – Fed. can’t tax exports states can’t sign treaties with other countries – Power denied because Constitution is silent on the matter – public schools – Powers denied because of the structure of the federal system National gov’t can’t levy a tax on state governments or vice versa States can’t declare war

13. Power Structure p. 97