Chapter Three and Four
- 2. Key Words • article • jurisdiction • supremacy clause • amendment • popular sovereignty • Federalism • separation of powers • checks and balances • veto • judicial review • expressed powers • enumerated powers • elastic clause • federal bureaucracy • ratify • petition • balanced budget • impeach • treaty • executive agreement • judicial restraint • judicial activism
- 3. Key Words • prior restraint • probable cause • search warrant • arrest warrant • due process of law • eminent domain • lame duck • poll tax • delegated powers • expressed powers • implied powers • elastic clause • inherent powers • reserved powers • supremacy clause • concurrent powers enabling act
- 4. Key Words • extradite • civil law • interstate compact • states’ rights position • nationalist position • income tax • sunset law • sunshine law • bureaucracy • Human Rights • Incorporation • Pure Speech • Symbolic Speech • Seditious Speech • Defamatory Speech • Slander • Libel
- 5. Key Words • Prior Restraint • Sequester • Gag Rider • Shield Laws • Picketing • Heckler’s Veto • Alien • Resident Alien • Non-resident Alien • Enemy Alien • Illegal Alien • Amnesty • Private Law • Naturalization • Jus Soli • Jus Sanguinis • Collective Naturalization
- 6. Key Words • Expatriation • Denaturalization • Exclusory Rule • Consul • Self-incrimination • Double Jeopardy • Affirmative Action • Security Classification System • Transcript • rational basis test • suspect classification • fundamental right • discrimination • Jim Crow laws • separate but equal doctrine • civil rights movement
- 8. Structure • The U.S. Constitution is extremely simple and brief compared to others around the world. • The Framers wisely left it to future generations to work out such details as the need arose. • 7,000 word separated into three parts.
- 9. The Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
- 10. Seven Articles First- Legislative Branch • Make laws • Powers Second- Executive Branch • Qualifications • Electing • Powers
- 11. Articles Three- Judicial Create federal courts Jurisdiction- the authority of the supreme to rule over case. Four- States Relationship to Federal Article of the Constitution that regulates the states' powers, and their interaction with the National government. Five- Amending the Constitution sets up the amendment process.
- 12. Articles Six- Supreme Law of the Land No law can supersede the Constitution (Supremacy Clause) Seven- Ratification 9 out of 12 states have to ratify
- 13. Major Principles 1. Popular Sovereignty- People are the source of governmental power. 2. Federalism- Power is divided between national and state government. 3. Separation of Powers—each branch of government has its own responsibility 4. Checks and Balances- holds some control over the other two branches. 5. Judicial Review- Courts have power to declare laws and actions of Congress and the president unconstitutional. 6. Limited Government- The Constitution limits the powers go government .
- 15. Legislative Branch in the Constitution • The Framers thought the legislative branch would be the most important • The were also very worried of the abuse of power. • That is why many of powers that Congress has are Expressed Powers Expressed Powers directly stated in the Constitution
- 16. Article II • There was no President in the Articles of Confederation, we lead from that mistake! • This branches role is to create out the laws made my Congress. • The President has steadily gained power since the time of George Washington.
- 17. Judicial Branch • Two different systems of courts 1. Federal courts 2. Court in the States • Each one of these systems only has jurisdiction in certain areas Federal Courts • Treaties • Constitution • State to State
- 18. Federal Courts Then and Now • In the 1800, Supreme Court judges were assigned to “ride circuit” which are when they move town to town hearing cases. • The power to declare laws unconstitutional is what gave the Courts their power. What Supreme Court Case gave the court Judicial Review? Marbury V. Madison
- 19. AMENDING THE CONSTITUTION Section Three
- 21. First 2/3 vote in both bodies of Congress. The only one that has been used. Second National convention including all the states with 2/3 vote. Never been used
- 22. Presidential Changes • Presidential Succession- Does the Vice President stay as president until the end of the term or do they just stay their until an election is held. • Foreign Affairs- A President can not sign a treaty with another country with congressional approval, but they can do an executive agreement, which is made directly with another country’s leader.
- 24. NATIONAL AND STATE POWERS Section One
- 25. Key Terms 1. Delegated powers 2. Expressed powers 3. Implied powers 4. Elastic clause 5. Inherent powers 6. Reserved powers 7. Supremacy clause 8. Concurrent powers 9. Enabling act
- 26. The Division of Powers • The Constitution divided government authority by giving the national government certain specified powers and reserving all other powers to the states or to the people. • Federalism- division of government
- 27. The Constitution grants three types of power to the national government: Expressed, implied, and inherent powers. These three are known as delegated powers, powers the Constitution grants or delegates to the national government.
- 28. The expressed powers are those powers directly expressed or stated in the Constitution by the Founders. These are sometimes referred to as enumerated powers. Levy and Collect taxes Make Money Declare War
- 29. Implied Powers are derived from the necessary and proper clause or the elastic clause in the Constitution. These powers are required to carry out the expressed powers that are defined in the Constitution.
- 30. Those powers that the national government may exercise simply because it is a government are its inherent powers. For example: Even though it is not in the Constitution, the national government has the power to control immigration and establish diplomatic relation with other counties.
- 31. The Constitution also reserves certain powers strictly to the states. These are known as reversed powers. • Regulate intrastate commerce • Establish local government systems • Administer elections • Protect the publics health, welfare, and morals.
- 32. Concurrent Powers • The federal government and the states also have certain concurrent powers, those powers that both governments share. • Levy taxes • Borrow money • Spend for general welfare • Establish courts • Enact and enforce laws
- 34. RELATIONS AMONG THE STATES Section Two
- 35. Interstate Relations 1. Full Faith and Credit Clause, which means to respect the laws, records and court decision of the other states. 2. All the citizens have the same privileges and immunities 3. Extradite-send back criminals to the state they fled from.
- 36. Constitutional Provisions • The expansion of the national government’s powers has been based on three major constitutional provisions 1. War Powers 2. Commerce Power – Commerce means nearly all activities concerning buying, selling, and transporting of goods. 3. Taxing Power – Income tax is a major source of funding for the national government (16 Amendment)
- 37. Full Faith and Credit Clause • This means that all CIVIL LAWS in a state must be accepted by all the other states. Not criminal laws. Ex. Registering Your Car