Unit 2: The Constitution and Federalism (Ch.

3 4)
Objective 3 (2a)!
Explain the fundamental principles upon which the U.S. Constitution is based, including the rule of
law, popular sovereignty, separation of powers, checks and balances, judicial review, limited
government, and federalism.
. !he Constitution sets out basic principles upon which the government of the U.S. was built and
operates.
". #t lays out the basic framework and procedures of our government, and sets out the limits
within which the government must conduct itself.
"asic #rinci$les o% the Constitution!
. &ule o% 'a( $ concept that means everyone, including gov%t officials, is subject to laws.
Concept is known as Constitutionalism.
&overnment and government officials powers are limited by law.
". #o$ular )overei*nt+ $ belief that political power rests with the people.
&overnment can only rule with the consent of the people.
'. )e$aration o% #o(ers $ idea was written into the constitutions of most the states during
(evolution.
)ramers wanted to created strong central government but also wanted to limit it%s power.
!his is the purpose of separation of powers.
*. Chec,s and "alances $ Each branch is subject to Constitutional checks by the other
branches.
Each branch has powers to check the operations of the other branches.
+. -udicial &evie( $ Courts have power to determine constitutionality of government actions.
./03 $ Marbury v. Madison established the doctrine of judicial review.
,. Federalism $ division of power among a central government and several regional gov%ts.
)ederalism was a compromise between those who wanted national government to have
supreme power and those who supported state sovereignty.
Objective 4 (2b)!
#llustrate the relationship between the three branches of government in a system of checks and
balances, separation of powers as developed by -ontes.uieu in the Spirit of Laws.
Chec,s and "alances!
. )ramers intended checks and balances system to prevent an unjust combination of the
majority.
". !he /ational government is organi0ed around ' separate branches.
'. !hey are not entirely separated nor completely independent.
*. !hey are tied by a system of Checks and 1alances which means each branch is subject to
constitutional restraints by other branches.
+. Congress has the power to make laws.
,. 2resident can 3eto them.
4. Congress can override veto by "5'rds vote in each house.
6. Congress can refuse funds re.uested by 2resident.
7.Senate may refuse to approve treaties or appointments made by 2resident.
8. 2resident is Commander in Chief but Congress provides military force and only Congress can
declare war.
. Courts have power to determine constitutionality of laws and acts of Congress and 2resident.
". 9ouse can #mpeach 2resident :" times, 6,6 and 776;.
'. )ederal judges can also be impeached.
*. Checks and balances system makes compromise necessary.
+. <orks smoother when party of 2resident controls both houses of Congress.
,. 2artisan friction is normal when " parties each control one branch.
)e$aration o% #o(ers=
. #n a 2residential system, there is a separation of powers in government.
". !he )ramers wanted a strong central government but wanted to limit it%s power.
'. 1rticle 23 )ection . gives legislative powers to Congress.
*. 1rticle 223 )ection . gives Executive 2owers to 2resident.
+. 2resident has power to enforce and carry out laws.
,. 1rticle 2223 )ection . gives judicial powers to Supreme Court and inferior courts established by
Congress.
4. )ederal Courts have power to interpret and apply laws in cases brought before them.
Objective (2c):
>naly0e the concept of ?udicial (eview established by Chief ?ustice ?ohn -arshall in Marbury v.
Madison :p. +6;
. Case established the Supreme Court%s power of judicial review.
". &ave S.C. the power to determine the constitutionality of a governmental action.
'. !his power extends to the actions of all governments in the U.S., national, state and local.
Objective 4 (2d)!
#dentify the structure of the Constitution, including the preamble, the seven articles, and the
amendments.
. !he #reamble is a short introduction.
". 567 T87 #7O#'7 of the United States, in order to form a more perfect Union, establish
?ustice, insure domestic !ran.uility, provide for the common defense, promote the general
<elfare, and secure the 1lessings of @iberty to ourselves and our 2osterity, do ordain and
establish this Constitution for the United States of >merica.%
'. 2reamble states that the broad purposes of the Constitution is intended to serveAto establish a
government that provides for greater cooperation among States, ensures justice and peace,
provides for defense against foreign enemies, promotes general welfare, and secures liberty
now and in the future.
*. 567 T87 #7O#'79 emphasi0es the twin concepts of popular sovereignty and representative
government.
1&T2C'7)B
. !here are 4 articles to the Constitution.
". >rticles A' deal w5the ' branches and the )ederal Courts.
'. 1rticle 2 deals with Congress
*. 1rticle 22 deals with the Executive :2res. and 3.2.;
+. 1rticle 222 deals with the ?udicial 1ranch.
,. 1rticle 2: deals w5States and their relationship w5the /ational &overnment and one another.
4. 1rticle : explains how to amend the Constitution
6. 1rticle :2 declares the Constitution as the nation%s Supreme @aw.
7. 1rticle :22 provides for the ratification of the Constitution.
8. !he 2; 1mendments deal with issues that have arisen over the history of the U.S.
Objective ; (2e):
State the purpose of government as given in the preamble of the Constitution.
5establish -ustice3 insure domestic Tran<uilit+3 $rovide %or the common de%ense3
$romote the *eneral 6el%are3 and secure the "lessin*s o% 'ibert+9
#n other words=
Cto establish a government that provides for greater cooperation among States, ensures justice
and peace, provides for defense against foreign enemies, promotes general welfare, and secures
liberty now and in the future.
Objective / (2%)!
Discuss the basic functions of the three branches of government.
2. 'e*islative: Congress
=embers o% Con*ress $la+ major roles:
. @egislators
". (epresentatives of their constituents.
'. Committee -embers $ >ll serve on certain committees to discuss proposed laws
regarding that committees area.
*. Servants $ Congresspersons try to help constituents deal with federal bureaucracy
regarding their problems.
+. 2oliticians A experienced in politics
22. 7>ecutive "ranchB !he 2resident must fill many different roles=
. Chie% o% )tate $ ceremonial head of the government.
". Chie% 7>ecutive $ 9e is the holds all Executive 2ower of the United States.
'. Chie% 1dministrator $ head of the entire executive branch which includes all
government agencies.
*. Chie% ?i$lomat $ main architect of U.S. )oreign policy. Chief spokesperson of the
country to the rest of the world.
+. Commander in Chie% $ head of all U.S. >rmed )orces.
,. Chie% 'e*islator $ main architect of U.S. public policy. Sets overall congressional
agenda. 9e suggests what major legislation should be about.
4. #art+ Chie% $ @eader of his political party.
6. Chie% Citi@en $ E(epresentative of all the people.F 9e is expected to work for the
people of the U.S. against private interests.
222. -udicial "ranchB interprets the law
1rticle 2223 )ection ., gives Congress the power to create a Supreme Court and Esuch inferior
courts as the Congress may from time to time ordain and establish.F
. Supreme Court and #nferior Courts
". U.S. has a dual court system, )ederal, :over 88 Courts;, and State courts.
'. #nferior courts try most cases tried in )ederal Courts.
*. )ederal Courts try cases that .uestion constitutionality of law and those in which
federal law is applied and5or interpreted.
+. !hey interpret laws and apply them to certain situations.
Objective A (2B):
Explain the relationship and balance of power between the states and the national gov%t in a
federal system, and analy0e the importance of the Supremacy Clause in >rticle 3#, and the role of
the Constitution as the supreme law of the land, as established by -cCulloch v. -aryland :67;.
. !he Constitution provides for a ?ivision o% #o(er between the /ational &overnment and the
States.
". Federalism produces a dual system of government, " basic levels, each w5it%s own authority.
'. #t allows local action in matters of local concern and national action in matters of national
concern.
*. )u$remac+ Clause=
+. 1rticle :23 )ection 2 states that the Constitution and the laws and treaties of the U.S. are the
Esupreme @aw of the @and.F
,. -eans Constitution stands above all other forms of law in the U.S.
4. Supremacy Clause joins /ational &ov%t and States into a single governmental unit.
6. ./.A $ McCulloch v. Maryland $ Supreme Court overturned decision of a -aryland court and
prohibited a state from taxing an entity of the )ederal &overnment.
7. Chie% -ustice -ohn =arshall applied the Supremacy Clause in the decision.
.0. 7stablished the $recedent that Constitutional la( overshado(s )tate la(.
Objective .0 (2h):
Classify the categories of powers, including reserved, inherent, denied, concurrent, and delegated
powers, that are exercised by various levels of government, and assess the role of the necessary
and proper clause and the 8th amendment in the struggle between states and the national
government.
.. #o(ers o% the Cational Bovernment!
A/ational &overnment has ?ele*ated #o(ers. :only those powers granted to it in the
Constitution.;
2. 3 t+$esB
. 7>$ressed #o(ers $ powers spelled out in the Constitution.
>lso called Enumerated 2owers.
1rticle 23 )ection /, lists "4 expressed powers to Congress.
>rticle ##, Section ", gives several powers to the 2resident.
". 2m$lied #o(ers $ 2owers not stated in the Constitution. !hey are suggested.
1rticle 23 )ection /, Clause ./, is the /ecessary and 2roper Clause.
Cecessar+ and #ro$er Clause is also known as the 7lastic Clause.
!here are thousands of examples of the governments use of the Elastic Clause.
'. 2nherent #o(ers $ 2owers the /ational &overnment has simply because it is a sovereign
state in the world. /ot expressed in Constitution.
AExamples includeB regulation of immigration, ac.uire territory, protect the nation against
rebellion
AConstitution also denies certain powers to /ational &overnment.
ASome are expressly denied. :power to tax exports, establish religion, deny a speedy trial;
ASome are denied by silence of the Constitution. :public schools, marriage and divorce laws,
local government establishment;
ASome are given to States.
)tates $ 8th >mendment gives states (eserved 2owers.
&eserved #o(ers are those the Constitution does not grant to the /ational &overnment.
A-ost of what is done in the U.S. is done by State governments.
AExB those under " cannot buy alcohol, permit forms of gambling, re.uirement of licenses
:lawyers, doctors, hair stylists;, public schools, etc.
Constitution does deny some powers to States.
Ex.= cannot make treaties w5 foreign nations, print money, etc.
Concurrent #o(ers:
/ational and State governments have some of the same powers.
ExB power to tax, borrow money, establish courts, define crimes and punishment.
Objective .. (2i):
Describe the relationship between states as prescribed in >rticle #3 of the Constitution, including the
full faith and credit clause, the privileges and immunities clause, and the extradition clause.
1. >rticle #3 of the Constitution deals with relations among States.
2. !he Constitution strengthened the /ational &overnment which greatly lessened many frictions
between States. 2articularly interstate commerce.
1. !here are now hundreds of #nterstate Compacts between States.
1. Full Faith and Credit Clause $ E)ull )aith and Credit shall be given in each State to the public
>cts, (ecords, and judicial 2roceedings of every other State.F
. 1rticle 2:3 )ection .: )ull )aith and Credit is regularly observed between States regarding
deeds, divorces, birth certificates, etc.
1. >pplies only in civil matters, not criminal. Gne state cannot enforce another state%s criminal
laws.
#rivile*es and 2mmunities Clause:
AEach State must recogni0e the right of any >merican to travel in or become a resident of that
State.
A-ust allow any citi0ens, regardless of where they live, to use their courts.
AEmployers cannot be forced to hire only people from certain States.
AStates can charge out of State fees.
7>tradition Clause $ allows a fugitive in one State to be returned to another.
ADesigned to prevent a person from escaping justice by fleeing a State.