What is the basic structure of the constitution?

How did the Founders hope to prevent any one branch of government from gaining too much power?

Why did the Framers feel that one branch having too much power was detrimental to our republic?

Why did the Constitution specifically describe the powers of Congress, but remain vague about the powers of the president?

Which of the three branches of government seems to have the most power today?

What is the chief function(s) of each of the three branches?

Briefly describe the differing proposals for the model of our Constitution.

What is the basic structure of the constitution?

How did the Founders hope to prevent any one branch of government from gaining too much power?

Why did the Framers feel that one branch having too much power was detrimental to our republic?

Reading: All of chapter 2 in AP text (green)

Writing assignment: Choose a position, either strictly or loose constructionist of our Constitution. Comment upon how the Constitution remains relevant today or has lost relevance. Be sure to tie into current issues and events for maximum credit.

CONSTITUTION

People are the ultimate source of power

“We the People”Consent of the governed

Gvt may ONLY have the power given it by the people

ConstitutionalismNo one is above the law; no one is above the Constitution

3 branches of gvtEach branch has powers the other two cannot have

Congress makes laws; President enforces laws; Court interprets laws, judges constitutionality

Each branch is subject to a number of restraints by other branches

Congress passes laws/Pres can veto laws/courts can declare laws unconstitutional

Judicial branch power to determine if law follows constitution

Determined by Marbury v Madison, 1803, Chief Justice John Marshall

Division of powers between central gvt and local gvt

Some powers belong to central gvt only; some to states only; some are shared

How does the amendment process illustrate federalism?

What are the primary ways that informal changes are made in the Constitution?

Why is it important in a democratic society for government to follow due process of law when trying suspected criminals?

How do the amendments to the Constitution show the development of democracy in the United States?

How does the amendment process illustrate federalism?

What are the primary ways that informal changes are made in the Constitution?

Why is it important in a democratic society for government to follow due process of law when trying suspected criminals?

How do the amendments to the Constitution show the development of democracy in the United States?

1st Process: 2/3 vote both houses of Congress; then

¾ of state legislaturesNow 38 states

2nd Process: Proposed by Congress, then

Ratified by ¾ of states in special conventions

3rd Process: Proposed by national convention called by Congress at request of 2/3 of state legislatures

¾ approval of state legislatures required

4th Process: Proposed by national convention, then

Ratified by conventions in ¾ of states

27 Amendments, last in 1992

First 10 Amendments, 1791: Bill of Rights

Post-Civil War: 13th, 14th, 15th

1. Basic legislation by Congress

2. Presidential action3. Supreme Court Action4. Political party activities5. Custom

Written constitution provides division of powers on territorial basis

USA: two levels of gvt, national and state

Division of powers: some powers belong to state, some to national gvt, some are shared

Local actions in areas of local concern

National gvt (Washington D.C.)-delegated powers: only can have power specifically granted by Constitution

Expressed powers: powers listed explicitly in Constitution

Examples: coin money, collect taxes, declare war, make peace treaties

Implied powers: not listed but implied by Constitution

Necessary and Proper Clause “elastic clause”

Examples: labor management,

Examples: building flood control and hydroelectric dams, interstate highway system, regulating air traffic, regulating telecommunications

Inherent Powers: not explicit in the Constitution, but powers belonging naturally to any sovereign state

Examples: regulate immigration

Examples: acquire territory, grant diplomatic recognition, protect against rebellion or subversion

What are the differences between the expressed and implied powers?

How does the overall power of the national government compare to that of states?

What provisions in Article IV of the Constitution attempt to provide for cooperation among the various state governments?

What are some of the purposes of interstate compacts?

What are the differences between the expressed and implied powers?

How does the overall power of the national government compare to that of states?

What provisions in Article IV of the Constitution attempt to provide for cooperation among the various state governments?

What are some of the purposes of interstate compacts?

1. Exclusive powers: belong only to national gvt (coin money)

2. Concurrent powers: both national and states (taxation)

3. States’ Powers: belong only to state (marriage, education, etc)

Examples: regulate liquor sales, marriages and divorces, births and deaths, traffic laws, education laws

Prohibited to national gvt

States’ powers: reserved powers-all powers not belonging to national (“federal”) gvt

10th Amendment

Disputes between national and state gvt, or between states: settled by Supreme Court under Constitution-”Supreme Law of the Land”

National gvt must guarantee Republican Form of Gvt

Protect against invasionProtect against domestic violence

Only Congress has powerTerritory petitions CongressCongress passes Enabling Act-frame state constitution

State voters approve constitution

State constitutions must not violate US Constitution

Congress passes act of admission

President signs act of admission

Grants-in-aid programs: money from national gvt to states

Categorical grants: specific purposes (education, police)

Block grants: more broadly defined, few strings attached

Project grants: specific programs states apply for

Interstate compacts: agreements among states in response to shared problems

Full Faith and Credit Clause: each state honors laws, records, and court decisions

Ex.: if you’re married in Vegas, you’re married in TX

Privileges and Immunities Clause: No state may discriminate against citizen of another state

Ex: courts, travel, property

Extradition: fugitive from justice must be returned to the state from another for trial

Ex: DC snipers

Create a graphic of your own choosing that illustrates the full amendment process.

Give a ‘proposal’ of what the next amendment SHOULD be. Keep in mind the powers given to the federal government!

Be illustrative!! Either draw or use cut-out pictures from magazines!!!

Be creative and make it look great.

Compare the view of the federal government as seen by a states’ rightist and a nationalist?

What events show that federalism has been dynamic rather than static since the 1960s?

How has federalism benefited the two-party system?

What advantages does federalism provide a person who may be dissatisfied with conditions in his or her home state/area?

Compare the view of the federal government as seen by a states’ rightist and a nationalist?

What events show that federalism has been dynamic rather than static since the 1960s?

How has federalism benefited the two-party system?

What advantages does federalism provide a person who may be dissatisfied with conditions in his or her home state/area?

The framers of the United States Constitution created a legislative system that is bicameral. However, it is not just bicameral; the framers also established two houses of distinctly different character and authority.◦ (a) Discuss two reasons why the framers created a

bicameral legislature.◦ (b) Identify one power unique to the House of

Representatives and explain why the framers gave the House that power.

◦ (c) Identify one power unique to the Senate and explain why the framers gave the Senate that power.

FEDERALISM, DIVISION OF POWERS

ADMITTING NEW STATESNATIONAL-STATE COOPERATION

INTERSTATE RELATIONS