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Focus Questions 3-1 (p. 63)

Focus Questions 3-1 (p. 63). 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?.

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Focus Questions 3-1 (p. 63)

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  1. Focus Questions 3-1 (p. 63) • 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?

  2. Focus Questions 3-2 (p. 68) • 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?

  3. AP Focus Questions 2-1 (p. 27) • 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?

  4. AP Unit 2 • 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.

  5. THE CONSTITUTION

  6. SIX PRINCIPLES OF THE CONSTITUTION

  7. 1. POPULAR SOVEREIGNTY • People are the ultimate source of power • “We the People” • Consent of the governed

  8. 2. LIMITED GOVERNMENT • Gvt may ONLY have the power given it by the people • Constitutionalism • No one is above the law; no one is above the Constitution

  9. 3. SEPARATION OF POWERS • 3 branches of gvt • Each branch has powers the other two cannot have • Congress makes laws; President enforces laws; Court interprets laws, judges constitutionality

  10. 4. CHECKS AND BALANCES • Each branch is subject to a number of restraints by other branches • Congress passes laws/Pres can veto laws/courts can declare laws unconstitutional

  11. 5. JUDICIAL REVIEW • Judicial branch power to determine if law follows constitution • Determined by Marbury v Madison, 1803, Chief Justice John Marshall

  12. 6. FEDERALISM • Division of powers between central gvt and local gvt • Some powers belong to central gvt only; some to states only; some are shared

  13. Focus Questions 3-3,4 (p. 76) • 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?

  14. AP Focus Questions 2-2 (p. 27) • 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?

  15. FORMAL AMENDMENT • 1st Process: 2/3 vote both houses of Congress; then • ¾ of state legislatures • Now 38 states

  16. FORMAL AMENDMENT • 2nd Process: Proposed by Congress, then • Ratified by ¾ of states in special conventions

  17. FORMAL AMENDMENT • 3rd Process: Proposed by national convention called by Congress at request of 2/3 of state legislatures • ¾ approval of state legislatures required

  18. FORMAL AMENDMENT • 4th Process: Proposed by national convention, then • Ratified by conventions in ¾ of states

  19. AMENDMENTS • 27 Amendments, last in 1992 • First 10 Amendments, 1791: Bill of Rights • Post-Civil War: 13th, 14th, 15th

  20. INFORMAL AMENDMENT • 1. Basic legislation by Congress • 2. Presidential action • 3. Supreme Court Action • 4. Political party activities • 5. Custom

  21. FEDERALISM • Written constitution provides division of powers on territorial basis • USA: two levels of gvt, national and state

  22. FEDERALISM • Division of powers: some powers belong to state, some to national gvt, some are shared • Local actions in areas of local concern

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

  24. FEDERALISM • Expressed powers: powers listed explicitly in Constitution • Examples: coin money, collect taxes, declare war, make peace treaties

  25. FEDERALISM • Implied powers: not listed but implied by Constitution • Necessary and Proper Clause “elastic clause” • Examples: labor management,

  26. Implied Powers cont. • Examples: building flood control and hydroelectric dams, interstate highway system, regulating air traffic, regulating telecommunications

  27. FEDERALISM • Inherent Powers: not explicit in the Constitution, but powers belonging naturally to any sovereign state • Examples: regulate immigration

  28. Inherent Powers cont. • Examples: acquire territory, grant diplomatic recognition, protect against rebellion or subversion

  29. Focus Questions 4-1,2 (p. 95) • 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?

  30. AP Focus Questions 2-3 (p. 27) • 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?

  31. FEDERALISM • 1. Exclusive powers: belong only to national gvt (coin money) • 2. Concurrent powers: both national and states (taxation)

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

  33. States’ Reserved Powers • Examples: regulate liquor sales, marriages and divorces, births and deaths, traffic laws, education laws • Prohibited to national gvt

  34. FEDERALISM • States’ powers: reserved powers-all powers not belonging to national (“federal”) gvt • 10th Amendment

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

  36. GUARANTEES TO THE STATES • National gvt must guarantee Republican Form of Gvt • Protect against invasion • Protect against domestic violence

  37. ADMITTING NEW STATES • Only Congress has power • Territory petitions Congress • Congress passes Enabling Act-frame state constitution • State voters approve constitution

  38. ADMITTING NEW STATES • State constitutions must not violate US Constitution • Congress passes act of admission • President signs act of admission

  39. COOPERATION • Grants-in-aid programs: money from national gvt to states • Categorical grants: specific purposes (education, police)

  40. COOPERATION • Block grants: more broadly defined, few strings attached • Project grants: specific programs states apply for

  41. INTERSTATE RELATIONS • Interstate compacts: agreements among states in response to shared problems

  42. INTERSTATE RELATIONS • 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

  43. INTERSTATE RELATIONS • Privileges and Immunities Clause: No state may discriminate against citizen of another state • Ex: courts, travel, property

  44. INTERSTATE RELATIONS • Extradition: fugitive from justice must be returned to the state from another for trial • Ex: DC snipers

  45. Group assignment: Constitution and Amendments • 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.

  46. Focus Questions 4-3,4 (p. 106) • 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?

  47. AP Focus Questions 2-4 (p. 27) • 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?

  48. AP Free Writing • 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.

  49. REVIEW • FEDERALISM, DIVISION OF POWERS • ADMITTING NEW STATES • NATIONAL-STATE COOPERATION

  50. REVIEW • INTERSTATE RELATIONS

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