Constitution and Federalism

1. Constitution and Federalism

2. Organizing the Constitution

3. Preamble • We the people of the United states, in order to form a more perfect Union, Establish Justice, Insure domestic tranquility, provided for the common defense, promote the general welfare , and secure the blessings of liberty to our selves and our Posterity, do ordain and establish this constitution of the United States of America. Rewrite the Preamble in your own words …… Short! no more than 100 words……

4. the Basic Principals ( 6 Total) • The principle of popular sovereignty asserts that the people are the source of any and all government power, and government can exist only with the consent of the governed. • The principle of limited government states that government is restricted in what it may do, and each individual has rights that government cannot take away. • Separation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government.

5. Other Basics • Checks and balances is the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another. • The principle of judicial review consists of the power of a court to determine the constitutionality of a governmental action. • Federalism is a system of government in which the powers of government are divided between a central government and several local governments

6. VII. Resolving Economic Issues in the New Constitution • Levying Taxes – Congress could forcefully collect its own taxes to pay for national needs, like military and debt. Most of the taxes it did levy took the form of tariffs (taxes placed on imported goods). • Regulate commerce – Congress may “regulate commerce with foreign nations, and among the several states.” This helped to resolve the interstate commerce chaos surrounding the Articles. • Protecting money – the new national government alone controls the money supply (print and coin money). They hoped that this uniform monetary system would prevent inflation seen under Articles.

7. VIII. Protecting National Security • War and Military Forces – Congress was given power to “declare War” and to raise and support and regulate an army or navy. Congress was given power to prevent or put down insurrections. • Commander-in-Chief – The President is the commander-in-chief of the armed forces. He is authorized to carry out the war, while congress is authorized to declare it. • Foreign Affairs – States are prevented from entering or negotiating treaties, alliances or confederations with foreign governments. The President can make treaties, but not without the consent of the Senate.

8. IX. Structure of Government • National Supremacy – Supremacy Clause of Article VI – states that the Constitution is the supreme law of the land, taking priority over all other laws within the United States. • Federalism – power is divided (shared) between national and state governments. Each have independent legal authority and are sovereign (can not be dissolved by the other). • Republicanism – republican government means that powers are delegated to a small number of presumably gifted or qualified individuals.

9. X. Separation of Powers/Checks and Balances – Look in your book for checks/balances chart (Fig2.2) and study them. Madison wrote “ambition must be made to counteract ambition” Articles I, II, III (legislative, executive, and judicial) XI. Ratification – the act of state legislatures to approve or reject decisions made by other bodies. The new constitution was sent to each state government for ratification. The entire country engaged in a national debate over the new constitution and whether or not their individual state should adopt it. Two groups emerged (our first political parties):

10. The Constitution provides for its own amendment—that is, for changes in its written words. • Article V sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of formal amendment.

11. A. The Federalists (supported ratification: John Adams, Hamilton). Wrote series of editorials in newspapers nationwide. Later collected into a book calledThe Federalist Papers B. The Anti-Federalists (opposed ratification: Jefferson, pictured below, and Patrick Henry) • Concerned about an “aristocratic tyranny” (Senate) • Concerned about the future of state sovereignty and independence • Concerned about the protection of unnamed individual rights missing in the Constitution. Summary: They basically were concerned that the people and the states would be trampled by the larger more powerful central government. C. Bill of Rights (first 10 amendments to Constitution: compromise)

12. Although the Federalists insisted that Congress could not tread on powers not specifically granted it by the Constitution (enumeratedpowers), they eventually agreed to add 10 amendments, or formal changes, to the Constitution and sent those to the states for ratification (1791). XII. Constitutional Change (see next slide) A. Direct ways of changing the Constitution: Amendments are changes or additions to the Constitution. -There are two methods for proposing an amendment: 1. passage in the House and Senate with a two-thirds vote. 2. passage in a national convention called for by Congress in response to petitions by 2/3s of the state legislatures. -There are two methods of ratification: 1. vote in the legislatures of 3/4s of the states 2. vote in conventions called for that purpose in 3/4s of the states

14. B. Indirect ways to change not the text but the impact or meaning of the Constitution: Judicial Interpretations • When or if the courts change the way they interpret the constitution can change the application and effect of its contents. C. Presidential and Congressional Action • When or if the president or congress changes the way they interpret their responsibilities under the constitution can change the application and effect of its contents. D. Custom and Practice • When or if the customs, culture, times, context, and so forth change, the application of the constitution may change as well.

15. What is the importance of article 5 to the constitution ?

16. Words to know • Amend- • Ratify –

17. In 200 Years how many Amendments have been passed ? 27

18. Amendments Hand out work Read the handout packit and use the information about the 27 amendments to answer the questions.

19. Changing the Constitution Court Decisions The nation’s courts, most importantly the United States Supreme Court, interpret and apply the Constitution in many cases they hear. Executive Action • Presidential actions have produced a number of important informal amendments, such as the use of the military under the power of commander in chief. • An executive agreement is a pact made by the President directly with the head of a foreign state.

20. Chapter 3 (Federalism) • 10th Amendment!!!!! (Look it up) I. Federalism – sovereign power is shared by both regional and national governments. No one government can dissolve the other. The Constitution is a unique document in its contribution of federalism to political theory. • Confederation – people state governmentsnational government • Unitary – peoplenational governmentstate governments • Federation – peopleboth to state and national government.

21. II. Why Federalism? • Protect Liberty by dispersing power – creates “opposite and rival” centers of power • Increase Participation – more access points for people to participate or contact government • Improve Efficiency – one government can not control it all • Ensuring policy responsiveness – people can react to their state policies by moving (i.e., vote with your feet) • Encouraging Policy Innovation – states become “laboratories of democracy” as they experiment with policies/programs observed throughout the country • Managing Conflict – conflicts are less intense since frustrated groups know that policy battles can be settled in many different settings (50 states plus the national government) Drawbacks • slow to move desired policy because there are more veto points Provides legal basis for state noncompliance – South in the 60s in response to Civil Rights legislation and court rulings • Double taxation – state and federal taxes on income

22. Design of Federalism (implied/deduced from the Constitution) A. Delegated/Explicit Powers (the ones written out). National government shall have power to: • Engage in war and foreign affairs • Regulate interstate commerce (trade between states) • Regulate the Money supply • tax and spend B. Necessary and Proper Clause (Implied powers) – powers not specifically reserved but inferred from those that are (e.g., the IRS is implied in the power to tax and spend)

23. C. National Supremacy Clause – Const = “supreme law of the land” D. Concurrent powers – powers shared by both state and federal government (e.g., tax and spend) E. Powers denied states – coin money, enter into treaties, interfere with the obligation of contracts, levy taxes on imports or exports, or engage in war. F. Powers denied to both state and national government – abridge individual rights G. Reserved Powers – Powers not granted to the national government or specifically denied to the states by the constitution are reserved for the states (10th amendment)

24. IV. The Grant as a Source of Federal Power A. Background: In the early 20th century, Congress was finally given the power to tax income directly (16th amendment). Started very low, but was raised dramatically as a result of two world wars and the Great Depression. When things sort of settled down, the national government decided in the 70s and 80s to send some of the money back to the states in the form of grants. These grants took on three forms: • Categorical Grant: A grant for a specific, narrow project (no spending discretion; typical). Example: Teacher Salaries • Block Grant: A grant for a general government function (limited or some spending discretion). Example: Education in general • General Revenue Sharing: A grant with generally no strings attached. Example: Spend it on either Education or Transportation (however you want) B. Which form of grant maximizes Congressional power and reduces state power? Answer: categorical

36. Write and Reason • Explain federalism • Why is federalism important to our country • What are the good things about federalism and what are the drawbacks?

37. Vocab for chapter 3 Preamble • Articles • Constitutionalism • Rule of Law • Separation of Powers • Checks and Balances • Veto • Judicial Review • Unconstitutional • Federalism • Amendment • Formal Amendment • Bill of Rights • Executive Argument • Treaty • Electoral College • Cabinet • Senatorial Courtesy. • Vocab for chapter 4 • Federalism • Division of powers • Delegated powers • Expressed powers • Implied powers • Inherent powers • Reserved powers • Exclusive powers • Concurrent powers • Enabling Act • Act of admission • Grants in aid programs • Revenue sharing • Categorical grant • Block Grant • Project Grant • Interstate Compact • Full Faith and Credit Clause • Extradition • Privileges and Immunities Clause