Chapter 3

Chapter 3
The constitution
 sets out the basic principles, framework, and procedures of our gov
 written by james Madison in 1787
o father of the constitution
 tells the NATIONAL government what it CAN do
o how it can be run
 created the federal system
o both national and state laws
 sets up three branches of gov
Outline of ghe constitution
 preamble – intro paragraph
o 6 goals
 7 articles
o I-congress
o II – president
o III – supreme court
o IV – role of states and their relationship w/ national gov
o V – amendments
o VI – constitution is the supreme law of the land
o VII – ratification
Preamble
 Introduction to the constitution

 Sets 6 goals for the national gov
 Makes clear that the gov is established by the people
o We the people
 1) form a more perfect union
o Better than the articles of confederation
 2) established justice
o Fair and equal laws (mayflower
 3) ensure domestic tranquility
o Keep peace within the 4 borders
 Pacific Ocean, Canada, Atlantic Ocean, Mexico
 4) provide for the common defense
o Attack or defend
o Army, navy, air force, marines, coast guard
 5) promote the general welfare
o Do things that are good for society
o Parks, museums, education, control pollution
 6) Ensure the blessings of liberty
o Bill of rights
o Freedom of speech, press, assembly, petition
Popular sovereignty
 The people decide through voting
 People are independent & the source for all gov’t power
 If the gov’t does something the people don’t like, the gov’t will be voted out
Limited government
 No gov is all powerful
 The gov must obey the law
o Rule of law – not above the law
 Can only do things that the constitution allows (constitutionalism)
Separation of powers
 The national government is divided into 3 branches
 Each branch has its own, independent jobs and responsibilities to do
 Legislative – make laws
 Executive – enforce and administer
 Judicial – interpret laws
Checks and balances
 Power sharing between branches, levels, and people
 Each level of gov (L, E, J) has the power to limit the power of the other two
 Each branch has certain powers with which it can check on the other operations
of the other two
 Prevents an UNJUST combination of the authority
Judicial review
 The power of the supreme court to declare a law, state, or activity
unconstitutional
o Illegal, null and void, no force and effect
 Not in the constitution
 Marbury vs Madison (1803) – supreme court case that was the first to apply
judicial review
Federalism
 a system of government that creates both national and state governments
 delegated powers – powers given to the national gov by the constitution
 reserved powers – states powers
 concurrent powers – both national and state powers
Living constitution
 written in 1787, went into effect in 1789
 a living and changing document
 there have been changing – formal and informal
 words have changed, added, and eliminate
 meanings of its specifications have been modified
Amendment
 A FORMAL CHANGE to the constitution
o Changes or additions that become part of the written language of the
actual constitution
 27 amendments
 1-10 bill of rights
 Article V of the constitution explains this
o Proposal methods
Formal amendment process

 Proposal – to formally ask for
 Take place at the national level
 Methods:
o 1. Proposed by 2/3 vote in house of reps and 2/3 vote in senate
o 2. Proposed by a national convention called by congress when 2/3 of the
state legislatures (34 of 50 states)
Formal amendment process
 Ratify – to formally approve (YES)
 Takes place at the state level
 Methods:
o 1. ¾ of the state legislature must say yes (38 of 50)
 26 amendments
o 2. Convention in ¾ of the states
 This is how the constitution was ratified
o 21st amendment
Informal amendment
 Changes have been made in the constitution that have not involved changes in
its written words
Legislation
 Congress passed laws to explain things that were left vague
o Farmer knew things would need to change with changing times
 EX – Article II established just the pres. and VP but congress made
laws about presidential agencies and departments
 Congress passed laws to give themselves more constitutional power
o EX – congress has the power to regulate interstate commerce (A1, S8, c3)
Executive action
 Presidential actions have produced a number of important informal
amendments, such as the use of military under the power of commander in chief
or presidential treaties that require approval from congress
Political Parties
 Constitution does not mention political parties
 Big use of electoral college
o Group that makes formal selection of the nation’s president
Customs
 Powers and/or organizations not granted by the constitution
o Creation of president’s cabinet
o Succession of president to vice president
 Amended later
 No third term until FDR
o Started by George Washington
o Required now by 22nd amendment in 1951
Why federalism?
 In 1787 our founding fathers struggled with ideas of limited government and a
strong central government
 FEDERALISM was the compromise
Federalism
 Powers of government are divided between a central (national) government and
state governments.
Division of powers
 Certain powers to national government and certain powers to state government
 Two levels of government, each with its own area of authority
o But same people, same territory, at the same time
Powers of the national government

 Delegated powers
o Powers given to it by the constitution
o States CANNOT do these
 Kinds:
o Expressed
o Implied
o Inherent
Expressed powers
 Powers openly given to the national government
 Actually, written down
 Article I, Section 8, clauses 1-18 – congress
o Declare war, coin money, Army/navy\
 Article II, Section 2, clauses 1-3 – president
o Commander in chief, makes treaties, appoints office
The nations obligations to the states

 Republican form of government
o Constitution requires national government to guarantee a representative
government
 Invasion and internal disorder
o Must defend states against foreign invasion and against “domestic
violence” in states
 Respected for territorial intergrity
o Must recognize existence and boundery of states
Admitting new states

 Only congress has power to admit new states to union
 Admission procedure:
o Area asks congress for admission & writes state constitution
o Popular vote in state to approve constitution
o Congress passes act of admission, creating new state
o President signs and state enters union
Federal grants-in-aid
 Grants of federal money or other resources to the states and/or their
cities/countries, etc.
 Examples:
o Grants of land to states to form colleges or build roads
o Money to support militias
o Money for schools
Revenue sharing
 1972 – 1987
 Congress gives annual share of federal tax money to the states and their local
units
 No strings attached except cant be spent on programs to discriminate against
race, etc.
Federal grants
 Congress appropriates money for 3 types of grant-in-aid
o 1. Categorial grants – specific, define purpose.
o Usually conditions must be met
 Ex. School lunches
o 2. Block grants – broadly defined purpose. Fewer strings attached
 Ex. Social services
o 3. Project grants – grants to state, localities or private agencies that apply
for them.
 Ex. Fund scientists doing research over cancer
Interstate compacts
 No state may enter into a treaty, alliance or confederation but states may enter
into interstate compacts – agreements among states within foreign states.
 Examples:
o Port authority of New York & New jersey
o Compacts to coordinate conversation resources
Full faith & credit

 Ensures that states recognize the laws, document and court proceedings of other
states
 Example: validity of birth certificates, marriage licenses recognized in all 50
states
Extradition
 Legal process by which a fugitive from justice in one state is returned to state
 Designed to prevent a person from escaping justice by fleeing a state
 Governors handle the process. Can refuse, but federal government can order
governor to return fugitive
Privileges and immunities
 No state can draw unreasonable distinctions between its own residents and
people who live in other states

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Chapter 3

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Chapter 3

 Introduction to the constitution

Formal amendment process

Powers of the national government

The nations obligations to the states

Admitting new states

Full faith & credit

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