This document contains notes from a class on constitutional powers in the United States. It discusses the system of federalism and how power is shared between the federal and state governments. It outlines the key powers granted to each branch of government in the US Constitution, including the powers of Congress, the President, and the federal courts. It also discusses the amendment process and some amendments that have been proposed but failed to pass.

1. DRAW A LINE SEPARATING TODAY & YESTERDAY 1) Write: Date: 01/20/11 , Topic: Constitutional Power 2) Next line, write “ Opener #10 ” and then: 1) Write 1 high + 1 low in last 24 hours 2) Rate your understanding of yesterday: lost < 1-5 > too easy (3 is perfect) 3) Respond to the Opener by writing at least 1 sentences about : Your opinions/thoughts OR/AND Questions sparked by the clip OR/AND Summary of the clip OR/AND Announcements: None

2. Focusing and Awareness Practice 1) Breath in, hold, exhale 2) Stop, notice yourself head to toe 3) Close eyes, listen to your thoughts 4) Open your eyes, notice around you

3. Agenda 1) What are the “United States” (federalism introduction) 2) US Constitution introduction Why am I learning this? 1) What does it mean to have states? Reminder 1) No homework.

4. Notes #9a , Title: “ Federalism ” 1) States Come First : Colonies (states) experienced close to 200 years of separate freedom before joining the US (will wish to retains some power) 2) Federalism : State + fed share power: at times clear split, other times overlapping or conflicting between the state and federal gov (“federal” technically means split gov, but mostly refers to national gov) 3) History of US Federalism : States had more power > then equal in the 1800s > 1900s Federal became supreme (recently state wins some).

5. UNITARY FEDERAL STATE NATIONAL

6. FEDERAL STATE NATIONAL STATE NATIONAL STATE NATIONAL 1780-1860 1860-1930 1930-2000

7. Constitutional Structure and Amendment : Article 1: Congress/Legislature (House + Senate) Article 2: President/Executive (President + Implied Bureaucracy) Article 3: Federal Courts/Judiciary (US Courts) Article 4: State Limits Article 9: Amendment Process: 2/3 of Congress > 3/4 States 2/3 of States > 3/4 States (never used) Article 6: National Supremacy (when in Art 1, Sec 8) Article 7: Ratification Process Amendments: First 10 (Bill of Rights) 27 Amendments Total So Far

8. Notes #9b , Title: “ Constitution Intro Notes ” 6) Constitution (27 amend so far) 1: Legislature: Create laws (S + H) 2: Execu tive (President) 3: Judicial: Interprets (SC, CC, DC) Bureaucracy (2mil) Amend: 2/3 Congress 2) 3/4 States

9. CONSTITUTIONAL CHECKS AND BALANCES: Article 1: Congress/Legislature (House + Senate) Creates the laws Article 2: President/Executive (President + Implied Bureaucracy) Executes the laws Article 3: Federal Courts/Judiciary (US Courts) Interprets the laws (resolves conflicts)

10. Notes #9b , Title: “ Constitution Intro Notes ” 7) Federalism in the Constitution : FEDERAL gov can ONLY do what the Constitution says. Make laws on very specific list of things. STATE government can do (make laws on) ANYTHING except when forbidden by the US Constitution. Parenting Analogy: FED: You can only go to the library. STATE: You can go anywhere except the bar.

11. Notes #10a , Title: “ Constitution Notes ” 1) Constitutional Powers : Gov granted power in the Const (exp: make treaties) 2) Congress’ Powers (Art 1, Sec 8) : Congress’ powers to pass laws initially limited to a list of 17 reasons in Article 1, Sec 8 ( amendments add some more ) a) Power to Tax and Spend: provides Fed. most their power b) Interstate Commerce Power: most widely used to justify laws

13. Power of Taxing and Spending : Article 1, Section 8, Clause 1: Power to buy and spend (for the “General Welfare” is very powerful. Mandates Review: If when the Fed demands the state to do something. If the state refuses, the Fed will deny it money. (States can refuse to obey and lose the money). c1: “Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts”

14. Interstate Commerce Clause (ICC) : Article 1, Section 8, Clause 3: Initially passed to prevent interstate trade conflicts , courts have allowed Congress to use it to pass MANY laws with a loose connection to economic activity . NPC Review: NPC by itself has NO power. Congress has to prove the new law is connected to 1-17 like 3 (ICC), then the NPC lets them make it. c3: “To regulate commerce with foreign nations, and among the several states ”

15. Art 1, Sec 8, Cl. 18 (NPC) Necessary and proper clause says Congress can make any law in order to fulfill clauses 1-17, it is like a car. Art 1, Sec 8, Cl. 1-17 Are the drivers that want to go someplace, but need a car. c18 (NPC): “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers”

16. Civil Rights Act of 1964-CONFIRMED

17. Endangered Species Act of 1973-CONFIRMED

20. Violence Against Women Act of 1994- REJECTED

21. Notes #10a , Title: “ Constitution Notes ” 3) Amendment Powers : Later, some amendments give Cong. More power to make laws to enforce Am’s goals ( like 14 th )

22. Constitution, Amendment 15: Section 1: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2 (enforcement clause): The Congress shall have power to enforce this article by appropriate legislation .

24. Journal #10a , Title “ Const. Powers ” Create examples with a partner ( include their name at the end ) : 1) Look at Art 1, Sec 8, Cl 1-17 ( other than 1 or 3 ), come up with a law that is permitted through Art 1, Sec 8, Cl 1-17 2) Look at Clause 1 , come up with a law. 3) Look at Clause 3 , come up with a law. 4) Look at Amendment 15 , come up with a law. Be ready to present. 5 Reading/Film Qs Come From These Journal Sections

25. President’s Listed Powers, Article 2 1) The executive power shall be vest in a President. 2) The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States 3) Power to grant reprieves and pardons for offenses against the United States 4) He shall have power, by and with the advice and consent of the Senate, to make treaties , provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States.

26. Notes #10b , Title: “ Constitution Notes ” 4) Executive Powers (Art 2, Sec 1) : President carries out the laws. a) Executive Order: orders bureacracy b) Signing Statement: giving his/her openion on a law by Congress 5) Executive Powers (Art 2, Sec 2) Commander in chief, make treaties, and appoint judges ( for life ) and other officials ( 0.1% of bu )

27. Federal Court’s Listed Powers, Article 3 The judicial power shall extend to all cases, in law and equity, arising under this Constitution , the laws of the United States…to controversies between two or more states … the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions , and under such regulations as the Congress shall make . (Judicial Review: Most vague of the listed powers for the branches, courts interpreted themselves to have the power of review)

28. Amendments, Article 5 The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States , shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourth Framers thought amendments would happen more often that it does (US: 27 CA: 500)

29. Past Amendments Proposed but Failed 1876: Abolish the Senate 1878: Replace the President with a Council of 3 1893: Abolish the Military 1914: Make Divorce Illegal 1916: Declare war through voting, and have those who vote yes to register for military service 1933: Limit personal wealth to $1 million 1971: To declare citizens have a right to a clean environment

30. Constitution, Hypothetical Amendment: Section 1: Citizens have a right to a clean environment Section 2 (enforcement clause): The Congress shall have power to enforce this article by appropriate legislation .

31. Failed Equal Rights Amendment: Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

32. Civil Rights Act of 1964-CONFIRMED

33. Journ #10a , “ Equal Rights Amendment Debate ” “ Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” 1) Read the 2 sides, choose 1 side, and write which you choose and explain why . 2) Then write down what your partner thinks ( include their name at the end ). 1 2 3 4 5 CON: Reject ERA 1) Civil rights laws already protect women 2) Some things should not be equal access, like military service (combat) PRO: Add ERA 1) Adding constitution ensures women rights 2) There is no reason for anything not to be equal

34. 35 states which ratified the ERA rescinded their

35. Future Amendments Being Discussed 1) Revise ‘14 th Amendment’ Amendment : Remove line allowing anyone born in US to be citizen. 2) Marriage Amendment : Define marriage as between a man and a woman. (Fed courts have refused to decide yet) 3) End the Electoral College Amendment : Let voters directly choose the president. 4) Flag Burning Amendment : Ban flag burning (Fed Courts say we have a 1 st Amendment right to burn flags) 5) Arnold Amendment : Let non-US born citizens run for president.

36. Work #11a , Title “ Constitution Scavenger Hunt ” With your groups, find the answer and where in article, section, & clause can I find each: 1) Age requirement to run for Congress (House)? 2) How to amend (change) Constitution? 3) How judges are selected? 4) How laws are passed? 5) Current age to vote (citizens)? 6) Who can declare war? 7) Who has power over revenue (taxes)? 8) Right to freedom of speech and religion 9) Right to be treated equally by fed govt 10) Right to be treated equally by state govts 5 Reading/Film Qs Come From These Work Sections

37. Journal #11b , Title “ Video: Constitution Intro ” 1) Copy Source Title: Annenberg 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Journal Sections Time Bookmark: 00:00

38. Homework: 1) Study today’s notes + journal sections for a possible journal quiz . 2) Pick and listen to your 4 news podcast by next Monday. Journal Check: If your name is called, drop off your journal with Mr. Chiang ( if requested, points lost if your journal is not turned in )