Constitution and Federalism

1,348 views

Published on

Combination of presentations on the US Constitution and Federalism

Published in: Education
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
1,348
On SlideShare
0
From Embeds
0
Number of Embeds
755
Actions
Shares
0
Downloads
27
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Constitution and Federalism

  1. 1.  The Constitution is the United States‟ fundamental law  It is also “the supreme Law of the Land” meaning it is the highest form of law in the United States.
  2. 2.  It sets out the basic principles upon which government in the US was built and operates today.  Length/Size of:  Relatively brief document  7000 words  6 pages long
  3. 3.  Constitution is broken into (3) parts: 1. The Preamble 2. 7 numbered sections called Articles 3. The 27 Amendments
  4. 4.  Article I  Legislative Branch  Article II  Executive Branch  Article III  Judicial Branch  Article IV  State Relationship
  5. 5.  This part of the Constitution deals with: How formal amendments may be added.
  6. 6.  This part of the Constitution states: The Constitution is the nation‟s supreme law. Oath of office
  7. 7.  This part of the Constitution deals with: The ratification of the Constitution.
  8. 8.  In the US, all political power resides in the people and is the only source for any and all governmental power.  Where does the National Government get its power? People/States
  9. 9. Define Constitutionalism Government must be conducted according to constitutional principles
  10. 10. Legislative, exec utive and judicial powers are distributed (separated) among 3 distinct and independent branches of the government.
  11. 11.  Framer‟s purpose: Limit the powers of government
  12. 12.  The (3) branches of Federal government are tied together by a system of checks and balances  What does this mean?  Each branch can “check” the power of another
  13. 13.  Power divided between the legislative and executive branch between the 2 major parties.  Impact on government:  NOTHING gets done.
  14. 14.  Power of the courts to determine whether what government does is in accord with what the Constitution provides.  Definition:  Power to declare a government action illegal, null and void.
  15. 15.  Framers wanted a stronger central government.  And also wanted to keep the concept of self- government.
  16. 16.  The United States Constitution has been in force for over 200 years, making it the oldest written constitution in the world.
  17. 17.  Big difference is that the US is not the same country as it was in 1789.  Population over 300 million  50 States  World leader
  18. 18. 1. 1st Method: Proposal by Congress, ratification by state legislatures (used 26/27)
  19. 19.  2nd Method: Proposal by Congress, ratification by state conventions (used once)  21st Amendment: Congress felt conventions would reflect people‟s views better than state legislatures.
  20. 20. 3rd Method: Proposal by convention of states, ratification by state conventions (never used) 4th Method: Proposal by convention of states, ratification by state legislatures (never used)
  21. 21.  More than 10,000 joint resolutions have been proposed to Congress since 1789.  Only 33 have been sent to states.  Failed Resolutions:  Equal Rights Amendment  Forbid abolishing slavery
  22. 22.  Change in Electoral College procedure: 1 vote for President and 1 vote for Vice President  Reason: Election of 1800 ended in a tie between members of same political party.
  23. 23.  13th Amendment  Abolish Slavery  14th Amendment Equal citizenship and protection under law  15th Amendment No denial of right to vote based on race Civil War Amendments
  24. 24. 18th Amendment 26th Amendment  Prohibition of selling, manufacturin g , transporting alcohol.  Minimum voting age no higher than 18.
  25. 25.  Many changes have been made in the Constitution which have not inv0lved the Amendment process.  There are (5) ways this change can happen.
  26. 26.  Congress has been a major agent of constitutional change in two important ways: 1. passed laws to spell out some of the Constitution‟s brief provisions 2. added to the Constitution by the way it has used many of its powers
  27. 27. Judiciary Act of 1789 Presidential Succession  Allows for Congress to set up lower federal courts.  Constitution says Vice-President takes over for President ; but Congress decides after that.
  28. 28.  The manner in which various Presidents have used their powers has also contributed to the growth of the Constitution.  Power to declare war:  Congress has this power; but every president has used military without Congressional Declaration of War.
  29. 29.  Define: pact made by the President directly with the head of a Foreign government.  Treaty = agreement with foreign country approved by Congress.  Executive agreements are used more often:  WHY? treaties are more cumbersome.
  30. 30.  The nation‟s courts interpret and apply the Constitution in many cases they hear.  Marbury v. Madison
  31. 31.  No mention of political parties in the Constitution; yet they have been a major source of constitutional change.  Most Framers were opposed to political parties, but they have shaped the way are government operates.
  32. 32.  Neither the Constitution nor law provided for the nomination of a candidate for president.  Electoral College  Body that makes formal selection of President  What role do parties play in Congress?  Much of the business is organized and conducted based on the political parties  The President makes appointments with an eye on party politics.
  33. 33.  Unwritten custom may be as strong as written law, and many customs have developed in our governmental system.  There are many examples of this…
  34. 34.  The Cabinet (advisory body to President) is made up of the heads of the 15 executive departments  Custom established the precedent that the vice- president became president when there was a death in the office – What ended this custom?  The 25th Amendment  Senatorial Courtesy  President will ask senators from a state about a presidential appointee from that state.  Custom for Presidents to serve (2) terms:  22nd Amendment
  35. 35.  A system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments usually called states or provinces.
  36. 36.  The Constitution provides for a division of powers between the National Government and the States .  The 10th Amendment:  Gives powers to states not given to Federal government in Constitution.
  37. 37.  The major strength of Federalism: It allows local actions in matters of local concern and national action in matters of wider concern.
  38. 38.  The National Government is a government of delegated powers:  powers granted to it in the Constitution.  There are (3) distinct types: 1. Expressed 2. Implied 3. Inherent
  39. 39.  Expressed Powers (or enumerated powers)  Powers that are spelled, expressly, out in the Constitution.  Collect taxes  Regulate commerce  Raise armed forces  Declare war  Fix standards/weights Expressed Powers
  40. 40.  Powers not expressly stated, but are reasonably suggested (or implied) by the expressed powers.  Article I Section of 8 of the Constitution gives Congress the power to make laws that “are necessary and proper”.  This is often called the elastic clause – WHY? Implied Powers
  41. 41. Over time, the clause has been STRETCHED to cover so much.
  42. 42.  These are powers that national governments have historically possessed.  Few in number:  regulate immigration  deport undocumented aliens  acquire territories  grant diplomatic recognition  protect the nation. Inherent Powers
  43. 43.  The Constitution denies the National government certain powers (3 ways): Powers Denied
  44. 44.  Some powers are „expressly‟ denied.  Examples:  Levy taxes on exports  Deny freedoms  Conduct illegal searches  Deny speedy trial (1) Expressly Denied
  45. 45.  Powers denied because they are not mentioned in the Constitution: Public Schools Marriage/divorce laws Set up local governments (2) Silence
  46. 46.  Some powers are denied to the National Government because of the federal system itself  Can‟t get rid of the federal system by „destroying’ the states. (3) Federal System
  47. 47. Reserved to States Denied to States  Powers not given to the National Government are NOT denied to the states.  Why does this make the states so powerful?  This power is vast and can have a HUGE impact on lives of people.  Cannot:  enter into any treaty, alliance or confederation  print -coin money  deprive anyone of life, liberty or property without due process.
  48. 48.  Exclusive powers can only be exercised by the National Government, not by States under any circumstances.  Coin Money  Make treaties with foreign states  Lay import duties
  49. 49. Concurrent powers are those powers that both the National Government and the States. Lay and collect taxes Define crime and punishment Condemn private property for public use
  50. 50.  The Framers put the Supremacy Clause (Article VI Section 2) in the Constitution.  Importance of?  Clearly states the Constitution stands above all other forms of law in the United States
  51. 51.  The Supreme Court is the umpire in the federal system.  McCulloch v Maryland:  Dispute between Federal Bank and state of Maryland.  Court ruled in Federal Government favor.
  52. 52. The Constitution places several obligations on the National Government for the benefit of the States: Republican form of government Invasion and Internal Disorder Respect of Territorial Integrity
  53. 53.  The Constitution requires that the National Government make sure that states have a „Republican Form of Government‟.  What does this term generally mean?  A Representative Democracy ONLY TIME used was after the Civil War when Congress would not admit southern states that did not have a true republican form of government.
  54. 54.  National Government must protect the states from foreign invasion and help restore order in the States.  Federal force has rarely been used to restore order in states  EXAMPLES?  Natural disasters  Racial unrest
  55. 55.  National Government must recognize and respect the legal existence and the physical boundaries of each State.
  56. 56.  Only Congress has the power to admit new States to the Union.  What are the restrictions on this power?  Cannot take land away from existing states without consent of legislature.
  57. 57. The area desiring statehood asks Congress for admission… Congress passes an enabling act - directs a territory to write a state constitution A state convention prepares the constitution and the people of the territory vote for or against it. Last step is an act of admission – Congress agrees to statehood and President signs
  58. 58.  Congress may set conditions for a state is admitted:  Utah had to outlaw polygamy before it could join.  Alaska had to promise not to take land legally held by Native Americans.
  59. 59.  One big area of cooperation between the National Government and the States is the providing of funds and services.
  60. 60.  Grants of federal money or other resources to the States and/or their cities, counties and other local units.  These grants make it possible for the federal government to have input in local matters where it has no authority.
  61. 61. What was the reason for first land grants? When did federal grants of money really grow?  Expand the country and set up schools  During the Great Depression/New Deal Era
  62. 62.  Congress gave an annual share of the huge federal tax revenue to the states: $83 billion from 1972-1987.  What happened to this program?  Ended because of increase of Federal deficit.
  63. 63. Describe the (3) types of Federal grants that states can receive: Categorical Strings attached Block Broadly defined purposes Project For a specific project
  64. 64.  FBI helps local law enforcement, ar my and navy equip and train State National Guard units, and use Census Bureau data.
  65. 65.  With the consent of Congress, the States may enter into interstate compacts  agreements among themselves and with foreign states.  What are some examples of these compacts?  Port Authorities  Law Enforcement Compacts  Conservation of Resources
  66. 66.  The Constitution says that states must give “Full Faith and Credit” to another states.  There are (3) major examples of this:
  67. 67. The Laws of a State
  68. 68.  Public records such as: Birth Marriage Property Car Registration
  69. 69.  Outcome of court actions such as damage awards, probatin g of wills, divorce decrees, etc…  This example comes into play most often.
  70. 70.  The Full Faith and Credit Clause has (2) exceptions: 1. Civil, not criminal matters 2. Certain divorces granted by another state
  71. 71.  The matter of interstate “quickie” divorces has been troublesome for years  The case of Williams v. North Carolina focused on the issue of Full Faith and Credit between the states of Nevada and North Carolina.
  72. 72.  Why did the Supreme Court side with North Carolina and not agree that the Williams divorce was legal in North Carolina?  The couple did not establish a „bona fide‟ residence.
  73. 73.  Extradition is the legal process by which a fugitive from justice in one State is returned to that State.  What is this designed for?  To prevent someone from escaping justice by fleeing a state.
  74. 74.  The return of a fugitive is usually a routine matter.  What are examples of the requests being contested? 1. Racial or political overtones 2. Parental kidnapping of children
  75. 75.  The Privileges and Immunities Clause means that no State can draw unreasonable distinction between its own residents and those who happen to live in other States.
  76. 76.  Anyone can travel in or become a resident of another state; also use the courts, buy, rent or sell property; or marry within its borders.  What are some legal ways that reasonable distinctions are allowed to be made?  Voting requirements  Public office  License to practice law, medicine, teaching

×