UNIT II: THE U.S. CONSTITUTION Seven Articles Separation of Powers Principles of Federalism Ilovesocialstudies.com
SEVEN ARTICLES Article I Establishes the Legislative Branch Article II Establishes the Executive Branch Article III Establishes the Judicial Branch Article IV Establishes the balance between state and federal government, their responsibilities, and ways for new states to enter the union Article V Describes the amendment process to alter the Constitution Article VI Establishes the Constitution as the supreme law of the land (Supremacy Clause) Article VII Lists requirements to ratify the Constitution
SUPREMACY CLAUSE Article VI, Clause 2 - This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. Alexander Hamilton supported this idea of supremacy Interpreted several times in Supreme Court Cases Federal laws and treaties are supreme over state/local law
SEPARATION OF POWERS The reason why most governments are despotic Earth is that it just happens. But for moderate governments must combine moderate powers; know what gives one what remains to another and finally we need a system that is to say a convention of many and a discussion of interest -Baron de Montesquieu
MAIN RESPONSIBILITIES & POWERS Creates Laws Congress Senate House of Representatives Overrides presidential Vetoes Approves presidential appointments Create taxes to provide services for citizens Provides for defense Declares war Regulates money and trade Impeaches officials (judges, president, etc.)
MAIN RESPONSIBILITIES & POWERS Carries out Laws President Vice President Veto laws A constitutional right to reject a decision or proposal made by a lawmaking body Appoints high officials Supreme Court Justices, Committees, Secretary of Defense 321 non-senate appointments (currently) Conducts foreign policy Enforces laws and treaties Commander in Chief of the military Recommends bills to Congress Reports the State of the Union to Congress
MAIN RESPONSIBILITIES & POWERS Interprets Laws Supreme Court 13 Circuit Courts Settles legal disputes between states Settles state and federal disputes Hears cases with ambassadors of foreign governments Settles dispute between individuals and Federal Government Landmark Supreme Court Cases to Review http://www.streetlaw.org/en/landmark/home
FEDERALISM: DELEGATED POWERS ***Follow on Venn Diagram!*** The division of power between the national, state, and local governments. Federalist Party, led by Hamilton, supported federalism or shift towards more power to a central government. Delegated Powers Enumerated powers (specify one after another) -Regulate trade -Foreign relations -Declare war -Raise and support armed forces*
FEDERALISM: IMPLIED/RESERVED POWERS Implied Powers Powers not spelled out in the Constitution but can be deduced from the text. Refer to elastic clause. *Raise and support military -Conscription/Draft *Right to raise taxes -Income Tax Reserved Powers Powers granted to the state *State Sales Tax *Automobile registration *Education
ELASTIC CLAUSE The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Article I, Section 8, Clause 18 Federal government exercises this clause when necessary in conjunction with implied powers.
FEDERALISM: CONCURRENT/DENIED POWERS Concurrent Powers: Powers shared by Federal and State Government Taxation Borrowing Money Making Laws Establishing Courts Police Forces Denied Powers: Powers denied to BOTH/OR the State and Federal Government Taxing exports (this would hurt American business) Granting titles of nobility Deny citizens right to vote due to race (15 th Amendment) or gender (19 th Amendment) Changing state boundaries Coining money Enter treaties with other countries