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Ch. 3 Notes (The Constitution)

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Ch. 3 Notes (The Constitution) [ 3.1 ] An Overview of the Constitution [ 3.1 ] An Overview of the Constitution Key Terms • popular sovereignty - is the idea that the people are the source of all power held by the government. • constitutionalism - Government officials are subject to the rule of law. • rule of law—Government must always obey the law and are never above it. • separation of powers - establishes three separate parts, or branches, that share the government’s power. These branches are the executive, the legislative, and the judicial. [ 3.1 ] An Overview of the Constitution [ 3.1 ] An Overview of the Constitution Key Terms An Outline of the U.S. Constitution • checks and balances - system of overlapping the powers of the legislative, • A little more than 7,000 words executive, and judicial branches to permit each branch to check the actions of the others • The Constitution is made up of a Preamble and • judicial review - the power of courts to decide what the Constitution seven Articles and twenty seven Amendments means • unconstitutional - contrary to constitutional provision and so illegal, null and void, of no force and effect • federalism - a system of government in which a written constitu- tion divides power between a central, or national, government and several regional governments like States [ 3.1 ] An Overview of the Constitution [ 3.1 ] An Overview of the Constitution An Outline of the U.S. Constitution The Preamble • We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. [ 3.1 ] An Overview of the Constitution [ 3.1 ] An Overview of the Constitution Six Basic Principles of the Constitution Six Basic Principles of the Constitution • Popular Sovereignty • Limited Government • Separation of Powers • Check and Balances • Judicial Review • Federalism [ 3.2 ] Amending the Constitution [ 3.2 ] Amending the Constitution Key Terms • amendment - a change in or addition to a constitution or law • formal amendment - change or addition that becomes part of the written language of the Constitution itself through one of four methods set forth in the Constitution • informal amendment - Informal Amendment - Changes to the government that don’t involve re-writing the Constitution to the US Constitution [ 3.2 ] Amending the Constitution [ 3.2 ] Amending the Constitution Article V - Formal Amendment Process Article V - Formal Amendment Process The Constitution of the United States has now been in Congress State force for more than 200 years—longer than the written 1st Method Legislatures constitution of any other nation in the world. by 2/3 of vote in Ratified by 3/4 both the House & 2nd Method (38) of the state Senate legislatures or or National State Convention Conventions called by 2/3 (34) Ratified by 3/4 of the state 3rd Method (38) of state legislatures conventions 4th Method [ 3.2 ] Amending the Constitution [ 3.2 ] Amending the Constitution Change by Other Means Article V - Formal Amendment Process • Types of Informal Amendments • First Method has been used to create 26 of the 27 Amendments • Basic Legislation - Congress has helped define the Constitution by creating laws that help the • Second Method has only been used one to create the government operate. 21st Amendment • Executive Action - The use of Executive Agreements & Orders as well as Treaties have Neither the Third or Fourth Method have ever been • allowed Presidents to exercise their power used to amend the US Constitution [ 3.2 ] Amending the Constitution [ 3.2 ] Amending the Constitution Change by Other Means Article VI - National Government Supremacy • Types of Informal Amendments (cont) • National Government laws out rank State and Local • Court Decisions - Landmark cases set precedent laws for future interpretation of all Establishing an Oath of Office for Public officials • Other factors that alter our use of the Constitution • are Party Practices and Customs that develop Article VII - Ratification over time • Outlines the process to formally approve the US Constitution [ 3.3 ] Federalism: Powers Divided [ 3.3 ] Federalism: Powers Divided Key Terms • division of powers - basic principle of federalism; the constitutional provisions by which governmental powers are divided on a geo- graphic basis (in the United States, between the National Government and the States) • delegated powers - those powers, expressed, implied, or inherent, granted to the National Government by the Constitution • expressed powers - those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called the “enumerated powers” • implied powers - those delegated powers of the National Government that are suggested by the expressed powers set out in the Constitution; those “necessary and proper” to carry out the expressed powers [ 3.3 ] Federalism: Powers Divided [ 3.3 ] Federalism: Powers Divided What Is Federalism? Key Terms Federalism is a system of government in which a written • inherent powers - powers the Constitution is presumed to have constitution divides the powers of government on a delegated to the National Government because it is the government territorial basis, between a central government and of a sovereign state within the world community several regional governments, usually called states or provinces. • reserved powers - those powers that the Constitution does not grant to the National Government and does not deny to the States Each of those basic levels of government has its own set of powers. • exclusive powers - those powers that can be exercised by the Neither level, acting alone, can change the basic division National Government alone of powers the Constitution has created. • concurrent powers - those powers that both the National Government and the States possess and exercise [ 3.3 ] Federalism: Powers Divided [ 3.3 ] Federalism: Powers Divided Three Types of Federal Powers Powers Denied to the Federal Government The National Government is a government of Although the Constitution delegates certain powers to delegated powers. That is, that government has only the National Government, it also denies certain those powers delegated (granted) to it in the powers to that level of government in order to keep Constitution. federalism intact. There are three distinct types of delegated powers: It does so in three distinct ways. expressed, implied, and inherent. - Expressly Denied Powers - Omitted Powers / Silence - Powers Reserved for the States [ 3.3 ] Federalism: Powers Divided [ 3.4 ] The National Government and the States The Constitution Reigns Supreme The division of powers in the American federal system produces a dual system of government, one in which two basic levels of government operate over the same territory and the same people at the same time. Article VI’s Supremacy Clause establishes that when a conflict occurs that the National Government law will be followed over a state’s law. [ 3.4 ] The National Government and the States [ 3.4 ] The National Government and the States Key Terms Key Terms • enabling act - a congressional act directing the people of a United • block grants - one type of federal grants-in-aid for some particular States territory to frame a proposed State constitution as a step but broadly define area of public policy toward admission to the Union • project grants - one type of federal grants-in-aid; made for specific projects to States, localities, and private agencies who apply for • act of admission - a congressional act admitting a new State to the them Union • interstate compacts - formal agreement entered into with the • grants-in-aid programs - grants of federal money or other resources consent of Congress, between or among States, or between a State to States, cities, counties, and other local units and a foreign state • categorical grants - one type of federal grants-in-aid; made for some • extradition - the legal process by which a fugitive from justice in specific, closely defined purpose one State is returned to that State [ 3.4 ] The National Government and the States [ 3.4 ] The National Government and the States The Nation’s Obligations Under the Constitution Admitting New States • Only Congress has the power to admit new states to • The National Government must provide the the union. The only restriction is that they cannot following to each state… create a new state out of an existing state without that state’s consent. • A republican (Representative) Form of Government • Making War (Defending from Invasion/ Protecting national interests) and Keeping Peace (Helping quell domestic violence, responding to a natural disaster) • Respect for Territorial Integrity of each state [ 3.4 ] The National Government and the States [ 3.4 ] The National Government and the States Admitting New States Admitting New States • Admission Procedure • A territory must ask Congress to become a state • Congress then must pass an Enabling Act requesting that the territory create a state constitution • After the territory has created a constitution that has been approved by its people Congress must review it and then pass an Act of Admission • Once the Act of Admission is signed by the President From 1776 to 1898, the U.S. acquired the land from which new States were eventually the territory officially becomes a state formed. Analyze Maps From which acquisition
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