Chapter 3

 

The Preamble to the Constitution

 

 

 

Article I - The Legislative Branch

Article II - The Executive Branch

Article III- The Judicial Branch

 

 

Article IV - The States and the     Federal Government

 

The Federal Government must protect the States.  The Federal Government must guarantee to each State a “Republican” form of government.

 

* Territories can become States

 

*States must respect each others laws

* Extradition

 

 

Article V - Method of Amendment

 

 

Article VI - General Provisions

 

“Supremacy Clause”

 

 

 

Article VII - The Ratification of the                     Constitution

 

Amendments - Bill of Rights

 

                               ***

 

***Enumerated Powers

Powers Delegated or Expressed for the National Government are spelled out in the Constitution. Eg found in

 

Article I

"Congress has the power to tax and to regulate trade".

Gibbons v Ogden (1820)

 

 

 

 

***The National Government has power Implied through interpretation of the Constitution. Eg the Elastic Clause

                   McCulloch v Maryland (1819)

 

a) Congress has the right to legislate  "necessary and proper"

 

b) Power to tax is the power to estroy

 

Powers denied to National Government

In Article I    

a) bill of attainder

– laws aimed at individuals declaring an act illegal without a trial

b) ex post facto law – laws made after the crime was committed

 

c) writ of assistant – blanket search warrants aimed specific individuals or property

 

 

 

 

***Powers that are not granted to the Federal Government are Reserved for the States.  (10th Amendment)

Eg.  License Fees

speed limits

                

 

Interstate Compacts –

Contracts between states that carry the force of law eg.

NY/NJ Port Authority

 

                          **

 

***Powers that are held by both are called Concurrent Powers. Eg the building of roads, taxes, courts.

 

 

 

***Inherent Powers are retained by the National Government in a world community.

 

Eg Recognition acknowledgement of a country.

 

Treaties with foreign nations

 

                               ***

 

 

 

Article V                       

 

Formally Amending the Constitution

 

First Method

 

Proposal: 2/3 Vote in each house

Ratification: 3/4 State   legislatures (38 states today) 26 Amendments were adopted this way.

 

Second Method

Proposal: by Congress

Ratification:  by Conventions in 3/4

of the States. Reason : Public Opinion Eg The 21st Amendment (repeal Prohibition)

 

Third Method

 

Proposal: by a National Convention called by Congress at the request of 2/3 state legislatures.

Has never happened but an attempt was made at passing a Balanced Budget Amendment between 1975-89.  32 states asked for a convention to propose the Amendment requiring the Budget Amendment.  34 are needed.

 

 

Fourth Method

 

Proposed at National Convention and Ratified by 3/4 of the states legislatures. The Constitution was adopted this way.

 

 

 

The Amendments

 

1-10                  Bill 0f Rights

 

 

13-15th          Civil War Amendments

 

15,19,23,24,26   Suffrage

 

20,22,25         Presidency

                                

 

 

***

 

                                

 

Informally Amending the Constitution

 

1. Basic Legislation

2. Executive Action

3. Court Decisions

4. Party Practice

5. Custom

 

***

The Six Basic Principles of the

U.S. Constitution

 

1) Popular Sovereignty

2) Limited Government

3) Separation of Powers

4) Checks and Balances

5) Judicial Review

 

 

6) Federalism

 

19^th Century

Dual Federalism

*   Fugitive Slave Act

*   Dred Scott Decision

*   Plessy v Ferguson

 

20^th Century

 

The 16^th Amendment – income tax

 

The 17^th Amendment

–direct election of Senators                              

 

…..The Changing Face of Federalism is best described as

 

Layer Cake to Marble Cake

 

 

Cooperative Federalism

*   The New Deal

 

  Categorical Grants

 

Congress appropriates funds for a certain purpose

 

Creative Federalism