Salerno's Classroom Celebrates America!
AP Chapter 3
AP Government Summer Assignment
AP Chapters 1,2
AP Chapter 3
AP Chapter 4
AP Chapter 5
AP Chapter 6
AP Chapter 7
AP Chapter 8
AP Chapter 9
AP Chapter 10
AP Chapter 11
AP Chapter 12
AP Chapter 13
AP Chapter 14
AP Chapter 15
AP Chapter 16
U.S. History Chapters 1, 2, 3
U.S. History Chapter 4
U.S. History Chapter 5
U.S. History Chapter 6
U.S. History Chapter 7
U.S. History Chapter 8
U.S. History Chapter 9
U.S. History Chapter 10
U.S. History Chapter 11
U.S. History Chapter 12
U.S. History Chapter 13
U.S. History Chapter 14
U.S. History Chapters 16,17,18
U.S. History Chapters 19,20,21
U.S. History Chapters 22,23
U.S. History Chapters 24,25
U.S. History Chapters 26,27
U.S. History Chapters 28,29,30
U.S. History Chapter 31
U.S. History Chapter 32
U.S. History Chapter 33
US Government Chapters 1,2
US Government Chapter 3
US Government Chapters 10,11,12
US Government Chapters 13,14
US Government Chapter 18
US Govt Chapters 19,20,21
Remembering 9/11/01
The Civil Rights Movement
Economics Chapters 1,2,3
Eco Chapt 9
Eco Chapters 6,7,8
Eco Chapt 13
Eco Chapter 15
Eco Chapt 21



                            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


19th Century

Dual Federalism

*   Fugitive Slave Act

*   Dred Scott Decision

*   Plessy v Ferguson


20th Century


The 16th Amendment – income tax


The 17th 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

*   The Great Society


         New Federalism

*   Nationally Dominated but shared functions with states (Regulatory)


New Federalism

*   de-regulation

*   aggressive tax cutting

"trickle down theory"




Block Grants – Broad Grants given to states with few restrictions attached



Health; income security; education;



When there is a shortfall………


    Intergovernmental lobbies

Pressure groups are created to lobby the national government


The Big Seven

NGA – National Governors Association

CSG – Council of State Govt

NCSL – National Conference State Leg

NLC – National League of Cities

NAC – National Assoc of Counties

USCM – US Conference of Mayors

ICMA – Int City/County Management Ass




The Devolution Revolution

1992 Bill Clinton and Dem Sweep


1994 – Republicans control both houses, Governor races go GOP


Preemption – using the Constitution’s Supremacy Clause to override or preempt state or local actions


         Contract With America


Americans believed that the Federal Government had too much power, favoring the states to assume many of the functions.


Mandates – National Laws that direct states or local govts to comply with Federal rules or regulations.


             Funded and Unfunded





Judicial Federalism

(term coined by former

NY Gov Mario Cuomo)


SC has held to 5-4 majority against increased Congressional power, providing the states with greater authority on different issues


US v Lopez (1995) Congress could not regulate gun laws, that belongs to the states.


US Term Limits v Thornton (1995)

State could not impose term limits on a federal election




Bush v Gore (2000) 5-4 along lib/con lines ruled that Fla sc interpretation of Fla law violated federal law and the Constitution



Sovereign immunity    - the right of a state to be free from a lawsuit unless it gives permission

{11 Amendment}