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Transcript_Constitution and
Federalism
The constitution is the foundation of the U.S. system of government It establishes the three branches of government and specifies their powers It defines the basic rights of individuals that cannot be legally denied by the government The constitution creates a system of government based on the rule of law A constitution establishes the structure, functions, and limitations of a government The U.S. government has three separate co-equal branches: legislative, executive, and judicial Each branch has defined responsibilities and authority The constitution places limitations on government power to protect individual freedoms and democracy The American colonies declared themselves independent states in the Declaration of Independence The states formed a national government under the Articles of Confederation The Articles of Confederation were revised in 1787 during the Constitutional Convention The new constitution created a federal-style government with supreme authority over the states The new constitution faced opposition from Anti-Federalists, but was ratified in 1788 The United States government began operating under the new constitution in 1789 The U.S. Constitution has been in operation for over 230 years It has been amended to address problems and injustices The constitution has served as a model for democratic governments worldwide
The Constitution and Federalism
Slide 1: Introduction to the Constitution
Slide 2: Structure and Function of the Constitution
Slide 3: The Formation of the United States
Conclusion
Main Ideas
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Three basic principles in the U.S. constitution define the system of government and prevent concentration of power. The three branches of government are legislative, executive, and judicial. The separation of powers principle prevents concentration of power and divides government power between the three branches. The legislative branch makes laws, the executive branch implements and enforces laws, and the judicial branch interprets and applies laws. The judicial branch has the authority to interpret the law and the constitution. The system of checks and balances gives each branch the power to check or limit certain powers of the other branches. The president can veto laws passed by Congress, but Congress can override the veto with a two-thirds majority vote. Congress can impeach and remove a president from office. Only Congress can declare a state of war. The Senate approves the top leaders of the federal government departments and agencies. The U.S. Capitol building in Washington, D.C. is the home of Congress. The White House contains the residence and offices of the president. The Supreme Court building in Washington, D.C. is where legal cases are brought before the Court. The president needs a federal bureaucracy to implement and enforce laws passed by Congress. The Department of Homeland Security implements immigration laws. The U.S. Citizenship and Immigration Services agency processes citizenship applications. The Immigration and Customs Enforcement agency enforces immigration laws. The judicial branch interprets the law and applies it in court cases. The judicial branch decides the meaning of laws and the constitution. The judicial branch has the authority to decide what constitutes cruel and unusual punishment. The system of checks and balances prevents one branch from becoming too powerful. The president can veto laws passed by Congress.
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Supporting Details
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The constitution provides the legal basis and design for the federal system of government. The national government consists of the three branches: legislative, executive, and judicial. Each state has its own three branches of government. The constitution is the highest form of law, and neither the federal government nor state governments can pass laws that violate it. Learning about the federal government is important Recognize all parts of the U.S. governing system and how they fit together Constitution has three basic parts: Preamble, seven articles, and 27 amendments Articles lay out the design, organization, and function of the government Amendments are changes made to the original seven Articles since 1787 Preamble specifies the purpose and goals of the constitution and the government First three articles establish the legislative, executive, and judicial branches Article IV discusses relations between states and between federal government and states Article IV guarantees a republican form of government for each state and protection from foreign invasion or domestic insurrection Article V specifies the process for amending the constitution Article VI assumes debt obligations from the Articles of Confederation and establishes the supremacy of federal laws over state laws Federal law prohibits the use of marijuana for any purpose, despite some states legalizing it for medicinal or recreational use. The Supremacy Clause gives the federal government the authority to enforce federal marijuana law in all states. Elected officials take an oath of allegiance to the constitution, promising their highest loyalty to it. Violating this oath can result in removal from office and a breach of trust with the American people. Article VI prohibits religious tests for holding office, ensuring religious freedom. Article VII states that the constitution must be ratified by 9 out of 13 states to go into effect. Slide 12: Note
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New Hampshire became the ninth state to ratify the constitution in June 1788. Article I establishes the legislative branch (Congress) and its powers. Congress is responsible for making federal laws that apply to all 50 states. The House of Representatives and the Senate make up the Congress. Article I sets the qualifications for holding office in Congress and explains the specific powers of Congress. Section 8 of Article I lists the enumerated powers of Congress, such as regulating commerce, declaring war, and raising an army. Congress is not supposed to pass any law that is not covered by one of the enumerated powers. The Necessary and Proper Clause allows Congress to pass laws necessary for carrying out the enumerated powers. Environmental laws are justified under the power to regulate commerce between states. Implied powers are powers that Congress has based on the powers it does have. Article V specifies the process for amending the constitution. The process consists of two stages: proposal and ratification. The usual method for proposing and ratifying amendments is through a two-thirds supermajority vote in both houses of Congress and ratification by three-quarters of the states. This process is intentionally difficult to ensure that amendments are carefully considered. The constitution has been amended only 27 times in over 230 years. Both stages of the amendment process are controlled by elected representatives of the government. Two methods of amending the constitution: usual method and convention method Usual method: Proposal stage: requires two-thirds vote in favor from state legislatures Ratification stage: requires three-quarters vote in favor from state conventions Supermajorities of support needed from American people or their representatives Convention method: Proposal stage: national convention called if two-thirds of state legislatures ask for it Slide 17: Slide 18: Page 11:
Free speech is an important right that allows us to say things that others may disagree with or dislike, including the government. Limitations on free speech include not jeopardizing public safety, not threatening or slandering others. Free speech rights protect us from government limitations, but not necessarily in the private sector. The First Amendment also guarantees the right to assemble and protest peacefully, as well as the freedom to petition the government for change. A free press is critical in a democracy to hold the government accountable and inform the public about its actions. Journalists should be allowed to question, investigate, and report on the government without fear of retribution. Authoritarian and dictatorial governing systems restrict criticism, control the press, and punish dissent. The First Amendment protects the freedom of religion and other freedoms that allow people to think, say, and write freely, with some limits to protect the public. The Second Amendment guarantees the right of Americans to bear arms, i.e., possess guns. The interpretation of the Second Amendment is controversial due to gun violence in the United States. Strong supporters of gun rights focus on the phrase "the right of the people to keep and bear arms shall not be infringed." Supporters of gun control argue that the context of the complete statement, mentioning a well-regulated militia, allows for stricter gun regulations. The government currently prohibits citizens from owning certain types of weapons of war. Recent judicial decisions strongly favor allowing citizens to own and carry guns for protection. The debate over whether to allow ownership of military-style rifles with Page 13: Page 14:
