1. ______ ______ is the power of the courts to figure out if a law is constitutional or not.

2. The Constitution has a Preamble and ____ Articles.

3. Popular sovereignty means that power lies with the _________.

4. It is rather difficult to _______, or change, the Constitution.

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Constitution Flip Book due now

What will we learn today?What will we learn today?12.7.1 Conflicts between levels of gov. and resolution12.7.3 Reserved powers and concurrent powers12.7.4 9th and 10th Amendments12.10 Maintaining a balance in our constitutional democracy

Unit: The ConstitutionUnit: The ConstitutionDay 2Day 2

Assignment 10: 3.3 and 4.1: Federalism

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Chapter 3, Section 3Chapter 3, Section 3

S E C T I O N 3

Informal AmendmentHow has basic legislation changed the

Constitution over time?

What powers do the executive branch and the courts have to amend the Constitution?

What role do party politics and custom have in shaping the Federal Government?

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Informal Amendment Processes

The informal amendment process can take place by:(1) the passage of basic legislation by Congress;(2) actions taken by the President;(3) key decisions of the Supreme Court;(4) the activities of political parties; and(5) custom.

Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word.

Executive Action and Court DecisionsExecutive Action

Presidential actions have produced a number of important informal amendments, such as the use of the military under the power of commander in chief.

An executive agreement is a pact made by the President directly with the head of a foreign state.

Court DecisionsThe nation’s courts,

most importantly the United States Supreme Court, interpret and apply the Constitution in many cases they hear.

Chapter 4, Section 1Chapter 4, Section 1

S E C T I O N 1

Federalism: The Division of PowerWhat is federalism, and why was it chosen by the

Framers?What powers are delegated to and denied to the

National Government, and what powers are reserved for and denied to the States?

What exclusive powers does the National Government have, and what concurrent powers does it share with the States?

What place do local governments have in the federal system?

How does the Constitution function as “the supreme Law of the Land?”

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The Framers were dedicated to the concept of limited government. They were convinced

Why Federalism?

(1) that governmental power poses a threat to individual liberty,

(2) that therefore the exercise of governmental power must be restrained, and

(3) that to divide governmental power, as federalism does, is to curb it and so prevent its abuse.

Chapter 4, Section 1Chapter 4, Section 122 33

Federalism DefinedFederalism is a system of government in which a written constitution divides the

powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces.

Chapter 4, Section 1Chapter 4, Section 122 33

The Constitution provides for a division of powers, assigning certain powers to the National Government and certain powers to the States.

Powers of the National Government

Chapter 4, Section 1Chapter 4, Section 122 33

The National Government is a government of delegated powers, meaning that it only has those powers delegated (granted) to it in the Constitution.

There are three types of delegated powers:

The expressed powers are those found directly within the Constitution.

The implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers.

The inherent powers belong to the National Government because it is the government of a sovereign state within the world community. There are few inherent powers, with an example being the National Government’s ability to regulate immigration.

Powers Denied to the National Government

Powers are denied to the National Government in three distinct ways:

Chapter 4, Section 1Chapter 4, Section 122 33

Some powers, such as the power to levy duties on exports or prohibit the freedom of religion, speech, press, or assembly, are expressly denied to the National Government in the Constitution.

Also, some powers are denied to the National Government because the Constitution is silent on the issue.

Finally, some powers are denied to the National Government because the federal system does not intend the National Government to carry out those functions.

The States Powers Reserved to the

StatesThe 10th Amendment

declares that the States are governments of reserved powers.

The reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States.

Chapter 4, Section 1Chapter 4, Section 122 33

Powers Denied to the States

Just as the Constitution denies many powers the National Government, it also denies many powers to the States.

Powers denied to the States are denied in much the same way that powers are denied to the National Government; both expressly and inherently.

The Exclusive and Concurrent Powers

Exclusive PowersPowers that can be

exercised by the National Government alone are known as the exclusive powers.

Examples of the exclusive powers are the National Government’s power to coin money, to make treaties with foreign states, and to lay duties (taxes) on imports.

Concurrent PowersThe concurrent powers

are those powers that both the National Government and the States possess and exercise.

Some of the concurrent powers include the power to levy and collect taxes, to define crimes and set punishments for them, and to claim private property for public use.

Chapter 4, Section 1Chapter 4, Section 122 33

The Federal System and Local Governments

There are more than 87,000 units of local government in the United States today.

Each of these local units is located within one of the 50 States. Each State has created these units through its constitution and laws.

Local governments, since they are created by States, are exercising State law through their own means.

Chapter 4, Section 1Chapter 4, Section 122 33

The Division of Powers The federal

system determines the way that powers are divided and shared between the National and State governments.

Chapter 4, Section 1Chapter 4, Section 122 33

The Supreme Law of the Land The Supremacy Clause in the Constitution establishes the Constitution and United States

laws as the “supreme Law of the Land.”

Chapter 4, Section 1Chapter 4, Section 122 33

Assignment 11: 4.1 Guided Reading

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Assignment 12:Chapter 3 - 4 Phocabulary

1. Cabinet (pg. 81)2. Judicial review (pg. 69)3. Veto (pg. 67)4. Federalism (pg. 88)5. Expressed powers (pg. 89)6. Implied powers (pg. 90)7. Inherent power (pg. 91)8. Supremacy clause (pg. 94)

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Assignment 11: Assignment 11: 4.1 Guided Reading4.1 Guided Reading