Chapter 3, Section 1Basic Principles of the Constitution

U.S. Constitution

Popular Sovereignty

Limited Government

Separation of Powers

Checks and Balances

Checks and Balances

The Federalist Papers

• Video• Federalist Papers

• Homework Packet: pg. 139-140

Judicial Review

• Supreme Court has the power to determine the constitutionality of governmental action.

• Marbury v. Madison• Video• Explanation

Federalism

• Governmental power is distributed through the central government and regional governments.

• Federalism was a compromise for the Framers of the Constitution.

Chapter 4: Federalism

Federalism

• Federalism is a system of government in which a written constitution divides the powers of government on a territorial basis, between a central government and several regional governments, usually called states or provinces.

Powers of the Federal Government

Delegated Powers• The National Government is a government of

delegated powers.• The government only has powers delegated

(granted) in the Constitution.• 2 types of delegated powers: expressed and

implied

Expressed Powers

• Powers delegated to the National Government in so many words- spelled out, expressly in the Constitution.

• Article I, Section 8• Article II, Section 2

• Constitution

Implied Powers

• Not expressly stated in the Constitution, but they are reasonably suggested- implied- by the expressed powers.

• Necessary and Proper Clause- Article I, Section 8, Clause 18

• Constitution• The Necessary and Proper Clause is sometimes

called the elastic clause, because, over time, it has been stretched to cover many different situations.

• Pg. 97- 2nd paragraph

Powers Denied to the Federal Government

• Levy duties on exports.• Take private property for public use without

compensation.• Conduct illegal search and seizures.• Prohibit freedom of religion, speech, press, or

assembly.• Create a national public school system.• Enact marriage and divorce laws.

Powers Reserved to the States

• Forbid any persons under the age of 18 to marry without parental consent.

• Prohibit some forms of gambling and permit others.

• Require that doctors, lawyers, plumbers and teachers be licensed.

• Establish public school systems.

• PA School Districts• PA Teaching Certificate

Powers Denied to the States

• Print or coin money.• Tax any agency of the national government.

Exclusive and Concurrent Powers

• Exclusive Powers- Powers that can be exercised by the National Government alone. Not by the states.

• Print or coin money• Make treaties with foreign countries• Tax imports

U.S. President Barack Obama (left) and Russian President Dmitry Medvedevsigned the New Strategic Arms Reduction Treaty (New START) on April 8, 2010

Exclusive and Concurrent Powers

• Concurrent Powers- Powers that both the national government and the states possess and exercise.

• Chart- pg. 100• Levy and collect taxes.• Define crimes and set punishments for them.

The Supremacy Clause

• A provision of the United States Constitution that states the Constitution, federal law, and treaties of the United States are the “Supreme Law of the Land.”

• Article VI, Section 2

McCulloch v. Maryland

• Read- pg. 101• Video• Example of the supremacy of the national

government.• Very important considering the infancy of the

federal system of the United States.• Precedent?

Federal Grants- in- Aid

• Perhaps the best known examples of this intergovernmental cooperation are the many federal grant-in-aid programs.

• Grants of federal money or other resources to the states.

• Currently, there are more than 500 grant-in-aid programs in operation.

• Areas: Education, mass transit, highway construction, healthcare.

http://www.portal.health.state.pa.us/portal/server.pt/community/department_of_health_home/17457

Types of Federal Grants

• Today, Congress appropriates money for three types of grant-in-aid programs: – Categorical grants– Block grants– Project grants

Denver Grant Request

Chart- pg. 108

Categorical Grants

• Are made for some specific, closely defined purpose.

• Examples- School lunches, airports, waste water treatment plants.

Strings Attached 1. Use the money only for the specific purpose

involved.2. Make its own monetary contribution.3. Provide an agency to administer the grant.4. Obey a set of guidelines tailored to the specific

purpose for which the monies are given.

Block Grants

• A type of grant-in-aid for some particular but broadly defined area of public policy.

• Examples- Healthcare, social services, or welfare.

• Made with fewer strings attached.

Project Grants

• One type of grant-in-aid, made for specific projects to States, localities, and private agencies who apply for them.

• Many state and local governments apply for project grants to fund their job training and employment programs.

Section 3: Interstate Compacts

• No state can enter into any treaty, alliance, or confederation. – United States Constitution

• States can, with the consent of Congress, enter into interstate compacts.

• Pennsylvania+ New Jersey- Delaware River port Authority. Both states manage the facilities of their borders.

• Delaware River Port Authority

Extradition

• Article IV, Section 2, Clause 2• The legal process by which a fugitive from

justice in one state can return to that state.• Is designed to prevent a person from escaping

justice by fleeing the state.• Constitution• Cop Killer Extradition

Privileges and Immunities

• The Constitution’s stipulation that all citizens are entitled to certain “privileges and immunities,” regardless of their state residence; no state can draw unreasonable distinctions between its own residents and those persons who happen to live in other states.

• Out of state residents are free to use the courts, buy, own, rent, or sell property.

• States can not make companies hire state residents.• State colleges and university can charge out- of – state

students more tuition money than state residents.• West Chester