The Constitution

Amending the Constitution

• Step 1: Amendment proposed by– 2/3 vote of Congress– Convention by Congress on petition of 2/3 of the

states (never used)• Step 2: Amendment ratified by – ¾ of state legislatures– ¾ of ratifying conventions called by states (21st

amendment)

• Chart of documents influencing the Bill of Rights (p. 64)– Magna Carta– English Bill of Rights

Bill of Rights

• 1791 - states ratified the Bill of Rights

• 1st – Freedoms (PAPeRS)– Press NOT subject to prior restraint

• 4th – need probable cause, search warrant, arrest warrant

• 5th – eminent domain, due process of law

Chapter 4The Federal System

Basic Principles

• Two levels of government– Each assumes power from the people– Each level is considered supreme in the

areas of power assigned to it– Each level is protected to prevent the other

from exerting too much control

Supremacy Clause

• Article VI, Section 2• Constitution is the Supreme Law of the Land• Order of supremacy

1. Constitution2. Acts of Congress and Treaties3. State Constitutions4. State Statutes (laws)5. City and County Charters

Powers of Government

• Expressed/Enumerated – stated in Article 1, Section 8– What are the expressed powers?

• Implied – those necessary to carry out expressed– Elastic or necessary and proper clause– What are some implied powers?– McCulloch v. Maryland

Powers of Government

• Reserved – powers reserved to states – Amendment 10

• Inherent – power gov’t has by being sovereign– Carrying out the purposes of gov’t

• Concurrent – powers shared by fed. and state

• Powers of Government handout

Role of National and State Government

• Denied Powers– Power expressly denied in Constitution –• Fed. can’t tax exports• states can’t sign treaties with other countries

– Power denied because Constitution is silent on the matter – public schools

– Powers denied because of the structure of the federal system• National gov’t can’t levy a tax on state governments or

vice versa• States can’t declare war

Power Structure

p. 97