and important clauses of constitution. discuss 1. preamble 2. articles 3. clauses 4. amendments
TRANSCRIPT
ANDImportant Clauses of Constitution
Discuss 1. preamble 2. articles 3. clauses 4. amendments
1. Three branches of government – executive, legislative, and judicial
2. Federal system of government – divide power between federal (national) govt and state govt
Reminder --- teach my awesome students the “federalism hand signal”
Enumerated powers means powers of fed govt specifically listed in constitution
Implied powers of federal govt means powers not listed in constitution. Implied powers are found in the “elastic clause” (Article 1 of const.). Implied powers strengthens power of fed govt.
All powers NOT listed in constitution are reserved powers for the states.
Clause – sentence in constitution. Elastic clause - “Congress shall have the
power to make all laws which are necessary and proper to execute one of the 17 enumerated powers.”
Created “implied powers” of federal govt
Ex – fed govt can maintain an army (enumerated power), so it is “implied” that the fed govt can create an air force.
Specifically - Constitution is supreme law of the land.
In general, const and fed laws and treaties are supreme law of the land
Supreme law of land means = final authority or highest law of the land
Found in 14th amendment of constitution Used to decide Plessy v. Ferguson and
Brown v. Board of Education Protects minority groups form unfair
treatment by govt
Found in 5th and 14th amendments of constitution
Means govt must follow procedures
Example- when arrested police must follow procedures (or due process rights) and read miranda rights
Based on the information in the graphic organizer, a constitutional amendment is ratified by
a. A constitutional convention called by Congressb. Three-fourths of the 50 state legislaturesc. A two-thirds vote of both house of Congressd. All of the above
Supreme Court decision – established “Judicial Review”
Judicial Review means that the Supreme Court can “check” the other 2 branches to determine if actions/laws are constitutional
Judicial Review is an example of checks and balances
Chief Justice of the Supreme Court from 1801 - 1835
John Marshall court decided Marbury v. Madison (1803) and established Judicial Review
Also decided McCulloch v. Maryland (1819) states could not tax federal institutions.
Yes – majority vote wins But majority must always respect rights of the
minority. Minority rights protected by constitution
Ex. Due process of law – govt can not take away man’s life,liberty, or property without due process of law
Ex. “Equal protection clause” – minorities have the right to be treated “equally”. Men (majority) and women (minority) must be paid the same for the same work. Blacks (minority) have same right to go to same public schools as whites (majority).