The Constitution: The Basics and A Review

Federalism

 A federal system is one in which the Constitution divides powers between the central government and subdivisional governments Federal systems• check the growth of tyranny• allow unity without uniformity• encourage state experimentation• permit power sharing between the national government and the states

It divides power between a national govt and state govts

The Constitution

It is the highest form of law in the U.S.It sets guidelines w/in which the govt must operateIt is open to interpretation

Amendments

Informal Methods

Formal Methods

1. legislation that can refine/define words in the constitution2. using presidential powers to act independently3. using court cases to interpret laws4. upholding long held customs as constitutional necessity5. political parties can define processes

this demonstrates federalism

The Constitution - Rule of Law

Rule of law - is the concept of limited gov’t

The gov’t and its officers must obey this rule of law which in turn limits the govt (from possible tyranny)

What guarantees the basic freedoms for the American people?

The power of a court to refuse to enforce a law or a government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.

Sentence: Marbury v. Madison established the concept of judicial review.

 Marbury v. Madison: Formed the basis for the exercise of judicial review under Article III of the Constitution.This case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not delivered. Marbury petitioned the Supreme Court to force Secretary of State James Madison to deliver the documents, but the court, with John Marshall as Chief Justice, denied Marbury's petition, holding that the part of the statute upon which he based his claim, the Judiciary Act of 1789, was unconstitutional.Marbury v. Madison was the first time the Supreme Court declared something "unconstitutional", and established the concept of judicial review in the U.S. Sentence: Marbury v. Madison was a landmark case that helped define the "checks and balances" of the American form of government.

 What is the cabinet?

Many people help the president manage the business of the executive branch. His most important advisers are the members of the CabinetThe modern Cabinet has fifteen heads of departments, as well as a number of other important officials. Secretaries of Agriculture, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, and Homeland Security are among some of the other Cabinet members.

 

Which of the following is the basic characteristic of federalism?

a. It gives most power to the national govt

b. It encourages citizen participation in govt

c. It divides power between a national gov’t and state govt

d. It gives most power to local units of govt