The Constitution, Federalism, Supreme Court

American Government

Supreme Court

Power to resolve conflicts between nation​

Does American Federalism Change?

Yes

How does the Supreme Court serve as a referee in the federal system?​

By settling disputes between the national govt. & the states.​

Dual Federalism

Means the national and state governments each run their own areas without overlap.

The Great Debate​

Was the intense argument between Federalists and Anti-Federalists over whether to ratify the U.S. Constitution and how much power the national government should have

National Bank

Is a bank chartered by the federal government that helps manage money, issue currency, and support the economy.

The Marshall Court​

• McCullock v Maryland – necessary & proper clause​

• Important SCOTUS case – settled a clash between state & federal law 1st time

Doctrine of nullification​

Is the idea that a state can reject or cancel a federal law it believes is unconstitutional.

Doctrine of secession

Is the belief that a state has the right to leave the United States and become independent if it feels the federal government has violated the Constitution.

Civil War est.

National supremacy & expanded constitutional powers of national govt.​

(Expanding National Power) Interstate Commerce Act

RR rates​

(Expanding National Power) Sherman Antitrust Act

monopolies

Cooperative Federalism

Is when national and state governments work together to solve problems and share responsibilities.

Creative Federalism

released federal funds to states to achieve national goals​

New Federalism

Returning authority to state governments

Reagan

• Cut national grant $ to states​

• fewer directives for how federal $ should be spent​

Devolution – returning power to states​

• Contract with America (‘94)​

Fiscal Federalism

Is how the national government uses money—like grants—to influence state policies and share responsibilities. (20th century national govt. power expanded with increased use of grants-in-aid)

Categorical Grants

Specific purpose

Block Grants

General purpose

How might grants-in-aid increase the national government’s power?​

Grants-in-aid increase the national government’s power by allowing it to influence state policies through funding—states often follow federal rules to receive the money.

Federal Mandates

Demands on states to carry out certain policies as a condition of receiving grant money

What types of federal aid do the states generally prefer? Why?​

States generally prefer block grants because they offer more flexibility—states can decide how to spend the money within broad guidelines, rather than following strict federal rules.

Issues in Federalism Today

• Immigration

• civil rights/culture wars

• fiscal disparities between states

• the increase between states

• the incresing influence of techology

• The balance of power between the federal government and state governments is continually tested by these factors.

How many words in the Constitution?

Framework of 9500 words

Three parts of the Constitution are…

• Preamble - broad goals (why)

• 7 articles - create structures of US govt.

• Amendments - 27 changes

Addressing the Problem of Governing​

• Govt. obliged to control itself​

• Est. a system of law​

• Knowledge that decision would have long lasting consequences​

• Giving people freedom while controlling them​

(6 Goals of Constitution) 1. Form a more perfect union means…

Create unified union as a whole/means creating a stronger, more unified nation

(6 Goals of Constitution) 2. Establish Justice means…

Create a judicial system that’s fair

(6 Goals of Constitution) 3. Ensure domestic tranquility means…

Peace at home

(6 Goals of Constitution) 4. Provide for the common defense means…

Govt has authority to protect our nation from other hostile nations

(6 Goals of Constitution) 5. Provide the general welfare means…

Standard of living to be improved

(6 Goals of Constitution) 6. Secure the blessing of liberty means…

Highlights the ideals of liberty

Governing after the Revolution

Framers concerned with govt. suppressing the liberty of its citizens. (British/American; War started, America won)

What are liberties?

Liberties are the freedoms people have to live, speak, and act without unfair control or interference.

(Principles of govt. in the Constitution) Framer’s Solution:

• Governing document

• Divide distributing and balance govt power

(Principles of govt. in the Constitution) Uses of Power:

• Govt. power subjects to will of the people

• Power as voters

Amendment Process

1. By Congress, with approval of at least 2/3 of both houses

Ratifying Amendment

• Congress sends proposed amendment to 50 states for ratification states can ratify in two ways

  1. Voted by state legislature (3/4 approval)

Legislative Action

Article III Section I

Is when Congress creates, changes, or interprets laws—especially in areas where the Constitution is silent or unclear, like new technologies or emerging global threats

Executive Implementation

Means the president and executive agencies carry out and enforce laws passed by Congress—often by creating regulations, programs, or agreements to put those laws into action.

Judicial interpretation

Means courts explain what laws and constitutional provisions mean, especially when applying them to new or complex situations.

Criticism of the constitution

• Gridlock

• Questions about representation

• Electoral college

• Winner take sall elections (plurality)

Checks & Balances (Executive Branch)

Checks on the Legislative Branch

• Can propose laws

• Can veto laws

• Can call special sessions of Congress

• Make Appointments

• Negotiates foreign treaties

Checks on the Judicial Branch

• Appoints federal judges

• Can grant pardon to federal offenders

Checks & Balances (Legislative Branch)

Checks on the Executive Branch

• Can override Presidential veto

• Confirms executive appointments

• Ratifies treaties

• Can declare war

• Appropriates money

• Can impeach & remove a President

Checks on the Judicial Branch

• Creates lower federal courts

• can impeach & remove judges

• Can propose amendments to overrule judicial decisions

• Approves appointments of federal judges

Checks & Balances (Judicial Branch)

Checks on the executive Branch

• Can declare execute actions unconstitutional

Check on the Legislative Branch

• Can declare execute actions unconstitutional

Federalism

Divide of power between 2 levels of government

Why Federalism?

Unitary rule/ Confederation struggle = Lacked ability to raise revenue, stability or unity.

Republic

Baron de Montesquieu

(Influenced by philosophers - self-rule and limited govt.)
Montesquieu championed the separation of powers to prevent tyranny and promote liberty.

Balancing Act

• Stronger national govt

• Preserve states’ rights

All powers dealing with states’ common interest

• National defense, currency - national govt

• All other powers - states

Why did framers choose federalism?

To distribute and divide government power

6 principles of the constitution 1 is….

P - Popular Sovereignty/The people hold the ultimate power. Government exists only with their consent.

6 principles of the constitution 2 is….

L - Limited government/Government can only do what the Constitution allows—no one is above the law.

6 principles of the constitution 3 is….

C - Checks and balances /Each branch can limit the powers of the others to prevent abuse or dominance.

6 principles of the constitution 4 is….

S - Separations of power/ Power is divided among three branches: legislative, executive, and judicial.

6 principles of the constitution 5 is….

J - Judicial reviews / good or bad / Courts can declare laws or actions unconstitutional, ensuring they follow the Constitution.

6 principles of the constitution 6 is….

F - Federalism / divides of power / Power is shared between national and state governments, each with its own responsibilities.

1803 Case Marbury v. Madison is what principle?

Judicial Review

5 Powers of Constitution

1. Express “Listed”

2. Implied “Suggested”

3. Inherent “Naturally Belonging”

4. Reserved Powers “To the States”

5. Shared Powers/Cocurrent Powers “both state and federal”

Denied Powers

Are actions that the U.S. Constitution specifically forbids the national or state governments from doing.

How is popular sovereignty expressed in the Constitution?

By the government getting authority from the people since sovereignty is where people hold the ultimate power in voting.

How might civil society support the principle of limited government?

By speaking up when leaders go too far, teaching others about rights, etc.

How does the structure of the Constitution reflect the separation of powers of government?

The Congress makes laws, and the president enforces them. Not one branch has all the control.

Name at least one check or balance that each branch of government has on the others?

That the congress can impeach the president or judges.

How might the power of judicial review affect ordinary citizens?

It is because the ordinary citizens rights views, and beliefs are being judged to being worthy or unworthy of being made into a law.

Why do supporters of states’ rights refer to the 10th amendment to strength their arguments

The ___ _________ backs up states because states keep power over anything.

Federal Government

A system where power is shared between a central national government and smaller state governments

State Government

The governing body of an individual U.S. state that makes and enforces laws within that state.

Local Government

The governing body that manages public services and policies within a specific community—like a city, town, or county.

Federalist

A person who supported the ratification of the U.S. Constitution and favored a strong national government.

Anti-Federalist

A person who opposed the ratification of the U.S. Constitution because they feared a strong national government would threaten individual rights and state power.

Framers

The group of leaders who wrote and shaped the U.S. Constitution during the Constitutional Convention of 1787.