3.9 - The Constitution

Federalism

• Division of Powers: The Constitution divides power between the federal government and state governments.

  • Federal Responsibilities: Issues impacting the entire country, such as national defense, foreign affairs, interstate commerce, and postal services.

  • State Responsibilities: Matters affecting only individual states, including education and local elections.

• Evolution of Federal Power: Over time, as transportation, communication, and the economy have become more interconnected, the federal government has assumed more responsibilities. Amendments, such as the 19th Amendment (women's suffrage), have also expanded federal powers.

• Modern Government: By the 21st century, the federal government accounted for around 40% of the GDP, funding programs like Social Security, Medicare, and the military, and transferring funds to state and local governments. However, most public employees work at state and local levels, particularly in education.

Separation of Powers

• Three Branches of Government:

  • Legislative (Congress): Makes laws, passes taxes, and allocates spending.

  • Executive (President): Recommends and enforces laws and federal programs.

  • Judicial (Supreme Court and Lower Courts): Interprets laws and the Constitution.

• Checks and Balances: Each branch can limit or influence the powers of the other branches.

  • Examples:

    • Congress can pass laws, but the President can veto them, and the Supreme Court can rule them unconstitutional.

    • The President can make treaties, but they require Senate ratification.

    • The President enforces laws, but the Supreme Court can halt actions that violate the Constitution.

    • The Supreme Court interprets laws, but Congress can pass new laws.

    • The Supreme Court can order the President to enforce laws, but the President appoints justices.

The Bill of Rights 

• Purpose: To protect individual liberties and address concerns raised during the ratification debates.

• Drafting and Ratification: Proposed by the first Congress and largely drafted by James Madison, the Bill of Rights was ratified in 1791.

• Amendments:
  
  Note: You don't need to know all the amendments, just know the above bullets.

• First Amendment: Protects freedoms of religion, speech, press, assembly, and petition.

• • Second Amendment: Right to keep and bear arms.

  • Third Amendment: Protection against quartering of soldiers.

  • Fourth Amendment: Protection against unreasonable searches and seizures.

  • Fifth Amendment: Rights in criminal cases, including due process, protection against self-incrimination, and double jeopardy.

  • Sixth Amendment: Right to a speedy and public trial, an impartial jury, and counsel.

  • Seventh Amendment: Right to trial by jury in civil cases.

  • Eighth Amendment: Protection against excessive bail, fines, and cruel and unusual punishment.

  • Ninth Amendment: Recognition that rights not listed are still protected.

  • Tenth Amendment: Powers not delegated to the federal government are reserved to the states or the people.