Section 9…Powers DENIED to Congress

OPENING
Why is it so important to learn about the
Constitution?
What does the Preamble to the Constitution
reflect about the founders’ philosophical
views on government?
• How does President Obama have the power/authority to ban flights
from other countries with people infected with Ebola?
• Can President Obama change laws on immigrations through an
executive order without going through Congress?
• Can a state refuse to allow the Syrian refugee currently coming into the
US to move to its state when Obama has permitted 10,000 to enter the
country?
• Can a state ban all forms of birth control?
• Can a cop search my car when he/she pulls me over for speeding?
• Under what circumstances can a cop search my home?
• Can my future employer fire me for something I say that they disagree
with?
• Do we have a “right to die” or can a doctor or family/friend be charged
with murder if they assist someone with suicide?
• How can a President lose the popular vote and be elected president?
• Do I have to stand up and say the Pledge of Allegiance everyday?
Do Now: We the People….
• We the People of the United States, in
Order to form a more perfect Union,
establish Justice, insure domestic
Tranquility, provide for the common
defense, promote the general Welfare,
and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and
establish this Constitution for the United
States of America.
• Title = Election positions
• What positions in the US
Government are up for
grabs for election in
the…
– 2016 election?
– 2018 election?
– 2020 election?
• Make sure you provide
every position that is up
for grabs and the number
of positions that are up
for grabs
• Analyze the
powers given
to the
Legislative
Branch in the
Constitution
• Understand
how a law
and
amendment
are created
1.
2.
3.
4.
Articles of Confederation and why they fail
Convention facts and who is there
2 Compromises in the Convention
Principles – Federalism, Checks and Balances,
Separation of Powers
5. 7 Articles, powers for each branch
6. How a Bill Becomes a law
7. How to make an Amendment
8. Electoral College
9. Ratification – Feds vs Antifeds
10.Bill of Rights
11.Supreme Court
1.
2.
3.
4.
5.
Legislative Powers
Executive Powers
Judicial Powers
States Powers
How to make
amendment
6. National Debt
validation,
Supremacy of
National Law, Oath
to Constitution
7. Ratification of
Constitution
• Section 1
1. Congress =
•
•
• Section 2…House of
Reps =
1. Representatives
a) elected every ___ yrs
b) voted by
___________ election
in the states
c) Qualifications
1. must be _____ yrs old
2. must reside in state in
which you are selected
3. Citizen for 7 years
• 2. Paragraph 3…How the #
of Reps is determined
a) # of Reps in each state
determined by ____________
•
•
•
b) Representation #’s
recalculated every _____
years…(?)
• 3. House of Reps choose
_______________________,
which is the top position in
the House of Reps
• 4. House has sole power
of…
a)
b)
• Section 3…Senate = __________ House
1. Senators
b) are elected every ___ years
c) voted by _____________ election in the states (today)
d) Qualifications
1. must be ____ years old…(?)
2. must reside in state in which you are selected (Hillary Clinton)
3. Must be a citizen for 9 years
2. Paragraph 2…Senate Classes
a) 3 Senate Classes exist
1. about _____(think #) Senators are in each class (more on this)
3. President of the Senate = _______________________
a) what powers does he have?
4. Powers just for the Senate?
a)
Impeachment – Checks &
Balances
• Laws are not
amendments…
– Not permanent
• Can be removed
• Can Expire
– http://www.yout
ube.com/watch
?v=x4ND1tBsM
w0
• Proposed in House (or
Senate)
– Written in House
Committee
• Voted by House
– Needs simple majority…
• Goes to Senate
– Rewritten in Senate
Committee
• Voted by Senate
– Needs simple majority…
• Needs to be identical bill
• Given to President to
sign
• He can either (3)
– Sign it
– Veto it
– Sit on it
• Congress can override
his veto (check to his
power) with 2/3rd vote
– Rare though
• Flip to
Article 5
• Amendment
is permanent
• First
– 2/3 House & Senate
approve
– Amendment has ~7
years to be ratified
– 3/4 of State Legs
(38/50) ratify it
• Second
– 2/3 of state legislatures
call for Convention to
make an amendment
• Congress is overridden
– 3/4 of State Legs ratify it
– Still hasn’t been done
Section 8
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
create and collect taxes, duties, imposts and excises
pay debts
provide defense and general welfare
borrow money
regulate commerce
create rules for naturalization…
create rules for bankruptcies
coin money
establish post offices
post roads
granting patents and copyrights
DECLARE WAR
TO RAISE AND SUPPORT ARMIES
TO PROVIDE AND MAINTAIN A NAVY
to call militias (national guard) to uphold the Constitution
use the national guard to suppress insurrections and invasions
To make all Laws which shall be necessary and proper for carrying into
Execution the foregoing Powers, and all other Powers vested by this Constitution
in the Government of the United States, or in any Department or Officer thereof
17. To make all Laws which shall be
necessary and proper for carrying into
Execution the foregoing Powers, and all
other Powers vested by this Constitution
in the Government of the United States,
or in any Department or Officer thereof
1. create and collect taxes, duties,
imposts and excises
2. pay debts
3. provide defense and general welfare
4. borrow money
5. regulate commerce
6. create rules for naturalization…
7. create rules for bankruptcies
8. coin money
9. establish post offices
10.post roads
11.granting patents and copyrights
12.declare war
13.to raise and support armies $$$
14.to provide and maintain a navy
15.to call militias (national guard) to
uphold the Constitution
16.use the national guard to suppress
insurrections and invasions
• Title = Elastic Clause
• Look at the powers given
 to the Congress & try to
determine how/where the
following laws added power
to Congress
– Patriot Act 2001
– Japanese Internment Camps
– Affordable Care Act (Obama
Care)
– Clean Air Act
– You come up with one
• Is it  or  to have this in
the Constitution? Why?
• In 1787, the US gov & its
powers were SMALL…
– Is it today?
• Elastic Clause leads to
MANY debates in US1…
– Bank of the United States
– Roads debate
• And US2…
– FDR and New Deal
• And Philsosophically
– Loose vs Strict
• Section 9…Powers DENIED
to Congress
1. Congress will not stop the
migration and importation of
“Such Persons” until 1808
• a. but it can put a tax on “Such
Persons”
2. Writ of Habeas Corpus shall not
be suspended unless in cases
of Rebellion or Invasion and the
public safety is in question…
3. No ex post facto Law shall be
passed…
4. No title of nobility will be granted
by the USA…
• Section 10…Powers Denied
to states (explains it)
CLOSING
What does it mean to say the Constitution is
a living document? How does necessary &
proper clause reflect this idea.
What potential problems are there with the
elastic clause? Does it contradict the idea
of limited government or is government
still limited?
• Title = Elastic Clause and Fed Gov = ?
• Should we feel safe or threatened to know the Fed Gov
has the Elastic Clause that allows them to add powers
to their enumerated powers?
• Is the Fed Gov growing too powerful for you on “the
spectrum?” What events/laws supports your stance?
• How was the Constitution designed to make sure the
Fed Gov could not grow out of control?