"Today I am an inquisitor”"Today I am an inquisitor” A Tribute to Barbara Jordan
1936-1996
Congresswoman - Educator - Constitutionalist
"Earlier today we heard the beginning of the "Earlier today we heard the beginning of the Preamble to the Constitution of the United States, Preamble to the Constitution of the United States, We the peopleWe the people.. It is a very eloquent beginning. But It is a very eloquent beginning. But
when that document was completed, on the when that document was completed, on the seventeenth of September in 1787, I was not seventeenth of September in 1787, I was not
included in that included in that We, the peopleWe, the people.. I felt somehow for I felt somehow for many years that George Washington and many years that George Washington and
Alexander Hamilton just left me out by mistake. Alexander Hamilton just left me out by mistake. But through the process of amendment, But through the process of amendment,
interpretation, and court decision I have finally interpretation, and court decision I have finally
been included in been included in We, the people.We, the people.
Popular SovereigntyPopular Sovereignty•The principle that the The principle that the people are the source of people are the source of
power – found in the power – found in the PreamblePreamble
•The Constitution limits the The Constitution limits the power of the federal govt.power of the federal govt.
•How???How???
•By listing the specific powers By listing the specific powers of each branch of govt. andof each branch of govt. and
•Separating the govt. into 3 Separating the govt. into 3 branches – this is called…branches – this is called…
Limited Govt.Limited Govt.
States that the States that the Constitution is the Constitution is the supreme (highest) supreme (highest)
law of the landlaw of the land
Article VIArticle VI
SupremacySupremacy
A system of A system of government that government that
divides power divides power between the State between the State
governments and the governments and the FederalFederal govt. govt.
FederalismFederalism
FederalismFederalism
•A dual form of A dual form of govt. the govt. the divides powerdivides power
FederalismFederalism
Federalism Federalism CakeCake
Federal GovtFederal Govt
State GovtState GovtState GovtState Govt
Amendment #10Amendment #10Concurrent
Powers
Article V –Article V –outlines the outlines the
procedure for procedure for AMDENDINGAMDENDING the the
Constitution Constitution
The Amendment The Amendment ProcessProcess
FlexibilityFlexibilityThe Constitution has been The Constitution has been
able to change with the able to change with the times:times:
The Elastic The Elastic ClauseClause
• Article I, Section 2, Paragraph Article I, Section 2, Paragraph 1818
““Congress has the power to Congress has the power to pass laws that pass laws that areare
necessary and proper…”necessary and proper…”
Judicial ReviewJudicial Review
Judicial ReviewJudicial Review
The power of the The power of the Courts to declare Courts to declare
laws laws unconstitutional- unconstitutional- interpret whether interpret whether
the law is the law is “constitutional”“constitutional”
The The CongressCongress
makes the makes the lawslaws
The PresidentThe President
enforces the enforces the lawslaws
The courtsThe courts
interpret interpret the lawsthe laws
Checks and Checks and BalancesBalances
•Each branch of Each branch of government has government has
certain powers to certain powers to limit or limit or checkcheck the the
powers of the powers of the other twoother two
Separation of Separation of PowersPowers
•Powers are Powers are divided among divided among three branches three branches
of govt.of govt.
Separation of Separation of PowersPowers
•Powers are Powers are divided among divided among three branches three branches
of govt.of govt.
Delegated/Enumerated Delegated/Enumerated PowersPowers
•Powers Powers specifically specifically granted to granted to congresscongress
•Article I, Sec 8, Article I, Sec 8, Paragraph 1-Paragraph 1-1818
Group I : SWBA understand the term Group I : SWBA understand the term FederalismFederalismand how it worksand how it works
Group II: SWBA understand how the system Group II: SWBA understand how the system of of checks and balances limits the power of checks and balances limits the power of each branch of govt.each branch of govt.
Group II: SWBA understand how the Group II: SWBA understand how the amendment process works and how often it amendment process works and how often it occursoccurs
Group IV SWBA understand the importance Group IV SWBA understand the importance of Judicial Reviewof Judicial Review
Group V: SWBA how the elastic clause gives Group V: SWBA how the elastic clause gives the Constitution the Constitution flexibilityflexibility
High Court Bans School Segregation; 9-to-0 Decision Grants Time to Comply1896 Ruling Upset 'Separate but Equal' Doctrine Held Out of Place in Education; High Court Bans Public Pupil Bias
New York Times, May 17, 1954
1.1.The Living ConstitutionThe Living Constitution
2.2.Constitutional Constitutional Principles Principles
3.3.The Federalism cakeThe Federalism cake
4.4.Checks an balances Checks an balances diagramdiagram
5.5.Powers of the presidentPowers of the president
1.1.The Living ConstitutionThe Living Constitution
2.2.Constitutional Constitutional Principles Principles
3.3.The Federalism cakeThe Federalism cake
4.4.Checks an balances Checks an balances diagramdiagram
5.5.Powers of the presidentPowers of the president