Regents ReviewRegents Review

Constitutional Principles

Elastic ClauseElastic Clause

Definition:Constitution is a flexible document that can

change over time.Congress can make all laws “necessary and

proper” for carrying out the Constitution.Implied power of Congress.

Elastic ClauseElastic Clause

Example: Louisiana Purchase1803- Jefferson can double the size of the

U.S. with the Louisiana Purchase. Supporting the purchase meant adopting a

loose interpretation of the Constitution.Did President have the right to buy the

land? Constitution gave him the right to make treaties.

Elastic Clause- Louisiana Elastic Clause- Louisiana PurchasePurchase

1803- Senate agreed.Purchase from France for 15 million

dollars.Doubled the size of the U.S.Gained the Mississippi River.Lewis and Clark expedition.

Separation of PowersSeparation of Powers

Definition:Enlightenment idea- MontesquieuGovernment is divided among legislative,

executive and judicial branches.Make sure no single branch can dominate

government.Each branch gets its power from the

Constitution.

Separation of Powers: Separation of Powers: ExampleExample

Legislature- makes laws.

Declare war Override a veto Approve Presidential

appointments. Approve treaties. Impeach.

Executive- enforces laws and treaties.

Veto laws Commander in chief Appoints judges Makes treaties.

Separation of Powers Separation of Powers (continued)(continued)

Judicial- explains and interprets the laws.Settles disputes between states.Settles disputes between state and Federal

government.Settles disputes involving foreign

ambassadors.

FederalismFederalism

Definition: Articles of Confederation gave too much

power to the state governments.Federalism divides power between the state

and Federal government.

Federalism: ExampleFederalism: Example

Delegated- powers given to the Federal government.

Maintain army & navy Declare war Coin money Regulate trade Make all laws

“necessary and proper”

Reserved- Powers granted to state governments.

Education & schools Marriage and

professional licenses. Motor vehicles Regulate businesses

within a state.

Federalism- continuedFederalism- continued

Concurrent- powers shared by both the state and Federal government.

Enforce lawsTaxesBuild roadsEstablish courts

Judicial ReviewJudicial Review

Definition:Example of the “unwritten” Constitution.Right of Federal courts to review a law and

declare the law unconstitutional.Supreme Court has the final determination.

Judicial Review- ExampleJudicial Review- Example

Marbury v. MadisonPresidential election of 1800 Jefferson

defeats Adams.Election decided Feb. 1801. Jefferson did

not take office until March 1801.Adams and the Federalist controlled

Congress passed Judiciary Act- creating a number of new courts.

Judicial Review- Marbury v. Judicial Review- Marbury v. Madison (continued)Madison (continued)

March 2nd Adams appointed 42 Federalists to these courts.

Following day Senate approved the appointments.

One of the judges was William Marbury appointed Justice of the Peace in the District of Colombia.

At noon, Adams left office, Jefferson inaugurated.

Marbury v. Madison Marbury v. Madison (continued)(continued)

Marbury’s commission was signed by Adams and Marshall (Secretary of State at the time).

Marshall had been appointed Chief Justice.Jefferson voided 25 of the 42 commissions

including Marbury because they had not been delivered by the days end.

Marbury v. Madison Marbury v. Madison (continued)(continued)

Jefferson ordered Madison (new Secretary of State) not to deliver the commissions.

Marbury sues Madison.Decision: February 1803- Marshall

declares the Judiciary Act unconstitutional.

Checks and BalancesChecks and Balances

Definition: Enlightenment idea- MontesquieuGives each branch a way to check/control

the other branch.Prevents one branch from having too much

power.

Checks and Balances: Checks and Balances: ExampleExample

A bill becoming a law:Bill introduced into the House or Senate.Needs majority vote.Must go through same process in other

house.Bill goes to President.He signs it- bill becomes a LAW.

Checks and Balances: Checks and Balances: Example (continued)Example (continued)

President vetoes- bill goes back to Congress.

Congress can override with 2/3rd vote and bill becomes a LAW.

Supreme Court can interpret the law and declare the law unconstitutional (Judicial Review).