Post on 22-Dec-2015
Warm-up: Written Assignment(Define & Explain) Define the principle of “federalism” and
explain what it means in your own words.
List the types of powers of our gov’t.
Power and the Constitution
SSCG5: Explain how the United States Constitution grants and limits the authority of public officials and government agencies.
ESSENTIAL QUESTIONS: What powers were given to the federal and state governments in the Constitution? What powers were denied How is the power of the government limited by the Constitution? What are examples of the expressed/enumerated, implied, reserved, and concurrent powers?
The Federal System Federalism
Power is shared by national (or federal) government and the state
Both levels of government (federal & state) have authority over the people at the same time
People have to obey both federal and state laws In order to make this work, the Constitution
divided power of the government into 3 types Enumerated/Expressed Powers Reserved Powers Concurrent Powers
Types of Powers Enumerated or Expressed Powers
Definition: the powers specifically granted to the national government (Congress)
Reserved Powers Definition: powers that are not given to the
national government are by the states Concurrent Powers
Definition: powers shared by the national and state government
Examples of Federal and State Powers
Enumerated Concurrent Reserved
The Supremacy Clause What happens if national and state
laws contradict each other or conflict? Article VI:
Constitution and laws/treaties made by the Nat'l gov’t “shall be the supreme Law of the Land
Means national government cannot violate Constitution and state government cannot violate Constitution OR federal law
The Elastic Clause Implied Powers
Definition: powers held by the national government (Congress) that are not stated explicitly in the Constitution
Article I: Congress has the power to do whatever is
“necessary and proper” in order to carry out the expressed powers
Means Congress can stretch its powers to meet new needs (which is why it is called the elastic clause)
Limitations on Power Checks & Balances
Prevents any one branch of government from becoming too powerful
Supreme Court (Judicial Branch) can declare laws passed by Congress (Legislative Branch) unconstitutionalPresident (Executive Branch) can veto bills passed by Congress (Legislative Branch)Congress (Legislative Branch) can override a veto if 2/3 of Senate and H.O.R. vote to do so
Powers Denied Article I
Cannot interfere with slave trade prior to 1808 (this was a compromise at the Constitutional Convention). Cannot favor one state over another
Cannot interfere with legal rights of individuals Cannot suspend writ of habeas corpus
Requires that police bring people to court to explain why they are being held
Cannot pass bills of attainder A type of law that punishes a person without a trial
Cannot pass ex post facto laws A type of law that makes an act a crime after the fact
Powers Denied, cont. Cannot tax exports (this was a compromise at
the Constitutional Convention) Cannot tax interstate commerce or show
favoritism to any state (this was a problem under the Articles of Confederation)
Cannot withdraw money from the Treasury except for appropriations
Cannot give any titles of nobility
Key Topic
So What? (What’s important to understand about this?)
Essential details Essential details Essential details Essential details
Main Idea Main Idea Main Idea Main Idea
State GovernmentThe 10th amendment to the U.S. Constitution states that powers not
given to the Federal government are reserved for the states
Main responsibility
Public health
Public safety
Public welfare
Public Education
Elementary schools
Secondary schools
State colleges
Conduct elections
Local
State
National
Transportation
Build roads
Maintain roads Public
transportation
Under the federal system of government the national government and state governments have some separate
and some shared powers.
Key Topic
Main idea
So What? (What’s important to understand about this?)
Main idea Main idea
FederalismThe Constitution establishes a division of power between the national and state
governmentsNat’l gov’t powers
Enumerated Powers
Powers expressed or implied
Foreign policy- wars, treaties
Regulate Commerce-trade
Regulate currency- money
State gov’t powers
Reserved powers
Powers not given to the Nat'l gov’t are reserved for state governments
Public health
Public safety- police
Public welfare- education, elections
Shared powers
Concurrent powers
Powers shared by Nat'l gov’t and state gov't
Enforce laws
Establish courts
Collect taxes
The Constitution denies or limits powers to both the national government and the state governments.