The US Constitution PowerPoint
Transcript of The US Constitution PowerPoint
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The Articles of Confederation
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The First State Constitutions
In January 1776,New Hampshire
became the 1st
colony to organizeas a state andcraft a detailed,
written plan forgovernment orconstitution
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From Colonies to States
The states set upsimilar systems ofgovernment
Each state had alegislature to createlaws
Most of theselegislatures were
bicameral, like theEnglish Parliament;that is, they weredivided into 2 parts, orhouses
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The Articles of Confederation
The Articles set up a one-houselegislature in which each state hadone vote
Congress had NO power to enforce itlaws or the power to tax The Articles allowed Congress to ask the
states for money, but could not demandit
By 1781, all 13 states had ratified(approved) the Articles of
Confederation
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Accomplishments
Ordinance of 1785 When the American Revolution began, only a few
thousand white settlers lived west of the
Appalachian Mountains Through the ordinance of 1785, Congress created a
system for surveyingtaking a detailedmeasurement of an area of landand selling thewestern lands
It arranged the land into townships 6 miles square.Each township was divided into 36 sections of eachone square mile
The Ordinance established a system of land
surveying and settlement that we still use today
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Accomplishments
Northwest Ordinance
In 1787, the Northwest Ordinance waspassed
It laid the basis for the organization ofnew territorial governments and set aprecedent for the method of admittingnew states to the Union
The Northwest Ordinance also included aspecific provision outlawing slavery
There shall be neither slavery nor
involuntary servitude in said territory.
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A Shaky National Government
Because of the Revolutionary War, Americahad large war debts
Congress could not collect taxes to pay back debts State govts had large war debts as well
Taxed citizens heavily and drove many farmers outof business and sparked widespread resentment
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Citizens Response
Citizens became very insecure and feared thatthe govt could not protect their safety or their
property During 1786 and 1787, riots broke out in
several states
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Shays Rebellion
Daniel Shays, aMassachusetts farmer,
led an armed uprising
of about 1200
Massachusetts farmers
on a federal arsenal.
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Result of Shays Rebellion
After Shays Rebellion, many politicalleaders, merchants and others were already
arguing for a stronger national government In 1787, 12 of the states sent delegates to a
meeting in Philadelphia to revise the Articles
of Confederation
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The U.S. Constitution
http://www.glencoe.com/video_library/index_with_mods.php?PROGRAM=9780078792441&VIDEO=4782&CHAPTER=3http://www.glencoe.com/video_library/index_with_mods.php?PROGRAM=9780078792441&VIDEO=4782&CHAPTER=3http://www.glencoe.com/video_library/index_with_mods.php?PROGRAM=9780078792441&VIDEO=4782&CHAPTER=3 -
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Road to the Constitution
The Articles of Confederation werean ABSOLUTE failure!
In 1787, each state was asked tosend delegates to PhiladelphiasIndependence Hall for a convention
to fix the problems with the A.O.C.-this meeting was known as theConstitutional Convention
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Early Decisions
The delegates agreedunanimously thatGeorge Washingtonshould preside over
the convention Widely respected for
his leadership duringthe AmericanRevolution, Washing
would now call onspeakers and makesure that the meetingsran in an orderly,efficient manner
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Early Decisions: OperatingProcedures Washington appointed a committee to set
rules for conducting the convention
Rules of the Constitutional Convention
At least 7 out of the 13 states had to bepresent
Decisions were to be made by a majorityof the vote, with each state having onlyone vote
Participants had to keep all discussionssecret
Because of the secrecy, we have virtually nowritten records of the convention
The only details we have came from anotebook kept by James Madison
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Early Decisions: The Need for aNew Constitution
Delegates were supposed to change theArticles of Confederation, but agreed thatchanging the Articles was simply not
enough They decided instead to discard the
Articles of the Confederation and write anew constitution
All delegates set out to strengthen thenational government by creating a newplan of government, thus this meetingbecame known as the Constitutional
Convention
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Constitutional Convention
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The Virginia Plan
On May 29, 1787,the Virginiadelegates proposed
a plan forgovernment.
James Madison haddesigned what
came to be knownas the VirginiaPlan
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The Virginia Plan
The Virginia Plan called for agovernment with 3 branches,
In addition to the already establishedLegislative Branch (make the laws),
there would also be an ExecutiveBranch (carries out the laws),
and a Judicial Branch (to interpretand apply the laws)
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The Virginia Plan
The Legislative Branch would be dividedinto two smaller houses, each state wouldbe represented based on their population
Large states would have more votes thansmaller states
The Virginia Plan appealed to delegates from themore heavily populated states
The small states feared that a governmentdominated by the large states would ignore theirinterests
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The New Jersey Plan
The New Jersey Planalso called for threebranches ofgovernment
However, theLegislative Branchwould have only onehouse and each statewould get one vote
This made the smaller
states equal in powerto the big states
Under this plan,Congress could settaxes and regulatetrade
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The Great Compromise
A committee headed by RogerSherman of Connecticut came up withan answer
The committee proposed thatCongress (Legislative Branch) havetwo houses: A Senate (every state
gets 1 vote) and a House ofRepresentatives(based onpopulation)
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Great Compromise
Historians callRoger Shermansplan theConnecticut Planor the GreatCompromise
In order to pass alaw, both housesmust approve
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Three-Fifths Compromise
At the time of theConstitutional Convention,more than 550,000 AfricanAmericans, mostly in the
South, were enslaved The Southern states wanted
to count these people as partof their population
The Northern states, who hadfew slaves, opposed this idea
Argued that slaves couldntvote so they shouldnt beused to give the South abigger voice in government
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Three-Fifths Compromise
In the Three-Fifths Compromise,delegates agreed that every five
enslaved persons would count asthree free persons
Thus three-fifths of the slavepopulation in each state would beused in determining representationin Congress
That number also used in figuring
taxes
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Other Compromises
Trade Compromise:
Who will regulate foreign and interstate trade?
Southern states feared Congress would taxexports
Southern economy depends on exports oftobacco, rice, cotton, etc.
Also feared that Congress might stop slavetraders from bringing enslaved people into the
U.S. RESOLUTION: Southern states agreed that
Congress could regulate both foreign andinterstate trade and the North agreed thatCongress could not tax exports, nor could ininterfere with the slave trade before 1808
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Other Compromises
Executive Branch Compromise: Who should elect the President and
Vice President? Congress
People
RESOLUTION: Electoral College, agroup of people who would be namedby each state legislature to select the
President and Vice President Note: Today, the Electoral College is
still in place but the voters in eachstate, not the legislators, now choose
the electors
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Approving the Constitution
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Approving the Constitution
By September 17, 1787, acommittee (42 of the 55 delegateswere present) headed by Governor
Morris, had put their ideas inwriting, and the Constitution wasready to be signed
All but 3 delegates signed the
Constitution
The Constitution still had to beratified, or approved
Needed 9 out of the 13 states to ratify
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Federalists
Federalists weresupporters of theConstitution
The name Federalistsemphasized a newsystem of
federalism=govtpower dividedbetween FEDERAL(National) and theState govts
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Federalists
Leaders of the Federalists included:Alexander Hamilton, James Madison,
and John Jay Federalists goals included a STRONG
central government and WEAKENEDstate powers
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Federalists To win support, the
Federalists remindedAmericans of the flaws in theArticles of Confederation
In a series of essays knownas The Federalists Papers,Alexander Hamilton, JamesMadison and John Jay
defended the Constitutionand tried to gain support forthe newly proposed plan forgovt
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Anti-Federalists
Anti-Federalistsopposed the USConstitution
Had 2 main concerns:
Gave too much power to theNational govt, weakened state govt
Absence of Bill of Rights
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Anti-Federalists
The leaders of theAnti-Federalistswere Thomas
Jefferson andPatrick Henry
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Resolution Agreement
The Federalists eventually agreed with theAnti-Federalists that a bill of rights was agood idea
June 21, 1788: New Hampshirebecomesthe 9thstate; therefore, the US Constitutionofficially ratified!!!
1790: Rhode Island was the last state toratify the Constitution
The 13 independent states now becomeunified as the United States of America
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Structure of the Constitution
A. Constitution: 3 Major Parts
B. Amending: Process of Change
C. Interpreting the Constitution?
http://www.glencoe.com/video_library/index_with_mods.php?PROGRAM=9780078792441&VIDEO=4783&CHAPTER=3http://www.glencoe.com/video_library/index_with_mods.php?PROGRAM=9780078792441&VIDEO=4783&CHAPTER=3http://www.glencoe.com/video_library/index_with_mods.php?PROGRAM=9780078792441&VIDEO=4783&CHAPTER=3 -
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Constitution: 3 Major Parts
The Constitution is:
Our framework for government
Supreme law of the land Basic law of the U.S.
Empowers the 3 major branches of thegovernment
Divided into 3 Sections: Preamble,Articles, and Amendments
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The Articles
The 7 articles that follow the Preambleexplain how our government should work
I. Legislative Branch
II. Executive Branch
III. Judicial Branch
IV. States Rights and Responsibilities
V. Amendment Process
VI. US Constitution is the Supreme Law of theLand
VII. Ratification of the Constitution-Need 9 outof 13 states to approve
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The PreambleYouTube Video
The Preamble isthe introduction tothe Constitution
States the goalsand purposes ofthe government
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The Preamble
There are 6 goals listed in the Preamble:
Form a more Perfect Union
To establish Justice
To insure domestic Tranquility(maintainpeace/order)
Provide for a common defense (protect thenation with force)
Promote the general welfare (help people)
Secure the Blessing of Liberty to ourselves andour Posterity (guarantee freedom and therights of our children)
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Article I: Legislative Branch
Primary function isto make laws
Bicameral: theSenate and theHouse ofRepresentatives
Has 7 specificpowers
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Article I: Legislative Branch
If a representativedies, retires or isimpeached,
another election isheld and thewinner of thatelection takes
office The Vice President
serves as Presidentof the Senate
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Article I: The LegislativeBranch
The Congress is to meet on the 1stMonday in December. (They mustPASS a law in order to change this)
The LAW sets the Congressionalsalaries, and the Treasury of theUnited States pays them
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Article I: The LegislativeBranch
Any memberelected to theSenate shall be
called SenatorDeaton (substitutetheir last name)
In the U.S., we do
not haveprinces/princessesso no matter howmuch $$$ yougive, NO ONE can
become royalty
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Article I: Legislative Branch
House ofRep.
Senate President
AgeRequirement
25 30 35
# years as
a citizen
7 9 Natural borncitizen/14 years
residency
Electedhow often
2 6 4
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Article I: The LegislativeBranch
The necessary and proper clause,Implied powers clause, or elasticclause means that Congress has the
power to stretch its powers to meetsituations that may arise
A i l I L i l i B h
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Article I: Legislative Branch
4 Powers Deniedto the States: Make treaties
Coin $$$
Cannot tax importsor exports
Keep troops orbattleships in timeof war or in time of
peace Wage war
against anotherstate or thecountry
4 Powers Denied to the NationalGovt:
Cannot restrict migrationbetween states
Cannot ignore the Writ ofHabeus Corpus (reasonabledoubt)
Cannot punish a person withouta trial (bill of attainder)
Cannot tax exports from thestates
Cannot limit travel betweenstates
Cannot take money out of theNational Treasure withoutpermission
Cannot make a noble class
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A ti l II Th L i l ti
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Article II: The LegislativeBranch
The main duty ofthe President is tobe the Commander
in Chief (Head ofthe US army)
A ti l II Th L i l ti
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Article II: The LegislativeBranch
If the President is found dead, theVice President takes office
The President swears to faithfullyexecute the Office of President of theUnited States, and will to the best ofmy ability, preserve, protect and
defend the Constitution of the UnitedStates
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Article III: The Judicial Branch
The courts are a part of the JudicialBranch
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Article III: The Judicial Branch
A federal judge shall hold office forlife
The 2 instances where the SupremeCourt has original jurisdiction:
When Ambassadors, other publicMinisters and Consuls are involved
When states are involved
Original jurisdiction means that theSupreme Court has the authority to
be the 1stto hear a case
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Article III: The Judicial Branch
Congress cannot, for any reason,abolish the Supreme Court
Yes, the Supreme Court can declareany law unconstitutional
There are 12 Supreme Court justices
A ti l IV R l ti A th
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Article IV: Relations Among theStates Each state must
give citizens inother states thesame rights and
privileges as theirown citizens
If someonecommits a crime
in one state aflees to another,the governor canorder the return of
that person
Bev Purdue-N.C.
Governor
A ticle IV Relations Among the
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Article IV: Relations Among theStates
New states may be admitted by theCongress, but no state may beformed within another state; and 2
states cannot be combined to make 1larger state with the the consent ofthe Legislature
The United States shall guarantee toevery state in this Union (country) aRepublican form of government
Article V: The Amendment
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Article V: The AmendmentProcess
The Legislative Branch decides whichmethod to use when ratifying anamendment
3/4ths of states must approve aproposed amendment now for it topass
It can add laws to the Constitution, orchange laws already in theConstitution
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Article VI: National Supremacy
All debts Congress has are to be paid bythe national government (money gotten bycollection of taxes)
The Federal law (national law) is thesupreme (highest) law
All Senators and Representatives must
swear to uphold the Constitution There will be no religious test required for
Senators and Representatives elected
Article VII: Ratification of the
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Article VII: Ratification of theConstitution
9 out of 13 states were required tosign the Constitution before it wasestablished
George Washington was the firstperson to sign the Constitutionbecause he was the leader of the
Constitutional Convention 3 delegates did not sign th
Constitution because it lacked a bill of
rights
VII: Ratification of the
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VII: Ratification of theConstitutionNorth Carolina Signers:
William Blount
Richard DobbsSpaight
Hugh Williamson
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Amending the Constitution
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Key Terms
Amendment
Bill of Rights
Elastic Clause (Necessary and Proper
Clause) Implied powers
Strict interpretation
Loose interpretation Expressed powers
Enumerated powers
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The Amendment Process
The process for amending theConstitution is found in Article V (5)
of the Constitution Steps to Amending the Constitution
Proposal (Proposals can be made in 2ways):
Congressional action-2/3rds of theCongress must vote in favor of theamendment
National convention-must be requested by
2/3rds of the state legislatures
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Interpreting the Constitution
Interpreting-trying to figure out whatthe Constitution really means
Four Methods of Interpretation:
Necessary and Proper Clause
Court Decisions
Congressional/Presidential Actions
Customs
Methods of Interpreting the
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Methods of Interpreting theConstitution
Necessary and Proper Clause Found in Article I (1)
Allows Congress to exercise power not
specifically listed in the Constitution-these powers are known as impliedpowers
Should Congress be allowed to make
laws that the Constitution does notspecifically forbid? Example: Embryonic Stem Cell Research
(cloning animals and people)
Methods of Interpreting the
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Methods of Interpreting theConstitution
Court Interpretations
The Supreme Court hasthe final authority on
interpreting theConstitution
Supreme Court justicesdetermine if a law is inaccordance (agreeswith) what theConstitution says
Judges can interpretthe Constitution strictly
or loosely
Methods of Interpreting the
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Methods of Interpreting theConstitution
loose interpretation-gives theConstitution flexibility, allows theLegislative and Judicial branches to
adjust the meaning of theConstitution to fit different situations
strict interpretation-literal
interpretation of the Constitution;Legislative and Judicial branches haveonly the powers listed in theConstitution
Methods of Interpreting the
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Methods of Interpreting theConstitution
Congressional Action:
The Constitution allowsthe House ofRepresentatives to
bring charges against(accuse) federalofficials of inappropriateacts
Senate: Senatorsdetermine a personsguilt or innocence
Congress hasinvestigated more than
60 impeachment cases
Executive (Presidential)Action:
Presidential succession(whos next in line)
1841: Pres. William
Henry Harrison dies inofficeVice PresidentJohn Tyler becamePresident
Constitution is unclearon this process (change
of power) 1967: 25th
AmendmentPresidential successionestablished
Methods of Interpreting the
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Methods of Interpreting theConstitution
Enumerated powers-powersdirectly stated in the Constitution;also known as expressed powers
Expressed powers-powers directlystated in the Constitution; also knownas enumerated powers
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Methods of Interpretation
Interpretation Through Custom
The interpretation of the Constitution hasalso changed through customs that have
developed. Example: Although the Constitution does
not mention political parties, they are avery important part of todays political
system
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Five (5) Principles Underlying
the ConstitutionA. Popular Sovereignty
B. Rule of Law
C. Separation of PowersD. Checks and Balances
E. Federalism
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Popular Sovereignty Popular
Sovereignty-rule byconsent of thegoverned
Article IV of the
Constitutionguarantees the peoplea Republican form ofgovernment
We ELECT those whogovern us
Majority rule(morethan 50% of the vote)determines whore resents us
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Rule of Law
Constitution set limits on the powersof the government
Rule of law-the law applies to
everyone, including those who govern
No one may break the law or escapeits reach
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Ch k d B l
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Checks and Balances
Checks and balances-a system inwhich each branch of the governmentis able to check, or restrain, the
power of the others
Ch k d B l
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Checks and Balances
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Ch k d B l
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Checks and Balances
Executive Branch-carry outthe laws/Executive Ordersand Actions/Veto
Checks:
Legislative Branch(Congress)-impeach officials;reject judicial appointments;congressional override (2/3
vote of Congress)ofPresidential veto
Judicial Branch (SupremeCourt)-declare actunconstitutional
Ch k d B l
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Checks and Balances
Judicial Branch-Interpret the laws
Checks:
Legislative Branch(Congress)-impeach
judges; reject judicialappointments
Executive Branch(President)-appointmore judges
F d li
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Federalism
Federalism-powers divided betweennational and state governments
State laws must be in agreement withFederal laws and the US Constitution
F d li
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Federalism
Power is divided three ways: Expressed powers-powers given
specifically to the national government by
the Constitution, also known as enumeratedpowers
Reserved powers-powers that theConstitution does not give to the national
government that are kept by the states Concurrent powers-powers shared by
both the national and state governments
E d P
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Expressed Powers
Laws specifically given to the nationalgovernment: Pass laws
Regulate trade (foreign and interstate)
Conduct foreign affairs (make treaties) Raise/support an army (military defense)
Coin and print money (establish amonetary system)
Establish a postal service Govern US territories (such as Guam),
admit new states, regulate immigration(population control)
R d P
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Reserved Powers
State governments reserve the powerto:
Provide for the public safety and health
within the state Regulate trade with the state
Establish local governments (town, city,counties)
Conduct elections
Establish public school system
Conc ent Po e s
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Concurrent Powers
Powers that both national and stategovernments have:
collect taxes borrow money
set up courts and prisons
provide for the general welfare (well-
being) of the people
Supremacy of the Constitution
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Supremacy of the Constitution
In a federal system, the laws of a stateand the laws of a nation may conflict
Article VI (6) of the Constitution declaresthat the Constitution and other laws and
treaties made by the Constitution are thesupreme law of the land
Because the Constitution is the highestlaw, the national and state governmentscan not do anything that goes against itand state governments may not goagainst federal law