- Slides: 13
Warm-up: Written Assignment (Define & Explain) p Define the principle of “federalism” and explain what it means in your own words. p List the types of powers of our gov’t.
Power and the Constitution p SSCG 5: Explain how the United States Constitution grants and limits the authority of public officials and government agencies. ESSENTIAL QUESTIONS: p What powers were given to the federal and state governments in the Constitution? What powers were denied p How is the power of the government limited by the Constitution? p What are examples of the expressed/enumerated, implied, reserved, and concurrent powers?
The Federal System p Federalism n n 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 p n 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 p Reserved Powers p Concurrent Powers p
Types of Powers p Enumerated n Definition: the powers specifically granted to the national government (Congress) p Reserved n Powers Definition: powers that are not given to the national government are by the states p Concurrent n or Expressed Powers Definition: powers shared by the national and state government
Examples of Federal and State Powers Enumerated Concurrent Reserved
The Supremacy Clause p What happens if national and state laws contradict each other or conflict? n Article VI: p Constitution and laws/treaties made by the Nat'l gov’t “shall be the supreme Law of the Land p Means national government cannot violate Constitution and state government cannot violate Constitution OR federal law
The Elastic Clause p Implied Powers Definition: powers held by the national government (Congress) that are not stated explicitly in the Constitution n Article I: n p Congress has the power to do whatever is “necessary and proper” in order to carry out the expressed powers p Means Congress can stretch its powers to meet new needs (which is why it is called the elastic clause)
Limitations on Power p Checks & Balances n Prevents any one branch of government from becoming too powerful Supreme Court (Judicial Branch) can declare laws passed by Congress (Legislative Branch) unconstitutional President (Executive Branch) can veto bills passed by Congress (Legislative Branch) can override a veto if 2/3 of Senate and H. O. R. vote to do so
Powers Denied p Article I n n 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 p Cannot suspend writ of habeas corpus § Requires that police bring people to court to explain why they are being held p Cannot pass bills of attainder § A type of law that punishes a person without a trial p Cannot pass ex post facto laws § A type of law that makes an act a crime after the fact
Powers Denied, cont. n n 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 State Government The 10 th amendment to the U. S. Constitution states that powers not given to the Federal government are reserved for the states Main Idea Main responsibility Essential details Main Idea Public Education Essential details Public safety Elementary schools Secondary schools Public welfare State colleges Public health Main Idea Conduct elections Transportation Essential details Local Build roads State Maintain roads Public transportation National So What? (What’s important to understand about this? ) Under the federal system of government the national government and state governments have some separate and some shared powers.
Key Topic The Constitution Federalism establishes a division of power between the national and state governments Main idea Nat’l gov’t powers State gov’t powers Shared powers Enumerated Powers Reserved powers Concurrent powers Powers expressed or Powers not given to the Powers shared by Nat'l gov’t are reserved gov’t and state gov't implied Foreign policywars, treaties Regulate Commerce -trade Regulate currencymoney for state governments Public health Enforce laws Public safety- police Establish courts Public welfareeducation, elections Collect taxes So What? (What’s important to understand about this? ) The Constitution denies or limits powers to both the national government and the state governments.