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.