Federalism and Constitution Vocab

Powers the Constitution grants or delegates to the national government.

Delegated Powers

Are those powers directly expressed or stated in the Constitution by the Founders.◦ Most of these are found in the first three articles.

Make war Collect taxes Raise an Army and Navy

Expressed Powers

Another term for expressed powers

Enumerated Powers

Those powers that the national government requires to carry out the powers that are expressly defined in the Constitution.◦ The power to draft those into the armed forces

Implied Powers

Those powers that the national government may exercise simply because it is a government.◦ The control of immigration◦ Establish diplomatic relations with other countries

Inherent Powers

Federalist Number 45:◦ James Madison’s argument for limited powers to

the national government.

State Power

The powers reserved strictly for the states. ◦ Grants to the states those powers “not delegated

to the United States by the Constitution, nor prohibited by it to the states.” Regulation of public school systems

Reserved Powers

Also known as the necessary and proper clause. ◦ Correlates to implied powers as it allows congress

to stretch its authority. “Congress shall have power…to make all Laws which

shall be necessary and proper for carrying into Execution the Foregoing powers, and all other powers vested…in the Government of the United States…”

Elastic Clause

Powers that both national government and states have.

Concurrent Powers

Standard Number: 1.0 Culture Standard: Culture encompasses similarities and

differences among people, including their beliefs, knowledge, changes, values, and tradition. Students will explore these elements of society to develop an appreciation of and respect for the variety of human cultures. 

Standard Number: 4.0 Governance and Civics Standard: Governance establishes structures of power

and authority in order to provide order and stability. Civic efficacy requires understanding rights and responsibilities, ethical behavior, and the role of citizens within their community, nation, and world.

Standards and Objectives

4.6 Understand the concept of federalism. Students will understand why the concept of

federalism is necessary to protect natural rights and prevent abuses of government power.

Students will understand how the concepts of federalism have been applied to society during their own lives.

Objectives

Opening Objective Visual Vocabulary Prezi Presentation

◦ Elastic Clause Federal and State Powers Handout PowerPoint on Types of Federalism

◦ Taste the Difference Present Day Scenarios

Outline

Those things the national government and states cannot do.◦ Tax exports◦ No state can make treaties or alliances with

foreign governments.

Denied Powers

VS

What happens when states exceed their reserved powers and pass laws that conflict with national laws? Which law is supreme?◦ This Constitution, and the Laws of the United

States which shall be made in Pursuance thereof, and all treaties made…under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby.” No state law or constitution may conflict with any

form of national law

Supremacy Clause

Republican Form of Government◦ (Allowing senators and representatives to have a

seat in Washington)◦ Protection◦ Territorial Integrity

Guarantees to the States

a. Categorical Grant: A grant for a specific project which must be approved and reviewed by the federal government.

b. Block Grant: A grant for a general function (health, law enforcement, etc.) These grants have some conditions and reporting requirements. They are distributed on a formula basis.

Grants

The type of amendments that make actual change to the U.S. Constitution

Needs two-thirds vote by congress Needs three-fourths vote by States

Formal Amendments

Unwritten changes to the Constitution through basic legislation and executive action.◦ “no third term”

Informal Amendments

Dual federalism, involves clearly enumerated powers between the national and state governments, and sovereignty in equal spheres. This relationship predominated from the 1790s to 1930.

Dual Federalism

Cooperative federalism, involved the national and state governments sharing functions and collaborating on major national priorities. This relationship predominated between 1930 and 1960.

Cooperative Federalism

Dual federalism, also known as "layer cake federalism" involves clearly enumerated powers between the national and state governments, and sovereignty in equal spheres. This relationship predominated from the 1790s to 1930.

Dual Federalism

Cooperative federalism, also known as "marble cake federalism," involved the national and state governments sharing functions and collaborating on major national priorities. This relationship predominated between 1930 and 1960.

Cooperative Federalism

Creative (Centralized) Federalism: National government becomes the most powerful actor in these formerly shared functions, and uses its power even when states are opposed (i.e.--Civil Rights).

Creative Federalism

New Federalism: An attempt to end federal interference in state affairs. More reliance on block grants, end of revenue sharing. States not enthusiastic because end-result was often increased responsibility (and expectations) of the local government while there was a reduction in funding to local governments.

New Federalism

If a criminal flees to another state after committing a crime in a different state, they may be transferred back to where the original crime was committed.

Extradition