federalism the us constitution was founded on 5 principles –what was the goal? to make a country...

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Federalism The US Constitution was founded on 5 principles What was the goal? • To make a country that would exist forever!

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Page 1: Federalism The US Constitution was founded on 5 principles –What was the goal? To make a country that would exist forever!

Federalism

• The US Constitution was founded on 5 principles

– What was the goal?

• To make a country that would exist forever!

Page 2: Federalism The US Constitution was founded on 5 principles –What was the goal? To make a country that would exist forever!

5 Principles of Constitution

Limited Government

Separation of Powers

Checks and Balances

Federalism

Popular Sovereignty

Page 3: Federalism The US Constitution was founded on 5 principles –What was the goal? To make a country that would exist forever!

Let’s Focus on Federalism• The division of power between State and

National Governments– Best of both worlds…. Sort of.

– How does it work? • The National Government has the “supreme

power” over all of the states

• BUT, states have rights guaranteed to them as well.

Page 4: Federalism The US Constitution was founded on 5 principles –What was the goal? To make a country that would exist forever!

3 Types of Organization• Unitary System

– Federal government makes all decisions• Lower levels must do what they are told

• Confederal System– Federal government is very weak

• Usually only has 1 branch• State governments are powerful

– States only work together towards common goals

• Federal System– Federal Government shares powers with lower governments

Page 5: Federalism The US Constitution was founded on 5 principles –What was the goal? To make a country that would exist forever!

Powers of the federal government given by the Constitution

• 3 powers:

– Expressed powers• Powers written specifically in the Constitution

– Implied powers• Powers that are suggested in the Constitution by the expressed

powers

– Inherent• Powers that naturally belong to any government of a sovereign

nation.

Page 6: Federalism The US Constitution was founded on 5 principles –What was the goal? To make a country that would exist forever!

Expressed Powers• Powers that the Constitution specifically grants to

the federal government

• Examples:– Article I, Section 8

• Lists expressed powers of the legislative branch– Make laws– Regulate trade– Declare war, etc.

– Article II, Section 2• POTUS is the Commander in Chief

– Article III, Section 2• Supreme Court has final say on all cases concerning

Constitutional rights.

Page 7: Federalism The US Constitution was founded on 5 principles –What was the goal? To make a country that would exist forever!

Implied Powers• Powers suggested by the expressed powers

of the US Constitution

• Examples: – Article I, Section 8

• Gives Congress power “to make all laws which shall be necessary and proper”

– Necessary to ensure they can do their job.

• Sometimes called the elastic clause– Allows Congress to ‘stretch’ its authority in ways not

specifically granted or denied

Page 8: Federalism The US Constitution was founded on 5 principles –What was the goal? To make a country that would exist forever!

Inherent Powers• Powers that naturally belong to any

sovereign government

– Not mentioned directly in the Constitution

– Examples: • Right for our government to deal with other foreign

affairs– Such as United Nations, NATO, etc.

Page 9: Federalism The US Constitution was founded on 5 principles –What was the goal? To make a country that would exist forever!

Powers Given to State Governments by the US Constitution

• Reserved Powers– Powers given directly to

state governments• Examples:

– Regulate trade within a state

– Establish local governments

– Conduct local elections

– Establish public school systems

Page 10: Federalism The US Constitution was founded on 5 principles –What was the goal? To make a country that would exist forever!

Powers shared by federal and state governments

• Concurrent Powers

– Powers possessed by both federal and state governments.

– Examples:• Both federal and states can:

– Establish and enforce laws– Collect taxes– Borrow money

Page 11: Federalism The US Constitution was founded on 5 principles –What was the goal? To make a country that would exist forever!

State Obligations to One Another

• Article IV, Section 1 – Full Faith and Credit clause

• Requires that states normally honor the public acts and judicial decisions that take place in another state.

• Article IV, Section 2– Privileges and Immunities clause

• States cannot discriminate against someone from another state or gives its own residents special privileges

» Can we think of issues where this is not the case?

Page 12: Federalism The US Constitution was founded on 5 principles –What was the goal? To make a country that would exist forever!

What about local governments?• Local governments are not mentioned in

the U.S. Constitution– They are created by state governments

• Created to make states run more conveniently– Usually labeled by county or parish

» Some large cities are outlined

– Home rule• Some powers are delegated by the state to local

level governments to manage its own affairs– City laws– Public works– Basic public services

Page 13: Federalism The US Constitution was founded on 5 principles –What was the goal? To make a country that would exist forever!

As a review… • Powers within the

Constitution

– Expressed powers

– Implied powers

– Inherent powers

– Reserved powers

– Concurrent powers

– Defeat all Commies!!!