UNIT 2 RE-TEACHING
FEDERALISM OPEN NOTES QUIZ RESULTS
1st Period
As – 1
Bs – 3
Cs – 6
Fs - 21
2nd Period
As – 2
Bs – 1
Cs – 12
Fs - 15
BASIC PRINCIPLES
 The principle of popular sovereignty asserts that the people are
the source of any and all government power, and government
can exist only with the consent of the governed.
 The principle of limited government states that government is
restricted in what it may do, and each individual has rights that
the government cannot take away.
 Separation of powers is the principle in which the executive,
legislative, and judicial branches of government are three
independent and coequal branches of government.
BASIC PRINCIPLES
 Checks and balances is the system that allows the legislative,
executive, and judicial branches to check, or restrain, the actions
of one another.
 The principle of judicial review consists of the power of a court
to determine the constitutionality of a governmental action.
 Federalism is a system of government in which the powers of
government are divided between a central government and
several local governments
AMENDING THE CONSTITUTION
INFORMAL AMENDMENT PROCESSES
 Informal amendment is the process by which over time many changes have
been made in the Constitution which have not involved any changes in its
written word.
 The informal amendment process can take place by:
 (1) the passage of basic legislation by Congress
 (2) actions taken by the President
 (3) key decisions of the Supreme Court
 (4) the activities of political parties
 (5) customs/traditions.
EXECUTIVE ACTION AND COURT
DECISIONS
 An executive agreement is a pact made by the President directly
with the head of a foreign state.
 Executive Action
 Presidential actions have produced a number of important informal
amendments, such as the use of the military under the power of
commander in chief.
 Court Decisions
 The nation’s courts, most importantly the United States Supreme Court,
interpret and apply the Constitution in many cases they hear.
FEDERALISM
 What is Federalism?
 One of the 6 basic principles of the Constitution
 Federalism - a system of government in which a written constitution
divides the powers of government between the federal and state
government
 Division of power – the Constitution assigns certain powers to the
National Government and certain powers to the States
 National Government
State Government
 Social Security card
 Passport
Birth Certificate
Driver’s License
Voter Registration Card
Library Card
DUAL SOVEREIGNTY
 2 basic levels operate over the same people of the same
territory at the same time
 Local action at local concerns
 National action on wider concerns
NATIONAL GOVERNMENT POWERS
 Delegated powers - National Government only has those
powers granted to it in the Constitution
 3 Types of Delegated Powers:
 Expressed Powers
 Implied Powers
 Inherent Powers
EXPRESSED POWERS
 Expressed Power - Delegated to the National Government in so
many words– spelled out, expressly (specifically), in the
Constitution.
 Most of the expressed powers are listed in the Constitution
under Article 1, Section 8:
 Gives Congress 27 powers
 Examples: Collect taxes, to coin money, to regulate foreign trade and
interstate commerce, to raise and maintain armed forces
EXPRESSED POWERS
 Specific powers are granted to the President under
Article II, Section 2
 Examples: the power to act as commander in chief of the
armed forces, to grant reprieves and pardons, to make
treaties, and to appoint major federal officials
IMPLIED POWERS
 Implied Powers – not directly stated in the Constitution, but
are reasonably suggested
 Found in Article I, Section 8, Clause 18
 Necessary and Proper Clause – Congress has the power to
make laws or to act where the Constitution does not give it the
explicit authority to act
 Examples: regulations for the building of hydroelectric dams, deem such
crimes as kidnapping as a federal crime, prohibit racial discrimination
INHERENT POWERS
 Inherent Powers – powers belonging to the National
Government because it is the government of a sovereign state
within the world community (exists because the United States
exists)
 Powers the National Government have historically held
 Examples: power to deport undocumented aliens, to acquire
territory, to protect the nation against rebellion
POWERS DENIED TO THE NATIONAL
GOVERNMENT
 Constitution specifically expresses denial of some powers
 Freedom of religion, speech, press, or assembly
 Powers denied by the silence of the Constitution
 National Government only has powers the Constitution gives it
 Some powers are denied by the federal system
 Constitution does not intend that the National Government threatens
the existence of our federal system
STATE POWERS
 Reserved Powers – powers the Constitution does not grant to
the National Government and does not deny to the states
 Examples: can forbid any persons under 18 from getting married without
parental consent, can require hairdressers to be licensed to practice,
establish public schools
 Expressed Power – Constitution grants the States the power to
regulate the manufacture, sale, and consumption of alcoholic
beverages (Section 2 of Amendment 21)
POWERS DENIED TO THE STATES
 Expressly denied – Constitution directly denies
 No state can enter into any treaty, alliance, or confederation
 Inherently denied – denied by the federal system
 No state can tax any of the agencies or function of the National
Government
MORE POWERS
 Exclusive Powers – powers delegated (given) only to the
National Government
 Concurrent Powers – powers delegated to the National
Government AND to the States
 Power to levy and collect taxes
THE SUPREME LAW OF THE LAND
 American federal system produces a dual system of government
with two basic levels of government operating over the same
territory
 This is bound to result in conflict – solved how?
 Supremacy Clause – Constitution and Federal Law must be
followed by the states
FULL FAITH AND CREDIT CLAUSE:
Full Faith and Credit Clause are discussed in Article IV, section 1. Under this
clause, every state must respect the validity of the states public acts and
judicial proceedings. Such as documents like birth certificates, marriage
licenses, deed to property, car registrations and other issues when a judge
makes a decision.
There are two exceptions to the Full Faith and Credit Clause:
1.) Only applies to civil matters
2.) Divorces in one states cannot be granted to another states’ residents
EXTRADITION:
Under the Constitution in Article IV, section 2, Clause 2, it talks about the
extradition. Extradition is the legal process in bring a criminal who has
crossed state lines to avoid being captured back to the state they fled
from.
This process is a very routine matter except when a governor contest the
extradition because he feels the charges are unfair or racial motivated.
In 1987, the Supreme Court gave the federal government the power to
order a governor to hand over a fugitive.
PRIVILEGES AND IMMUNITIES:
Under Article IV, Section 2, Clause 1 of the Constitution, the ideas of Privileges
and Immunities are discussed. It says that no states can draw unreasonable
distinctions between its own residents and those persons who happen to live in
other States. Each state must recognize the right of any American to travel
between states and the ability to move to another state.
However, a state can have requirements in order to be known as a citizen of the
state. For example, a person must live in a state for a certain length of time
before they can run for a public office of that state.
Or a state can require the people of the state to have a citizen license to hunt
which is cheaper than the non-residence license. Same thing as out of state
tuition for residence who do not live in the state.
UNIT 2 VOCABULARY
 elastic clause
 popular sovereignty
 inherent powers
 separation of powers
 reserved powers
 checks and balances
 concurrent powers
 veto
 revenue sharing
 judicial review
 grant-in-aid
 amendment
 categorical grant
 executive agreements
 block grant
 expressed powers
 federal mandate
 implied powers
 enabling act
 Elastic clause
 act of admission