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

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

or Expressed Powers
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) unconstitutional
President (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
State Government
The 10th amendment to the U.S. Constitution states that powers not
given to the Federal government are reserved for the states
Main
responsibility
Essential details
Public
Education
Conduct
elections
Transportation
Essential details
Essential details
Essential details
Local
Build roads
State
Maintain
roads
Public
transportation
Public safety
Elementary
schools
Secondary
schools
Public welfare
State
colleges
Public health
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.
The Constitution Federalism establishes a division
of power between the national and state governments
Nat’l gov’t powers
Enumerated Powers
Powers expressed or
implied
State gov’t powers
Shared powers
Reserved powers
Concurrent powers
Powers not given to the Nat'l Powers shared by Nat'l
gov’t are reserved for state
gov’t and state gov't
governments
Foreign policy- wars,
treaties
Public health
Enforce laws
Regulate
Commerce-trade
Public safety- police
Establish courts
Regulate currencymoney
Public welfare- education,
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.