The Constitution

Protecting Liberty: Limited Government  Grants & Denials of Power  Separation of Powers  Checks and Balances  The Bill of Rights  Judicial Review  Federalism

1)Grants and Denials of Power  Specific powers are granted to each branch of government  In theory, powers not granted are denied  The framers also specified powers that were denied to the government in general  The amendment process

2) Separation of Powers

3) Checks and Balances: No branch can act decisively without the support of another

How do term limits in the three separate branches demonstrate a separation of power and checks and balances?

4) The Bill of Rights  Limits government in favor of individual rights

5) Judicial Review  The power of the judiciary to decide whether a government official or institution has acted within the limits of the Constitution.  Marbury v. Madison

6) Federalism  Divided authority between state, local, and federal governments

Federalism: National Power 1) Enumerated Powers ○ “Supremacy Clause” (article VI) ○ “Commerce Clause” 2) Implied Powers “necessary and proper clause” (aka, elastic clause, article I) Gives congress the power to “make all laws which shall be necessary and proper for the carrying into execution the foregoing (enumerated) powers”

Federalism: State Power 3) Reserved Powers ○ 10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States.” 4) Full Faith and Credit Clause ○ States have to respect the "public acts, records, and judicial proceedings of every other state."

Federalism  How does Federalism impact your life?  How does Federalism impact your Moot Court topic?

Federalism and driving: speed limits, road construction and maintenance etc.

Abortion Laws – Roe v. Wade – should there be one standard for everyone?

Should states be able to establish their own drinking ages and restrictions?

Federalism and Education: Arguments for state or federal control?

Fiscal Federalism: Funding!  Grants-in-aid – funding for federal programs  Block grants – Republicans’ favor – blocks of $ - states’ discretion  Categorical grants – Democrats - $ specifically allocated  “unfunded mandate”  NCLB?

Modern Trend – 1980s to today – “Devolution” and increasing state power

Capital Punishment: One standard or state autonomy?

Should gun laws be nationally consistent? Possible political contradictions?