FOUNDATIONS OF GOVERNMENT Federalism

Review: Checks and Balances  Checks and balances help to make sure each branch of government does not have too much power.  Examples:  The President (executive branch) can veto a law passed by Congress (legislative branch)  The Supreme Court (judicial branch) can declare a law unconstitutional (legislative branch)

Review: Amendments  TWO ways an Amendment begins:  1: An amendment is proposed by CONGRESS with a 2/3 vote  2: An amendment is proposed at a NATIONAL CONVENTION requested by 2/3 of states  An Amendment is RATIFIED  By ¾ of state legislatures  By conventions in ¾ of states

Review: Amendments  Of the 27 Amendments to the Constitution, 26 of them were proposed by Congress and ratified by the State Legislatures

FEDERALISM  A system of government in which power is divided between a central (national) government and several regional (state) governments  Federalism allows for certain states to have their own laws, traditions and culture

DELEGATED POWERS  Government has only those powers that are delegated (granted) to them by the Constitution  There are 3 types of delegated powers: expressed, implied, inherent

EXPRESSED POWERS  Sometimes called ENUMERATED powers.  These are powers of the federal government that are specifically written in the Constitution. There are 27 expressed powers.  Most are found in Article 1 Section 8:  Collect taxes, coin money, declare war, regulate trade between states and between countries, etc.

IMPLIED POWERS  Not specifically written in the Constitution  Reasonably suggested (implied) by the expressed powers  NECESSARY AND PROPER CLAUSE:  Congress has the power to make laws which are necessary and proper for executing the expressed powers.  Sometimes called ELASTIC CLAUSE (stretch!)

INHERENT POWERS  Not expressly written in the Constitution, however, over time all national governments have come to possess these powers.  For example – if the federal government has the power to regulate immigration, it is inherent that they also have the power to deport those who have immigrated illegally.  These powers exist because the United States exists

POWERS DENIED  The national government is also denied some powers, especially ones that jeopardize the system of federalism.  For example: Congress cannot create laws that take away your freedoms guaranteed by the Bill of Rights

RESERVED POWERS  Those powers that are not granted to the Federal government are left for the States.  For example: States make their own laws about marriage, gambling, licensing doctors/teachers/hairdressers. States create their own schools and regulate their own services (electricity, oil, gas, telephones)

POWERS DENIED TO STATES  States cannot make any laws that allow them the powers of the federal governments.  For example: States can’t declare war, enter into treaties with other countries.

EX POST FACTO LAWS  Neither Congress nor the states can pass ex post facto laws (after the fact)  An ex post facto law (1) is a criminal law (2) applies to an act committed BEFORE the law passed (3) works to the disadvantage of the accused  For example: a law making it a crime to sell marijuana cannot be applied to a sale that happened before the law was passed.