The U.S. Constitution Ideals of the Constitution: Federalism and the Division of Powers Ideals of the Constitution

The Pilgrims influenced the framers of the Constitution: November 21, 1620 — The Mayflower Compact written created new government of popular sovereignty for the colonists Popular Sovereignty = consent of the governed Ideals of the Constitution

Goals of the U.S. Constitution To form a more perfect union Establish justice Insure domestic tranquility Provide for the common defense Promote the general welfare Secure the blessings of liberty Ideals of the Constitution

Preamble - Goals of the Constitution To form a more perfect union Make a stronger union between states Establish Justice Insure domestic tranquility Preserve peace within the country Provide for the common defense Promote the general welfare Provide for the well-being of all the people Secure the blessings of liberty work to safeguard the freedom of the people Ideals of the Constitution

Consent of the Governed Government by popular sovereignty (consent of the governed) = central to American Ideals Appears in the opening sentence of the Constitution “We the People” Ideals of the Constitution

Defining the Government’s Power Limited Government A government with defined restrictions to its power The Bill of Rights is a good example Powers not belonging to the federal government are reserved for state governments or the people Ideals of the Constitution

Majority Rule - Minority Rights Majority rule - everyone accepts the decision of the majority Minority rights - rights of the minority protected in the Bill of Rights Ideals of the Constitution

The Constitutional Basis of Federalism The Division of Power Supremacy Clause The U.S. Constitution Laws of Congress Treaties State Constitutions State Laws

The Federal System: Three levels of government LevelLocationLeadership FEDERAL (national)Washington, D.C.President and Congress STATEState Capitals (Lincoln, NE, Jefferson City, MO) Governor and State Legislature LOCALCounty Seats, City Municipal Buildings Courthouses (City-County Building in Lincoln) Mayor and City Council or County Board (most often - sometimes called a City Manager)

Understanding Federalism

The Constitution establishes federal and state powers The federal government is “the supreme law of the land” that all states must defer to. Limited government checks the powers of the federal and state governments. The Bill of Rights protects the powers of the people. Ideals of the Constitution

The Constitution establishes federal and state powers. Delegated powers give the federal government strength to protect and serve the country. Reserved powers are kept for the states to manage their own affairs and to limit the power of the federal government. Concurrent powers are held by both state and federal governments. Ideals of the Constitution

Federal System Federal Government Powers Called delegated powers include coining money and regulate trade State Government Powers Called reserved powers include conducting elections, regulating trade within the state and establishing local governments Shared powers Called concurrent powers include taxing, establishing courts, and chartering banks Ideals of the Constitution

Federalism Ideals of the Constitution

Federalism Ideals of the Constitution

Delegated Powers for the FEDERAL (National) Government (also called Enumerated) Print and coin money Regulate (control) trade Establish US Post Office Military (defense) Declare War (Congress) Conduct Foreign Policy - (Diplomacy) Make treaties with other nations Immigration Laws Admit new states to the Union Ideals of the Constitution

Reserved Powers for the STATE governments Establish qualifications for voting (residency, fees, etc.) Conduct elections Regulate trade within state borders Create local governments Establish and maintain schools (Education) License and certify professional workers (Teachers, Dentists, Doctors, Lawyers, etc.) Many unspecified powers not specified in Constitution (10th Amendment) Ideals of the Constitution

Defining Federalism

Figure 3.2 Intergovernmental Relations Today Fiscal Federalism The pattern of spending, taxing, and providing grants in the federal system Cornerstone of the national government’s relations with state and local governments.

Federalism: State Education Spending on State Public Education

Understanding Federalism: Government spending and the GDP The Public Sector and the Federal System

Concurrent or SHARED powers between Federal and State Passing laws State laws are subject to (beneath) Federal laws Taxation (to raise money or revenue) Income tax Sales tax (usually state or local Property tax (usually state or local) Luxury taxes Many other types of taxes and fees Borrowing money Ideals of the Constitution

Concurrent or SHARED powers between Federal and State (cont’d) Establishing courts Federal Courts, state courts, local courts Create banks Federal reserve, state banks, local banks Enforce laws federal agents, state patrols, local police Provide for health and well-being of citizens (not necessarily insurance) Ideals of the Constitution

Question: Why did the Constitution establish separate powers for the state and federal governments? to keep each from getting too strong state government federal government Ideals of the Constitution