Review 1. Where is the Preamble found in the Constitution? A. The Very End B. Before the Bill of Rights C. The Very Beginning D. After Article 2. Which of the following is NOT an example of “providing for the general welfare”? a. Building schools b. The WIC program c. Taxing citizens d. Homeless shelters
A system of Government in which a constitution divides the powers of government between national and regional governments Federalism
Division of Powers Certain powers are assigned to the National Government and some to the states Dual system of government
National Government: Expressed powers These are powers that are spelled out expressly in the Constitution– also called the Enumerated powers Found in Article I, Section 8 of Constitution In 18 clauses- US Congress is given 27 powers Including- Tax Declare war Regulate Interstate (between states) and foreign trade Coin money Maintain an army
National Government: Implied Powers Not expressly stated in the Constitution but are suggested (implied) Necessary and Proper clause– Article I, Section 8, Clause 18 Also called the Elastic Clause– Why? Ex. Building interstate roadways, moving kidnapped people across state lines, eliminating racial discrimination, building electric power dams, etc.
National Government: Inherent Powers Powers that belong to the National Government simply because it is country These are powers that are historical powers. Power to regulate immigration, to deport aliens, to acquire territory, to protect the nation against invasion and rebellion
Powers DENIED to the National Government Does this in 3 ways 1. Expressly- Powers to levy duties on exports, prohibit freedom of religion, speech, press or assembly, conduct illegal searches 2. Silence- does not say anything 3. Because of the Federal system itself- no powers to tax the states
The States: Reserved Powers Reserved Powers- powers that the Constitution allows for the states State has power to do anything that: Is not given as a power to the National government AND Is not denied as a power to the States Only power expressly given to the states 21 st Amendment- alcohol
Exclusive and Concurrent Powers Exclusive Powers- powers that can be exercised by the National government ONLY Coin money Make treaties Tax imports Concurrent Powers- Powers that the National and State governments SHARE Levy and collect taxes Borrow money Establish courts Set punishments
Supremacy Clause The Constitution is the SUPREME LAW OF THE LAND In Constitution Article VI, Section 2 All other laws treaties, acts are BELOW the Constitution If a law conflicts with the Constitution, the LAW is declared unconstitutional
National Powers Exclusive State Powers Reserved Concurrent Powers Coin money Create schools Conduct courts Set punishments Levy and collect taxes Raise an army Create a post office Declare war Regulate alcohol Borrow money Make treaties with foreign nations Admit new states into nation Set crimes Conduct elections Regulate trade WITHIN a state