1. Federalism: The Division of Power

2. How did the US Constitution create a federal system of government?
The Constitution organized government in a new way.
It created a federal system of government.
The Constitution gives certain powers only to the national government
and certain powers only to the states.

3. Federal System
There are also certain powers that federal and state government share powers.
All other powers are kept by the people.

4. What is a federal system of government?
According to the natural rights philosophy, the people have a right to create a government.
Photo from iep.utm.edu
John Locke
What was the name of the philosopher whose natural rights philosophy influenced the Founding Fathers?

5. “We the People…” Life Liberty Property
The Constitution begins with the words “We the People”.
The people have created a government and have given it the authority to govern them.
In return, government is responsible for protecting the people’s rights to...
Life
Liberty
Property

6. It all starts with the people…
The Constitution creates limits and guidelines for the government in order to protect the people from an abuse of power.
Constitution
The constitution is a social contract between We the People and the government.
The Constitution protects the rights of the people from the government.
It all starts with the people…
The people must consent to give the power to make and enforce laws to the government.
This slide will look at CONSTITUTIONAL GOVERNMENTS
Distribute student handout “What is a Constitution?”
Students will complete their handout as the PowerPoint progresses. Remind students to check and see if they are on the correct section – Constitutional Government.
The first step in a “constitutional government” is the establishment of a social contract between the people and the government.
The result of that social contract is a constitution that will outline the limits and guidelines placed on government and the rights of the people to be protected from the government.
The government is structured to offer protection for the people through public safety measures and the justice system.
Government
The People
The People

7. What does sovereign mean?
The people remain sovereign at all times.
What does sovereign mean?
Sovereign means to have the highest rank of authority.
The people have ultimate authority to control government.
This is where the term “popular sovereignty” comes from.

8. So how is power divide between the federal and state governments?
There are different kinds of powers:
Expressed powers
Powers that are listed
Reserved powers
Powers specifically given to either the federal or state government
Concurrent powers
Powers shared by the federal and state governments
Powers denied
Ask students what they think each kind of power means prior to revealing the definition.

9. Powers of the Federal Government
Expressed Powers
Powers Granted
Expressed:
Spelled out in the Constitution
Article I, Section 8
18 clauses giving 27 powers
Tax
Coin money
Regulate trade
Declare war
Grant patents
Powers of the Federal Government
Article I, Section 8

10. What About Article I, Section 8, Clause 18?
This is what is known as the “elastic clause” or implied powers.
Implied:
Not written in Constitution, but reasonably suggested
Article I, Section 8, Clause 18
“necessary and proper”
The Elastic Clause
Build dams
Highways & roads
Determine crimes
Article I, Section 8, Clause 18
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Question for Discussion:
Why might some people have a problem with the “elastic clause”?

11. Powers of the State Governments
Reserved Powers
Reserved Powers:
10th Amendment
Not granted to Federal, but not denied to states.
Legal marriage age
Drinking age
Professional license
Confiscate property
The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.
Powers of the State Governments
Amendment X (10)

12. Powers of the Federal Government Powers of the State Governments
Concurrent Powers
Powers of the Federal Government
Article I, Section 8
Concurrent Powers
Collect taxes
Define crimes
Condemn or take private property for public use
Powers of the State Governments
Amendment X (10)
Concurrent:
The national and state governments share these powers
May be exercised separately and simultaneously
Collect taxes
Define crimes
Condemn or take private property for public use
Powers are expressly given to the federal government and reserved to the states.
Concurrent powers are where the national and state government meet in the middle and share power.

13. The Constitution! Powers Denied The United States Constitution and
State Constitutions
provide for the
protection of the rights of the people.
Denied State Governments:
Constitution denies certain powers to state, because they are NOT a federal government.
Make treaties
Print money
Deny rights to citizens
Denied Federal Government:
Expressly denied:
Infringe on rights (speech, press, etc.)
Silence in Constitution:
Only has delegated powers
Denied in Federal System:
Cannot tax states
Denied Both:
Both state governments and national government have been denied the power to violate rights of citizens
What protects the rights of the people from the government?

14. So What Does It All Look Like?
Powers of the Federal Government
Article I, Section 8
Concurrent Powers
Collect taxes
Define crimes
Condemn or take private property for public use
Powers of the State Governments
Amendment X (10)
Powers Denied to the Federal
Government
Powers Denied to the State
Governments

15. The Supremacy Clause (Article VI, Section 2)
United States Constitution
The U.S. Constitution is the “Supreme Law of the Land.”
If there is a conflict between a lower law and a higher one, the higher one “wins.”
Acts of Congress
State Constitutions
State Statues (laws)
City and County Laws