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Federalism and Types of Power

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Presentation on theme: "Federalism and Types of Power"— Presentation transcript:

1 Federalism and Types of Power
Important Clauses of Constitution

2 See Constitution in textbook
Discuss 1. preamble 2. articles 3. clauses 4. amendments

3 2 Examples of Separation of Powers
1. Three branches of government – executive, legislative, and judicial 2. Federal system of government – divide power between federal (national) govt and state govt

4

5 Reminder --- teach my awesome students the “federalism hand signal”

6 Enumerated powers means powers of fed govt specifically listed in constitution
All powers NOT listed in constitution are reserved powers for the states. Implied powers of federal govt means powers not listed in constitution. Implied powers are found in the “elastic clause” (Article 1 of const.). Implied powers strengthens power of fed govt.

7 Elastic Clause Clause – sentence in constitution.
Elastic clause - “Congress shall have the power to make all laws which are necessary and proper to execute one of the 17 enumerated powers.” Created “implied powers” of federal govt Ex – fed govt can maintain an army (enumerated power), so it is “implied” that the fed govt can create an air force.

8 Supremacy Clause Specifically - Constitution is supreme law of the land. In general, const and fed laws and treaties are supreme law of the land Supreme law of land means = final authority or highest law of the land

9 Equal Protection Clause
Found in 14th amendment of constitution Used to decide Plessy v. Ferguson and Brown v. Board of Education Protects minority groups form unfair treatment by govt

10 Due Process Clause Found in 5th and 14th amendments of constitution
Means govt must follow procedures Example- when arrested police must follow procedures (or due process rights) and read miranda rights

11 Based on the information in the graphic organizer, a constitutional amendment is ratified by
A constitutional convention called by Congress Three-fourths of the 50 state legislatures A two-thirds vote of both house of Congress All of the above

12 Marbury v. Madison Supreme Court decision – established “Judicial Review” Judicial Review means that the Supreme Court can “check” the other 2 branches to determine if actions/laws are constitutional Judicial Review is an example of checks and balances

13 John Marshall Chief Justice of the Supreme Court from 1801 - 1835
John Marshall court decided Marbury v. Madison (1803) and established Judicial Review Also decided McCulloch v. Maryland (1819) states could not tax federal institutions.

14 Majority Rule with Minority Rights
Yes – majority vote wins But majority must always respect rights of the minority. Minority rights protected by constitution Ex. Due process of law – govt can not take away man’s life,liberty, or property without due process of law Ex. “Equal protection clause” – minorities have the right to be treated “equally”. Men (majority) and women (minority) must be paid the same for the same work. Blacks (minority) have same right to go to same public schools as whites (majority).


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