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

The U.S. Constitution

Ideals of the Constitution: Federalism and the Division of Powers

Ideals of the ConstitutionIdeals of the Constitution

The Pilgrims influenced the framers of the Constitution:

November 21, 1620 — The Mayflower Compact writtencreated new government of popular sovereignty for the colonistsPopular Sovereignty = consent of the governed


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


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


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”


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


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


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

Level Location Leadership

FEDERAL (national) Washington, D.C. President and Congress

STATE State Capitals (Lincoln, NE, Jefferson City, MO)

Governor and State Legislature

LOCAL County 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.


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.


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


Federalism

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Federalism

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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


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)


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


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)


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


Documents

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