The U.S. Constitution Ideals of the Constitution: Federalism and the Division of Powers Ideals of...
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The U.S. Constitution
Ideals of the Constitution: Federalism and the Division of Powers
Ideals of the ConstitutionIdeals of the Constitution
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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
Ideals of the ConstitutionIdeals of the Constitution
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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
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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 ConstitutionIdeals of the Constitution
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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”
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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
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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
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The Constitutional Basis of Federalism The Division of Power
Supremacy Clause The U.S. Constitution Laws of Congress Treaties State Constitutions State Laws
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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)
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Understanding Federalism
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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.
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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.
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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
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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
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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)
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Defining Federalism
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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.
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Federalism: State Education Spending on State Public Education
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Understanding Federalism: Government spending and the GDP
The Public Sector and the Federal System
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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
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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)
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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
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