Federalism and Constitution Vocab
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Transcript of Federalism and Constitution Vocab
Federalism and Constitution Vocab
Powers the Constitution grants or delegates to the national government.
Delegated Powers
Are those powers directly expressed or stated in the Constitution by the Founders.◦ Most of these are found in the first three articles.
Make war Collect taxes Raise an Army and Navy
Expressed Powers
Another term for expressed powers
Enumerated Powers
Those powers that the national government requires to carry out the powers that are expressly defined in the Constitution.◦ The power to draft those into the armed forces
Implied Powers
Those powers that the national government may exercise simply because it is a government.◦ The control of immigration◦ Establish diplomatic relations with other countries
Inherent Powers
Federalist Number 45:◦ James Madison’s argument for limited powers to
the national government.
State Power
The powers reserved strictly for the states. ◦ Grants to the states those powers “not delegated
to the United States by the Constitution, nor prohibited by it to the states.” Regulation of public school systems
Reserved Powers
Also known as the necessary and proper clause. ◦ Correlates to implied powers as it allows congress
to stretch its authority. “Congress shall have power…to make all Laws which
shall be necessary and proper for carrying into Execution the Foregoing powers, and all other powers vested…in the Government of the United States…”
Elastic Clause
Powers that both national government and states have.
Concurrent Powers
Standard Number: 1.0 Culture Standard: Culture encompasses similarities and
differences among people, including their beliefs, knowledge, changes, values, and tradition. Students will explore these elements of society to develop an appreciation of and respect for the variety of human cultures.
Standard Number: 4.0 Governance and Civics Standard: Governance establishes structures of power
and authority in order to provide order and stability. Civic efficacy requires understanding rights and responsibilities, ethical behavior, and the role of citizens within their community, nation, and world.
Standards and Objectives
4.6 Understand the concept of federalism. Students will understand why the concept of
federalism is necessary to protect natural rights and prevent abuses of government power.
Students will understand how the concepts of federalism have been applied to society during their own lives.
Objectives
Opening Objective Visual Vocabulary Prezi Presentation
◦ Elastic Clause Federal and State Powers Handout PowerPoint on Types of Federalism
◦ Taste the Difference Present Day Scenarios
Outline
Those things the national government and states cannot do.◦ Tax exports◦ No state can make treaties or alliances with
foreign governments.
Denied Powers
VS
What happens when states exceed their reserved powers and pass laws that conflict with national laws? Which law is supreme?◦ This Constitution, and the Laws of the United
States which shall be made in Pursuance thereof, and all treaties made…under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby.” No state law or constitution may conflict with any
form of national law
Supremacy Clause
Republican Form of Government◦ (Allowing senators and representatives to have a
seat in Washington)◦ Protection◦ Territorial Integrity
Guarantees to the States
a. Categorical Grant: A grant for a specific project which must be approved and reviewed by the federal government.
b. Block Grant: A grant for a general function (health, law enforcement, etc.) These grants have some conditions and reporting requirements. They are distributed on a formula basis.
Grants
The type of amendments that make actual change to the U.S. Constitution
Needs two-thirds vote by congress Needs three-fourths vote by States
Formal Amendments
Unwritten changes to the Constitution through basic legislation and executive action.◦ “no third term”
Informal Amendments
Dual federalism, involves clearly enumerated powers between the national and state governments, and sovereignty in equal spheres. This relationship predominated from the 1790s to 1930.
Dual Federalism
Cooperative federalism, involved the national and state governments sharing functions and collaborating on major national priorities. This relationship predominated between 1930 and 1960.
Cooperative Federalism
Dual federalism, also known as "layer cake federalism" involves clearly enumerated powers between the national and state governments, and sovereignty in equal spheres. This relationship predominated from the 1790s to 1930.
Dual Federalism
Cooperative federalism, also known as "marble cake federalism," involved the national and state governments sharing functions and collaborating on major national priorities. This relationship predominated between 1930 and 1960.
Cooperative Federalism
Creative (Centralized) Federalism: National government becomes the most powerful actor in these formerly shared functions, and uses its power even when states are opposed (i.e.--Civil Rights).
Creative Federalism
New Federalism: An attempt to end federal interference in state affairs. More reliance on block grants, end of revenue sharing. States not enthusiastic because end-result was often increased responsibility (and expectations) of the local government while there was a reduction in funding to local governments.
New Federalism
If a criminal flees to another state after committing a crime in a different state, they may be transferred back to where the original crime was committed.
Extradition