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.
Federal System
• There are also certain powers that federal and state government share powers.
• All other powers are kept by the people.
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
What was the name of the philosopher whose natural rights philosophy influenced the Founding Fathers?
John Locke
“We the People…”
• 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
The People
The Constitution protects the rights of the
people from the government.
Constitution
The People
Government
The constitution is a social contract between We the People and the
government.
The Constitution creates limits and guidelines for the
government in order to protect the people
from an abuse of power.
It all starts with the people…
Sovereign
• 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.• Can the people overthrow the government?
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
• Implied powers
Expressed Powers 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
What About Article I, Section 8, What About Article I, Section 8, Clause 18?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”?
Reserved Powers 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)
Concurrent Powers Concurrent Powers
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 of the Federal
Government
Article I, Section 8
Powers of the State
Governments
Amendment X (10)
Concurrent Powers
•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.
Powers Denied Powers Denied
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 State Governments:
Constitution denies certain powers to state, because they are NOT a federal government.
•Make treaties
•Print money
•Deny rights to citizens
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?
So What Does It All Look Like?
Powers of the Federal
Government
Article I, Section 8
Powers of the State
Governments
Amendment X (10)
Concurrent Powers
•Collect taxes
•Define crimes
•Condemn or take private property for public use
Powers Denied to the Federal Government
Powers Denied to the State Governments
The Supremacy ClauseThe Supremacy Clause(Article VI, Section 2)(Article VI, Section 2)
City and County Laws
State Statutes (laws)
State Constitutions
Acts of Congress
United States Constitution
The U.S. The U.S. ConstitutioConstitutio
n is the n is the “Supreme “Supreme Law of the Law of the
Land.”Land.”
If there is a conflict
between a lower law and a higher one, the
higher one “wins.”
Requirements for Governor & Lt. Governor
• Qualifications
• 1. Elector no less than 30 years of age;
• 2. Resident of the state for the preceding 7 years.
• These are also the same requirements for other executive branch positions (Attorney General, Chief Financial Officer, Commissioner of Agriculture
Executive Branch
• Governor: Rick Scott (R)
• Lieutenant Governor: Carlos Lopez-Cantera (R)
Requirements State Senator and State Representative
• Qualifications
• 1. Elector and resident of the district upon taking office.
• 2. Must be at least twenty-one years of age.
• 3. Must be a resident of the state for at least two years prior to election.