Federalism and Constitution Vocab

1. Federalism and Constitution Vocab

2. Delegated Powers • Powers the Constitution grants or delegates to the national government.

3. Expressed 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

4. Enumerated Powers • Another term for expressed powers

5. Implied 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

6. Inherent 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

7. State Power • Federalist Number 45: • James Madison’s argument for limited powers to the national government.

8. Reserved Powers • 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

9. Elastic Clause • 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…”

10. Concurrent Powers • Powers that both national government and states have.

11. Standards and Objectives • 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.

12. 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.

13. Outline • Opening Objective • Visual Vocabulary • Prezi Presentation • Elastic Clause • Federal and State Powers Handout • PowerPoint on Types of Federalism • Taste the Difference • Present Day Scenarios

14. Denied Powers • Those things the national government and states cannot do. • Tax exports • No state can make treaties or alliances with foreign governments. VS

15. Supremacy Clause • 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

16. Guarantees to the States • Republican Form of Government • (Allowing senators and representatives to have a seat in Washington) • Protection • Territorial Integrity

17. Grants • 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.

18. Formal Amendments • 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

19. Informal Amendments • Unwritten changes to the Constitution through basic legislation and executive action. • “no third term”

20. Dual Federalism • 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.

21. Cooperative Federalism • Cooperative federalism, involved the national and state governments sharing functions and collaborating on major national priorities. This relationship predominated between 1930 and 1960.

22. Dual 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.

23. Cooperative 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.

24. Creative 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).

25. New 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.

26. Extradition • 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.