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Part 1 – Powers of Government. Main Idea. Essential Question. How is power limited and balanced within a government?. Objectives. Federal Powers.

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  1. Part 1 – Powers of Government • Main Idea • Essential Question How is power limited and balanced within a government?

  2. Objectives

  3. Federal Powers • Federalism – a political system where the national government and state governments share power, though the national government is supreme and wields the greater share. • Enumerated Powers – powers given to the national government to administer directly to the people, not indirectly through states • Declare war, conduct foreign affairs, establish federal court system, raise an army, coin money, regular interstate trade, regulate international trade • Reserved Powers – powers given to the states to administer specific solutions for specific states • Local government, public education, traffic laws, marriage laws, trade within state, medicine • Shared Powers – powers shared between the state and national government • Levy taxes, borrow money, punish crime

  4. Elastic Clause • Elastic Clause– • Congress may “make all laws which shall be necessary and proper for carrying into execution of foregoing powers.” • Divides law makers into those who interpret the Constitution strictly, and therefore do not want to change or expand it, and those who seek to expand it to tackle modern day challenges • Once the government expands, it rarely shrinks back. Instead new powers are passed onto new law makers

  5. Historic Trend Towards Loose Interpretation

  6. Amendments • A federal law must be based on a power granted or implied by the Constitution • Granted – creating court system • Implied – creating National Bank • Amendment –billaltering the Constitution. 2/3 of both Houses of Congress need to approve it, 3/4 of state legislatures need to ratify it to go into effect • Amendments are necessary for the Constitution to stay in step with modern America. • 13th amendment ending slavery, 19th amendment giving women the right to vote • An amendment may add new powers granted by the Constitution, or remove existing powers deemed unnecessary or undemocratic • 17th amendment transferred power of electing Senators from state legislatures to the public

  7. Strengths and Weaknesses of Federalism • Strengths • Splits government to empower the best qualified people. • Divides power amongst three branches, preventing tyranny • States may serve as a laboratory for reform before involving the entire nation • Weaknesses • Conflicts arise between state and federal governments because the lines that divide power are vague and open to interpretation • Laws vary from state to state, making some laws void as state borders are crossed • Federalism results in inefficiency, waste and overlapping administration of laws

  8. Separation of Powers • Separation of Powers – powers of government must be divided amongst three branches to prevent too much power from being invested in one entity • Executive Branch – the branch of government that administers and enforces the laws. Acts as a visible figure head for the entire country • President and Vice President • Legislative Branch – the branch of government that creates laws. Branch most representative of will of the people • House of Representatives and Senate • Judicial Branch – the branch of government that interprets the meaning of laws. Acts as independent (unelected, unpolitical) protector of the Constitution. • Supreme Court and Federal Courts • Checks and Balances – the provision that prevent any branch of the US government from dominating the other two branches

  9. Checks and Balances

  10. Unwritten Constitution • Aspects of Constitution based on tradition instead of law: • 1 • 2 • 3 • 4 • 5 • Political Parties – • Traditionally the US has had a two party system. Though each party has supporters from all social, economic and ethnic backgrounds, both have traditionally been identified with certain segments of the population • Democrats – laborers, the poor, and minority groups • Republicans – businessmen, the wealthy, the elderly • There are liberal, moderate and conservative member of both parties. During elections candidates tend to moderate their views to make themselves appealing to a larger coalition of voters • Minorities parties have limited effectiveness, and usually become single issue parties

  11. Dangers of Parties

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