2 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 governmentand certain powers only to the states.
3 Federal SystemThere are also certain powers that federal and state government share powers.All other powers are kept by the people.
4 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.eduJohn LockeWhat was the name of the philosopher whose natural rights philosophy influenced the Founding Fathers?
5 “We the People…” Life Liberty Property 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...LifeLibertyProperty
6 It all starts with the people… The Constitution creates limits and guidelines for the government in order to protect the people from an abuse of power.ConstitutionThe constitution is a social contract between We the People and the government.The Constitution protects the rights of the people from the government.It all starts with the people…The people must consent to give the power to make and enforce laws to the government.This slide will look at CONSTITUTIONAL GOVERNMENTSDistribute student handout “What is a Constitution?”Students will complete their handout as the PowerPoint progresses. Remind students to check and see if they are on the correct section – Constitutional Government.The first step in a “constitutional government” is the establishment of a social contract between the people and the government.The result of that social contract is a constitution that will outline the limits and guidelines placed on government and the rights of the people to be protected from the government.The government is structured to offer protection for the people through public safety measures and the justice system.GovernmentThe PeopleThe People
7 What does sovereign mean? 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?
8 So how is power divide between the federal and state governments? There are different kinds of powers:Expressed powersPowers that are listedReserved powersPowers specifically given to either the federal or state governmentConcurrent powersPowers shared by the federal and state governmentsImplied powersAsk students what they think each kind of power means prior to revealing the definition.
9 Powers of the Federal Government Expressed PowersPowers GrantedExpressed:Spelled out in the ConstitutionArticle I, Section 818 clauses giving 27 powersTaxCoin moneyRegulate tradeDeclare warGrant patentsPowers of the Federal GovernmentArticle I, Section 8
10 What About Article I, Section 8, Clause 18? This is what is known as the “elastic clause” or implied powers.Implied:Not written in Constitution, but reasonably suggestedArticle I, Section 8, Clause 18“necessary and proper”The Elastic ClauseBuild damsHighways & roadsDetermine crimesArticle I, Section 8, Clause 18To 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”?
11 Powers of the State Governments Reserved PowersReserved Powers:10th AmendmentNot granted to Federal, but not denied to states.Legal marriage ageDrinking ageProfessional licenseConfiscate propertyThe power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.Powers of the State GovernmentsAmendment X (10)
12 Powers of the Federal Government Powers of the State Governments Concurrent PowersPowers of the Federal GovernmentArticle I, Section 8Concurrent PowersCollect taxesDefine crimesCondemn or take private property for public usePowers of the State GovernmentsAmendment X (10)Concurrent:The national and state governments share these powersMay be exercised separately and simultaneouslyCollect taxesDefine crimesCondemn or take private property for public usePowers 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.
13 The Constitution! Powers Denied The United States Constitution and State Constitutionsprovide for theprotection of the rights of the people.Denied State Governments:Constitution denies certain powers to state, because they are NOT a federal government.Make treatiesPrint moneyDeny rights to citizensDenied Federal Government:Expressly denied:Infringe on rights (speech, press, etc.)Silence in Constitution:Only has delegated powersDenied in Federal System:Cannot tax statesDenied Both:Both state governments and national government have been denied the power to violate rights of citizensWhat protects the rights of the people from the government?
14 So What Does It All Look Like? Powers of the Federal GovernmentArticle I, Section 8Concurrent PowersCollect taxesDefine crimesCondemn or take private property for public usePowers of the State GovernmentsAmendment X (10)Powers Denied to the FederalGovernmentPowers Denied to the StateGovernments
15 The Supremacy Clause (Article VI, Section 2) United States ConstitutionThe U.S. Constitution is the “Supreme Law of the Land.”If there is a conflict between a lower law and a higher one, the higher one “wins.”Acts of CongressState ConstitutionsState Statutes (laws)City and County Laws
17 Requirements for Governor & Lt. Governor Qualifications1. 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
18 Executive Branch Governor: Rick Scott (R) Lieutenant Governor: Carlos Lopez-Cantera (R)
19 Requirements State Senator and State Representative Qualifications1. 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.
20 Legislative Branch State Senator: State Representative: Larry Metz (R) Alan Hays (R)State Representative:Larry Metz (R)