1. Unit 2: Foundations of US Government The Constitution
Limited Government in the United States

2. What is Limited Government?
The powers of the US government are
defined by the Constitution.
Limiting the powers of government in this
way was intended to prevent abuse of
power.

3. How is the Power of the US Government Limited?
The Powers of the US Government are
limited through …
The System of Federalism
Separation of Powers and Checks and Balances

4. How Does the System of Federalism Work in the US Government?
The Constitution divides the power to govern
between the federal (or national)
government and the state governments
This system allows the states some measure of independence
But, unlike under the Articles, the Constitution and federal laws are supreme over the states (according to Article VI, Section 2 of the Constitution)

5. Delegated Powers – Powers specifically granted to the federal government by the Constitution
Examples of federal powers delegated by Article I, Section
8 of the Constitution…
Maintain army and navy
Declare war
Coin money
Regulate interstate and foreign trade
Levy taxes on the states
Examples of federal powers delegated by Amendments to
the Constitution …
15th – gave the federal government powers to pass laws to enforce voting rights for African Americans
16th – authorized the collection of an income tax
18th – allowed the federal government to prohibit alcoholic beverages (until the 21st Amendment repealed it)

6. Examples of implied powers…
Implied Powers – Federal powers implied by the elastic clause (Article 1, Section 8, Clause 18 of the Constitution)
Examples of implied powers…
establish a national bank
establish minimum wages

7. Examples of Reserved Powers …
Reserved Powers -- State powers implied by the 10th Amendment (those powers that are neither delegated to the federal government nor denied to the states are reserved to the states)
Examples of Reserved Powers …
Conduct elections
Establish schools
Regulate businesses within a state
Establish local governments
Regulate marriages

8. Examples of Concurrent Powers …
Concurrent Powers -- Powers shared by the federal government and the state governments
Examples of Concurrent Powers …
Enforce laws
Establish courts
Borrow money
Protect the public safety
Build roads
Collect taxes

9. Denied Powers – powers denied to the federal and/or state governments
Powers denied to the federal government (According to Article I,
Section 9) …
Prohibition of the slave trade until 1888
Suspension of the Writ of Habeas Corpus – requires just cause to be shown for holding a prisoner
Passing Bills of Attainder – laws that punish a person without a jury trial
Passing Ex Post Facto Laws – laws which make an act a crime after the act has been committed
Direct taxation of the people
Taxation of exports
Granting titles of nobility
Powers denied to the states (According to Article I, Section 10) …
Conducting foreign affairs
Carrying on a war
Controlling interstate or foreign commerce
Passing laws that the federal government is prohibited from passing
Levying taxes on imports and exports
Maintaining an army or navy

10. Denied Powers Continued
Powers denied by Amendments to the Constitution …
1st – prevents the denial of freedom of speech, the press, and religion; the right to assemble peacefully; and the right to petition the government
2nd – prevents the denial of the right to bear arms
3rd – prohibits the forced housing of soldiers during peacetime
4th – prohibits unreasonable searches and seizures
5th – prohibits the deprivation of life, liberty, or property without due process of law
6th & 7th – prevent the denial of the right to a trial by jury
8th – prohibits excessive bail, fines, and punishments
13th – prohibits slavery
14th – prevents the denial of citizenship and equal protection of the laws on the basis of race
15th – prevents the denial of the right to vote on the basis of race
19th – prevents the denial of the right to vote on the basis of sex
22nd – limits the President to 2 terms in office
24th – prohibits poll taxes
27th – prohibits congressional pay raises that take effect during the current session of Congress

12. Conflicts between the federal government and the states
the states are decided by the courts …
First the courts will determine if both the federal and the state laws are constitutional
Any law (federal or state) found to be unconstitutional will be eliminated
If both laws are found to be constitutional, the courts will rule according to the Supremacy Clause (Article VI of the Constitution)
The federal law will be upheld over the state law

13. How Does Separation of Powers and Checks and Balances Work in the US Government?
Separation of Powers – The Constitution divides the
powers of the federal government into 3 branches to
ensure that no one branch becomes too powerful
Legislative
Executive
Judicial
Checks and Balances – The Constitution gives each
branch of the federal government ways to check, or control,
the other branches to ensure that no one part of the
government abuses its power

14. Separation of Powers

15. The Legislative Branch
The Legislative Branch consists of
the Senate and the House of
Representatives
Each state elects 2 Senators (total = 100)
Senators serve a term of 6 years
Each state elects Representatives according to the size of its population
(total = 435)
Representatives serve a term of 2 years

16. Powers of the Legislative Branch
General Purpose = to make the laws
Specific Powers of Congress
Overrides presidential vetoes
Approves presidential appointments
Approves treaties
Declares war
Imposes taxes
Regulates money and trade
Impeaches officials

17. The Executive Branch The Executive Branch consists of …
The President and the Vice President
Both the President and Vice President are elected to 4 year terms and are limited to 2 terms
The 14 Executive (Cabinet) Departments
The heads of the executive departments are known as the President’s Cabinet and make up his chief advisers
Cabinet members are appointed by the President and must be approved by the Senate

18. Powers of the Executive Branch
General Purpose = to enforce laws
Specific Powers of the President
Vetoes laws
Appoints federal judges and cabinet officials
Conducts foreign policy
Commander-in-Chief of the military
Recommends bills to Congress
Reports the state of the Union

19. Judicial Branch The Judicial Branch consists of … The federal courts
US District Courts
US Courts of Appeals
The Supreme Court
The Supreme Court consists of 9 justices
Justices are appointed to lifetime terms by the President, but must be approved by the Senate

20. Powers of the Judicial Branch
General Purpose = to interpret laws
Specific Powers
Settles legal disputes between states
Settles state and federal disputes
Settles disputes between States and foreign countries
Hears cases with ambassadors of foreign governments
Settles disputes between individuals and the federal government
The Supreme Court has the power of Judicial Review – it can declare laws unconstitutional

21. Checks and Balances