The Constitution on Federal & State Powers

Unit 3: The Constitution

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Unit 3: The Constitution

Lesson#2: The Constitution on Federal & State Powers

Vocabulary

●delegated powers

●reserved powers

●concurrent powers

●enumerated powers

●implied powers

●elastic clause

●supremacy clause

EQ(s):
How does the United States Constitution divide and separate power
between the federal government and state governments?

LEQ(s):
What are examples of powers given to the federal government, state
governments and both levels of government?

A New Government

●Federalism: a dual system of
government in which a written
constitution divides the powers of
government between a central
government & several regional
governments

Open Ended

Why do you think the U.S. might want this type of government?

Open Ended

As we have discussed, federalism allows states to keep a level of independence and individuality.

Can you think of a time when the federal government has helped out some states?

Three Types of Federal Powers

Delegated Powers: the government has only those powers delegated (granted) to it
by the Constitution

Expressed

Powers

Implied
Powers

Inherent
Powers

Type #1

●Enumerated/Expressed Powers:
powers delegated to the federal
government that are spelled out,
expressly, in the Constitution

Type #2

●Implied Powers: powers not expressly stated
in the Constitution, BUT are reasonably
suggested (implied) due to having the expressed
powers

●Elastic Clause: grants Congress to pass all laws
necessary and proper for carrying out the
expressed powers

Expressed Power

Implied Power(s)

Regulating
Interstate
& Foreign
Commerce

Building highways

Creating federal

crimes

Prohibiting racial

discrimination

Type #3

●Inherent Powers: powers that belong to the
national government because it because the
United States exists as an independent country

Match

Match the following

• Expressed Powers

• Implied Powers

• Inherent Powers

Powers directly stated in the Constitution that belon g to the federal govt.

Powers that belong to the federal government based on the elastic clause

Powers that belong to the federal govt. because it exists

• Powers directly stated in the Constitution that belon g to the federal govt.

• Powers that belong to the federal government based on the elastic clause

• Powers that belong to the federal govt. because it exists

Denied Powers

The Constitution says that the federal government

does not have that power

The Constitution does not mention that power

Having that power could threaten the ideas of

federalism

State Powers

●Reserved Powers: powers that the
Constitution does not grant to the
national government & does not deny
to the States

Denied Powers

The U.S. Constitution says the states cannot

have that power

The State Constitution says the state cannot

have that power

Having that power would threaten the ideas

of federalism

State & Federal Powers

●Concurrent Powers: powers that
both the national government and
the States possess and exercise

Poll

Do you think federalism comes with more advantages or more disadvantages?

• It comes with more advantages

• It comes with more disadvantages

Advantages

Disadvantages

Federal government & state

governments can focus on their own

issues

Overlap of powers can cause confusion

States keep some of their individuality

Progress can be slow or delayed if there are arguments over control

Allows for experimentation in public

policies

Federal government & state

governments do not always cooperate

Any Disagreements?

●Supremacy Clause: states the Constitution, laws, and
treaties of the U.S. are the “supreme Law of the Land”
○Judicial branch’s job to use this to settle disputes

○Joins federal and state governments under one
governmental unit

Multiple Choice

If there is an argument between the States and the Federal Government, who usually wins?

• Both the federal government and the states by compromising

• The states because of federalism

• The federal government because of the supremacy clause

• Neither because their arguments cancel each other out

Summarizer:

How does the United
States Constitution
divide and separate
power between the
federal government

and state

governments?

Do Now

Please complete the

following:

1.Read the PDF titled Reading:
Federalism in the Discussion Post

2.

Discuss/think about the
question posed on this slide &
in our discussion board in
Schoology

3.

Answer the question on Schoology (you don't have to
respond to anyone)

Do you think there is a
proper balance in power
between the federal and
state governments today?
Should we change the way

our government works?

Explain your answers in

detail.