20th Century
Ms. Shen
Essentials of the Constitution and American Government
Theoretically, the people created the Constitution and are the ultimate source of power – “We are the people…”
The Constitution, in turn, creates a federal system of government. The basis of this system is the division of
power between a central govt. and the individual state govts. The Constitution grants specific power to the
central govt. and allows the states to retain the remaining powers. Neither group may interfere with the
specific powers given to the other.
Federalism: the sharing of power by national and state governments.
Powers Delegated to the
National Government
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Declare war
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Maintain armed forces
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Regulate interstate &
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foreign trade
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Admit new states
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Establish post offices
Set standard weights and
measures
Coin money
Establish foreign policy
Make all laws necessary
and proper for carrying out
delegated powers
Powers Shared by National and
State Governments
Maintain law and order
Levy taxes
Borrow money
Charter banks
Establish courts
Provide for public welfare
Powers Reserved to the States
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Establish and maintain schools
Establish local governments
Conduct elections
Create corporate laws
Regulate business within the state
Make marriage laws
Provide for public safety
Assume other powers not
delegated to the national
government or prohibited to the
states
There are several kinds of powers outlined in the Constitution
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Delegated or Enumerated Powers (described in Article I, Section 8) are the specific powers granted to
Congress. These powers include the power to levy taxes, to coin money, to regulate trade, to declare
war, etc.
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Implied Powers are powers which may be exercised by Congress, but which are not specifically provided
by the Constitution.
o Elastic Clause: grants Congress the power “to make all laws which shall be necessary and proper
for carrying into execution the foregoing powers.” In other words, Congress has the right to
make laws needed to carry out the enumerated powers of the Constitution.
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Reserved or Residual Powers are powers left to the states under the 10th Amendment. These rights
include the power to control education, to determine voting qualifications, to control local/state crime.
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Concurrent Powers are powers exercised by both the federal and state governments. These powers
include taxation (both state and federal), road construction, penal laws, etc.
The Constitution establishes 3 branches of government: the Legislative Branch, the Executive Branch, and the
Judicial Branch.
The purpose of the Legislative is to create laws; the Executive then carries out and executes all laws. The
Judicial Branch interprets the law and settles disputes over the law.
Powers given to the Legislative Powers given to the Executive
Branch
Branch
The H of R has the sole
Commander in Chief of the
power of impeachment (the
Armed Forces
act of bringing individuals to
Power to grant reprieves
trial), and selects the
(pardons)
President when no candidate
Power to approve or
receives a majority in the
disapprove Congressional
Electoral College
legislation
The Senate tries all
Serves as head of his/her
impeachment cases,
political party
approves all major
Power to appt. executive
Presidential appointments,
dept. heads, Supreme Court
ratifies all treaties
justices, federal judges, and
foreign ambassadors
Powers given to the Judicial
Branch
Oversee all cases involving
the Constitution, federal laws
& treaties, ambassadors, 2 or
more states
Must exercise appellate
jurisdiction (hearing a case
only upon appeal from a
lower court)
May declare a law
unconstitutional in which
case the Constitution must
be amended if the law is to
be re-enacted.
The Constitution may be amended (changed.) A proposed amendment must be approved by 2/3 vote of
Congress OR by 2/3 of the state legislatures. Amendments must be approved by voters in ¾ of the states.