Honors US Government Unit 2 Term Sheet
Unit Two – Underpinnings and Federalism
Essential Questions:
Which level of government should be responsible for certain policies?
How do we know if the federal government has too much power?
Where and when has the federal government sought to advance the principle of justice and equality?
How did Enlightenment philosophers influence the founders?
What are the basic principles that the US Government is based upon?
Why did the Framers decide to create a federal system of government?
How is power divided between the federal government and the state governments?
What specific constitutional clauses lead to increased federal power?
Necessary and Proper Clause, Commerce Clause, Supremacy Clause
What specific constitutional clauses lead to increased state power?
th
10 amendment
How does the role of money influence the balance of power between the federal and state governments?
As you read and take notes on Unit Two be sure to focus on the following terms. These terms are not the only
information that must be covered from the unit, but serve as focal points of definitions you should focus on.
Feel free to add additional terms / ideas to the list as you see fit. Some terms may need only a brief phrase to
summarize, while some may require more detailed explanations.
Terms/Ideas:
The Constitution Power is divided and shared
Replaced the Articles of between national and state
Confederation governments
Created a strong central
government, secured individual Limited Government
rights, limited government People have certain
rights that the
Declaration of Independence government cannot take
All men are “created equal” and away, government is
born with “certain unalienable restricted in what they
rights” can do
Founded on the concept of “the
consent of the governed” Checks and Balances
Branches of government have
Articles of Confederation constitutional checks/restraints
9/13 consent to pass laws by other branches
Unanimous consent for
amendment
Popular Sovereignty
Government exists only with
the consent of the governed, Separation of Powers
power resides in the people Powers are distributed
among three branches of
Federalism government –
legislative, executive,
judicial, each exercises Two legislative houses – The Legislative branch powers
different powers Senate and the House of Passes laws
Designed to limit Representatives Raises and maintains military
powers of Appropriates money
government/prevent one Three-Fifths Compromise
branch from becoming 3/5ths of slaves counted for Judicial branch powers
too poweful representation; 3/5ths of slaves Interprets laws
counted for taxation Declares governmental actions
Judicial Review unconstitutional
Power of the judicial Federalists vs. Anti-Federalists
branch to determine the Federalists: favored ratification Amendment Process
constitutionality of a of the Articles Four possible methods
governmental action Argued that the of formal amendment –
(example of checks and difficulties changes or additions that
balances) facing the become part of the
Republic could written Constitution
Rule of law be solved only 1. Proposed by 2/3 vote
Everyone must abide by the by the creation in each house of
law; No one is above the law of new Congress, ratified by ¾
government State legislatures
Constitutionalism based on the 2. proposed by 2/3 vote
Government must obey the Constitution in Congress, ratified by
law/constitutional principles Dedicated to conventions in ¾ of the
concept of States
Constitutional Convention limited 3. Proposed by national
The Framers – delegates who government – convention, ratified by
attended the Philadelphia government ¾ State legislatures
Convention power threatens 4. Proposed by national
Elected George Washington individual liberty convention, ratified by
president of the convention so it must be conventions in ¾ of the
Each State delegation was given restrained by States
one vote – majority rule dividing its
Virginia Plan: bicameral power Marbury v Madison
legislature, state Anti-Federalists: opposed Supreme Court established
representation based on ratification of the Articles power of judicial review
population, gave Worried that the
Congress power to presidency McCulloch v Maryland
legislate when States are would become a Hamilton supported
incompetent monarchy and foundation of a national
New Jersey Plan: unicameral Congress would bank to control nation’s
legislature, States equally become too finances
represented – one vote powerful Jefferson opposed a
Connecticut Bore down on national bank because
Compromise/The Great the absence of a there was no
Compromise: bicameral bill of rights constitutional authority
legislature, Senate – one to create one
vote, House – based on Executive branch powers Jefferson/Maryland
population Enforces laws taxed national bank as it
Submits budget resided within
Bicameral Appoints judges and department Maryland’s borders;
heads Mcculloch refused to
pay tax, argued that the
state did not have the power over state
power to tax Inherent Powers government
Court decided national Powers that a sovereign state
bank was constitutional holds Powers denied to the States
under the Necessary and Not expressed but historically Enter into any treaty, alliance,
Proper Clause and other governments have or confederation
Maryland could not tax possessed Print or coin money
national bank under the These powers exist because the Tax agencies of national
Supremacy Clause United States exists government
Examples: regulating
Gibbons v Ogden immigration, acquiring territory Elastic Clause
Unclear how much Congress has the power to make
power Congress had Reserved Powers all laws necessary for executing
over commerce and Powers reserved to the states its other powers
what constituted Examples: legal marriage age,
commerce professional license Necessary and Proper Clause
Ogden held a state Also known as the Elastic
license to operate Concurrent Powers Clause
steamboats under New Both state and federal
York state legislature, governments have these Supremacy Clause
Gibbons held a federal powers, exercised The Constitution, laws,
coasting license separately and and treaties of federal
Gibbons won the case – simultaneously government are the
commerce clause, Examples: taxes, crimes, supreme law of the land
supremacy clause eminent domain (ability to take in which judges in every
Ogden could have used private property for public use) state must obey (federal
the 10th amendment and > state)
claimed the steamboat Exclusive Powers
operation did not Wielded by either the federal or Commerce Clause
constitute commerce state governments, not Congress has the power to
exercised simultaneously regulate foreign and interstate
Delegated Powers commerce
Powers specifically granted to Powers denied to the National
the federal government by the Government Division of Powers
Constitution In Constitution expressly: Division of powers between
Three types: expressed, implied, Levy duties on national and state governments
inherent exports
Take private Laboratory of Democracy
Expressed Powers property without just States act as laboratories
Specifically spelled out in the compensation of democracy because
Constitution (27 powers) Prohibit freedom laws and policies are
Examples: taxation, coining of religion, speech, press created and tested within
money, regulating trade, or assembly the states and sometimes
declaring war Silence of the adopted at the federal
Constitution: level
Implied Powers Only has powers written
Not specifically spelled out in in Constitution, 10th Interstate Commerce
the Constitution but reasonably amendment Transportation of
suggested (Elastic Clause) Federal system: products across state
Examples: building dams, Does not have powers borders; federal
interstate highways, federal that give it too much government has power
crimes to regulate interstate
commerce under the Project grants Conditions must be met for a
Commerce Clause Apply for a grant grant to be given
Treaty power Revenue sharing Unfunded mandate
The Constitution grants Sharing a portion of Requires state or local
the president the power federal tax revenue to governments to perform a
to make treaties with state and local certain action without funding
advice and approval of governments to assist
2/3 of the Senate with monetary needs Incentive
Carrot (rewards) vs stick
Block grants Congressional mandates (punishments) to encourage an
Grants given for broadly action to be done
defined purposes with little
conditions Judicial Mandates Federalist 10
Directing the proper officer to A large republic is the best
Categorical grants enforce a judgment, sentence, or
Grants given for a specific decree Federalist 51
reason with conditions applied Checks and balances, separation
Condition-in-aid of powers,
