Federalism: National vs. State Government

The U.S. Constitution establishes a government based on "federalism," or the sharing of power between the national, and state (and local) governments. Our power-sharing form of government is the opposite of "centralized" governments, such as those in England and France, under which national government maintains total power.

While each of the 50 states has its own constitution, all provisions of state constitutions must comply with the U.S. Constitution. For example, a state constitution cannot deny accused criminals the right to a trial by jury, as assured by the U.S. Constitution's 6th Amendment.

Under the U.S. Constitution, both the national and state governments are granted certain exclusive powers and share other powers.

"A Living Document" (The Amendment Process)

How could a 208 year-old document, written for a small agricultural nation of thirteen states endure through the tests of time to apply to today's immense, modern highly industrialized society? This is because of the flexibility with which the Constitution was imbued. The framers knew that they could not possibly plan for every circumstance or situation. As such, they provided various methods by which the Constitution and its laws could be modified as society grew and changed. That is why the United States Constitution is known as a "living constitution," one which can adapt and be flexible as necessary. There are three ways in which the Constitution is a "living" document: the formal amendment process; the informal amendment process; and custom, usage, and tradition. The formal amendment process is how amendments are added to the Constitution. Article V details the two methods to propose an amendment and the two methods to ratify an amendment. This part of the living constitution has been a useful tool by which Congress may enact an amendment. It keeps them honest in that the states must approve of any amendments by a three-fourths vote.

ChecPrevent Tyranny with a System of Checks & Balances!!!ks and Balances

System of Checks & Balances

The national government is divided up into three branches: legislative, executive, and judicial. These three branches are not independent of one another because the Constitution set up a system of checks and balances to help ensure that no one branch became too powerful. Each branch has powers that it can use to check and balance the operations and power of the other two branches.

The Judicial Branch

The Supreme Court

The Roberts Court, 2010
Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg

Federal Court Structure

Federal Court System Diagram

Who Advises the President

President Obama's Cabinet

The tradition of the Cabinet dates back to the beginnings of the Presidency itself. Established in Article II, Section 2, of the Constitution, the Cabinet's role is to advise the President on any subject he may require relating to the duties of each member's respective office.

The Cabinet includes the Vice President and the heads of 15 executive departments — the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, as well as the Attorney General.

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The Executive Branch

The White House

President Barack Obama & Vice President Joe Bidden

The President's Cabinet

The Legislative Branch

The Capitol Building

The 3 Branches of Government

The Liberty Kids: The U.S. Constitution

The Preamble of the Constitution

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

The Preamble to the United States Constitution is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. It states in general terms, and courts have referred to it as reliable evidence of, the Founding Fathers' intentions regarding the Constitution's meaning and what they hoped the Constitution would achieve.


The Preamble to the Constitution states the 6 goals of government...

1. form a more perfect union... make the best country possible

2. establish justice... create a fair system for our people
3. insure domestic tranquility... guarantee peace on our home land

4. provide for the common defense... provide protection for our citizens
5. promote the general welfare...  work together for the common good
6. secure the blessing of liberty... protect our citizens rights & freedoms

The Preamble to the Constitution

The Preamble to the Constitution in Licenses Plates 

The Social Contract

SOME EXTRAS FOR THE OVERACHIEVERS…

"Life, liberty, and the pursuit of happiness."
John Locke, a 17th century English Philosopher, insisted that men “have a mind to unite for the mutual Preservation of their Lives, Liberties and Estates, which I call by the general Name, ‘Property.’”

Adam Smith, an 18th century Scottish philosopher and economist whom some have called the father of free trade with his treatise The Wealth of Nations, penned the phrase “Life, Liberty and the pursuit of Property.”

Jefferson, according to historians, was a great follower of Adam Smith, and since he was well educated it’s very likely his inspiration for the phrase “Life, Liberty and the pursuit of Happiness” was derived from Locke and Smith.

The Leviathan

A “leviathan” is literally a sea monster mentioned in the Bible.  It is also the title of a well known philosophy book written by Thomas Hobbs in 1651.  The focus of the book is the structure of society and legitimate government.  In the book, Hobbes argues for a "Social Contract," whereby by the people give up some of their absolute freedoms in exchange for governmental protection of human rights.  Hobbs felt that “The State of Nature,” which is total chaos pitting man against man, could only be averted by strong central government.

Of The Social Contract, Or Principles of Political Right, is a philosophy book written in 1762 by Jean-Jacques Rousseau.  In this book, Rousseau theorized about the best way in which to set up a political community in the face of the problems of commercial society which he had already identified in his “Discourse of Inequality.”