F EDERALISM

T HREE TYPES OF GOVERNMENT Unitary – A centralized system of government in which all power is vested in a central government. Most nations operate this way. Ex.- Great Britain, France, China Confederate – A decentralized system of government in which a weak central government has limited power over the states. USA under the A of C, United Nations – Today Federal – A system of government in which power is divided by a written constitution between a central gov’t and regional gov’t. As a result, two or more levels of gov’t have formal authority over the same area and people. The US, Mexico, Canada, Germany, India

W HY F EDERALISM ? The Articles of Confederation proved to be too weak to deal with all the problems that the new nation would face. Unitary system was a no go. We lived under the rule of a distant country. Old government was run out of London. The Framers chose to balance order and freedom by creating a federal system that assigned powers to the national government while reserving other powers to the states.

P OWERS OF THE G OVERNMENT EXPRESSED POWERS Sometimes called enumerated or delegated powers, these powers are granted specifically to the federal government by the Constitution. Art I, Section 8 lists 18 separate clauses that enumerate 27 powers to Congress. Art II, Section 2 assigns the President several expressed powers. Article III grants the Supreme Court “the judicial power of the United States”. Several amendments contain expressed powers. Example: 16 th Amendment. Key Expressed Powers – Power to tax, declare war, make treaties, regulate interstate and foreign trade, coin/print money.

O THER P OWERS IMPLIED POWERS Not expressly stated in the Constitution. Derives from Article I, Section 8, Clause 18. ELASTIC CLAUSE OR NECESSARY AND PROPER CLAUSE. This gives Congress the power “to make all Laws which shall be necessary and proper for carrying into Execution the forgoing Powers and all other Powers vested by the Constitution in the Government of the United States, or in any Department or Officer thereof.” WHAT??? In other words, since it was impossible for the framers to know everything, this allows for the federal government to extend its powers when beyond those enumerated when necessary. Example - ?

I NHERENT P OWERS Because the United States is a sovereign nation (state), there are certain rights it automatically gets. Under international law, all nation-states have the right to make treaties, wage war, and acquire territory. There have been limitations put on these powers over the years by Supreme Court decisions.

R ESERVED P OWERS Powers that are held solely by the states. The 10 th amendment says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” Reserve powers include licensing doctors, establishing public schools, and establishing local governments. Reserve powers also include the police power – the authority of a state to protect and promote the public morals, health, safety, and general welfare.

C ONCURRENT P OWERS Powers that are shared by the federal and state governments. Power to tax Build roads Operate courts of law Borrow money

G UARANTEES FROM C ONSTITUTION Federal government must… Guarantee the states a republican form of government Provide protection from foreign invasion and domestic rebellion Prevent the states from subdividing or combining to form new states without Constitutional consent. State governments must… Accept court judgments, licenses, contracts, and civil acts of all other states through the Full Faith and Credit Clause. Provide protection or access to the courts for all people, not just those of their state. ( Privileges and immunities clause)

S UPREMACY C LAUSE The Constitution requires that conflicts between federal law and state law to be resolved in favor of federal law. State laws that violate the Constitution, federal laws, or international treaties can be invalidated through the supremacy clause.

P ROHIBITED P OWERS Suspend the writ of Habeas Corpus Pass ex post facto laws Impose export taxes Use money from the treasury without the passage and approval of an appropriations bill Grant titles of nobility Enter into treaties with foreign countries Declare War Maintain a standing army Print Money Pass ex post facto laws Grant titles of nobility Impose import or export duties. Federal Gov’t cannot…State gov’ts cannot…