FEDERALISM

Discussion Prompt Answer the following questions: 1.Define federalism in your own words. 2.What is one advantage of having two levels of government? 3.What is one disadvantage of having two levels of government?

I. FEDERALISM A. Federalism divides power to limit abuse by government B. Central (Federal) government and State governments share power

II. National Government Powers A. Delegated powers – written in Constitution 1. Expressed or enumerated Powers (Specifically given to each branch) a. Article I - powers given to Congress b. Article II – Presidential powers c. Article III – Judicial Powers

National Government Powers Continued 2. Implied Powers – reasonably suggested (read between the lines) a. Article I section 8 clause 8 – Necessary and Proper (Elastic Clause)

National Government Powers Continued 3. Inherent Powers – powers that the National government always possesses a.Regulate immigration b.Acquire territory c.Recognize other states d.Protect the nation

POWERS B. Exclusive Powers – only given to National government 1. Make treaties 2. Print $$ 3. Maintain Army 4. Conduct Foreign Relations

F. Powers DENIED to the Federal Government 1. Levy taxes on exports 2. Prohibit freedom of religion, speech, press, assembly 3. Illegal searches 4. Deny speedy and public trial by jury 5. Public school system 6. Marriage laws 7. Set up units of local government

III. STATES’ Powers A. Reserved powers not given to the Federal government (just for the States) B. Powers denied to the States 1. Treaties 2. Print $$ 3. Deprive due process 4. Can’t tax Federal government (inherent)

C. Local Government 1. There are over 87,000 units of local government in the US 2. All local government must follow the Constitution

D. Between States 1. Interstate compacts – States make pacts with other countries or states with Congressional approval 2. Full Faith and Credit – records, court decisions, and debts in one state carry into others (civil matters) 3. Extradition – criminal who leaves a State must be returned 4. Privileges and Immunities – all rights of Americans recognized in all States

E. Admitting new States 1. Only Congress can admit new States 2. Enabling Act must be passed first, which directs people there to frame a constitution and vote on it 3. Admission Act is passed next which means the territory has been accepted as a State

IV. SHARED POWERS A. Concurrent Powers – States and Federal government share these powers 1. Taxation 2. Punish crimes 3. Take property

B. Republican Form of Government 1. Means “A Representative Government” 2. National Government guarantees we will have a Republic or Representative government where people vote 3. National Government protects us from invasion and domestic violence (War on Terror, Little Rock)

V. McCulloch V Maryland On pages read the summary of McCulloch v Maryland. Be ready to explain. What was the court’s decision based on?

VI. The Supremacy Clause (Article VI, Section 2) City and County Laws State Statues (laws) State Constitutions Acts of CongressUnited States Constitution The U.S. Constitution is the “Supreme Law of the Land.” If there is a conflict between a lower law and a higher one, the higher one “wins.”

Summary Questions What powers are given only to the federal government? What powers are given only to the state government? What powers are shared between federal and state government? What is the Supremacy Clause?