Federalism

Key Questions Is the federal system the best way to govern the country? How is power divided between the federal government and the States?

Federalism Division of power between national, state, and local government.

You know federal law says… All young men have to register for military service at age 18. Most employers pay a minimum wage. No person can be denied a job based on their race or ethnicity.

You also know state law says… You need to have a drivers license to operate a motor vehicle. You must be 21 or older to purchase alcohol Only those meeting certain requirements can own firearms.

You even know local law says… When you can or cannot burn trash. How late you can have a party before you violate a noise ordinance. What tags your dogs need to have.

Why did the Framers choose federalism? 1. Government power inevitably poses a threat to individual liberty 2. Therefore, government must be restrained. 3. To divide power is to prevent abuse of that power.

“Out of Many, One” Federal, State, Local Govt work together. Latin Phrase: E Pluribus Unum

Federalism in Practice Produces a “Dual” system of government: which means there are two basic levels of government, each with its own field of authority, and operating over the same people at the same time.

Put another way… It allows local action on local matters and national actions on bigger concerns. Example: Federal Government controls who we go to war with While individual states decide if they want the death penalty or not.

Laboratories of Government Washington and Oregon allow physician assisted suicide. Alaska, Delaware, new Hampshire, Montana and Oregon do not have sales tax.

So what powers does the Federal government have? 3 Delegated (given to) powers 1. Expressed 2. Implied 3. Inherent

1. Expressed Powers These powers are stated in the constitution (Article 1, Section 8) Gives federal government 27 powers which include things like: tax, print money, regulate interstate commerce, declare war, control armed forces, etc etc.

Government Powers (Division of Powers) Powers Granted Expressed Implied Inherent Expressed: Article I, Section 18 18 clauses giving 27 powers Tax Coin money Regulate trade Declare war Grant patents National Government Delegated Powers

2. Implied Powers Not specifically stated in the constitution but reasonably suggested by the expressed powers

Government Powers (Division of Powers) Powers Granted Expressed Implied Inherent Implied: Not written in Constitution, but reasonably suggested Article I, Section 18, Clause 18 “necessary and proper” The Elastic Clause Build dams Highways & roads Determine crimes National Government Delegated Powers

Where do the implied powers come from? Art 1, Sec 8, Clause 18 Congress has the power: “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution.” This is sometimes called the Elastic Clause. Why?

3. Inherent Powers Powers that belong to the government because it is in charge of the country. Or These powers exist because the USA exists. Powers include: regulate immigration, deport aliens, acquire territory, grant diplomatic recognition, protect the country from rebellion

Government Powers (Division of Powers) Powers Granted Expressed Implied Inherent Inherent: Not written in Constitution, but belong to national governments Regulate immigration Grant diplomatic recognition to nations Protect the nation National Government Delegated Powers

Powers denied the Federal Government 1. Expressly Ex: can’t take private property without payment, can’t prohibit free speech, can’t conduct illegal searches 2. Through Silence Can’t create public schools, can’t set up local government 3. Because of federalism itself Can’t tax states

Government Powers (Division of Powers) Denied: Expressly denied: Infringe on rights (speech, press, etc.) Silence in Constitution: Only has delegated powers Denied in Federal System: Can’t tax states National Government Denied National Powers Denied

The States; Reserved Powers They are governments of reserved powers AKA they get all the powers that the federal government does not get that they also are not denied. ***10th Amendment***

Government Powers (Division of Powers) Powers Granted 10th Amendment Reserved Powers: 10th Amendment Not granted to Federal, but not denied to states. Legal marriage age Drinking age Professional license Confiscate property The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare. State Government Reserved Powers

What kind of laws can states enact? (almost anything) Marriage age, sale of pornography, permit or prohibit gambling, lawyer/teacher licenses, public schools, land use, utilities, drinking age, etc etc etc. (Most things government does are done by the states, not the fed)

Why is the drinking age 21 in almost all states?

Powers denied to States Can’t print money Can’t make alliances Can’t tax the federal government Can’t deprive a person of life liberty or property without due process of law

Government Powers (Division of Powers) Denied States: Constitution denies certain powers to state, because they are NOT a federal government. Make treaties Print money Deny rights to citizens State Government Denied States Powers Denied

Concurrent Powers (Both Federal and State) Some powers are shared or overlap between the federal government AND the states at the same time Ex: tax, borrow money, establish courts, define crimes, environment and health standards, establish a police force, protect national borders

Government Powers (Division of Powers) EXCLUSIVE Powers Granted Expressed Implied Inherent 10th Amendment National Government State Government Delegated Powers Reserved Powers Concurrent Powers Denied Both Denied States Denied National Powers Denied

What if the laws conflict? The Supremacy Clause (Art 6, Sec 2) In a nutshell, the Constitution is #1, acts of Congress and treaties are #2, then the state laws are #3.

Federalism Local: State: Federal: Which level of government failed to protect the citizens of New Orleans in 2005 because of Hurricane Katrina? Record how each government failed as you watch the video. Local: State: Federal: Take notes as to what went wrong during Hurricane Katrina.

Draw a Venn Diagram Include: Delegated powers of National Government: Define terms below. Expressed, Implied, Inherent Reserved powers of State Government…give examples and define reserved. Concurrent Powers…example and define ***List the powers that fit in each category and define terms.

Hurricane Katrina Draw a chart stating the problems and mistakes of the three levels of government: Local State Federal Be specific and provide details Who was at fault for the problems and mistakes that happened because of Hurricane Katrina?

Answer: Give evidence and details to support your answer.