Objectives The students will… Define express and implied powers Identify federal, reserved, and concurrent powers

Federalism

Classifying Governments We can classify governments based on.. The relationship between the legislative branch and the executive branch The geographical distribution of power within the state Who can participate in the governing process Today, we are going to focus on the geographical distribution of power

Three Kinds of Governments Unitary All power rests in a central government There are uniform laws, policies, and enforcement across the entire country Difficult to meet the needs of all citizens Confederate An association of independent states Keeps the power on at the local level Laws can differ from state to state with nobody to resolve conflict Federal Power is split between a central government and local and state governments Citizens have more opportunities to be heard Disputes occur between national and states’ rights

Federalism The United States originally started out as a confederacy What were the problems with that? The states were out of control, so the Framers needed to make a central government to resolve conflicts The federal government gets all its power from the Constitution In order to keep the federal government from becoming too powerful, the Constitution says that any power not given to the federal government is given to the states or the people 10th Amendment

The Supremacy Clause “…This Constitution, and the laws of the United States which shall be made in pursuance thereof… shall be the supreme law of the land…” The Constitution and federal law overrides any conflicting state law This was created because the states under the Articles weren’t listening

Other Important Clauses Privileges and Immunities States must treat citizens of other states the same as its citizens Ex. If you get pulled over in Kentucky, you are subject to the same law as Kentucky Citizens Full Faith and Credit States must recognize contracts and legal records from other states Ex. If you get married in North Carolina, you are still married when you move to Tennessee Extradition States are obligated to send criminals back to states where they have charges pressed against them Ex. If you rob the Weigels and flee to Alabama, they’ll send you back to Knox County when you get caught.

Powers of the Federal Government Article I, Section 8 of the Constitution gives the explicit powers of Congress What are expressed powers? Powers actually written in the Constitution What are implied powers? Power not expressly written in the Constitution Based on the Necessary and Proper Clause aka the Elastic Clause Ex. Declaring war is an expressed power of Congress. Using the Elastic Clause, Congress can draft men into the military if necessary.

Different Kinds of Power Expressed and Implied Power Powers of the federal government that are listed in Article I, Section 8 Reserved Powers Powers the states have adopted because they aren’t explicitly written in the federal Constitution Concurrent Powers Powers that are shared by the state and national governments

Venn diagram Activity Using your book, determine the expressed and implied powers of the federal government, powers that are reserved for the states, and, using your best judgment, determine which powers are shared by the national and state government Article I, Section 8

Expressed and Implied (national government) Reserved (states’ powers) Concurrent (shared)

National Shared STATE Issue driver’s and marriage licenses Conduct elections Establish local governments Make rules about business inside a state Use any power the Constitution doesn’t give the federal government or deny to the states Charter banks and corporations Run public schools Provide police and emergency services Print money Make rules about trade between nations and states Declare war Make treaties Establish a post office Provide an army and navy Make laws that are necessary and proper to carry out its powers Spend money for the general welfare Make copyright laws to protect authors’ writings Decide what units of measure we use Protect public health and safety Collect taxes Build roads Borrow money Establish courts Make and enforce laws

Before you go! White boards! For each statement, indicate whether it is true or false! Be ready to explain your answers!

States had no government when America was born States had no government when America was born. False America’s central government is known as the federal government. True Federalism is the division of power between the states. The Constitution divides federal power among three branches of government. Powers not given to the federal government are reserved to the states or the people. Powers that states and the federal government share are called concurrent powers. The Supremacy clause says state laws are superior to federal laws. Implied powers are stated in the Constitution and expressed powers are not. The Constitution lets Congress do what is “necessary and proper” for carrying out its powers. An association of independent states is called a unitary form of government.