Putting the federal in federal republic federalism Putting the federal in federal republic

Federalism: Powers Divided Section 1 Federalism: Powers Divided

Why federalism? Founding fathers saw governmental power as leading to trespasses against individual liberty. They believed in limited government. Federalism is a way of limiting government’s power by disbursing power amongst more people.

What is federalism? Federalism is the division in power between a central government and regional governments (states) Each level has its own powers – separation of powers. Both National and State governments act on citizens at the same time. Local control in matters of local concern National control in matters of larger concern

Powers of the National Government Delegated powers are those powers that the Constitution grants to the national government. Three types of delegated powers: expressed powers, implied powers, and inherent powers.

expressed powers Powers specifically written down in the Constitution. Found in Article I, Section 8; Article II, Section 2; and Article III. Example: power to lay and collect taxes

implied powers Not written down in the Constitution, but reasonably suggested by it. Article I, Section 8, Clause 18 of the Constitution lists the “Necessary and Proper Clause.” Also called the “Elastic Clause”

inherent powers Powers that belong to the government because the United States is a sovereign nation. Examples: immigration, diplomacy

Powers denied to the National Government Powers are denied to the National Government in three ways: Expressly (ex. Bill of Rights) through the silence of the Constitution through the federal system

Powers of the States The powers of the States are reserved powers. The 10th Amendment explains that powers not granted to the National Government are reserved for the States. Most laws that effect you are at the State or local level. Example: schools, speed limits, licensing. police power – to protect & promote the general welfare. Each state has its own constitution.

exclusive powers and concurrent powers Exclusive powers are those that can only be exercised by the National Government. Examples: coin money, make treaties. Concurrent powers are those that both the National Government and the States can possess and exercise at the same time. Example: levying and collecting taxes.

Delegated Powers Concurrent Powers Reserved Powers Exclusive Powers

Conflicts between Federal and State laws The “Supremacy Clause” (Article VI, Section 2) States that the Constitution is the supreme law of the land If there is a conflict, National law will prevail Is the linchpin of the Constitution because it joins the National Government and States into a single unit – a federal government.

Conflicts between Federal and State laws cont… The role of the Supreme Court It is the umpire of the federal system. It can apply the “Supremacy Clause” to conflicts between National and State governments. The Supreme Court first applied the: Supremacy Clause in the case of McCulloch v. Maryland. The case of McCulloch v. Maryland also held up the idea of implied powers for the first time.