Chapter 4 Notes: Federalism

Federalism Federalism is a system of government in which a written constitution divides the powers of the government on a territorial basis between a central, or national, government and several regional governments, often called states Each of the levels of government has its own substantial set of powers The constitution assigns certain powers to the national government and certain powers to the state governments 10th Amendment – ‘…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.”

Federalism Federalism provides a dual system of government – it provides for 2 basic levels of government, each with its own area of authority Each operates over the same people and the same territory at the same time Federalism’s major strength is that it allows local action in matters of local concern, and national action in matters of wider concern The national government is a government of delegated powers, meaning it only has those powers granted to it by the constitution Expressed – spelled out in the constitution (also called enumerated powers) Implied – not expressly stated in the constitution, but suggested – “necessary and proper” – Article I, Section 8, Clause 18 Inherent – powers that nationally governments have historically possessed

Expressed, implied, & inherent powers Expressed Powers Power to collect taxes Coin money Regulate foreign & interstate commerce Declare war Raise & maintain an armed forces Grant patents and copyrights Implied Powers – thousands of examples Building of dams Building the interstate highway system Federal Crimes Prohibited racial discrimination

Express, Implied & Inherent powers Regulate immigration Deport undocumented aliens Acquire territory Protect the nation from attempts to overthrow the government

Exclusive & Concurrent Powers Concurrent powers – state and National government can exercise Levy and collect taxes Define crimes and set punishments Condemn private property for public use Most of the powers that the constitution delegates to national government are exclusive powers (can only be exercised by the national government and not by the states under any circumstances) Coin money Make treaties with foreign states Lay taxes on imports Regulate interstate commerce