federalism

What is Federalism? POWER POWER

National Jurisdiction State Jurisdiction National Jurisdiction

Federalism relates to me… Fulton County Schools Banneker High School Ms. Morgan’s Classroom Parent Child

Powers of the Government 5 Types of Powers Expressed – Enumerated – Delegated Implied Reserved Concurrent Prohibited Belongs to the National Government Belongs to the States’ Governments – 10th Amendment Belongs to the National AND States’ Governments

expressed Powers Also called Enumerated (listed) or Delegated (assigned) powers Powers given to the National Government Article 1, Section 8, Clauses 1-17 – PG 779 Examples: Tax Borrow $$ Regulate Interstate Commerce (trade between States) Coin Money Post Office Declare War Raise and Support an army

Implied powers Powers not mentioned in the Constitution, but are assumed, or implied, by the powers that are given. Article 1, Section 8, Clause 18 Necessary and Proper Clause or Elastic Clause: “The Congress shall have 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 in the Government of the United States, or in any Department or Officer thereof.”

RESERVED POWERS Powers given to the States’ 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. Examples: Education Intrastate trade – regulate business trade within the state Elections – Voting Requirements National Government will step in to prevent discrimination License Driving Laws Marriage Laws

Concurrent powers Powers held by both the national and state governments Examples Power to tax Make roads Borrow money Define crimes Establish courts

What happens if a state law conflicts with a national law? Supremacy Clause (Article 6, Section 2) “This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.”

According to the Supremacy Clause, what will happen?

Prohibited powers Powers that are denied to the National AND States Governments Examples: EX POST FACTO LAWS CANNOT TAX EXPORTS