Chapter 4 Federalism

Federalism: Powers Divided Section 1 Federalism: Powers Divided

Federalism Federalism = Governmental power is divided. Constitution provides for a division of powers between the National Government and the 50 states. Dual system of government (examples): Federal - Regulate interstate commerce (trade between States) State – Decide who can be put to death Federalism allows for individual state power but provides for the strength of the union.

Powers of the Federal Government National Government is a government of delegated powers. Powers delegated (granted) to it in the Constitution. Three types of delegated powers: Expressed Implied Inherent

The Expressed Powers Expressed Powers are powers given to the National Gov’t that are expressly stated in the Constitution. Aka...Enumerated Powers. (Specificed, listed, identified) Article I, Section 8 of Constitution lists 27 expressed powers of Congress. There are other Expressed Powers throughout the Constitution... Most important powers include: The power to tax, to borrow money, to regulate commerce and currency, to declare war, and to raise armies and maintain the navy.

The Implied Powers Necassary and Proper Clause (aka Elastic Clause) Implied Powers are not expressly stated in the Constitution. Implied powers are suggested – implied- by the expressed powers. Necassary and Proper Clause (aka Elastic Clause) Article I, Section 8  give Congress the “necessary and proper power”. Gives Congress all the powers it needs to carry out its enumerated powers. Examples? Power to draft into the armed forces is implied by the powers to raise and army and a navy. Air Force, CIA, National Bank, Paper money, Space program, Pollution… http://www.youtube.com/watch?v=EsudHmV-B_Y

Examples of Implied Powers derived from Expressed Powers.

Inherent Powers Inherent Powers  Powers held by a sovereign state. Powers said to be inherent to the idea of government These powers exist simply b/c the United States exists. Include power to: control national borders, acquire new territories, defend the state from revolution.

Powers Given to the States Reserved Powers Powers that the Constitution does not grant to the National Government and does not deny to the states (10th Amendment). States have all powers that are not given to the National Government by the Constitution.

Exclusive and Concurrent Powers Exclusive Powers Powers that are only exercised by the National Government. States cannot do. Ex: Coin Money, Make Treaties, Tax Imports Concurrent Powers Powers that both the National and State Governments possess. Levy and collect taxes, Definition of Crimes and Punishment for them, Take Private Property for Public Use

Supreme Law of the Land The Supremacy Clause The American dual system of government means that there will inevitably be conflict between the Federal and State Governments. The Supremacy Clause The Constitution ranks above all other forms of law in the United States. The Supreme Court and Federalism “Umpire in the Federal system.” Applies the Constitution’s Supremacy clause to the conflicts that arise.

Division of Federal and State Powers National AND State Governments (FEDERALISM) National Government State Governments (Expressed, Implied, or Inherent Powers) (Reserved Powers) National AND State Governments Regulate intrastate commerce Establish local government systems Administer elections Protect the public's health, welfare, and morals Set marriage laws Issue licenses Establish public schools Powers the Constitution does not grant tot he National Government nor deny to the states Regulate foreign and interstate commerce Coin money Provide an Army and Navy Declare War Establish Federal Courts below the Supreme Court Conduct foreign relations Acquire Territory Protect against rebellion Exercise powers implied from the expressed powers (Concurrent Powers) Levy taxes Borrow money Spend for the general welfare Establish courts Enact and enforce laws Claim private property for public use