CHAPTER 4-1 FEDERALISM: THE DIVISION OF POWER

 Men must register for selective service at 18  Most employers must pay minimum wage  No person can be denied a job based on race or ethnicity

 You must have a driver’s license in order to drive.  It is illegal for anyone under 21 to buy alcohol or for anyone under 18 to buy tobacco  Only persons that satisfy certain requirements can buy and possess firearms.

 How could the Framers possibly create a new central government that would be strong enough to meet the nation’s needs and, at the same time, preserve the existing strength of the states?  Few Framers favored the British model of government

 The Framers were dedicated to limited government.  Framers were convinced that:  (1)Government power poses a threat to individual liberty  (2)the exercise of governmental power must be restrained  (3)to divide governmental power is to curb it and prevent its abuse

 FEDERALISM is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments usually called states or provinces.  Each level has its own set of powers.  Neither level acting alone can change the basic structure of power.

 Each level operates through its own agencies and acts directly through its own officials and laws  The Constitution provides for a DIVISION OF POWERS between the National Government and the States  The Xth Amendment spells out the division of power.

 1/3 of states operate liquor stores as a public monopoly while the rest are privately owned.  In NJ & OR, it is illegal to pump your own gas  ND doesn’t require voter registration  Only NE has a unicameral legislature  OR has legalized assisted suicide  AK, DE, NH, MT, OR don’t impose a general sales tax

 The National Government is a government of DELEGATED POWERS.  It only has powers delegated to it by the Constitution  THE EXPRESSED POWERS  These powers are specifically stated in the Constitution

 Most expressed powers for Congress are in Article I, Section 8.  18 clauses give 27 powers to Congress  Collect taxes, coin money, regulate foreign and interstate commerce, raise and maintain armed forces, fix weights and measures, etc.  Expressed powers for the President are in Article II Section 2.  Commander-in-chief, reprieves and pardons, treaties, appoint major federal officials

SSeveral powers are found in the amendments XXVIth Amendment-Collect income taxes IIMPLIED POWERS PPowers not expressly stated in the Constitution CConstitutional basis for these powers is in Article I, Section 8, Clause 18—Gives Congress the “necessary and proper power.” TThis clause is referred to as the Elastic Clause

CCongress regulates labor-management relations BBuilding of hydro-electric dams BBuilding of 42,000 miles of interstate roads MMade acts federal crimes-moving stolen goods, gambling devices, and kidnapped persons across state lines. PProhibited racial discrimination in public places

 These powers belong to the National Government because over time all national government possess these powers  Few but important—regulate immigration, deport aliens, acquire territory, grant diplomatic recognition, protect the nation against rebellion or other attempts to overthrow the government by force or other means

 Constitution denies powers in three distinct ways  (1) EXPRESSLY—levy duties on exports; take private property for public use without just compensation, prohibit freedom of speech, etc.  (2) SILENCE OF CONSTITUTION—create a public school system, enact uniform marriage and divorce laws, set up local units of government

 (3) POWERS ARE DENIED BY THE FEDERAL SYSTEM—take no action that would threaten the existence of the government, tax states  Congress could, in theory, tax the states out of existance.

 POWERS RESERVED FOR THE STATES  RESERVED POWERS are those powers that the Constitution does not grant to the National Government and does not deny to the States  Examples—people under 18 cannot marry in some states without parental consent, no alcohol under 21, ban pornography, prostitution, ban some gambling while permitting specific forms of gambling

 Most of what government does today is done by STATES, not the national government.  Reserved powers include the vitally important police power—protect and promote public health, public morals, and public safety, and the general welfare

 (1) EXPRESSLY--No state can enter into a treaty, coin money, deprive a person of life, liberty, or property without due process  (2) INHERENT—states can’t tax federal agencies

EEXCLUSIVE POWERS—Powers reserved only for the national government. EExample—make treaties, coin money CCONCURRENT POWERS—Powers shared by the National and State governments EExample—collect taxes, define crimes, set punishment, take private property for public use ((chart p. 93)

 Two levels of government: National & State  Over 87,000 units of local government in the USA (cities, counties, townships, etc.)  All units of local government are subunits of the State governments  Each state has unitary form of government- local governments are created for its own convenience

 THE SUPREMECY CLAUSE  Article VI, Section 2  (chart p. 94)  Joins the National Government and the States into a single government unit.

 The Supreme Court is the umpire in the federal system.  One of its chief duties is to apply the Supremacy Clause when settling disputes  McCulloch v. Maryland (1819)  MD tried to tax a bank chartered by the National Government. Bank refused. Cashier was convicted. Supreme Court reversed the decision based on the Supremacy Clause