Read Article 1, sect. 8 of the Constitution and note the clause(s) granting Congress each of the following powers raise and maintain armed forces Clauses 12 – 16 decide how citizens of other countries can become U.S citizens Clause 4 mint money Clause 5 set up a court system Clause 9 borrow money Clause 2 declare war Clause 11 set up a mail system Clause 7 impose taxes Clause 1 make laws as needed to carry out expresses powers Clause 18 regulate foreign and interstate trade Clause 3

Federalism: Powers Divided

Federalism: a system of gov’t in which a written constitution divides the powers of gov’t on a territorial basis, between a central gov’t and several regional gov’ts Why did the framers choose this forms?

Duel System of gov’t 2 basic levels of government – each with their own fields of authority and each operating: over the same people and the same territory at the same time

Federalism’s major strength lies in this certain fact: It allows _________ action in matters of __________ concern and _________ actions in matters of larger concern Local traditions, needs, and desires vary from one State to another, and federalism allows for differing circumstances among States NJ & Oregon – no self service gas stations Only one state (ND) does not require you to register to vote Oregon allows for physician assisted suicide State sales taxes (except Alaska, Delaware, NH, Montana, and Oregon)

Experimental and innovative solutions! “laboratories of gov’t” Ex: welfare and State discretion in determining eligibility for aid National Guard and Natural Disasters – State and National control Recent ex: Massachusetts, 2006 – the original “Obamacare”

Powers of the Federal Gov’t Delegated powers – National gov’t only has powers delegated (granted) to it by the _______________ 3 types of delegated powers Expressed powers – powers delegated to the National Gov’t in the ___________ also called “__________ powers” Implied powers – not expressly stated in the Constitution but reasonably _________ Inherent powers – those powers that belong to the National gov’t b/c it is the national gov’t of a _________ state

Power Denied to the Federal Gov’t It gives and it denies power to the National Gov’t 3 ways Expressly Silence Because of the federal system itself (ex. National gov’t can’t tax States)

The States Reserved powers – located in ______ Amendment Powers that the Constitution does not grant to the _________ gov’t and does not deny the _________ gov’t Ex: Can forbid the marriage of anyone under 18 w/o parent consent Outlaw prostitution Establish public schools Scope of reserved powers is HUGE!!!

Powers denied to the States Expressly denied – Check out Article I, section 10 and the 13 th, 14 th, 15 th, 19 th, 24 th, and 26 th amendments Some denied to the State inherently because of the _________ system Ex: no State can tax the National Gov’t

Exclusive and the Concurrent Powers Most powers that the Constitution delegates to the National Gov’t are exclusive powers They can exercised only by the ________ gov’t they CANNOT be exercised by the _________ under any circumstances Some are expressly denied to the States (ex. Coin money, tax imports) Some by nature (ex. Regulate interstate commerce)

Exclusive and the Concurrent Powers cont. Some of the powers delegated to the National gov’t are concurrent powers Powers that both the National gov’t and the State gov’t Ex: tax, define crimes and set punishments for them Held and exercised separately and simultaneously by the two levels of gov’t

Venn diagram

Supreme Law of the Land Federalism is bound to lead to ________________!!! Think about it! Founders knew! Article VI sect. 2 The Constitution and the laws and treaties of the United States are “the supreme law of the Land” The “linchpin of the Constitution” – joins national gov’t and State gov’t together and forms a __________ gov’t!