Federalism Powers Divided

How to preserve the states yet make a national government strong enough to do the job? 1. Government power inevitably threatens individual freedom 2.exercise of governmental power needs to be restrained 3, to divide power is to prevent its abuse

Federalism is a system of government in which a written constitution divides the power of government on a territorial basis between the central government and several regional governments usually called states

Division of powers Dual system of government Each has its own authority each operating over the same people and the same territory at the same time

Federalism allows local action in matters of local concern and National action on matters of wider concern

States Serve as experimentation and innovation Training ground for what might be at the national level “laboratories of government”

Powers of the Federal Government Delegated powers- granted by the Constitution 1. Expressed-spelled out by constitution also called enumerated powers Article I section 8 lists powers of legislature Article II Section 2 gives powers to the president Article III gives judicial powers Amendments

Implied powers Not expressed but suggested Article I section 18 is the “Necessary and Proper Clause” Convenient and useful- Examples-Federal crimes across borders, discrimination, highways, dams

Inherent powers Powers that belong to the national government because it is the National Government of a sovereign state in the world community, powers over time Ex, immigration, acquire territory, grant diplomatic recognition

Powers denied the Federal Government Expressly - such as levying duties on exports violating basic freedoms in bill of rights (speech press etc) Silent – those not given to it –schools, marriage laws etc

Powers denied Those that would allow it to destroy- Taxing of state and local to destroy

The states Powers reserved 10 th amendment Nearly all are reserved for the state- licensing schools land use, regulate utilities Police power- protect and promote the public health, the public morals, public safety and the general welfare

State expressed power 21 st amendment that allows states to regulate alcohol

State powers denied No treaty alliance or confederation Print money or deprive of life, liberty, or property without due process Tax any agencies of the federal government

Exclusive and concurrent powers Exclusive powers are held by National government only Concurrent powers are held by both and exercised by both separately 1. Taxing, define crimes, punish, condemn and take property

Supreme law of the land Supremacy clause- constitution is the supreme law of the land Civil war challenge

Supreme court Rules over any conflict of power McCulloch vs Maryland taxing of national bank by state ruled unconstitutional Fletcher vs Peck ruled unconstitutional the state of Georgia’s repeal of a law governing contracts for sale