The Division of Power Federal and State Governments

Reasons for Federalism… * Why would the Framers of the Constitution choose a FEDERAL SYSTEM? (think about English Parliament and the Articles of Confederation) 1.) The ARTICLES OF CONFEDERATION were TOO WEAK to deal with growing problems in the country! 2.) English Parliament was TOO POWERFUL in it’s exercise of power over the colonists! * Federalism was the easy medium!

Advantages of Federalism? * …accommodate for diversity! (Texas and hand-gun laws, Vermont and same-sex marriage) * …strengthens liberty and prevents tyranny! (separation of powers at different levels of government) * …encourages laboratories of democracy! (states have authority to craft their own policies while national government has the ability to implement successful policies)

Federalism allows for state and local traditions to be followed!

Disadvantages of Federalism? * Fiscal disparities among the states… (CT – $49,852 and MS – $26,535; affects government spending in those states) * Lack of accountability… (welfare reform in 1996 devolved some power back to the states) * Reliance on the court system… (Same sex marriage? Medicinal marijuana? Abortion?) * Prevents the creation of a national policy… (the U.S. does not have a single policy on many issues; often leads to confusion)

* THREE TYPES of delegated powers (Expressed, Implied, Inherent) * …powers that are given to the U.S. FEDERAL GOVERNMENT Delegated Powers

EXPRESSED Powers * EXPRESSED – actually spelled out in the U.S. Constitution (ENUMERATED) 1.) Article I, Sec. 8: Powers to Congress (18 clauses, 27 total powers) 2.) Article II, Sec. 2: Powers to President 3.) Various amendments (16 th ) * Where can you find EXPRESSED Powers in the U.S. Constitution?

Congress’ Expressed Power The Need to Enforce an Expressed Power Necessary and Proper Clause IMPLIED POWER * Examples? * “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.” IMPLIED Powers * IMPLIED – not specifically stated, but IMPLIED through CONGRESS’ EXPRESSED POWERS (Article I, Sec. 8: the “Necessary and Proper” clause)

* Examples? INHERENT Powers * INHERENT – powers that are NATURALLY GIVEN to sovereign nations (BECAUSE it is a government, it has THIS or THAT power) * “BECAUSE I am a teacher, I have the power to do THIS or THAT”

How Are Powers DENIED to the Federal Govt? 2.) Denied through SILENCE * TENTH AMENDMENT – Federal Govt can only do what the U.S. Constitution say it can do! 1.) Denied through EXPRESSION * Lawmakers cannot pass “Bills of Attainders” * No “Ex Post Facto Laws” * Various Amendments * Habeas Corpus may not be suspended * “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are RESERVED to the States…” – RESERVED POWERS (state)

RESERVED Powers * All but ONE of the states’ powers come from constitutional silence, OR the Tenth Amendment… 1.) Only EXPRESSED STATE POWER: regulation of manufacture, sale and consumption of alcohol! (Twenty-First Amendment) * What are EXAMPLES of States’ RESERVED powers?

Role of the Judicial Branch * Remember the SUPREMACY CLAUSE (Article 6) * “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, anything in the constitution or laws of any state to the contrary notwithstanding.” * The COURT SYSTEM serves as a REFEREE between the 50 states and the Federal government!

U.S. Constitution U.S. Treaties, Federal Laws State Constitutions, State Laws City/County Charters, City Ordinances SUPREMACY CLAUSE in action…