The Division of Power Federal & State Governments

ARTICLES OF CONFEDERATION TOO WEAK 2.) The ARTICLES OF CONFEDERATION were TOO WEAK to deal with growing problems in the country! ENGLISH PARLIAMENT TOO POWERFUL 1.) ENGLISH PARLIAMENT was TOO POWERFUL in it’s exercise of power over the colonists! A FEDERAL SYSTEM WAS THE EASY MEDIUM! REASONS FOR A FEDERAL SYSTEM CRITICAL THINKING FRAMERS OF THE CONSTITUTION FEDERAL SYSTEM “Why would the FRAMERS OF THE CONSTITUTION choose a FEDERAL SYSTEM?” (think about English Parliament and the Articles of Confederation)

ADVANTAGES OF FEDERALISM? ACCOMMODATE FOR DIVERSITY 1.) … ACCOMMODATE FOR DIVERSITY – among the STATES! (Texas & hand-gun laws, Oregon & marijuana) STRENGTHENS LIBERTY PREVENTS TYRANNY SEPARATION OF POWERSCHECKS & BALANCES 2.) … STRENGTHENS LIBERTY & PREVENTS TYRANNY (SEPARATION OF POWERS, CHECKS & BALANCES at different levels of govt) LABORATORIES OF DEMOCRACY HOW 3.) …encourages LABORATORIES OF DEMOCRACY (states have authority to craft their own policies while national government has the ability to implement successful policies) HOW? EXAMPLES THINK of relevant and real-life EXAMPLES…

ALLOWS FOR LOCAL TRADITIONS TO BE FOLLOWED 4.) … ALLOWS FOR LOCAL TRADITIONS TO BE FOLLOWED – among the STATES! (NJ & gas, ND & voter registration, NE & their state legislature)

DISADVANTAGES OF FEDERALISM? FISCAL DISPARITIES 1.) … FISCAL DISPARITIES among the states (CT – $49,852 and MS – $26,535; affects government SPENDING IN THOSE STATES) LACK OF ACCOUNTABILITY 2.) … LACK OF ACCOUNTABILITY (speed limits; welfare reform in 1996 devolved some power back to the states) RELIANCE ON THE COURT SYSTEM 3.) … RELIANCE ON THE COURT SYSTEM (Same-sex marriage? Medicinal marijuana? Abortion?) PREVENTS THE CREATION OF A NATIONAL POLICY SOLIDARITY 4.) … PREVENTS THE CREATION OF A NATIONAL POLICY (the U.S. does not have a single policy on many issues; often leads to confusion) – OR, rather, SOLIDARITY throughout the U.S.

‘DIVISION OF POWER’ IN U.S. FEDERALISM DELEGATED POWERS DELEGATED POWERS (through the U.S. Constitution) EXPRESSED EXPRESSED – ‘Enumerated’ IMPLIED IMPLIED – “Necessary & Proper” Inherent RESERVED POWERS “RESERVED POWERS” (10 th amendment; all but ONE – 21 st Amendment) POWERS DENIED POWERS DENIED… (States & Feds) EXPRESSION & SILENCE

“…powers that are given to the U.S. Federal Government in the U.S. Constitution in some way, shape or form” #1: DELEGATED POWERS #1: DELEGATED POWERS DELEGATED POWERS There are THREE types of DELEGATED POWERS: EXPRESSEDENUMERATED EXPRESSED/ENUMERATED IMPLIED INHERENT * INHERENT – could be EXPRESSED or IMPLIED

ARTICLE I, SEC. 8 1.) ARTICLE I, SEC. 8: Powers to Congress (18 clauses, 27 total powers) ARTICLE II, SEC. 2 2.) ARTICLE II, SEC. 2: Powers to President VARIOUS AMENDMENTS 3.) VARIOUS AMENDMENTS EXPRESSED “Where can you find EXPRESSED Powers in the U.S. Constitution?” “…powers that are actually spelled out in the U.S. Constitution” EXPRESSED POWERS EXPRESSED POWERS

Expressed Power of Congress The need to enforce an Expressed Power… NECESSARY & PROPER CLAUSE IMPLIED POWER Federal Reserve Drugs National Bank USAF FCC NCLB Military Draft Social Security ObamaCare Federal Reserve? Drugs? National Bank? USAF? FCC? NCLB? Military Draft? Social Security? ObamaCare? NECESSARY & PROPER CLAUSE “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.” “…powers that are not specifically stated, but IMPLIED through CONGRESS’ EXPRESSED powers” (Article I, Section 8) IMPLIED POWERS IMPLIED POWERS EXAMPLES?

INHERENT POWERS INHERENT POWERS EXAMPLES * “BECAUSE it is a government, it has THIS or THAT power” – EXAMPLES? * “BECAUSE I am a teacher, I have the power to do THIS or THAT” “…powers that are NATURALLY GIVEN to sovereign governments because it is a sovereign government” ‘Basic Powers’ of the government Border/immigration control National defense? Taxation ‘Basic Powers’ of the government? Border/immigration control? National defense? Taxation? EXAMPLES?

#2: RESERVED POWERS CONSTITUTIONAL SILENCE * All but ONE of the states’ powers come from CONSTITUTIONAL SILENCE (Tenth Amendment) : EXPRESSED STATE POWER Only EXPRESSED STATE POWER: regulation, manufacture, sale & consumption of alcohol! (Twenty-First Amendment) “…to reserve is to save, in this case all powers not specifically given to the Federal Government are reserved for the State Governments” RESERVED TENTH AMENDMENT “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are RESERVED to the States…” – TENTH AMENDMENT

SILENCE 2.) Denied through SILENCE TENTH AMENDMENT * TENTH AMENDMENT – Federal Govt can only do what the U.S. Constitution say it can do! EXPRESSION 1.) Denied through EXPRESSION #3: DENIED POWERS #3: DENIED POWERS “…powers that are specifically NOT allowed to either the federal or state governments.” BILLS OF ATTAINDERS Lawmakers cannot pass “BILLS OF ATTAINDERS” EX POST FACTO LAWS No “EX POST FACTO LAWS” HABEAS CORPUS HABEAS CORPUS may not be suspended, unless… Various Amendments …to the States, as well

ROLE OF THE JUDICIAL BRANCH SUPREMACY CLAUSE 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.” COURT SYSTEMREFEREE The COURT SYSTEM serves as a REFEREE between the 50 states and the Federal government! FEDERAL PREEMPTION “FEDERAL PREEMPTION”

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

‘DIVISION OF POWER’ IN U.S. FEDERALISM DELEGATED POWERS DELEGATED DELEGATED POWERS (…exclusively DELEGATED by U.S. Constitution) CONCURRENTPOWERS CONCURRENT POWERS (shared by FEDS & STATES) RESERVED POWERS 10 th AMENDMENT “RESERVED POWERS” (through silence – 10 th AMENDMENT) * * FOR EACH DELEGATED POWER YOU PLACE ON THE LEFT-HAND SIDE – CITE THE CONSTITUTION * *