Amendments to Know  Bill of Rights  1 st – Freedom of Religion, Speech, Press, Assembly, and Petition  2 nd – Bearing Arms  3 rd. Quartering of Troops  4 th – Searches and Seizures  5 th – Criminal Proceedings: Due Process, Eminent Domain  6 th – Criminal Proceedings: Jury  7 th – Civil Trials  8 th – Punishment for Crimes  9 th – Unenumerated Rights  10 th – Powers Reserved to the States

Federalism DIVISION OF POWERS

Today’s Objectives  After this lesson, students will be able to…  Define each type of power  Understand what powers reside with the federal government and state government by completing a Venn Diagram

Federalism in the Constitution  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.

Federalism in the Constitution  The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

Federalism in the Constitution  The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

Types of Powers  Delegated  Expressed  Implied  Inherent  Reserved  Concurrent  Exclusive

Definition of Powers  Delegated – different powers given to the three branches of government in the Constitution  Expressed – those powers of Congress specifically listed in the Constitution  Implied – powers exercised by Congress which are not explicitly given by the Constitution but necessary and proper to execute the powers that are  Inherent – powers held by a sovereign state  Reserved – a political power reserved by a constitution to the exclusive jurisdiction of a specified political authority  Concurrent – powers in nations with a federal system of government that are shared by both the state and the national government  Exclusive – powers that can only be executed by a specific branch of government

Federalism Survey  Complete the survey on your own  Think about whether you think the power should belong to the national government or the state government  Be prepared to explain why

Place the Powers on your Chart  Collect Taxes  Regulate Marriages  Regulate Interstate Commerce  Coin Money  Charter Local Governments  Lend and Borrow Money  Registration and Voting  Raise an Army  Enforce Criminal Codes  Regulate Professional Standards  Declare War  Administer Drivers’ Licenses  Establish Courts  Prohibit Racial Discrimination

The Division of Federal and State Powers Charter Local Governments Nat’l Gov’t PowersState Gov’t Powers Powers Denied to Nat’l Gov’t b/c of Fed. system Concurrent Powers Expressed Inherent Implied LEG EXEC JUD Establish min. age for marriage Reg. Alcoholic beverage s Grant pardons Build interstate highways, Prohibit racial discrim. Establish rules for deportation Coin money Collect taxes Set punishments for crimes Establish courts Tax normal state operations Deny right to a jury trial Express Reserved Regulate Interstate Commerce Raise an Army Declare War Enforce Criminal Codes Charter Local Governments Registration and voting Regulate Professional Standards Administer Drivers’ Licenses Deny freedom of press Powers DENIED to Nat'l Govt expressly Power to levy duties on exports

State Powers (Reserved) Shared Powers (Concurrent) Federal Powers (Expressed or Enumerated, Implied) These come from the 10 th Amendment Article I, Section 8 in the Constitution Regulate Marriage Enforce Criminal Codes Charter Local Governments Registration and Voting Drivers’ Licenses Regulate Professional Standards Collecting Taxes Lend and Borrow Money Establish Courts Regulate Interstate Commerce Coin Money Raise an Army Declare war =expressed Building dams = “Necessary and Proper”, or implied