FEDERALISM: DIVIDING THE POWER Chapter 4 Section 1

Why Federalism  The Framers wanted to have balance between the states and the newly formed Federal government. Federal Government State Government

National Powers  Expressed Powers  Implied Powers  Inherited Powers

Expressed Power  Expressed Power= is a power that is written into the United States Constitution.  Legislative power-Article I Article I Section 8 defines the powers of Congress  Executive power-Article II  Judicial power-Article III Declare war and raise a standing army Collect or levy taxes

Congress has the power to borrow or coin money. The $100,000 bill was produced in 1934 and were used for official government transactions between Federal Reserve Banks and the Treasurer of the United States.

Implied Powers  Implied Power= is a power that is not stated in the Constitution however, is suggested though context.  The Necessary and Proper Clause serves as the origin of the national government’s implied powers. Creating a Minimum Wage Regulating Food production

Inherited Powers  Inherited Power= is a power that is given to the president (historically) to communicate with others countries.

State Powers  Reserved powers= powers that under the 10 th amendment are given to the states. Public Education and School Systems Public Safety and Enforce Laws Voting Laws and conducting Elections

Shared Powers  These are powers which are shared and carried out by both the federal government and state governments.  Both governments have authority over matters. Establishing Courts Making and Enforcing Laws Collecting Taxes

Limits on powers  National Government can not  Violate citizens’ individual rights and freedoms (Bill of Rights)  Spend money unless authorized by Congress  Favor one state over another =

Limits on powers  State Governments can not  Coin money  Tax imports/exports from other states  Have their own armies  Make war/alliances with other nations

Limits on Both State and Federal Governments  Neither may:  Pass Ex Post Facto Laws – Laws which criminalize an action committed during a time when it was legal (no retroactive laws)  Suspend the Writ of Habeas Corpus – Holding a person in jail indefinitely without bringing them to face charges or a judge  Pass Bills of Attainder – Laws which declare citizens guilty of a crime without a trial

Relations between the States  The Full Faith and Credit Clause addresses the relationships between states.  Public acts, official records, and judicial proceedings in one state must be accepted, honored and recognized in all other states.

Local Governments  The States have the power to create local government in cities and counties

Native American Sovereignty  Native American tribes hold tribal sovereignty.  This means the federal and state governments have limited ability to control affairs on Indian lands.  Because of this, some Native American reservations allow gambling, build casinos, etc.