123 Go To Section: © 2001 by Prentice Hall, Inc. Magruder’s American Government C H A P T E R 4 Federalism

123 Go To Section: The Framers were dedicated to the concept of limited government. They were convinced Why Federalism? ● Government power poses a threat to individual liberty ● Therefore the exercise of governmental power must be restrained, and ● To divide governmental power, as federalism does, is to curb it and so prevent its abuse. Chapter 4, Section 1 23

123 Go To Section: Federalism Defined Federalism is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces. Chapter 4, Section 1 23 The Constitution provides for a division of powers, assigning certain powers to the National Government and certain powers to the States.

123 Go To Section: Powers of the National Government Chapter 4, Section 1 23 Expressed powers – those written directly in the Constitution – Article I Section 8 Implied powers – not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers – Article I Section 8 Clause 18 Inherent powers – those that exist simply because the government is a sovereign entity (foreign powers)

123 Go To Section: Powers Denied to the National Government ● Powers are denied to the National Government in three distinct ways: Chapter 4, Section 1 23 ● Specifically forbidden in the Constitution ● Silence of the Constitution – reserved powers to states ● Court decisions that have declared the federal government can’t do certain things

123 Go To Section: The States Powers Reserved to the States Reserved powers are those not mentioned in the Constitution = state powers – 10 th Amendment Chapter 4, Section 1 23 Concurrent Powers ● Concurrent powers - both National Government and the States possess and exercise ● Tax ● Make & enforce law ● Eminent Domain – take land for public use

123 Go To Section: Chapter 4, Section 3 21 Full Faith and Credit ● The Full Faith and Credit Clause of the Constitution ensures that States recognize the laws and, documents, and court proceedings of the other States. ● Drivers license ● Marriage licenses ● Child custody and support cases

123 Go To Section: Privileges and Immunities ● No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States. Chapter 4, Section 3 21

123 Go To Section: Extradition ● A criminal is sent back to the state where a crime was committed Chapter 4, Section 3 21