FEDERALISM Beginning of Unit 2

Term:Defintion:Illustration: Delegated Powers Powers given to one agency, but given to another w/ permission Expressed Powers Located in Constitution and specifically states what the federal gov’t can do: -coin money -borrow money -declare war -set up post offices Concurrent powers -powers shared by state and federal gov’t (taxation) Reserved powers -powers not written down that are left for the states Supremacy Clause -part of Constitution that states federal statutes, treaties, and the Constitution is the supreme law of the land

The Roots of Federalism The Framers worked to create a political system that was halfway between the failed confederation of the Articles of Confederation and the tyrannical unitary system of Great Britain 3 Major arguments for federalism are: – Prevention of tyranny by all powerful government – Ability for citizens to participate in many ways and at many levels – Use of the states as testing grounds for new policies or procedures that work for their populations

FEDERALISM DEFINED Federalism is a political system in which power is divided and shared between the national/central government and the states (regional units) in order to limit the power of one government. Now there are many governments.

The Powers of the Government in the Federal System The distribution of powers: – Exclusive powers (only for the federal OR state) – Shared powers (concurrent powers) – Denied Powers (located in Article I, Section 9 of US Constitution) – Enumerate federal powers (Article I, Section 8) – Implied Powers/Necessary & Proper Clause (“elastic clause”  Article I, Section 8, Clause 18) – 10 th Amendment- “those powers not given to the federal government, nor denied to the states, are reserved for the states”

DENIED POWERS Article I, Section 9 denies certain powers to the federal government – i.e. cannot suspend writ of habeas corpus or pass bills of attainder Article I, section 10 denies certain powers to states – i.e. cannot declare war or interstate commerce

Relations Among the States The Framers wanted a single country, not thirteen squabbling semi-countries (remember, the Articles of Confederation DID NOT WORK!) Article IV requires states to – Give “full faith and credit” to each others’ laws and legal proceedings i.e. recognizing driver’s licenses, custody rulings, marriages, etc.) – Extradite (return) those accused of crimes in other states – Guarantee privileges and immunities to all citizens in all states (i.e. someone from New York can travel freely to New Jersey or Pennsylvania; someone in VA can own property in North Carolina or Kentucky; someone from VA can go to Delaware and purchase tax-exempt products

2 C’s: Write something cool and something confusing from this lecture: Cool: Confusing: