Ch 4

 Most Framers were quite opposed to a strong central government following the revolution.  However, most also acknowledged that the Articles of Confederation were much too weak to function.  Their dedication to limited government meant: 1) Government power poses a threat to individual liberty, 2) Therefore the exercise of government power must be restrained and, 3) That to divide governmental powers, curbs and prevents abuses.

 Federalism: is a system of government in which a written constitution divides powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces.  In Federalism each state or province is given its own substantial set of powers, so that neither level acting along can significantly change the power dynamics.

 What do you think? -local concerns leads to local action -allows for regional differences -national issues are cared for through central government

 We have already discussed the following: -Expressed Powers -Implied Powers  Now we must discuss Denied Powers -There are a number of things that our central government are not allowed to do. Some are expressed specifically (ex. Levy duties on exports) -Many more are denied simply due to the silence of the constitution (remember congress only has expressed and implied powers in Article 1 Section 8) (The Public School System)

 States are Governments of Reserved Powers - A certain amendment declares that any powers not expressed to the Central government are reserved to them. - The scope of what they can do is nearly endless The key to reserved powers: 1) Central Government is denied action on things not listed in Article 1 section 8 2) State Governments are not denied action on things not listed in Article 1 section 8

 The are two important words to know when we look at this division of power: -Exclusive power: powers only given to the central government. States have no authority to act (posted in the constitution). -Concurrent power: powers that both the National Government and the states posses and exercises. To help remember the differences think layer cake vs marble cake!

 Dual Federalism: exclusive powers and clear defined boundaries between the authority of Local, State and Central Governments  Cooperative Federalism: intermixed powers and boundaries between the authority of Local, State, and Central Governments What system do you think we most represent?

 Technically Federalism only recognizes only two levels of government: Central (National) and State.  Local Governments are a subcomponent of the State level.  Local Governments existence and derived powers come from State Governments that allow them.  States are Unitary forms of government! They allow local governments to exist out of their own convenience!

 With Concurrent Powers occurring on a regular basis this system could get messy.  So with that in mind, the framers included the Supremacy Clause: “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, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding”  To sum this up there is a hierarchy within our laws. This is how we determine what should be “most important” in determining the rules we follow.

1. U.S. Constitution 2. Acts of Congress and Treaties 3. State Constitutions 4. State Statutes (Acts of State Legislatures) 5. City and County Charters 6. City and County Statutes

 Even though we have this hierarchy, it doesn’t mean that Federalism doesn’t get messy.  One of the tasks of the U.S. Supreme Court is to weigh in on matters or disputes over Federalism.