1. The Constitution Federalism: Powers Divided

2. Powers Divided Objectives: * Define federalism and explain why the Framers adopted a federal system instead of a unitary system. * Categorize powers delegated to and denied to the National Government, and powers reserved for and denied to the States, and the difference between exclusive and concurrent powers. * Summarize the obligations that the Constitution, as “the supreme Law of the Land,” places on the National Government with regard to the States.

3. Powers Divided The Founders Choose Federalism We know that you must have a driver’s license in order to drive a vehicle, it is illegal for anyone under the age of 21 to buy alcoholic beverages, and only persons who can satisfy certain requirements can buy or own a firearm. These three examples show the division between National Government and State Governments. When the Framers of the Constitution met, they faced a number of difficult questions. – How could they possibly create a new central government that would be strong enough to meet the needs of the day and would preserve the already existing States?

4. Powers Divided – Few of the Framers favored a strong Central Government. – They also knew that the government created under the Articles of Confederation made the Central Government very weak and useless. – There were three ideas that needed to be addressed… government power inevitably poses a threat to individual liberty the exercise of government power must be restrained to divide governmental power, as Federalism does, is to prevent its abuse.

5. Powers Divided What is Federalism? Federalism is a system of government in which a written constitution divides the powers of government on a territorial basis, between a central government and several regional governments. Each of those governments have their own set of powers. The Constitution provides for a division of power between the National Government and the 50 States.

6. Powers Divided This division of power is spelled out in the 10 th Amendment and is also implied in the Constitution. Federalism produces a dual system of government. Each level has its own field of authority and each operating over the same people and the same territory at the same time. Each of the levels can make certain decisions and do certain things that the other level cannot do.

7. Powers Divided The major strength of Federalism lies in the central fact: it allows local action in matters of local concern and national action in matters of wider concern. States located in earthquake zones may need to enact laws regarding earthquake resistant building codes, while States located along the coasts may need to enact policies related to flooding, fisheries, and maritime commerce. There are 48 States that allow gas stations to be self- service, but in New Jersey and Oregon, the law forbids motorists to pump their own gas.

8. Powers Divided One State – North Dakota – does not require people to register to vote, the other 49 States do. Five States – Alaska, Delaware, New Hampshire, Montana, and Oregon – do not impose a general sales tax.

9. Powers Divided

10. Three Types of Federal Powers The National Government is a government of delegated powers – That is the government has only those powers delegated (granted) to it in the Constitution. – There are three distinct types of delegated powers:

11. Powers Divided – EXPRESSED POWERS Those powers delegated to the National Government in so many words – spelled out, expressly in the Constitution. They are called “enumerated powers”. Include… Power to lay and collect taxes, to coin money, to regulate foreign and interstate commerce (trade), to raise and maintain armed forces. Presidential powers include… to act as commander and chief of the armed forces, make treaties, to appoint major federal officials. Supreme Court has some expressed powers as well.

12. Powers Divided – IMPLIED POWERS These powers are not expressly stated in the Constitution, but they are reasonably suggested – implied – by the expressed powers. This comes from Article I Section 8 Clause 18 giving Congress the “necessary and proper power” Necessary and Proper also means “convenient and useful” and it is sometimes called the “Elastic Clause”.

13. Powers Divided They include… Power to provide the regulation of labor-management relations, the building of hydro- electrical power dams, the building of the 42,000 mile Interstate Highway System. It has also made federal crimes for things such as moving stolen goods, gambling devices, and kidnapped persons across State lines. It has prohibited racial discrimination in granting all people access to such places as restaurants, theaters, hotels, and etc.

14. Powers Divided – INHERENT POWERS These powers are those that belong to the National Government because it is the national government of a sovereign state in the world community. Although the Constitution does not expressly provided for them, they are powers that, over time, all national governments have come to possess.

15. Powers Divided They include (few in number)…Power to regulate immigration, to deport aliens, to acquire territory, to grant diplomatic recognition to other States, to protect the nation against rebellion or other attempts to overthrow the government by force or violence.

16. Powers Divided Powers Denied to the Federal Government Although the Constitution delegates certain powers to the National Government, it also denies certain powers to that level of government in order to keep Federalism intact. Those powers expressly denied to the National Government include… – To take private property for public use without the payment of just compensation. – The power to levy duties (taxes) on exports. – To prohibit freedom of religion, speech, press, or assembly. – Prohibited to conduct illegal searches and seizures and deny any person accused of a crime a speedy and public trial by jury.

17. Powers Divided Some powers are denied to the National Government because of the silence in the Constitution. – Denied the power to create public school system for the nation, enact uniform marriage and divorce laws, and set up units of local government. Some powers are denied to the National Government because of the federal system itself. – Congress is not allowed to tax any State or any of their local units in conducting their functions.

18. Powers Divided Powers of the Fifty States The 50 States are the other half of the complicated equation we call Federalism. 10 th Amendment says that State Governments are governments of reserved powers. – The reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the State. – Examples… Any State can deny anyone under the age of 18 from marrying, it can ban the sale of things like pornography, outlaw prostitution, and permit some forms of gambling.

19. Powers Divided States can require Doctors, lawyers, hairdressers, plumbers, and others to be licensed in order to practice in that State. It can confiscate automobiles and other property used in connection with such illicit activities as drug trafficking. It can create public schools, enact land use laws, regulate the services and restrict the profits of such public utilities as natural gas, oil, electric power, and telephone companies. These things are allowed since the Constitution does not give the National Government the power to do such things and it does not deny the States the power to do them.

20. Powers Divided State Governments are denied certain powers such as – States cannot enter into any treaty or alliance or confederation. – States cannot print or coin money. – No State can deprive a person of life, liberty, or property without due process of law.

21. Powers Divided The Exclusive and the Concurrent Powers Most of the powers that the Constitution delegates to the National Government are exclusive powers – they can be exercised only by the National Government. These powers are denied to the State Governments. Some powers to the National Government are concurrent powers – they are powers that both the National Government and State Governments possess and exercise. Those powers include… power to collect taxes, to define crimes and set punishment for them, and to condemn (take) private property for public use. These powers are held and exercised separately and simultaneously by the two levels.

22. Powers Divided The Constitution Reigns Supreme The Framers expected problems to arise out the dual system of government. They created the Supremacy Clause – this provision declares that the Constitution is the supreme law of the land. The Supreme Court is the one who decides the conflicts between the States and National Government.

23. Powers Divided The first time the Court was called to settle a dispute was in 1819 in the case of McCulloch v. Maryland. – It involved the Second Bank of the United States and the Maryland legislature. – Maryland tried to cripple the Second Bank (1819) by placing a tax on all notes issued by the branch banks of the Second Bank of the US. – James McCulloch the branch bank cashier of the Baltimore branch refused to pay the tax and he was convicted by the Maryland courts. – The Supreme Court unanimously reversed the Maryland Courts ruling.

24. Powers Divided The first time that the Supreme Court found a State law unconstitutional was in 1810. – Fletcher v. Peck – The Georgia law passed in 1794 that sold some 35 million acres of public land for 1.5 cents an acre amounted to a contract between the State and Peck and other buyers. – Despite the obvious corruption involved, the Supreme Court ruled that any law passed that would allow people in government to take a bribe during a business contract with a company. – The legislative members who it was found out took a bribe to give the companies such a low price for the land were voted out of office at the next election.

25. Powers Divided – All of this land was land of Native Americans and there was not title on the land. – Fletcher sued Peck because he could not give a title to the land that would prove that Fletcher owned the land legally. – This decision was also a way to protect land owners