1. C HAPTER 4 F EDERALISM Section 3: Federalism: The Division of Power

2. F EDERALISM : T HE D IVISION OF P OWER Objectives: * Define federalism and explain why the Framers chose this system of government rather than a unitary government. * Categorize government powers as national, State, or shared. * Explain the place of local government in the federal system. * Analyze how conflicts are resolved over the respective roles of national and State governments.

3. F EDERALISM : T HE D IVISION OF P OWER * There are many laws in our country as well as in our State of Texas. * We have a very complex system: the division of government power in the United States between National and State governments. * This section we will attempt to help you better understand this complicated arrangement.

4. F EDERALISM : T HE D IVISION OF P OWER Why Federalism???? * When the Framers of the Constitution met in Philadelphia in 1787, they faced a number of difficult issues. * Not the least of them: How could they possibly create a new central government that would be strong enough to meet the nation’s needs and, at the same time, preserve the strength of the existing States?

5. F EDERALISM : T HE D IVISION OF P OWER * Few of the Framers favored a strong central government based on the British model; and all of them knew that the Revolution had been fought in the name of self-government. * The government under the Articles of Confederation proved to be too weak to deal with the nation’s many problems. * Three concepts of limited government they wanted 1) Gov’t power poses threat to individual liberty 2) Restrain gov’t power 3) divide gov’t power to prevent abuse

6. F EDERALISM : T HE D IVISION OF P OWER 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, called States or provinces. *Each level of government has its own set of powers * Neither level acting on their own can change the basic division of powers that the constitution has created.

7. F EDERALISM : T HE D IVISION OF P OWER * Our system of federalism provides for a division of powers between the National government and the States. * The constitution assigns certain powers to the National government and certain powers to the States. * Federalism provides a dual system of government. * It provides two basic levels of government, each with its own area of authority. * Each operates over the same people and the same territory at the same time.

8. F EDERALISM : T HE D IVISION OF P OWER * The major strength of this system is that it allows local action in matters of local concern, and national action in matters of wider concern. * Example: 33 states directly regulate the liquor business, operating it as a public monopoly; elsewhere it is a private enterprise * In 48 States many gas stations are self-service; in New Jersey and Oregon, the law forbids motorists from pumping their own gas.

9. F EDERALISM : T HE D IVISION OF P OWER * North Dakota does not require voters to register in order to cast their ballot * Nebraska is the only state with a unicameral legislature * Oregon is the only State that has legalized physician-assisted suicide * Five States (Alaska, New Hampshire, Montana, Oregon, and Delaware) do not impose a general sales tax

10. F EDERALISM : T HE D IVISION OF P OWER Powers of the National Government * The National Government is a government of delegated powers – it has only those powers delegated (granted) to it in the Constitution. * Three distinct types of delegated powers 1) The Expressed Powers > delegated to the National Government in so many words > There are 18 clauses giving 27 powers to the Congress > Power to lay and collect taxes, coin money, regulate trade, and etc

11. F EDERALISM : T HE D IVISION OF P OWER * President has powers to >act as commander in chief of the military > grant reprieves and pardons > appoint federal officials * Supreme Court has powers to > to have the final word in all court cases 2) The Implied Powers > Implied powers are not expressly stated in the Constitution but are reasonably suggested (or implied) > Congress has necessary and proper power

12. F EDERALISM : T HE D IVISION OF P OWER > The necessary and proper have been interpreted to mean “convenient and useful” > This is also called the Elastic Clause > It can be stretched to cover so many situations Examples: > Congress can regulate labor-management relations, the building of hydroelectric power dams, the building of the 42,000 mile interstate highway system

13. F EDERALISM : T HE D IVISION OF P OWER > It has made federal crimes of such acts as moving stolen goods, gambling devices, and kidnapped persons across State lines. > It has prohibited racial discrimination in granting access to such places as restaurants, theaters, and hotels. 3) The Inherent Powers > They belong to the National Government because it is the government of a sovereign state within the world community. > The Constitution does not expressly provide for them, Congress possesses them

14. F EDERALISM : T HE D IVISION OF P OWER > The inherent powers are few in number > Major ones are … - power to regulate immigration - to deport undocumented aliens - acquire territory - to grant diplomatic recognition - protect the nation against rebellions

15. F EDERALISM : T HE D IVISION OF P OWER Bowers Denied to the National Government > The Constitution has denied the National Government certain powers > They are denied power to levy duties on exports - prohibit the free exercise of religion, speech, press, or assembly - conduct illegal searches or seizures - deny any person accused of a crime a speedy and public trial or a trial by jury >Second the National Government is denied powers because of the silence of the Constitution

16. F EDERALISM : T HE D IVISION OF P OWER >National Government cannot create a national school system, enacting uniform marriage and divorce laws, setting up units of local government within any of the States. > Congress has the power to tax, but cannot tax the individual Stats or any local city or town

17. F EDERALISM : T HE D IVISION OF P OWER The States * The States have reserved powers as well. * Reserved are those powers that the Constitution does not grant to the National Government, and does not, at the same time, deny to the States *A State can forbid a person from getting married under the age of 18 without parent consent * It can keep people under the age of 21 from buying alcohol

18. F EDERALISM : T HE D IVISION OF P OWER * States can establish public schools, enact land use laws, restrict the profits of public utilities * Most of what is done today is done at the State level and local level, not the National level * Some powers are denied to the States > No State can enter into a treaty with another country > No State can print their own money > No State can deprive a person of life, liberty, or property

19. F EDERALISM : T HE D IVISION OF P OWER Shared Powers * Most of the powers that the Constitution delegates to the National Government are exclusive powers – these powers are exercised by the federal government alone * Some powers are expressly denied to the States * States cannot regulate trade between States * Concurrent Powers – are those powers that both the National Government and the States possess and exercise * They include… power to levy and collect taxes, to define crimes and set punishments

20. F EDERALISM : T HE D IVISION OF P OWER The Federal System and Local Governments * There are 3 levels of government 1) National 2) State 3) Local * Each of the local governments are sub-units to the various State governments * None of them exist apart of the State Government

21. F EDERALISM : T HE D IVISION OF P OWER Resolving Conflicts * The Framers anticipated conflicts among the national and state governments. * They wrote the Supremacy Clause – The q Constitution and the Laws of the US shall be the top laws of the land. * The Constitution stands above all other laws in our land. * The Supreme Court is the top court in our land and has the final word on any case they may hear – there is no appeal process from their decision.

22. F EDERALISM : T HE D IVISION OF P OWER * The first time the Supreme Court was called upon to determine a problem between the National government and the State government, was in McCulloch v. Maryland, 1813 * This involved the Second Bank of the US * Maryland had placed a tax on all notes from the federal bank in their State. * McCulloch was the branch manager and refused to pay the tax * Supreme Court ruled in favor of McCulloch