1. Federalism

2. Key Questions
Is the federal system the best way to govern the country?
How is power divided between the federal government and the States?

3. Federalism
Division of power between national, state, and local government.

4. You know federal law says…
All young men have to register for military service at age 18.
Most employers pay a minimum wage.
No person can be denied a job based on their race or ethnicity.

5. You also know state law says…
You need to have a drivers license to operate a motor vehicle.
You must be 21 or older to purchase alcohol
Only those meeting certain requirements can own firearms.

6. You even know local law says…
When you can or cannot burn trash.
How late you can have a party before you violate a noise ordinance.
What tags your dogs need to have.

7. Why did the Framers choose federalism?
1. Government power inevitably poses a threat to individual liberty
2. Therefore, government must be restrained.
3. To divide power is to prevent abuse of that power.

9. “Out of Many, One” Federal, State, Local Govt work together.
Latin
Phrase:
E Pluribus
Unum

10. Federalism in Practice
Produces a “Dual” system of government: which means there are two basic levels of government, each with its own field of authority, and operating over the same people at the same time.

11. Put another way…
It allows local action on local matters and national actions on bigger concerns.
Example: Federal Government controls who we go to war with
While individual states decide if they want the death penalty or not.

12. Laboratories of Government
Washington and Oregon allow physician assisted suicide.
Alaska, Delaware, new Hampshire, Montana and Oregon do not have sales tax.

13. So what powers does the Federal government have?
3 Delegated (given to) powers
1. Expressed
2. Implied
3. Inherent

14. 1. Expressed Powers
These powers are stated in the constitution (Article 1, Section 8)
Gives federal government 27 powers which include things like: tax, print money, regulate interstate commerce, declare war, control armed forces, etc etc.

15. Government Powers (Division of Powers)
Powers Granted
Expressed
Implied
Inherent
Expressed:
Article I, Section 18
18 clauses giving 27 powers
Tax
Coin money
Regulate trade
Declare war
Grant patents
National
Government
Delegated Powers

16. 2. Implied Powers
Not specifically stated in the constitution but reasonably suggested by the expressed powers

17. Government Powers (Division of Powers)
Powers Granted
Expressed
Implied
Inherent
Implied:
Not written in Constitution, but reasonably suggested
Article I, Section 18, Clause 18
“necessary and proper”
The Elastic Clause
Build dams
Highways & roads
Determine crimes
National
Government
Delegated Powers

18. Where do the implied powers come from?
Art 1, Sec 8, Clause 18
Congress has the power:
“to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution.”
This is sometimes called the Elastic Clause. Why?

19. 3. Inherent Powers
Powers that belong to the government because it is in charge of the country. Or These powers exist because the USA exists.
Powers include: regulate immigration, deport aliens, acquire territory, grant diplomatic recognition, protect the country from rebellion

20. Government Powers (Division of Powers)
Powers Granted
Expressed
Implied
Inherent
Inherent:
Not written in Constitution, but belong to national governments
Regulate immigration
Grant diplomatic recognition to nations
Protect the nation
National
Government
Delegated Powers

21. Powers denied the Federal Government
1. Expressly
Ex: can’t take private property without payment, can’t prohibit free speech, can’t conduct illegal searches
2. Through Silence
Can’t create public schools, can’t set up local government
3. Because of federalism itself
Can’t tax states

22. Government Powers (Division of Powers)
Denied:
Expressly denied:
Infringe on rights (speech, press, etc.)
Silence in Constitution:
Only has delegated powers
Denied in Federal System:
Can’t tax states
National
Government
Denied National
Powers Denied

23. The States; Reserved Powers
They are governments of reserved powers AKA they get all the powers that the federal government does not get that they also are not denied.
***10th Amendment***

24. Government Powers (Division of Powers)
Powers Granted
10th Amendment
Reserved Powers:
10th Amendment
Not granted to Federal, but not denied to states.
Legal marriage age
Drinking age
Professional license
Confiscate property
The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.
State
Government
Reserved Powers

25. What kind of laws can states enact? (almost anything)
Marriage age, sale of pornography, permit or prohibit gambling, lawyer/teacher licenses, public schools, land use, utilities, drinking age, etc etc etc. (Most things government does are done by the states, not the fed)

26. Why is the drinking age 21 in almost all states?

27. Powers denied to States
Can’t print money
Can’t make alliances
Can’t tax the federal government
Can’t deprive a person of life liberty or property without due process of law

28. Government Powers (Division of Powers)
Denied States:
Constitution denies certain powers to state, because they are NOT a federal government.
Make treaties
Print money
Deny rights to citizens
State
Government
Denied States
Powers Denied

29. Concurrent Powers (Both Federal and State)
Some powers are shared or overlap between the federal government AND the states at the same time
Ex: tax, borrow money, establish courts, define crimes, environment and health standards, establish a police force, protect national borders

30. Government Powers (Division of Powers)
EXCLUSIVE
Powers Granted
Expressed
Implied
Inherent
10th Amendment
National
Government
State
Government
Delegated Powers
Reserved Powers
Concurrent Powers
Denied Both
Denied States
Denied National
Powers Denied

31. What if the laws conflict?
The Supremacy Clause (Art 6, Sec 2)
In a nutshell, the Constitution is #1, acts of Congress and treaties are #2, then the state laws are #3.

32. Federalism Local: State: Federal:
Which level of government failed to protect the citizens of New Orleans in 2005 because of Hurricane Katrina?
Record how each government failed as you watch the video.
Local:
State:
Federal:
Take notes as to what went wrong during Hurricane Katrina.

33. Draw a Venn Diagram Include:
Delegated powers of National Government: Define terms below.
Expressed, Implied, Inherent
Reserved powers of State Government…give examples and define reserved.
Concurrent Powers…example and define
***List the powers that fit in each category and define terms.

35. Hurricane Katrina
Draw a chart stating the problems and mistakes of the three levels of government: Local State Federal Be specific and provide details Who was at fault for the problems and mistakes that happened because of Hurricane Katrina?

36. Answer:
Give evidence and details to support your answer.