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Federalism: The Division of Power

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Presentation on theme: "Federalism: The Division of Power"— Presentation transcript:

1 Federalism: The Division of Power
Chapter 4, Section 1 U.S. Government- Mr. McWenie from Mr. Marotz

2 Number of Governments in the United States
3,143 With about 89,000 separate governmental units in the U.S. today, it is no wonder that intergovernmental relations in the U.S. are so complicated. Actually, the number of school districts has decreased over time, but the number of special districts created for single purposes, such as water, sewage, flood control, has increased from only 8,000 during WWII to over 37,000 today.

3 Government Powers (Division of Powers)
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

4 Government Powers (Division of Powers/ Federalism)
Powers Granted Expressed Implied Inherent Delegated Powers: Granted by the Constitution- 3 Types Expressed Implied Inherent National Government Delegated Powers

5 Government Powers (Division of Powers)
Powers Granted Expressed Implied Inherent Expressed: Spelled out in the Constitution Article I, Section 8 18 clauses giving 27 powers Tax Coin money Regulate trade Declare war Grant patents National Government Delegated Powers

6 Government Powers (Division of Powers)
Powers Granted Expressed Implied Inherent Implied: Not written in Constitution, but reasonably suggested Article I, Section 8, Clause 18 “necessary and proper” The Elastic Clause Build dams Highways & roads Determine crimes National Government Delegated Powers

7 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

8 Government Powers (Division of Powers)
Powers Granted 10th Amendment Reserved Powers: Powers retained by the states State Government Reserved Powers

9 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

10 Government Powers (Division of Powers)
Powers Granted National Government State Government Concurrent Powers Concurrent: Both States and National have these powers May be exercised separately and simultaneously Collect taxes Define crimes Condemn or take private property for public use Denied Both Powers Denied

11 States tend to have a more liberal or more conservative political culture, which is
reflected in their policies, whether for moral issues or other issues. Source: Governing.com

12 Marijuana Legalization Laws
Source: Governing.com

13 Understanding Federalism
State Welfare Benefits (Figure 3.3)

14 Source: Governing.com

15 Source: Governing.com

16 Source: Governing.com

17 Understanding Federalism
Spending on Public Education (Figure 3.4)

18

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20 Understanding Federalism

21 Current Map of Abortion Laws

22 Government Powers (Division of Powers)
Denied Powers: Powers forbidden to the national or state government National Government Denied National Powers Denied

23 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

24 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

25 Government Powers (Division of Powers)
Powers Granted Denied Both: Both States and National have been denied these powers Violate rights of citizens National Government State Government Concurrent Powers Denied Both Powers Denied

26 The "Full Faith and Credit Clause" is Article VI, Section 1, of the U
The "Full Faith and Credit Clause" is Article VI, Section 1, of the U.S. Constitution. This article maintains that state courts must enforce the judgments of courts in other states and accept their public records and acts as valid. This clause became controversial in 1998 when courts in Hawaii permitted same-sex marriages. With presidential support, Congress passed the Defense of Marriage Act, which relieved other states from any obligation to honor Hawaiian gay marriages. Gay couples renew their vows to each other in this ceremony in San Francisco's Metropolitan Community church. States must give full faith and credit to each other’s public acts, records, and judicial proceedings; extend to each other’s citizens the privileges and immunities it gives its own; and return fugitives from justice.

27 Government Powers (Division of Powers)
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

28 The Supremacy Clause (Article VI, Section 2)
United States Constitution The U.S. Constitution is the “Supreme Law of the Land.” If there is a conflict between a lower law and a higher one, the higher one “wins.” Acts of Congress State Constitutions State Statues (laws) City and County Laws


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