1. Powers of government
LG: I will differentiate the powers the Constitution provides to the national & state gov’t by categorizing powers.

2. I. National government Delegated/Expressed- stated in Constitution
Implied- Suggested implicitly
Necessary & proper clause/ elastic clause
Inherent- powers not explicity stated
i. Ex. Foreign policy

3. II. 4 Constitutional pillars
Supremacy clause
War Power
Commerce Clause (Gibbons v. Ogden)
Power to tax & spend

4. III. State powers
Reserve power: power not granted to national government (10th amendment)
Concurrent power: power shared between national & state

5. 3.2 TABLE 3.1: Constitutional division of national and state powers
This table shows delegated, reserved, and concurrent powers. Do any of these power divisions surprise you?
Activity: Ask your students to list the ways government affects their daily lives. Then ask them which level influences or regulates that activity. Are they more influenced by the national or state and local governments?

6. IV. Limits & obligations
State cannot make treaties, coin $, tax imports/exports, start war, interfere w/ foreign commerce
National gov. cannot force states to enforce their laws

7. 3.2
Sobriety checkpoint
Under national pressure and the threat of losing national funding if they do not act, states have raised the drinking age to 21. States are also under pressure to monitor drunk driving more aggressively.

8. V. Interstate relationships
Full faith & credit
Interstate privileges & immunities
Extradition
Interstate compacts

9. 3.2 What are state-only powers
known as?
Now that we’ve covered the constitutional structure of federalism, I’d like to test your comprehension with this brief question.
Concurrent
Reserve
Extradition
Supremacy 9

10. 3.2 What are state-only powers
known as?
The Tenth Amendment to the Constitution reserves to states all powers not given to the national government.
Concurrent
Reserve
Extradition
Supremacy 10

11. VI. McCulloch v. Maryland
A. Precedent: implied national powers: national supremacy over state power

12. VII. National Courts and the States
Fourteenth Amendment
Due process/Equal protection
Preemption
1. National law stomps state law
The Fourteenth Amendment to the Constitution protects the rights of citizens to due process of law. Many cases that come before the Supreme Court deal with this issue. Often, these are challenges to activities of state and local governments that may be a violation of due process and the equal protection clause.
If they conflict with national laws, state laws can be preempted. They can also be preempted when federal interests are so dominant that they override state laws. For example, federal civil rights laws preempted discriminatory state laws that denied some citizens of their rights to equal protections. Supreme Court justices in the past tended to rule in favor of national laws. In recent years, the rulings have supported state powers over national authority.

13. VIII. Centralists v Decentralists
A. Centralists: national gov’t should exercise its powers to the fullest
B. Decentralists: gov’t power should be narrowly defined
1. Devolution revolution: returning power to the states
From the beginning of the Republic, there has been debate about the “proper” distribution of powers, functions, and responsibilities between the national government and the states.
Centralists favor a national government that takes the lead on issues like gun control and environmental pollution. Decentralists want states to take action on these issues. Centralists believe government should take action as long as the Constitution doesn’t forbid it. Some centralist presidents were Lincoln, both Roosevelts, and Lyndon Johnson.
Decentralists see the Constitution as a compact among sovereign states. The states, not the people, created the central government and gave it limited authority. It is little more than an agent of the states, and its powers should be narrowly defined. They favor returning power to states. Some decentralist presidents were Jefferson, Reagan, and George H.W. Bush. This devolution revolution saw some success in the 1990s.
Activity: Use a think/pair/share exercise to have students consider the following question: Did devolution return power to the states? Discuss the problem that with power comes accountability and financial responsibility. States may want power to make policies, but do they want to pay for them? Students may also wish to consider a particular example, like No Child Left Behind, to illustrate their arguments.

14. 3.3 Which president would have been
a decentralist?
As we’ve just gone over the centralist/decentralist debate, I’d like to test your comprehension with this brief question.
Abraham Lincoln
Franklin Delano Roosevelt
Ronald Reagan
All of the above 14

15. 3.3 Which president would have been
a decentralist?
Decentralism is also known as states’ rights. The Anti-Federalists, Thomas Jefferson, the Supreme Court from the 1920s to 1937, and former Chief Justice William H. Rehnquist were also supporters.
Abraham Lincoln
Franklin Delano Roosevelt
Ronald Reagan
All of the above 15

16. Directions: for each of the following statements categorize it with the correct power.
Expressed – Powers stated (or written) in the Constitution.
Implied – Powers that the national government requires to carry out the powers that are expressly defined in the Constitution.
Inherent – Powers that the national government may exercise simply because it is a government.
Concurrent – Powers that both the national and state government possess.
Reserved – Powers granted only to state governments.

17. Power to draft Americans into the military

18. Power to make war

19. Power to maintain armed forces

20. Power to establish courts

21. Power to coin money

22. Power to limit the number of immigrants to the U.S.

23. Power to regulate INTRASTATE commerce

24. Power to building an interstate highway system

25. Power to regulate a public school system

26. Power to prohibit discrimination in restaurants

27. Power to tax

28. Power to regulate INTERSTATE commerce

29. Power to acquire territory

30. Power of eminent domain

31. Power to make and enforce laws