1. Objectives
The students will… Define express and implied powers Identify federal, reserved, and concurrent powers

2. Federalism

3. Classifying Governments
We can classify governments based on..
The relationship between the legislative branch and the executive branch
The geographical distribution of power within the state
Who can participate in the governing process
Today, we are going to focus on the geographical distribution of power

4. Three Kinds of Governments
Unitary
All power rests in a central government
There are uniform laws, policies, and enforcement across the entire country
Difficult to meet the needs of all citizens
Confederate
An association of independent states
Keeps the power on at the local level
Laws can differ from state to state with nobody to resolve conflict
Federal
Power is split between a central government and local and state governments
Citizens have more opportunities to be heard
Disputes occur between national and states’ rights

6. Federalism The United States originally started out as a confederacy
What were the problems with that?
The states were out of control, so the Framers needed to make a central government to resolve conflicts
The federal government gets all its power from the Constitution
In order to keep the federal government from becoming too powerful, the Constitution says that any power not given to the federal government is given to the states or the people
10th Amendment

7. The Supremacy Clause
“…This Constitution, and the laws of the United States which shall be made in pursuance thereof… shall be the supreme law of the land…”
The Constitution and federal law overrides any conflicting state law
This was created because the states under the Articles weren’t listening

8. Other Important Clauses
Privileges and Immunities
States must treat citizens of other states the same as its citizens
Ex. If you get pulled over in Kentucky, you are subject to the same law as Kentucky Citizens
Full Faith and Credit
States must recognize contracts and legal records from other states
Ex. If you get married in North Carolina, you are still married when you move to Tennessee
Extradition
States are obligated to send criminals back to states where they have charges pressed against them
Ex. If you rob the Weigels and flee to Alabama, they’ll send you back to Knox County when you get caught.

9. Powers of the Federal Government
Article I, Section 8 of the Constitution gives the explicit powers of Congress What are expressed powers? Powers actually written in the Constitution What are implied powers? Power not expressly written in the Constitution Based on the Necessary and Proper Clause aka the Elastic Clause Ex. Declaring war is an expressed power of Congress. Using the Elastic Clause, Congress can draft men into the military if necessary.

10. Different Kinds of Power
Expressed and Implied Power
Powers of the federal government that are listed in Article I, Section 8
Reserved Powers
Powers the states have adopted because they aren’t explicitly written in the federal Constitution
Concurrent Powers
Powers that are shared by the state and national governments

11. Venn diagram Activity
Using your book, determine the expressed and implied powers of the federal government, powers that are reserved for the states, and, using your best judgment, determine which powers are shared by the national and state government Article I, Section 8

12. Expressed and Implied
(national government)
Reserved
(states’ powers)
Concurrent
(shared)

13. National
Shared
STATE
Issue driver’s and marriage licenses
Conduct elections
Establish local governments
Make rules about business inside a state
Use any power the Constitution doesn’t give the federal government or deny to the states
Charter banks and corporations
Run public schools
Provide police and emergency services
Print money Make rules about trade between nations and states Declare war Make treaties Establish a post office Provide an army and navy Make laws that are necessary and proper to carry out its powers Spend money for the general welfare Make copyright laws to protect authors’ writings Decide what units of measure we use
Protect public health and safety Collect taxes Build roads Borrow money Establish courts Make and enforce laws

14. Before you go!
White boards! For each statement, indicate whether it is true or false! Be ready to explain your answers!

15. States had no government when America was born
States had no government when America was born. False America’s central government is known as the federal government. True Federalism is the division of power between the states. The Constitution divides federal power among three branches of government. Powers not given to the federal government are reserved to the states or the people. Powers that states and the federal government share are called concurrent powers. The Supremacy clause says state laws are superior to federal laws. Implied powers are stated in the Constitution and expressed powers are not. The Constitution lets Congress do what is “necessary and proper” for carrying out its powers. An association of independent states is called a unitary form of government.