1. Federalism
The division of power between a national government and several state governments.

2. Where does it say this in the Constitution?
Implied in the Constitution
Spelled out in the 10th Amendment
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states respectively, or to the people”

3. Strength of Federalism
It allows local action in matters of local concern and national action in matters of wider concern.
Local traditions, needs, & desires vary from state to state.

4. Examples of Local Control
In NJ and OR, motorists cannot pump gas themselves. No self-serve!
In ND, voters can cast a ballot without registering.
NE has a unicameral house in its state legislature
OR allows assisted suicide
No sales tax in AK, DE, NH, MT, & OR

5. Powers of the National Government
Powers are delegated – it has only those powers granted to it in the Constitution.
Three types:
Expressed/Enumerated
Implied
Inherent

6. Expressed Powers – powers written in the Constitution (Enumerated Powers)
Article I, Section 8 – in 18 clauses, 27 powers are expressly given to the gov’t
Power to lay and collect taxes
Coin money
Regulate foreign trade
Raise and maintain armed forces
Declare war
Fix standards of weights and measures
Grant patents and copyrights
Article II, Section 2 – gives several powers to the President
Grant reprieves and pardons
Commander in chief of armed forces
Make treaties
Appoint federal officials

7. Implied Powers
Powers that are reasonably suggested by the expressed powers.
Necessary and Proper Clause – Article I Section 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 in the government of the US or in any Department or Officer thereof.”

8. Examples The power to regulate interstate commerce:
Regulates labor-management relations
Builds hydroelectric power dams
Built 42,000 miles of highway
Federal crime to move stolen goods across state lines
Prohibits racial discrimination in access to restaurants, theaters, hotels, etc.

9. Inherent Powers
These powers belong to the national gov’t because it is the national government of a sovereign state in the world community. (other nations have them too) They exist because the US exists!
Regulate immigration
Deport aliens
Acquire territory
Grant diplomatic recognition to other states
Protect the nation against rebellion or coups

10. Powers Denied the National Government
Expressly denied – The National Government CANNOT
Tax exports
Take private property
Prohibit freedom of religion, speech, assembly, or press
Conduct illegal searches or seizures
Deny accused of a speedy, public or jury trial

11. Powers Denied to the National Government
Because of the Silence of the Constitution
Create public school system
Enact uniform marriage and divorce laws
set up units of local government
(the lack of a provision to delegate this power to the national government, actually denies them the power to do so)

12. Powers Denied to the National Government
Some powers are denied because of federalism itself.
National government cannot tax a state in carrying out its governmental functions.

13. Powers Reserved to the State
Anything the Constitution does not expressly give to the national government
Anything the Constitution does not deny to the states.

14. Examples Marriage under 18 requires parental consent
Can ban pornography or prostitution
Can require state licensing for doctors, lawyers, plumbers, and hairdressers.
Confiscate property paid for by drug $
Create public schools
Restrict utility profits

15. Powers Denied to the States
Enter into and treaty, alliance, or confederation
Print or coin money
Deprive any person of life, liberty or property without due process
State Constitutions also deny many powers to individual states

16. Exclusive Powers of the National Government (belong only to them and not the states)
Regulation of Interstate commerce
Coin money
Make treaties with foreign nations
Tax imports

17. Concurrent Powers (Both State and National possess these powers)
Power to levy and collect taxes
Take private property for public use
Define crimes and set punishments

18. Nations Obligations to the State
Guarantee a Republican form of government (undefined)
To protect against invasion or domestic violence (riots, natural disasters)
Respect the territorial integrity of each state

19. How else does the National Government help the States?
FBI helps state and local police
Army and air force equip and train State’s national guard
Census Bureau statistics help local planning
Federal money to local areas where large federal landholdings exist. (Fermi Lab, Argonne National Research)

20. State Aid to National Gov’t
Funds national elections
Regulates national elections
Naturalization takes place in state courts
State and local police officers often pick up and jail federal criminals

21. Full Faith and Credit Clause
The Constitution commands:
“Full Faith and Credit shall be given in each state to the public acts, records, and judicial proceedings of every other states”
Article IV, Section1
Except in criminal cases and divorces where one spouse is not a resident of the state granting the divorce.

22. Privileges and Immunities Clause
“The Citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.”
Article IV, Section 2, Clause 1
Unreasonable distinctions - can marry, buy, own, rent, or sell property, and use courts, must not allow hiring preferences
Reasonable distinctions – residency and voting requirements, fishing/hunting rights, out-of-state tuition is ok to charge.

23. Article IV, Section 2, Clause 2
Extradition
“A person charged in any state with treason, felony, or other crime, who shall flee from Justice, and be found in another state shall on demand of the executive authority fo the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime”
Article IV, Section 2, Clause 2

24. Supremacy Clause
“The Constitution…shall be the Supreme Law of the Land; and the judges in every state shall be bound to thereby,…
Article VI, Section 2