1. Chapter 4: Federalism

2. What is Federalism?
Federalism is the way we divide power between the central national government, and the regional state governments

3. Why do we use a Federalist System?
Framers believed government was a threat to individual liberty
Government must therefore be restrained
Dividing the powers Limits Government

4. Differences Between States
In Oregon and New Jersey, it is illegal to pump your own gas
In Nevada, it is illegal to ride a camel on state highways
In Texas, criminals are required to inform their victims of the crime to be committed 24 hours in advance, either verbally or in writing

5. Differences Between States
In Massachusetts, it is illegal to go to bed without taking a full bath
In Ohio, it is illegal to get fish drunk
In California, it is illegal for a car without a driver to exceed 60 miles per hour

6. Powers of the National Government
Delegated Powers - The national government has only the powers that are delegated to it by the Constitution
Three types of delegated powers:
Expressed Powers
Implied Powers
Inherent Powers

7. Expressed Powers
Powers that are spelled out in the Constitution very specifically (expressly)
Also known as “enumerated powers”
Most are found in Art. I, Sect. 8

8. Expressed Powers (cont’d)
Examples: coin money, raise and maintain armed forces, declare war, fix standards of weights and measures…

9. Implied Powers
Powers of the national government which are not expressly stated in the Constitution, but which are reasonably suggested (implied) by the expressed powers
Elastic Clause/Necessary and Proper Clause!
Article I, Section 8, Clause 18

10. Implied Powers (cont’d)
Examples:
Building of dams
Building of the Interstate highway system
Criminalizing racial discrimination
Necessary and Proper has been interpreted to mean “convenient and useful,” so anything that the national government sees as convenient and useful might be made into federal law.

11. Inherent Powers
Powers not expressly stated by the Constitution, but which belong to the United States government because it is a sovereign state in the world community

12. Inherent Powers (cont’d)
Examples:
Regulate immigration
Acquire territory
Protect nation against rebellion or other attempts to overthrow the nation by force or violence
(There aren’t a lot of these.)

13. Denied Powers (of the National Government)
Levy duties (tax) exports
Take private property for public use without just compensation (Eminent Domain)
To deny rights that are found in the Bill of Rights, such as freedom of speech, religion, press and assembly
Article I, Sect. 9=Denied Powers of Congress

14. Denied Powers (not expressed)
Limited Government: The government only has those powers which the people, through the Constitution, have given it, so anything else is denied.
The power to make a national public school system
The power to enact marriage and divorce laws for the whole country
The power to set up local government

15. Powers of the States
Reserved Powers: Those powers which the Constitution does not delegate (grant) to the National Government, but does not, at the same time, deny to the states
Amendment 10!

16. Reserved Powers
“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.”
- 10th Amendment

17. Examples of Reserved Powers
Drivers’ licenses
Marriage licenses
School system
Enacting land use laws
Regulating drinking age
Outlawing gambling
(There are tons of things the states have powers to do.)

18. Denied Powers (of State governments)
Expressly denied:
No entering into alliances, treaties, or a confederation
No printing or coining of money
No depriving people of their rights
(Anything denied in the U.S. or their state’s constitution)
Inherently denied:
No taxing of the federal government

19. Exclusive vs. Concurrent Powers
Exclusive Powers – Those which are delegated to the National Government alone. States cannot exercise these powers.
Concurrent Powers – Those which both the states and the national government can exercise

20. Concurrent Powers Examples: Levy and collect taxes Borrow money
Establish courts
Define crimes and set punishments
Claim private property for public use (when there is just compensation)