1. Chapter 4
Federalism

2. Federalism: Powers Divided
Section 1
Federalism: Powers Divided

3. Federalism Federalism = Governmental power is divided.
Constitution provides for a division of powers between the National Government and the 50 states.
Dual system of government (examples):
Federal - Regulate interstate commerce (trade between States)
State – Decide who can be put to death
Federalism allows for individual state power but provides for the strength of the union.

5. Powers of the Federal Government
National Government is a government of delegated powers.
Powers delegated (granted) to it in the Constitution.
Three types of delegated powers:
Expressed
Implied
Inherent

6. The Expressed Powers
Expressed Powers are powers given to the National Gov’t that are expressly stated in the Constitution.
Aka...Enumerated Powers. (Specificed, listed, identified)
Article I, Section 8 of Constitution lists 27 expressed powers of Congress.
There are other Expressed Powers throughout the Constitution...
Most important powers include:
The power to tax, to borrow money, to regulate commerce and currency, to declare war, and to raise armies and maintain the navy.

7. The Implied Powers Necassary and Proper Clause (aka Elastic Clause)
Implied Powers are not expressly stated in the Constitution.
Implied powers are suggested – implied- by the expressed powers.
Necassary and Proper Clause (aka Elastic Clause)
Article I, Section 8  give Congress the “necessary and proper power”.
Gives Congress all the powers it needs to carry out its enumerated powers.
Examples?
Power to draft into the armed forces is implied by the powers to raise and army and a navy.
Air Force, CIA, National Bank, Paper money, Space program, Pollution…

8. Examples of Implied Powers derived from Expressed Powers.

9. Inherent Powers Inherent Powers  Powers held by a sovereign state.
Powers said to be inherent to the idea of government
These powers exist simply b/c the United States exists.
Include power to: control national borders, acquire new territories, defend the state from revolution.

11. Powers Given to the States
Reserved Powers
Powers that the Constitution does not grant to the National Government and does not deny to the states (10th Amendment).
States have all powers that are not given to the National Government by the Constitution.

12. Exclusive and Concurrent Powers
Exclusive Powers
Powers that are only exercised by the National Government.
States cannot do.
Ex: Coin Money, Make Treaties, Tax Imports
Concurrent Powers
Powers that both the National and State Governments possess.
Levy and collect taxes, Definition of Crimes and Punishment for them, Take Private Property for Public Use

13. Supreme Law of the Land The Supremacy Clause
The American dual system of government means that there will inevitably be conflict between the Federal and State Governments.
The Supremacy Clause
The Constitution ranks above all other forms of law in the United States.
The Supreme Court and Federalism
“Umpire in the Federal system.”
Applies the Constitution’s Supremacy clause to the conflicts that arise.

15. Division of Federal and State Powers National AND State Governments
(FEDERALISM)
National Government
State Governments
(Expressed, Implied, or Inherent Powers)
(Reserved Powers)
National AND State Governments
Regulate intrastate commerce
Establish local government systems
Administer elections
Protect the public's health, welfare, and morals
Set marriage laws
Issue licenses
Establish public schools
Powers the Constitution does not grant tot he National Government nor deny to the states
Regulate foreign and interstate commerce
Coin money
Provide an Army and Navy
Declare War
Establish Federal Courts below the Supreme Court
Conduct foreign relations
Acquire Territory
Protect against rebellion
Exercise powers implied from the expressed powers
(Concurrent Powers)
Levy taxes
Borrow money
Spend for the general welfare
Establish courts
Enact and enforce laws
Claim private property for public use