1. The Federal System: Who Has the Power?

2. Why did the U.S. Government decide on a Federal System of government?
PAIR-SHARE
What is Federalism?
Why did the U.S. Government decide on a Federal System of government?

3. CA Standard
Describe the systems of separated and shared powers, the role of organized interests (Federalist Paper Number 10), checks and balances (Federalist Paper Number 51), the importance of an independent judiciary (Federalist Paper Number 78), enumerated powers, rule of law, federalism, and civilian control of the military.

4. Essential Question
How are power and responsibility distributed, shared, and limited in the government established by the United States Constitution?

5. Objective
Students will be able to describe a Federal system of government by completing a graphic organizer.

6. Film Clip: Federalism

7. Film Review Questions
What is the difference between “duel federalism” and “cooperative federalism”?
What is Federal Government aid to the states called?
Give an example of cooperative federalism

8. Students, as you review
the lecture take notes on the graphic organizer:

9. Federalism Defined
Federalism is a system of government in which a written constitution divides the powers of government between the national, state and local government.

10. SECTION

11. Pair-Share
Why do you think the Framers came up with a federal system of government?

12. Why Federalism?
The Framers were dedicated to the concept of limited government. They were convinced
(1) that governmental power poses a threat to individual liberty,
(2) that therefore the exercise of governmental power must be restrained, and
(3) that to divide governmental power, as federalism does, is to curb it and so prevent its abuse.

13. The Supreme Law of the Land
The Supremacy Clause in the Constitution establishes the Constitution and United States laws as the “supreme Law of the Land.”
SECTION
Chapter 4, Section 1

14. Powers of the National Government

15. Delegated Powers
The National Government is a government of delegated powers, meaning that it only has those powers delegated (granted) to it in the Constitution. There are three types of delegated powers:
The expressed powers are those found directly within the Constitution.
The implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers.
The inherent powers belong to the National Government because it is the government of a sovereign state within the world community. There are few inherent powers, with an example being the National Government’s ability to regulate immigration.

16. Expressed Powers Congress has the power to coin money.
Expressed powers are written in the Constitution.

17. Implied Powers Discussion Question:
What can we imply the national government can do because they have the power to “coin money”?
Possible Answers:
Print more money
Change the color of the money
Change the design of the money

18. Inherent Powers
The power to control the country's borders, to give or refuse diplomatic recognition to other countries, to acquire new territories for national expansion, and to defend the government from revolutions.
The United States has inherent powers simply because it is a country in the world.

19. Powers Reserved to the States
The 10th Amendment declares that the States are governments of reserved powers.
The reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States. .

20. Examples of Reserved Powers
If the Constitution doesn’t say the National Government has the power, then the power belongs to the state.
Examples:
Establish public schools
Create and maintain highways
Conduct elections

21. Concurrent Powers
The concurrent powers are those powers that both the National Government and the States possess and exercise.
Examples: Some of the concurrent powers include the power to levy and collect taxes, to define crimes and set punishments for them, and to claim private property for public use.

22. Powers Denied to the National & State Governments

23. Powers are denied to the National Government in three distinct ways:
Some powers, such as the power to levy duties on exports or prohibit the freedom of religion, speech, press, or assembly, are expressly denied to the National Government in the Constitution.
Finally, some powers are denied to the National Government because the federal system does not intend the National Government to carry out those functions.
Also, some powers are denied to the National Government because the Constitution is silent on the issue.

24. Powers Denied to the States
Just as the Constitution denies many powers the National Government, it also denies many powers to the States.
Powers denied to the States are denied in much the same way that powers are denied to the National Government; both expressly and inherently

25. Examples of Powers denied to the Federal and State Governments
They cannot take away our rights from the first amendment (freedom of speech, religion, assembly, petition, press)
States cannot tax imports
The Federal Government cannot tax exports

26. The Division of Powers
The federal system determines the way that powers are divided and shared between the National and State governments.
Chapter 4, Section 1

27. The US Federal System: Layer Cake or Marble Cake?
NATIONAL
STATE
LOCAL
SECTION

28. Slices from the Marble Cake
Function
Traditionally a function of…
How the Marble Gets Mixed
Setting education policy
State Government
Today, the federal government threatens to withhold education funds from states that fail to implement No Child Left Behind.
Setting speed limits
In 1974, the federal government threatened to withhold highway funds from any state that did not lower their speed limit to 55 mph. All 50 states complied (since repealed).
Establishing drinking ages
In 1984 the federal government threatened to withhold highway construction funds from any state that did not raise their minimum drinking age to 21. All 50 states complied.

29. Wrap-up Questions
Why might different needs be addressed by different levels of government?
What are some different needs that should be addressed by the different levels of government?
Why might it be important for a citizen to understand the different functions of the three levels of government?

30. Turn your paper over
Using your textbook or the internet to complete the graphic organizer: Division of Powers

31. The End