1. Federalism is Fabulous
Unit 2: Lesson 1

2. Main Idea
The framers sought to create a central government strong enough to meet the nation’s needs and still preserve the strength of the states.

3. Federalism vs. Separation of Powers
Federalism is the separation of a central government and local or state governments
Separation of Powers: The separation of CENTRAL GOVERNMENT between three branches: executive, legislative, and judicial

4. Why federalism? The founding father’s favored self-government
Disliked England’s strong central government
But, The Articles of Confederation proved too weak to deal with many problems facing the nation

5. Framers were convinced…
1. Governmental powers provide a threat to individual rights
Therefore the excersice of government must be restrained
To divide powers helps control governmental power

6. Federalism Defined
A system of government in which a written constitution divides the powers of government on a territotial basis between a central, or national, government and several regional government, usually called states or provinces

7. Certain powers are at a national, federal level
Some powers are for the states only
Two levels of government
Each operating over the same people

8. Some examples
In New Jersey and Oregon motorists cannot pump their own gas
Alaska, Deleware, New Hampshire, Montana and Oregon do not have sales tax
North Dakota does not make you register to vote

9. Powers of National Government
Delegated Powers: National government only has powers granted by the Constitution
3 types:
-expressed
-implied
-inherheint

10. Expressed powers Spelled out in Constitution
Also called “enumerated powers”
Most in Article I, Section 8
27 powers
Taxes
Coin money
Regulate foreign trade
Armed forces
Declare war
Weights and measures
Patents and copywrites

11. Implied Powers Not expressly stated but reasonably suggested
Necessary and proper or elastic clause
Article 1, Section 8, Clause 18
Example interstate highway
“ 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 United States, or in any Department or Officer thereof.”

12. Inherent Powers
Belong to National government because it is a sovereign state within the world community
Just because we are a country
I.e.
Regulate immigration
Acquire territory
Give recognition to other “states” or countries

13. Expressed

14. Implied

15. Inherent

16. Powers Denied to the National Government as written in the Constitution
May not levy duties on exports
Prohibit freedom of religion, speech, press or assembly
Cannot conduct illegal search and seizures

17. Powers denied to Congress through silence in the Constitution
Anything not delegated, the government can’t do
For example, no national schools, marriage or divorce laws
Can’t do anything that would change the structure of National Government

18. Powers reserved to the States
Reserved powers are powers not given to the government and not denied to the states.
States CAN forbid people under 18 to get married
Can outlaw prostitution or gambling
Regulate services of public offices
MOST OF WHAT GOVERNMENT DOES TODAY IS DONE BY THE STATE

19. Powers denied to the States
No state can enter into any treaty, alliance or confederation
Cannot print their own money
Other powers denied are in individual state constitutions