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Federalism: The Division of Power

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1 Federalism: The Division of Power

2 Quiz 4.1 1- What Unit are we in?
2- Did the anti-federalists want to protect individual rights or the common good of the nation? 3- Name two of the arguments that the anti-federalists had against the federalists. 4- What was the biggest argument that the federalists had for why their form of government would be best? 5- Governments have layers. Please name each of the layers, and how each branch (legislative, executive, and judicial) is represented.

3 Government Powers (Division of Powers)
Powers Granted Expressed Implied Inherent 10th Amendment National Government State Government Delegated Powers Reserved Powers Concurrent Powers Denied Both Denied States Denied National Powers Denied

4 Government Powers (Division of Powers)
Powers Granted Expressed Implied Inherent Expressed: Spelled out in the Constitution Article I, Section 18 18 clauses giving 27 powers Tax Coin money Regulate trade Declare war Grant patents National Government Delegated Powers

5 Government Powers (Division of Powers)
Powers Granted Expressed Implied Inherent Implied: Not written in Constitution, but reasonably suggested Article I, Section 18, Clause 18 “necessary and proper” The Elastic Clause Build dams Highways & roads Determine crimes National Government Delegated Powers

6 Government Powers (Division of Powers)
Powers Granted Expressed Implied Inherent Inherent: Not written in Constitution, but belong to national governments Regulate immigration Grant diplomatic recognition to nations Protect the nation National Government Delegated Powers

7 Government Powers (Division of Powers)
Denied: Expressly denied: Infringe on rights (speech, press, etc.) Silence in Constitution: Only has delegated powers Denied in Federal System: Can’t tax states National Government Denied National Powers Denied

8 Government Powers (Division of Powers)
Powers Granted 10th Amendment Reserved Powers: 10th Amendment Not granted to Federal, but not denied to states. Legal marriage age Drinking age Professional license Confiscate property The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare. State Government Reserved Powers

9 Government Powers (Division of Powers)
Denied States: Constitution denies certain powers to state, because they are NOT a federal government. Make treaties Print money Deny rights to citizens State Government Denied States Powers Denied

10 Government Powers (Division of Powers)
Powers Granted National Government State Government Concurrent Powers Concurrent: Both States and National have these powers May be exercised separately and simultaneously Collect taxes Define crimes Condemn or take private property for public use Denied Both Powers Denied

11 Government Powers (Division of Powers)
Denied Both: Both States and National have been denied these powers Violate rights of citizens Powers Granted National Government State Government Concurrent Powers Denied Both Powers Denied

12 Government Powers (Division of Powers)
EXCLUSIVE Powers Granted Expressed Implied Inherent 10th Amendment National Government State Government Delegated Powers Reserved Powers Concurrent Powers Denied Both Denied States Denied National Powers Denied

13 The Supremacy Clause (Article VI, Section 2)
United States Constitution The U.S. Constitution is the “Supreme Law of the Land.” If there is a conflict between a lower law and a higher one, the higher one “wins.” Acts of Congress State Constitutions State Statues (laws) City and County Laws

14 Quiz 4.2 Arguments in favor of interpreting the Constitution in a way that gives more power to the National Government Arguments in favor of interpreting the Constitution in a way that gives more power to the State Government


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