1. Federalism: The Division of Power Chapter 4, Section 1 Wednesday October 21, 2015

2. Federalism Division of power between national, state, and local government. NATIONAL GOVERNMENT: United States STATE GOVERNMENT: Washington LOCAL GOVERNMENTS (Pierce County) (University Place)

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

4. Gov’t Powers Delegated (Expressed) Powers In the Constitution Given to the nat’l gov’t Implied Inherent Reserved Powers NOT in the Constitution Left for the states (10 th Amendment) Concurrent Powers Shared by both nat’l and state gov’ts

5. 1. Expressed Powers These powers are stated in the constitution (Article 1, Section 8) Gives federal government 27 powers which include things like: tax, print money, regulate interstate commerce, declare war, control armed forces, etc etc.

6. 2. Implied Powers Not specifically stated in the constitution but reasonably suggested by the expressed powers

7. Where do the implied powers come from? Art 1, Sec 8, Clause 18 Congress has the power: “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.” This is sometimes called the elastic clause or the necessary and proper clause. Ex. Air Force, Space Program, Social Security, Food Stamps etc etc.

8. 3. Inherent Powers Powers that belong to the government because it is in charge of the country. Or These powers exist because the USA exists. Powers include: regulate immigration, deport aliens, acquire territory, grant diplomatic recognition, protect the country from rebellion

10. Federal Powers Denied Specifically listed Limit civil liberties promised in Bill of Rights Levy duties on exports Not in the Constitution (reserved for states) Marriage/Divorce Public Schools Cannot pass laws that would threaten the system Federal gov’t cannot tax states

11. II. RESERVED POWERS Promised to anti-federalists to help gain support of the Constitution Amendment 10 “If it is not found in the Constitution then it is a power of the states.”

12. What kind of laws can states enact? (almost anything) Marriage age, sale of pornography, permit or prohibit gambling, lawyer/teacher licenses, public schools, land use, utilities, drinking age, etc etc etc. Most things government does are done by the states, not the fed.

13. Why is the drinking age 21 in almost all states?

14. Why is there a maximum federal speed limit on roadways?

15. Federal funds are used to “encourage” state laws.

16. Powers denied to States Can’t print money Can’t make alliances Can’t tax the federal government Can’t deprive a person of life liberty or property without due process of law

17. III. Concurrent Powers (Overlap) Some powers are shared or overlap between the federal government AND the states at the same time Ex: tax, borrow money, establish courts, define crimes, environment and health standards, establish a police force, protect national borders

18. What if the laws conflict? The Supremacy Clause (Art 6, Sec 2) In a nutshell, the Constitution is #1, acts of congress and treaties are #2, then the state laws are #3.

19. Government Powers (Division of Powers) National Government Powers Granted Delegated (Expressed) Powers 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

20. Government Powers (Division of Powers) National Government Powers Granted Delegated Powers 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

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

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

23. Government Powers (Division of Powers) State Government Powers Granted Reserved Powers 10 th Amendment Reserved Powers: 10 th 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.

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

25. Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Concurrent Powers Denied Both 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

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

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

28. The Supremacy Clause (Article VI, Section 2) City and County Laws State Statues (laws) State Constitutions Acts of Congress 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.”