Federalism

• The US Constitution was founded on 5 principles

– What was the goal?

• To make a country that would exist forever!

5 Principles of Constitution

Limited Government

Separation of Powers

Checks and Balances

Federalism

Popular Sovereignty

Let’s Focus on Federalism• The division of power between State and

National Governments– Best of both worlds…. Sort of.

– How does it work? • The National Government has the “supreme

power” over all of the states

• BUT, states have rights guaranteed to them as well.

3 Types of Organization• Unitary System

– Federal government makes all decisions• Lower levels must do what they are told

• Confederal System– Federal government is very weak

• Usually only has 1 branch• State governments are powerful

– States only work together towards common goals

• Federal System– Federal Government shares powers with lower governments

Powers of the federal government given by the Constitution

• 3 powers:

– Expressed powers• Powers written specifically in the Constitution

– Implied powers• Powers that are suggested in the Constitution by the expressed

powers

– Inherent• Powers that naturally belong to any government of a sovereign

nation.

Expressed Powers• Powers that the Constitution specifically grants to

the federal government

• Examples:– Article I, Section 8

• Lists expressed powers of the legislative branch– Make laws– Regulate trade– Declare war, etc.

– Article II, Section 2• POTUS is the Commander in Chief

– Article III, Section 2• Supreme Court has final say on all cases concerning

Constitutional rights.

Implied Powers• Powers suggested by the expressed powers

of the US Constitution

• Examples: – Article I, Section 8

• Gives Congress power “to make all laws which shall be necessary and proper”

– Necessary to ensure they can do their job.

• Sometimes called the elastic clause– Allows Congress to ‘stretch’ its authority in ways not

specifically granted or denied

Inherent Powers• Powers that naturally belong to any

sovereign government

– Not mentioned directly in the Constitution

– Examples: • Right for our government to deal with other foreign

affairs– Such as United Nations, NATO, etc.

Powers Given to State Governments by the US Constitution

• Reserved Powers– Powers given directly to

state governments• Examples:

– Regulate trade within a state

– Establish local governments

– Conduct local elections

– Establish public school systems

Powers shared by federal and state governments

• Concurrent Powers

– Powers possessed by both federal and state governments.

– Examples:• Both federal and states can:

– Establish and enforce laws– Collect taxes– Borrow money

State Obligations to One Another

• Article IV, Section 1 – Full Faith and Credit clause

• Requires that states normally honor the public acts and judicial decisions that take place in another state.

• Article IV, Section 2– Privileges and Immunities clause

• States cannot discriminate against someone from another state or gives its own residents special privileges

» Can we think of issues where this is not the case?

What about local governments?• Local governments are not mentioned in

the U.S. Constitution– They are created by state governments

• Created to make states run more conveniently– Usually labeled by county or parish

» Some large cities are outlined

– Home rule• Some powers are delegated by the state to local

level governments to manage its own affairs– City laws– Public works– Basic public services

As a review… • Powers within the

Constitution

– Expressed powers

– Implied powers

– Inherent powers

– Reserved powers

– Concurrent powers

– Defeat all Commies!!!