Senior Social Studies

*Federalism

*Types of Local/State

Government Arrangements

*A Unitary System

*Central government gives power to sub-national governments (counties, provinces, etc.).

*Local governments typically have only those powers granted to them by the central government, rather than any reserved powers.

*Especially important is the central government’s role of provider of funds.

*Confederation System*Power is retained by

local or regional governments.

*Example: The EU (European Union). Each country has ultimate power within the system although there is an EU parliament and other institutions that set a common European policy.

*A Federal System

*Divides power between the national and lower level governments.

*Each government has distinct powers that the other governments cannot override.

*Examples: Australia, Brazil, Canada, Germany, India, Mexico, and the United States.

*Why Federalism?

*The authors of the Constitution wanted to combine a central government strong enough to maintain order with strong states.

*The large geographical size of a country.

*State governments have served as training grounds for national politicians and as laboratories in which new ideas can be tested.

*Federalism Example video (start at 2:55)

*Division of Power in our

Federal System

*Government Powers

(Division of Powers)

National Government

StateGovernment

Powers Granted

Powers Denied

Delegated Powers

Reserved Powers

Concurrent Powers

Expressed

Implied

Inherent

10th Amendment

Denied National Denied States

Denied Both

*Government Powers

(Division of Powers)

National Government

Powers Granted

Delegated 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

*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

*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

*Government Powers

(Division of Powers)

National Government

Powers DeniedDenied to National:

Expressly denied:

•Infringe on rights (speech, press, etc.)

Silence in Constitution:

•Only has delegated powers

Denied in Federal System:

•Can’t tax states

*Government Powers

(Division of Powers)

StateGovernment

Powers Granted

Reserved Powers

10th AmendmentReserved 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.

*Government Powers

(Division of Powers)

StateGovernment

Denied States:

Constitution denies certain powers to state, because they are NOT a federal government.

• Make treaties

• Print money

• Deny rights to citizens

Powers Denied

National Government

StateGovernment

Concurrent Powers

*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

*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. Constitutio

n is the “Supreme Law of the

Land.”

If there is a conflict

between a lower law and a higher one,

the higher one “wins.”

*However…*Article IV of the Constitution attempts to resolve

potential problems between states by stipulating the following:

*Full faith and credit clause—states must honor actions of other states.

*Privileges and immunities

*Interstate extradition

*Interstate compacts

The Evolution and Development of

Federalism*The allocation of powers in our federal system has changed dramatically over the years.

*The Supreme Court in its role as interpreter of constitution has been a major player in the redefinition of our Federal system.

*McCulloch v. Maryland (1819)

*Gibbons v. Ogden (1824)

*Dred Scott v. Sandford (1857)

*McCulloch v. Maryland (1819)

*McCulloch was the first major decision by the Supreme Court under Chief Justice John Marshall about the relationship between the states and the national government.

*The Court upheld the power of the national government to establish a national bank and denied the right of a state to tax the bank. “The power to tax is the power to destroy.”

*The Court’s broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers.

*Changing Federalism

use Apex curriculum