FederalismWhat is the definition?

Why Federalism?•The Framers needed to create a central

government strong enough to meet the nation’s needs and, at the same time, preserve the strength of the existing states

•Limited Government provided this!

Federalism• Federalism

▫ A division of power between the central and state governments

• Each level has its own powers!

• The Constitution creates a division of powers▫ It assigns certain powers to

the NATIONAL government and certain powers to the STATES

• Spelled out in the 10th Amendment▫ A dual system of government

Two basic levels each with its own sphere of authority

Federalism allows and encourages: Local action in matters of

local concern National action in matters

of national concern

Type of Government• Federal• State• Local• County• Municipality• Township• School District• Other Special

District• Total

Number of Govs1

50

3,04319,37216,62913,72634,683

87,504

Each State is Unique!•1/3 of the States are directly involved in the

liquor business•In 48 states, gas stations are self-service

▫New Jersey and Oregon don’t allow you to pump your own gas

•North Dakota doesn’t require voters to register

•Nebraska has a unicameral legislature•Oregon allows physician-assisted suicide•Alaska, Delaware, New Hampshire, Montana,

and Oregon do not impose a general sales tax•Connecticut, Iowa, Mass., NH, NY, and

Vermont allow same-sex marriage

Powers of the NATIONAL Government•National Government has Delegated Powers

which are granted to it in the Constitution•Three Types:

1. Expressed (Enumerated) Powers – spelled out or written, expressly, in the Constitution

▫ Most are in Article I, Section 8▫ Include:

Power to coin money To set and collect taxes Regulate foreign and interstate commerce Maintain an army Declare war Etc.

2. Implied Powers – not expressly stated in the Constitution but are reasonably suggested (implied) by the expressed powers

▫ Article I, Section 8, Clause 18▫ Called the “Elastic Clause”

Because over time it has been stretched to cover so many situations

3. Inherent Powers – those powers that belong to a national government because they are essential to what a government does!

▫ Power to: Regulate immigration To acquire territory Grant diplomatic recognition to other states Protect the nation against rebellion or overthrow

Powers Denied to the National Gov.•Constitution denies certain powers in

three ways:1. Expressly stated in Constitution

▫ Freedoms in Bill of Rights can’t be taken2. Silence of the Constitution

▫ Gov has only the powers the Constitution gives

▫ No power to set up national school system▫ No power to enact national marriage laws

3. Denied by Federal System▫ Can’t do anything to threaten fed. system▫ Can’t tax states for carrying out gov.

functions

Reserved Powers◦ 10th Amendment◦ Those powers that the Constitution does not grant

to the Nat’l Gov and doesn’t deny to the states Ex: marriage, driving, gambling laws

Powers Denied to the States◦ Expressly stated in the Constitution◦ Can not threaten the Federal system◦ State Constitutions deny some powers

Powers of the STATE Governments

And Now Some Relationship Info from the Expert….• An Exclusive Relationship • NOT an Exclusive

Relationship

•The Exclusive Powers▫Those that can be exercised exclusively by

the national government (includes most of the delegated powers)

▫Under no circumstances can they be exercised by the states

•The Concurrent Powers▫Powers the national and states

governments both possess and exercise▫Powers are held separately and

simultaneously▫Ex: Tax

National GovernmentDelegated Powers Powers Denied

1. Expressed Powers2. Implied Powers3. Inherent Powers

1. Expressly stated in Constitution2. Silence of Constitution3. Denied by Federal System

State GovernmentsReserved Powers Powers Denied

10th AmendmentEx: marriage, school systems, driving

1. Expressly stated in Constitution2. Denied by Federal System3. State Constitutions deny some powers

Coin moneyRegulate interstate and foreign

tradeEstablish foreign policyEstablish post offices

Govern territories and admit new states

Grant patents and copyrightsMaintain armed forces

Declare war and make peaceEstablish immigration and

naturalization lawsElastic Clause

Establish and maintain schools

Establish local governmentsRegulate business within the

stateMake marriage laws

Provide for public safety10th Amendment

Exclusive Powers of the Nat’l Gov

Concurrent Powers

Reserved Powers of the State Gov’s

Maintain law and orderLevy taxes

Borrow moneyCharter banks

Establish courtsProvide for

public welfareBuild roads

Local Laws

State Statutes

State Constitutions

Acts of Congress and Treaties

US Constitution

Supremacy Clause

Article VI