FederalisFederalismm

How does this system divide How does this system divide powers between a central powers between a central

government and state government and state governments?governments?

What is What is Federalism?Federalism?•A system of government where A system of government where

powers are equally divided powers are equally divided between state and local between state and local governmentsgovernments

•Provides specific powers for the Provides specific powers for the national level and the state levelnational level and the state level

•No one level, acting alone, can No one level, acting alone, can change those powerschange those powers

1010thth Amendment Amendment““The powers not delegated to the The powers not delegated to the United States by the Constitution, nor United States by the Constitution, nor prohibited by it to the States, are prohibited by it to the States, are reserved to the States respectively, or reserved to the States respectively, or to the people.” to the people.”

____________________________________________________________________________________________________________________________________________

•What does this mean?What does this mean?•Why is the 10Why is the 10thth Amendment Amendment important to preserving important to preserving federalism?federalism?

Division of Division of PowersPowers• Delegated Powers – granted to the Delegated Powers – granted to the

United States government through United States government through the Constitutionthe Constitution– Express PowersExpress Powers– Implied PowersImplied Powers– Inherent PowersInherent Powers

• Reserved Powers – granted to the Reserved Powers – granted to the state governments by the United state governments by the United States ConstitutionStates Constitution

• Concurrent PowersConcurrent Powers

Expressed PowersExpressed Powers•Powers Powers expressly expressly written in the written in the

ConstitutionConstitution– Collect taxesCollect taxes– Regulate foreign tradeRegulate foreign trade– Maintain an armed forces (military)Maintain an armed forces (military)– Declare warDeclare war– Coin moneyCoin money– Special powers to the presidentSpecial powers to the president

•Pardons, make treaties, command the Pardons, make treaties, command the armyarmy

Implied PowersImplied Powers•Powers not written in the constitution, Powers not written in the constitution,

but are reasonably implied by powers but are reasonably implied by powers that are.that are.– Necessary and Proper Clause (elastic Necessary and Proper Clause (elastic

clause)clause)•“…“…to make all laws which shall be necessary to make all laws which shall be necessary and proper for carrying into execution the and proper for carrying into execution the foregoing powers, and all other powers vested foregoing powers, and all other powers vested by this Constitution in the Government of the by this Constitution in the Government of the United States, or in any department or officer United States, or in any department or officer there of.”there of.”

•Allows the government to create powers Allows the government to create powers that are required to carry out their dutiesthat are required to carry out their duties

Examples of Implied Examples of Implied PowersPowers•Interstate Highway SystemsInterstate Highway Systems

•Creating hydroelectric damsCreating hydroelectric dams•Creating federal crimesCreating federal crimes

–KidnappingKidnapping–GamblingGambling–Drug and Alcohol crimesDrug and Alcohol crimes

•Discrimination against peopleDiscrimination against people

Inherent PowersInherent Powers•Powers that all national Powers that all national

governments have historically governments have historically possessedpossessed

•Not written in the ConstitutionNot written in the Constitution– Regulate ImmigrationRegulate Immigration– Deport illegal immigrantsDeport illegal immigrants– Acquire TerritoryAcquire Territory– Recognizing other states as countriesRecognizing other states as countries– Protect the nation against coups and Protect the nation against coups and

spiesspies

State PowersState Powers• Powers given to the States are known Powers given to the States are known

as as Reserved PowersReserved Powers..• Powers not given to the National Powers not given to the National

government, but also not given to the government, but also not given to the state government state government

• 1010thth Amendment: Amendment:– ““The powers not delegated to the United The powers not delegated to the United

States by the Constitution, nor prohibited States by the Constitution, nor prohibited by it to the States, by it to the States, are reserved to the are reserved to the States respectivelyStates respectively, or to the people.”, or to the people.”

Reserved PowersReserved Powers• States can create laws simply because States can create laws simply because

the Constitution doesn’t say they cannot.the Constitution doesn’t say they cannot.– Marriage lawsMarriage laws– Driving lawsDriving laws– Licensing (plumbers, hairdressers, lawyers)Licensing (plumbers, hairdressers, lawyers)– Creating public school systemsCreating public school systems– College and University systemsCollege and University systems– GamblingGambling

• Ehrlich and slot machinesEhrlich and slot machines

• The United States government can’t The United States government can’t created these laws because the created these laws because the Constitution doesn’t given them the Constitution doesn’t given them the power to.power to.

Exclusive and Concurrent Exclusive and Concurrent PowersPowers

•Exclusive – powers only given to Exclusive – powers only given to the National Governmentthe National Government– Coin moneyCoin money– Regulate tradeRegulate trade

•Concurrent – powers shared by the Concurrent – powers shared by the national and state governmentsnational and state governments– Collect taxesCollect taxes– Create and enforce lawsCreate and enforce laws– Eminent domain Eminent domain