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

Federalism: Federalism: The Division of PowerThe Division of PowerChapter 4, Section 1

Wednesday October 21, 2015

Federalism

• Division of power between national, state, and local government. • NATIONAL GOVERNMENT: United States

• STATE GOVERNMENT: Washington• LOCAL GOVERNMENTS

• (Pierce County)• (University Place)

Government PowersGovernment Powers(Division of Powers)(Division of Powers)

National Government

StateGovernment

Powers Granted

Powers Denied

Delegated(Expressed)

Powers

Reserved Powers

Concurrent Powers

ExpressedImpliedInherent

10th Amendment

Denied National Denied States

Denied Both

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 (10th

Amendment)• Concurrent Powers

• Shared by both nat’l and state gov’ts

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.

2. Implied Powers

• Not specifically stated in the constitution but reasonably suggested by the expressed powers

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.

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

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/DivorcePublic Schools

Cannot pass laws that would threaten the system

Federal gov’t cannot tax states

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.”

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.

Why is the drinking age 21 in almost all states?

Why is there a maximum federal speed limit on roadways?

Federal funds are used to “encourage” state laws.

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

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

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.


National Government

Powers Granted

Delegated(Expressed)

Powers


Expressed:Spelled out in the Constitution•Article I, Section 18•18 clauses giving 27 powers

•Tax•Coin money•Regulate trade•Declare war•Grant patents


National Government

Powers Granted

Delegated Powers


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


National Government

Powers Granted

Delegated Powers


Inherent:Not written in Constitution, but belong to national governments•Regulate immigration•Grant diplomatic recognition to nations•Protect the nation


National Government

Powers DeniedDenied National

Denied:Expressly denied: •Infringe on rights (speech, press, etc.)Silence in Constitution:•Only has delegated powersDenied in Federal System:•Can’t tax states


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.


StateGovernment

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


National Government

StateGovernment

Powers Granted

Powers Denied

Concurrent Powers

Denied BothConcurrent:Both States and National have these powersMay be exercised separately and simultaneously•Collect taxes•Define crimes•Condemn or take private property for public use


National Government

StateGovernment

Powers Granted

Powers Denied

Concurrent Powers

Denied Both

Denied Both:Both States and National have been denied these powers•Violate rights of citizens


National Government

StateGovernment

Powers Granted

Powers Denied

Delegated Powers

Reserved Powers

Concurrent Powers


10th Amendment

Denied National Denied States

Denied Both

EXCLUSIVE

EXCLUSIVE

The Supremacy ClauseThe Supremacy Clause(Article VI, Section 2)(Article VI, Section 2)

City and County Laws

State Statues (laws)

State Constitutions

Acts of Congress

United States Constitution

The U.S. The U.S. ConstitutioConstitutio

n is the n is the “Supreme “Supreme Law of the Law of the

Land.”Land.”

If there is a conflict

between a lower law and a higher one, the

higher one “wins.”

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

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