Federalism: The Division of Power

Carl JohnsonGovernment

Jenks High School

Federalism Federalism is a system of government in

which a written constitution divides the powers of government on a territorial basis between a central, or national government and several regional governments, usually called states or provinces

Each of these governments have their own powers

Federalism The American system of government is a

prime example of federalism There is a division of powers between the

national government and state government Certain powers are given to each These powers are spelled out in the Constitution

It is essentially a dual government

Powers of the National Government Our national government is a government of

delegated powers These powers are granted in the Constitution There are three types of delegated powers

Expressed Powers Implied Powers Inherent Powers

Expressed Powers Expressed powers are spelled out in the Constitution

Also called enumerated powers Most of the expressed powers are located in Article I

Section 8 of the Constitution In 18 clauses, 27 powers are given to Congress

(Legislative branch) Other expressed powers are set out in Article II,

Section 2 (Executive Branch) and Article III (Judicial Branch)

Implied Powers Implied powers are not expressly stated in the

Constitution, but are reasonably suggested or implied….

The Necessary and Proper Clause of the Constitution give the basis for implied powers Article I Section 8 Clause 18

It is sometimes called the Elastic Clause because it has been stretched to cover so many situations Prohibiting racial discrimination in housing

Inherent Powers Inherent powers belong to the National Government

because it is a government of a sovereign state within the world community

They are powers that the national government has historically possessed

They are few in number Power to regulate immigration Power to acquire territory Power to protect the nation against rebellion

Powers Denied to the National Government

Although the Constitution delegates powers to the National Government, it also denies the National Government certain powers in three ways In so many words (Expressly) Because of the silence of the Constitution Because of the federal system itself

Powers Denied to the National Government - Expressly Levy taxes on exports Prohibit freedom of speech, press, religion

and assembly Conduct illegal searches and seizures Deny to any person accused of a crime a

speedy and public trial or trial by jury

Powers Denied to the National Government –

Silence of the Constitution Power of the national government to create

a public school system for the nation Power to enact uniform marriage and

divorce laws Power to set up local governments

Powers Reserved to the States

The 10th amendment declares that the states are governments of reserved powers

Reserved powers are those powers that the Constitution does not grant to the National government and does not, at the same time, deny to the states Set laws for the purchase of tobacco and alcohol Permit forms of gambling Licensing process for various professionals Establish public schools Regulate public utilities

Powers Denied to the States

Some powers are denied expressly to the states States cannot make treaties, coin money or

deprive any person of life, liberty or property without due process of law

Some powers are denied inherently to the statesNo state can tax any of the agencies or

functions of the National Government

Exclusive Powers of the National Government

Most of the powers that the Constitution delegates to the National Government are exclusive powers that can be exercised by the National Government alone

They cannot be exercised by the States under any circumstances Power to make treaties Power to tax imports Power to regulate trade

Concurrent Powers of the National Government

Concurrent powers are powers that both the National Government and the States possess and exercise Power to levy and collect taxes Power to define crimes and set punishments for them Power to claim private property for public use

Concurrent powers are held and exercised simultaneously by the two basic levels of government

The Supremacy Clause

According to Article VI Section 2, the Constitution and the laws and treaties of the United States are the “supreme law of the land” This is known as the Supremacy Clause

The Supremacy Clause holds together the complex structure called the American federal system

The Supreme Court and Federalism

The Supreme Court is the umpire in the federal system It applies the Supremacy Clause to conflicts in

the federal system McCullough v. Maryland (1819) was the first

case to cite the Supremacy Clause The Court ruled that the Maryland courts had

erred in their conviction of McCullough

Revenue Sharing

Revenue sharing was a type of federal monetary aid that was in place from 1972 to 1987

Congress gave an annual share of the huge federal tax revenue to the States and their cities, counties and townships

Over $83 billion total during those years No strings were attached and the program was

quite popular Was eliminated due to the huge deficit of the

National Government

Types of Federal Grants

Today, there are three types of federal grants-in-aid

Categorical grants are made for some specific, closely defined purpose and are usually with strings attached

Ex. School lunchesBlock grants have been widely used over the last several

years and are much more broadly defined than Categorical grants because they have fewer strings attached

Ex. Health careProject grants are made to States, localities and

sometimes private agencies that apply for themEx. Workforce Tulsa