Federalism:Federalism: The division oF PowerThe division oF Power

How did the US Constitution create a federal system of

government?• The Constitution organized government

in a new way. • It created a federal system of

government. The Constitution gives certain powers

only to the national government

and certain powers only to the states.

Federal System

• There are also certain powers that federal and state government share powers.

• All other powers are kept by the people.

What is a federal system of government?

• According to the natural rights philosophy, the people have a right to create a government.

Photo from iep.utm.edu

What was the name of the philosopher whose natural rights philosophy influenced the Founding Fathers?

John Locke

“We the People…”

• The Constitution begins with the words “We the People”.

• The people have created a government and have given it the authority to govern them.

• In return, government is responsible for protecting the people’s rights to...

• Life• Liberty• Property

The People

The Constitution protects the rights of the

people from the government.

Constitution

The People

Government

The constitution is a social contract between We the People and the

government.

The Constitution creates limits and guidelines for the

government in order to protect the people

from an abuse of power.

It all starts with the people…

Sovereign

• The people remain sovereign at all times.

What does sovereign mean?• Sovereign means to have the highest

rank of authority. • The people have ultimate authority to

control government.• This is where the term “popular

sovereignty” comes from.

So how is power divide between the federal and state governments?

• There are different kinds of powers:• Expressed powers

• Powers that are listed

• Reserved powers • Powers specifically given the state government

• Concurrent powers • Powers shared by the federal and state

governments

• Powers denied

Expressed Powers Expressed Powers

Powers GrantedExpressed:

Spelled out in the Constitution

•Article I, Section 8

•18 clauses giving 27 powers

•Tax

•Coin money

•Regulate trade

•Declare war

•Grant patents

Powers of the Federal Government

Article I, Section 8

What About Article I, Section 8, What About Article I, Section 8, Clause 18?Clause 18?

This is what is known as the “elastic clause” or implied powers.

Implied:

Not written in Constitution, but reasonably suggested

•Article I, Section 8, Clause 18

•“necessary and proper”

•The Elastic Clause

•Build dams

•Highways & roads

•Determine crimes

Article I, Section 8, Clause 18

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 in the Government of the United States, or in any Department

or Officer thereof.Question for Discussion:

Why might some people have a problem with the “elastic clause”?

Reserved Powers Reserved Powers

Reserved 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.

Powers of the State Governments

Amendment X (10)

Concurrent Powers Concurrent Powers

Concurrent:

The national and state governments share these powers

May be exercised separately and simultaneously

•Collect taxes

•Define crimes

•Condemn or take private property for public use

Powers of the Federal

Government

Article I, Section 8

Powers of the State

Governments

Amendment X (10)

Concurrent Powers

•Collect taxes

•Define crimes

•Condemn or take private property for public use

Powers are expressly given to the federal government and reserved to the states.

Concurrent powers are where the national and state government meet in the middle

and share power.

Powers Denied Powers Denied

Denied Federal Government:

Expressly denied:

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

Silence in Constitution:

•Only has delegated powers

Denied in Federal System:

•Cannot tax states

Denied State Governments:

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

•Make treaties

•Print money

•Deny rights to citizens

Denied Both:

Both state governments and national government have been denied the power to violate rights of citizens

What protects the rights of the people from the government?

So What Does It All Look Like?

Powers of the Federal

Government

Article I, Section 8

Powers of the State

Governments

Amendment X (10)

Concurrent Powers

•Collect taxes

•Define crimes

•Condemn or take private property for public use

Powers Denied to the Federal Government

Powers Denied to the State Governments

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. Constitution Constitution

is the 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.”