Federalism What is the definition?. Why Federalism? The Framers needed to create a central...
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Transcript of Federalism What is the definition?. Why Federalism? The Framers needed to create a central...
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 Govs150
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 Government
Delegated 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 governments
Regulate business within the state
Make marriage lawsProvide for public safety
10th 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