2 Federalism Definition—which of the following? Division of Powers… Benefits?Diversity of decision making
3 Why Federalism? Federalism made sense—why? Middle ground choice Unitary too strong—confederation too weakCreated new strong central gov’t, but at the same time allow the states to have some powerKept gov’t limited by distributing power to the statesPeople’s role—the people created both the state gov’t and the national gov’t—reflected the idea of Popular SovereigntyMultiple decisions—states act like laboratories of democracyE.g., think of Massachusetts health care v. ObamaCare
5 Powers of the National Gov’t Delegated PowersGiven to the national gov’t by the ConstitutionThree types:Expressed Powers (also called enumerated powers)Explicitly written in the Constitution (in black and white)For CongressFound where?Examples?Collect taxes, coin money, regulate foreign commerce and interstate trade, raise and maintain armed forces, etc.For the PresidentCommander in chief, grant pardons, appoint many federal officialsAmendments16th Amendment, 18th Amendment, etc.
6 Powers of the Federal Gov’t Implied PowersNot expressly stated by are reasonably suggestedConstitutional Basis?Art I, Sec. 8, P 18 (The Necessary and Proper Clause, a.k.a. the Elastic Clause)“The Congress shall have 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 in the Government of the United States, or in any Department or Officer thereof.”ExamplesCommerce Clause: Powers…roads, dams, racial discrimination, crimes—all used the CC for justification.
7 Powers of the Federal Gov’t Inherent PowersDefinition: Powers that belong to the federal gov’t because it’s a sovereign state. Not expressly provided.ExamplesDeport illegal immigrants, grant recognition, protect against internal rebellion.
8 Powers Denied to the Fed Gov’t Ways to Deny…Expressly Denied—examplesArticle IImportation of slaves?Exports?Title of Nobility?The AmendmentsSpeech?Private property?Illegal Search and Seizure?Implied DeniedIf the Constitution doesn’t say the Feds can do it…Denied by Federal system…
9 Powers Denied to the Fed Gov’t Ways to DenySome powers, such as the power to levy duties on exports or prohibit the freedom of religion, speech, press, or assembly, are expressly denied to the National Government in the Constitution.Also, some powers are denied to the National Government because the Constitution is silent on the issue.Finally, some powers are denied to the National Government because the federal system does not intend the National Government to carry out those functions.
10 The States Expressed State Powers Article I Article II Article IV Allows states to determine time, place, and manner of electionsArticle IIState appoints electors for Electoral CollegeArticle IVPrivileges and immunities clause from 14th Amendment (“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States....”Republican form of government
11 Powers Reserved for the States Constitutional FoundationAmendment 10“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”ExamplesHistoric example SlaveryModern ExamplesRegulate trade within the state.Provide for the public health.Conduct elections and determine qualifications of voters.Establish a public school system.In charge of marriage laws.
12 Powers Denied to the States ExamplesTreatiesAlliancesPrint $Taxing fedsAmendmentsVoting Amendments, slavery amendments
13 Federal Supremacy and Federalism Potential ConflictSupremacy ClauseArticle 6, Section 2Says Constitution is “supreme law of the land”The Supreme Court’s RoleMcCulloch v. Maryland (1819)“the power to tax is the power to destroy”
14 Division of Powers Exclusive v. Reserved Powers Concurrent Powers Those that only the FG can do—coin money, regulate F/I trade, Raise armed forces, admit states, conduct foreign relationsConcurrent PowersShared by both—taxes, borrow, define punishmentsConcurrent Denied?Neither can…Grant titles of nobilityChange the Bill of RightsDeny due process of law
15 Clicker Review: Power of the Fed and State Gov’t A. Delegated B. Reserved C. Concurrentlicense professionalscollect taxesmake treatiescollect import taxesregulate interstate commercedeclare warfund and regulate educationcoin moneypunish counterfeitersfix standard weightsregulate sale of alcoholic beveragesnaturalize citizenscreate post officesenforce lawsregulate trade within a stateraise an armygrant copyrightsregulate marriage and divorceregulate gamblingmake traffic regulationsDefine crimes and punishments