Federalism Definition—which of the following? Division of Powers… Benefits? – Diversity of decision making
Why Federalism? Federalism made sense—why? – Middle ground choice Unitary too strong—confederation too weak Created new strong central gov’t, but at the same time allow the states to have some power – Kept gov’t limited by distributing power to the states – People’s role—the people created both the state gov’t and the national gov’t—reflected the idea of Popular Sovereignty – Multiple decisions—states act like laboratories of democracy E.g., think of Massachusetts health care v. ObamaCare
Powers of the National Gov’t Delegated Powers – Given to the national gov’t by the Constitution Three types: – Expressed Powers (also called enumerated powers) Explicitly written in the Constitution (in black and white) – For Congress » Found where? » Examples? Collect taxes, coin money, regulate foreign commerce and interstate trade, raise and maintain armed forces, etc. – For the President » Found where? » Examples? Commander in chief, grant pardons, appoint many federal officials – Amendments » Examples? 16 th Amendment, 18 th Amendment, etc.
Powers of the Federal Gov’t Implied Powers – Not expressly stated by are reasonably suggested – Constitutional 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.” – Examples Commerce Clause: Powers…roads, dams, racial discrimination, crimes—all used the CC for justification.
Powers of the Federal Gov’t Inherent Powers – Definition: Powers that belong to the federal gov’t because it’s a sovereign state. Not expressly provided. – Examples Deport illegal immigrants, grant recognition, protect against internal rebellion.
Powers Denied to the Fed Gov’t Ways to Deny… – Expressly Denied—examples Article I – Importation of slaves? – Exports? – Title of Nobility? The Amendments – Speech? – Private property? – Illegal Search and Seizure? – Implied Denied If the Constitution doesn’t say the Feds can do it… – Denied by Federal system…
Powers Denied to the Fed Gov’t Ways to Deny – Some 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.
The States Expressed State Powers – Article I Allows states to determine time, place, and manner of elections – Article II State appoints electors for Electoral College – Article IV Privileges and immunities clause from 14 th 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
Powers Reserved for the States – Constitutional Foundation Amendment 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” – Examples Historic example Slavery Modern Examples – Regulate 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.
Powers Denied to the States Examples – Treaties – Alliances – Print $ – Taxing feds – Amendments Voting Amendments, slavery amendments
Federal Supremacy and Federalism Potential Conflict – Supremacy Clause Article 6, Section 2 Says Constitution is “supreme law of the land” The Supreme Court’s Role – McCulloch v. Maryland (1819) “the power to tax is the power to destroy”
Division of Powers Exclusive v. Reserved Powers – Those that only the FG can do—coin money, regulate F/I trade, Raise armed forces, admit states, conduct foreign relations Concurrent Powers – Shared by both—taxes, borrow, define punishments Concurrent Denied? – Neither can… Grant titles of nobility Change the Bill of Rights Deny due process of law
Clicker Review: Power of the Fed and State Gov’t A. Delegated B. Reserved C. Concurrent license professionals collect taxes make treaties collect import taxes regulate interstate commerce declare war fund and regulate education coin money punish counterfeiters fix standard weights regulate sale of alcoholic beverages naturalize citizens create post offices enforce laws regulate trade within a state raise an army grant copyrights regulate marriage and divorce regulate gambling make traffic regulations Define crimes and punishments