1. Federalism

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 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

4. Number of U.S. Governments

5. 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
Commander in chief, grant pardons, appoint many federal officials
Amendments
16th Amendment, 18th Amendment, etc.

6. 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.

7. 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.

8. 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…

9. 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.

10. The States Expressed State Powers Article I Article II Article IV
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 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 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.

12. Powers Denied to the States
Examples
Treaties
Alliances
Print $
Taxing feds
Amendments
Voting Amendments, slavery amendments

13. 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”

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 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

15. 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