Presentation on theme: "Federalism A system in which powers are divided between national, state, and/or regional governments."— Presentation transcript:
1 FederalismA system in which powers are divided between national, state, and/or regional governments
2 History of Federalism E Pluribus Unum: out of many states, one nation Articles of ConfederationConstitutional Convention
3 Federalism in the Constitution Supremacy Clause – declares Constitution and any laws passed under it to be “supreme law of the land”National government has authority over state governmentsNational laws prevail in disputesThe word federalism does not appear in the Constitution…but the framers helped create a federalist system in the way the document divides powers.Article IV Focuses on the relationship between state and national governmentArticle VI of the Constitution declares that the Constitution and any laws passed under it form the “supreme Law of the Land” in a passage called the supremacy clause. This clause implies that the national government has authority over the state governments.
4 So, who has the power? Delegated powers Reserved powers (enumerated) -Article 1 Section 8-Powers specifically given to the national governmentExamples:Declare warCoin moneyLevy taxesRegulate interstate commerceReserved powers-powers KEPT by the statesExamples:Establish local governmentsEstablish schoolsRegulate intrastate trade
5 The national government (specifically the Legislative Branch) has implied powers. The Elastic Clause: (Article 1 Section 8 Clause 18) Congress has power to do anything “necessary and proper” to carry out its duties.But wait, the national government has more powers than those listed in Article 1 Section 8, right?The national government is not limited to the enumerated powers. At the end of Article I, Section 8, the Constitution also grants Congress the power to do anything “necessary and proper” to carry out its duties. This clause is known as the necessary and proper clause or the elastic clause because of its mutability. Because the powers bestowed by this clause are implied rather than stated, they also are known as implied powers.
6 And they share…concurrent powers Powers given to both national and state governments Examples: Tax Establish courts Establish highways
8 -Complex: many governments to deal with Disadvantages-Complex: many governments to deal with-Duplication of offices & function-conflicts of authorityAdvantages-Less concentration of political power-Keeps government close to people-Ideally suited to large geographic areas as it allows for diversity at local levelDisadvantages-Complex: many governments to deal with-Duplication of offices & function-conflicts of authority may arise