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Federalism. Federalism: A system of government in which a written constitution divides the powers of government between central and states. Federalism:

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Presentation on theme: "Federalism. Federalism: A system of government in which a written constitution divides the powers of government between central and states. Federalism:"— Presentation transcript:

1 Federalism

2 Federalism: A system of government in which a written constitution divides the powers of government between central and states. Federalism: A system of government in which a written constitution divides the powers of government between central and states. Division of Powers - between the national government and the states. Division of Powers - between the national government and the states.

3 Powers of National Government Powers of National Government Delegated – powers granted by the Constitution Delegated – powers granted by the Constitution Expressed Powers Expressed Powers Implied Powers Implied Powers Inherent Powers Inherent Powers

4 Expressed Powers – spelled out in the Constitution (Enumerated Powers) Expressed Powers – spelled out in the Constitution (Enumerated Powers) Article I Section 8 Article I Section 8 Collect Taxes Collect Taxes Coin Money Coin Money Regulate Foreign Trade Regulate Foreign Trade Raise an Army Raise an Army

5 Implied Powers – not expressly stated but reasonably suggested or implied (Article I, Section 8, Clause 18 – “Necessary and Proper Clause” – Elastic Clause) Implied Powers – not expressly stated but reasonably suggested or implied (Article I, Section 8, Clause 18 – “Necessary and Proper Clause” – Elastic Clause) Building Dams Building Dams Building Highways Building Highways Identifying Crimes Identifying Crimes

6 Inherent Powers – Powers that over time all governments have. Inherent Powers – Powers that over time all governments have. Regulate immigration Regulate immigration Acquire Territory Acquire Territory Protect against rebellion Protect against rebellion

7 Powers Denied to Federal Government Powers Denied to Federal Government Either expressly denied: Either expressly denied: Take private property w/o compensation Take private property w/o compensation Prohibit free speech, press or assembly Prohibit free speech, press or assembly Silence of the Constitution Silence of the Constitution Create a public school system Create a public school system Enact uniform marriage and divorce laws Enact uniform marriage and divorce laws

8 Powers Reserved to the States (not granted but not denied) Powers Reserved to the States (not granted but not denied) Alcohol laws Alcohol laws Marriage laws Marriage laws Gambling laws Gambling laws Public Schools Public Schools

9 Powers Denied to States Powers Denied to States Coining $ Coining $ Deprive people of life, liberty or property Deprive people of life, liberty or property Enter into a treaty Enter into a treaty

10 Exclusive Powers – can be exercised by the National Government only. Exclusive Powers – can be exercised by the National Government only. Regulate interstate commerce Regulate interstate commerce Concurrent Powers – Shared Concurrent Powers – Shared Taxes Taxes Define crime and punishment Define crime and punishment

11 Supremacy Clause Supremacy Clause Constitution is the “supreme law of the land”. Constitution is the “supreme law of the land”. It over rules all other laws and state constitutions It over rules all other laws and state constitutions Supreme Court is the “umpire” of the Federal System. Supreme Court is the “umpire” of the Federal System. McCulloch v. Maryland McCulloch v. Maryland


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