Federalism: The Division of Power Chapter 4, Section 1 American government

Government Powers (Division of Powers) Powers Granted Expressed Implied Inherent 10th Amendment National Government State Government Delegated Powers Reserved Powers Concurrent Powers Denied Both Denied States Denied National Powers Denied

Government Powers (Division of Powers) Powers Granted Expressed Implied Inherent Expressed (enumerated powers): Spelled out in the Constitution Article I, Section 8 18 clauses giving 27 powers Tax Coin money Regulate trade Declare war Grant patents National Government Delegated Powers

Necessary and Proper Clause “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 of Office thereof.” Article 1 Section 8 1. What does this mean?

Government Powers (Division of Powers) Powers Granted Expressed Implied Inherent Implied: Not written in Constitution, but reasonably suggested Article I, Section 8, Clause 18 “Necessary and proper” The Elastic Clause Build dams Highways & roads Determine federal crimes National Government Delegated Powers

Government Powers (Division of Powers) Expressed Implied Inherent Powers Granted Inherent: Not written in Constitution, but belong to national governments Regulate immigration Acquire Territory Grant diplomatic recognition to nations Protect the nation National Government Delegated Powers 2. Why should these powers be National even though they’re not expressed or implied in the Constitution?

Government Powers (Division of Powers) Denied: Expressly denied: Infringe on rights (speech, press, etc.) Tax exports Silence in Constitution: Only has delegated powers Denied in Federal System: Can’t tax states National Government Denied National Powers Denied

Government Powers (Division of Powers) Powers Granted State Government Reserved Powers 10th Amendment Reserved Powers: 10th Amendment Not granted to Federal, but not denied to states. Legal marriage age Drinking age Professional license Confiscate property Permit forms of gambling The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare. Choose one of the powers mentioned and explain why it should be a power of the state or why it should not be a power of the National Government.

Government Powers (Division of Powers) State Government Denied States: Constitution denies certain powers to state, because they are NOT a federal government. Make treaties Print money Deny rights to citizens Denied States Powers Denied

Government Powers (Division of Powers) Powers Granted National Government State Government Concurrent Powers Concurrent: Both States and National have these powers May be exercised separately and simultaneously Collect taxes Define crimes Condemn or take private property for public use Denied Both Powers Denied

Government Powers (Division of Powers) Denied Both: Both States and National have been denied these powers Violate rights of citizens Powers Granted National Government State Government Concurrent Powers Denied Both Powers Denied

Government Powers (Division of Powers) EXCLUSIVE Powers Granted Expressed Implied Inherent 10th Amendment National Government State Government Delegated Powers Reserved Powers Concurrent Powers Denied Both Denied States Denied National Powers Denied

(National Government) Overview Delegated Powers (National Government) Concurrent Powers (Shared Powers) Reserved Powers (State Government) Exclusive Powers - Expressed - Implied (Necessary and Proper Clause) - Inherent Denied Powers Shared Powers 10th Amendment

Unique State laws Question #4 48 states have gas stations that are self-service New Jersey and Oregon law forbids motorists from pumping their own gas North Dakota does not require registration for voting Nebraska has unicameral state legislature Oregon, Vermont, and Washington legally allow physician-assisted suicide Alaska, Delaware, New Hampshire, Montana and Oregon don’t have a general sales tax. In 13 states you can't buy alcohol on Sunday Pennsylvania and Utah you can only purchase wine and liquor from a state store. In Massachusetts, you have to have a police officer (or multiple police officers) stand and watch traffic go by whenever road work or any kind of utility is being worked on. Question #4

“Laboratories of Democracy” 5. How do YOU interpret the meaning of the title as it refers to States? Welfare Reform Act of 1996 Basic features came from welfare programs of California, Michigan and Wisconsin Question #5

Dual System of Government Two basic levels of government operate over the same territory and the same people at the same time. Question #6

The Supremacy Clause (Article VI, Section 2) City and County Laws State Statues (laws) State Constitutions Acts of Congress United States Constitution The U.S. Constitution is the “Supreme Law of the Land.” If there is a conflict between a lower law and a higher one, the higher one “wins.”

The Supreme Law of the Land The Supremacy Clause in the Constitution establishes the Constitution and United States laws as the “supreme Law of the Land.” 2 3 Chapter 4, Section 1

The Supreme Law of the Land Main duty of the Supreme Court Apply the Supremacy Clause to the conflicts which the dual system of government inevitably produces. Court first called in 1819, to settle a clash between a national and State law – McCulloch v. Maryland – it involved the controversial Second Bank of the U.S.

The Supreme Law of the Land Oliver Wendell Holmes once said, “I do not think that the United States would come to an end if the Court lost our power to declare an act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several States.”