Powers of government LG: I will differentiate the powers the Constitution provides to the national & state gov’t by categorizing powers.

I. National government Delegated/Expressed- stated in Constitution Implied- Suggested implicitly Necessary & proper clause/ elastic clause Inherent- powers not explicity stated i. Ex. Foreign policy

II. 4 Constitutional pillars Supremacy clause War Power Commerce Clause (Gibbons v. Ogden) Power to tax & spend

III. State powers Reserve power: power not granted to national government (10th amendment) Concurrent power: power shared between national & state

3.2 TABLE 3.1: Constitutional division of national and state powers This table shows delegated, reserved, and concurrent powers. Do any of these power divisions surprise you? Activity: Ask your students to list the ways government affects their daily lives. Then ask them which level influences or regulates that activity. Are they more influenced by the national or state and local governments?

IV. Limits & obligations State cannot make treaties, coin $, tax imports/exports, start war, interfere w/ foreign commerce National gov. cannot force states to enforce their laws

3.2 Sobriety checkpoint Under national pressure and the threat of losing national funding if they do not act, states have raised the drinking age to 21. States are also under pressure to monitor drunk driving more aggressively.

V. Interstate relationships Full faith & credit Interstate privileges & immunities Extradition Interstate compacts

3.2 What are state-only powers known as? Now that we’ve covered the constitutional structure of federalism, I’d like to test your comprehension with this brief question. Concurrent Reserve Extradition Supremacy 9

3.2 What are state-only powers known as? The Tenth Amendment to the Constitution reserves to states all powers not given to the national government. Concurrent Reserve Extradition Supremacy 10

VI. McCulloch v. Maryland A. Precedent: implied national powers: national supremacy over state power

VII. National Courts and the States Fourteenth Amendment Due process/Equal protection Preemption 1. National law stomps state law The Fourteenth Amendment to the Constitution protects the rights of citizens to due process of law. Many cases that come before the Supreme Court deal with this issue. Often, these are challenges to activities of state and local governments that may be a violation of due process and the equal protection clause. If they conflict with national laws, state laws can be preempted. They can also be preempted when federal interests are so dominant that they override state laws. For example, federal civil rights laws preempted discriminatory state laws that denied some citizens of their rights to equal protections. Supreme Court justices in the past tended to rule in favor of national laws. In recent years, the rulings have supported state powers over national authority.

VIII. Centralists v Decentralists A. Centralists: national gov’t should exercise its powers to the fullest B. Decentralists: gov’t power should be narrowly defined 1. Devolution revolution: returning power to the states From the beginning of the Republic, there has been debate about the “proper” distribution of powers, functions, and responsibilities between the national government and the states. Centralists favor a national government that takes the lead on issues like gun control and environmental pollution. Decentralists want states to take action on these issues. Centralists believe government should take action as long as the Constitution doesn’t forbid it. Some centralist presidents were Lincoln, both Roosevelts, and Lyndon Johnson. Decentralists see the Constitution as a compact among sovereign states. The states, not the people, created the central government and gave it limited authority. It is little more than an agent of the states, and its powers should be narrowly defined. They favor returning power to states. Some decentralist presidents were Jefferson, Reagan, and George H.W. Bush. This devolution revolution saw some success in the 1990s. Activity: Use a think/pair/share exercise to have students consider the following question: Did devolution return power to the states? Discuss the problem that with power comes accountability and financial responsibility. States may want power to make policies, but do they want to pay for them? Students may also wish to consider a particular example, like No Child Left Behind, to illustrate their arguments.

3.3 Which president would have been a decentralist? As we’ve just gone over the centralist/decentralist debate, I’d like to test your comprehension with this brief question. Abraham Lincoln Franklin Delano Roosevelt Ronald Reagan All of the above 14

3.3 Which president would have been a decentralist? Decentralism is also known as states’ rights. The Anti-Federalists, Thomas Jefferson, the Supreme Court from the 1920s to 1937, and former Chief Justice William H. Rehnquist were also supporters. Abraham Lincoln Franklin Delano Roosevelt Ronald Reagan All of the above 15

Directions: for each of the following statements categorize it with the correct power. Expressed – Powers stated (or written) in the Constitution. Implied – Powers that the national government requires to carry out the powers that are expressly defined in the Constitution. Inherent – Powers that the national government may exercise simply because it is a government. Concurrent – Powers that both the national and state government possess. Reserved – Powers granted only to state governments.

Power to draft Americans into the military

Power to make war

Power to maintain armed forces

Power to establish courts

Power to coin money

Power to limit the number of immigrants to the U.S.

Power to regulate INTRASTATE commerce

Power to building an interstate highway system

Power to regulate a public school system

Power to prohibit discrimination in restaurants

Power to tax

Power to regulate INTERSTATE commerce

Power to acquire territory

Power of eminent domain

Power to make and enforce laws