FEDERALISM DIVISION OF POWER.

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Presentation transcript:

FEDERALISM DIVISION OF POWER

The relationship between state governments and the federal government Federalism is: The relationship between state governments and the federal government

Why Federalism? All Constitutional framers convinced: 1. Bicameral legislation 2. Division of power 3. 10th Amendment

Federalism Defined Powers divided between central, national, and state Governments: est. local governments Operate through: shared powers Federalism’s major strength is that it allows local action in matters of local concern

Powers of the National government Expressed powers- Art. 1 Sec. 8 of Constitution (ex. collect taxes, make treaties, etc.) B. Implied powers- Powers, not stated, but implied by Constitution (ex. to build dams) 1. Elastic Clause: Congress has power to pass all laws necessary and proper for carrying out its powers C. Inherent powers- Powers a sovereign state holds

Powers of the National Government Print money Regulate interstate (between states) and international trade Make treaties and conduct foreign policy Declare war Provide an army and navy Establish post offices Make laws necessary and proper to carry out the these powers Provide defense against terrorists

Powers denied the National Government Certain Rights- anything unconstitutional Reserved state powers

The States Powers reserved Reserve intrastate commerce (refers to livestock) Establish local governments Set up public school system Protect the public's health and welfare (police and fire departments) Most important Reserved Power- Administer elections

Powers denied to the states Can’t enter into alliances, treaties, or confederation State constitutions- each state has its own constitution

Exclusive and Concurrent Powers Exclusive- Only the federal govt. has these powers Concurrent- powers shared by national govt. and states

Local Governments A. Local governments are a subunit of a state

Supremacy Clause Constitution is “Supreme Law of the Land” Umpires between State and Federal government: the Supreme Court 1. McCulloch v. Maryland: Limits congressional power (Supreme Court is umpire)