Federalism: The Division of Power

How did the US Constitution create a federal system of government? The Constitution organized government in a new way. It created a federal system of government. The Constitution gives certain powers only to the national government and certain powers only to the states.

Federal System There are also certain powers that federal and state government share powers. All other powers are kept by the people.

What is a federal system of government? According to the natural rights philosophy, the people have a right to create a government. Photo from iep.utm.edu John Locke What was the name of the philosopher whose natural rights philosophy influenced the Founding Fathers?

“We the People…” Life Liberty Property The Constitution begins with the words “We the People”. The people have created a government and have given it the authority to govern them. In return, government is responsible for protecting the people’s rights to... Life Liberty Property

It all starts with the people… The Constitution creates limits and guidelines for the government in order to protect the people from an abuse of power. Constitution The constitution is a social contract between We the People and the government. The Constitution protects the rights of the people from the government. It all starts with the people… The people must consent to give the power to make and enforce laws to the government. This slide will look at CONSTITUTIONAL GOVERNMENTS Distribute student handout “What is a Constitution?” Students will complete their handout as the PowerPoint progresses. Remind students to check and see if they are on the correct section – Constitutional Government. The first step in a “constitutional government” is the establishment of a social contract between the people and the government. The result of that social contract is a constitution that will outline the limits and guidelines placed on government and the rights of the people to be protected from the government. The government is structured to offer protection for the people through public safety measures and the justice system. Government The People The People

What does sovereign mean? The people remain sovereign at all times. What does sovereign mean? Sovereign means to have the highest rank of authority. The people have ultimate authority to control government. This is where the term “popular sovereignty” comes from.

So how is power divide between the federal and state governments? There are different kinds of powers: Expressed powers Powers that are listed Reserved powers Powers specifically given to either the federal or state government Concurrent powers Powers shared by the federal and state governments Powers denied Ask students what they think each kind of power means prior to revealing the definition.

Powers of the Federal Government Expressed Powers Powers Granted Expressed: Spelled out in the Constitution Article I, Section 8 18 clauses giving 27 powers Tax Coin money Regulate trade Declare war Grant patents Powers of the Federal Government Article I, Section 8

What About Article I, Section 8, Clause 18? This is what is known as the “elastic clause” or implied powers. 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 crimes Article I, Section 8, Clause 18 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 or Officer thereof. Question for Discussion: Why might some people have a problem with the “elastic clause”?

Powers of the State Governments Reserved Powers Reserved Powers: 10th Amendment Not granted to Federal, but not denied to states. Legal marriage age Drinking age Professional license Confiscate property The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare. Powers of the State Governments Amendment X (10)

Powers of the Federal Government Powers of the State Governments Concurrent Powers Powers of the Federal Government Article I, Section 8 Concurrent Powers Collect taxes Define crimes Condemn or take private property for public use Powers of the State Governments Amendment X (10) Concurrent: The national and state governments share these powers May be exercised separately and simultaneously Collect taxes Define crimes Condemn or take private property for public use Powers are expressly given to the federal government and reserved to the states. Concurrent powers are where the national and state government meet in the middle and share power.

The Constitution! Powers Denied The United States Constitution and State Constitutions provide for the protection of the rights of the people. Denied State Governments: Constitution denies certain powers to state, because they are NOT a federal government. Make treaties Print money Deny rights to citizens Denied Federal Government: Expressly denied: Infringe on rights (speech, press, etc.) Silence in Constitution: Only has delegated powers Denied in Federal System: Cannot tax states Denied Both: Both state governments and national government have been denied the power to violate rights of citizens What protects the rights of the people from the government?

So What Does It All Look Like? Powers of the Federal Government Article I, Section 8 Concurrent Powers Collect taxes Define crimes Condemn or take private property for public use Powers of the State Governments Amendment X (10) Powers Denied to the Federal Government Powers Denied to the State Governments

The Supremacy Clause (Article VI, Section 2) 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.” Acts of Congress State Constitutions State Statues (laws) City and County Laws