Aim: Why did the Framers Choose Federalism? Con Law Lesson 07 Aim: Why did the Framers Choose Federalism? Do Now: What is Federalism?

Why Federalism The vast majority of Framers believed in limited government: The Framers believed: that government power poses a threat to individual liberty that the exercise of governmental power must be restrained that to divide governmental power, as federalism does, is to curb it and so prevent its abuse

Federalism The division of power granted in a written constitution. Power in the United States is divided between the National Government and the States Governments According to the 10 Amendment to the US Constitution: "The powers not delegated to the United States by the Constitution, nor prohibited by it the States, are reserved to the States respectively, or to the people".

Powers of the Government Delegated Powers: The National Government has only those powers granted to it in the US Constitution. The Expressed Powers: Also known as Enumerated Powers are spelled out directly in the US Constitution. In Article 1 Section 8 there are 18 clauses in which 27 powers are directly given to Congress. Article 2 Section 2 gives multiple powers directly to the President Article 3 gives multiple powers to the Supreme Court

The Implied Powers: These powers are not expressly stated but are reasonably suggested or implied by the expressed powers. Article 1 Section 8 gives Congress the "Necessary and Proper" power also know as the "Necessary and Proper Clause" Congress has the power: "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 Office thereof".

The Inherent Powers: These are powers that the federal government has seized over time. The Constitution does not provide for the inherent powers. These powers are implied through the expressed powers and Congress will use different parts of the expressed powers to justify the use of inherent powers

State Powers "It is my intention to curb the size and influence of the Federal establishment and to demand recognition of the distinction between the powers granted to the Federal Government and those reserved to the States or to the people. All of need to be reminded that the Federal Government did not create the States; the States created the Federal Government" Stated by President Ronald Reagan in 1981 during his 1st Inaugural Address

Powers Reserved to the States The United States Constitution reserves specific power to the states and also denies specific powers to the state through direct wording and through implied powers

Exclusive vs. Concurrent Powers Exclusive Powers: Those granted directly to the National Government. The States cannot exercise these powers under any circumstances. Concurrent Powers: Those granted to both the National Government and the State Governments

Exclusive Powers Reserved to the National Government: Coin Money Regulate Interstate And Foreign Trade Raise and Maintain armed forces Declare War Govern US territories Conduct Foreign Relations Many others…

Reserved Powers Powers Reserved to the States Regulate trade and Business within the State Establish public schools Pass License Requirements for Professionals Regulate alcoholic beverages Conduct Elections Establish local governments Many others…

Concurrent Powers The Powers Shared by both the Federal and the State Governments: Levy and collect taxes Borrow Money Establish courts Define crimes and punishments Claim private property for public use Many more…

Supremacy Clause In order to make a system work in which two levels of government rule over the same people at the same time: the framers instituted the Supremacy Clause; "This Constitution and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme Law of the land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any state to the contrary notwithstanding" Article VI Section 2

Conclusion The Framers chose Federalism to limit government in order to protect the people. They also set forth specific powers for the national government and for the state governments to make sure neither abused their authority.