Federalism: The Division of Power Chapter 4.1 Federalism: The Division of Power

Warm Up Who makes decisions about your life? How does your family structure relate to the idea of federalism?

Learning Targets Define federalism and explain why the Framers chose this system of government. Identify and differentiate powers delegated to and denied to the National Government, and powers reserved for and denied to the States Understand that the National Government holds exclusive powers; it also holds concurrent powers with the States Explain the place of local governments in the federal system Examine how the constitution functions as the “supreme Law of the Land.”

Why it Matters The federal system divides government power in order to prevent its abuse. There are two basic levels of government in the federal system—National and State. The Supreme Court settles disputes between the two.

Why did the Framers choose federalism? Most didn’t want an overly powerful central government But, the Articles of Confederation proved that if you limit the central gov’t too much it doesn’t work General beliefs of the Framers Government power poses a threat to individual liberty Therefor the exercise of gov’t power must be restrained/limited Dividing gov’t power, as federalism does, curbs power and prevents abuse

Write that down! It is super important!!! What is Federalism? Federalism: a system of government in which a written constitution divides the powers of government on a territorial basis between a central (or national) government and several regional governments (states or provinces). Write that down! It is super important!!!

Characteristics of Federalism Each level of government has its own set of powers Neither level, acting alone, can change the basic division of powers the constitution has created Each level of government operates through its own agencies and acts directly through its own officials and laws

What? Federal, State, and local gov’ts have their own individual powers Federal Gov’t Colorado State Gov’t City of Colorado Springs Gov’t None of these levels can change that structure! (Ain’t nobody got power for that) Each of those levels above has its own laws and enforcers (think cops/judges/gov’t workers)

Because the Constitution Says So Division of powers: Basic principle of federalism; the constitutional requires that governmental powers be divided on a geographic bases between the national gov’t and States “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” -10th Amendment

Strength of Federalism It allows local action in matters of local concern, and national action in matters of wider concern Why does it matter? Local traditions, needs, desires vary from State to State

Examples, yo Liquor business Gas stations (silly huh?) Legislatures Some states are in direct control of the liquor business Other states allow private businesses to control liquor sales Gas stations (silly huh?) 48 States allow self-service pumping New Jersey and Oregon forbid drivers from pumping their gas Legislatures 49 States have bicameral legislatures Nebraska has a unicameral one Recreational marijuana use 2 States allow recreational marijuana use 21+ Most States do not allow any marijuana use Same-sex marriage/civil unions Prior to the repeal of DOMA, marriages and unions were allowed in a few states but not legally recognized in most other states nor by the Federal Government

Powers of the National Government Delegated powers: Those powers, expressed, implied, or inherent, granted to the National Government by the Constitution Expressed powers: Those delegated powers of the National Gov’t that are spelled out, specifically, in the Constitution Implied powers: Those delegated powers of the Nat’l Gov’t that are suggested by the expressed powers in the Constitution; those “necessary and proper” to carry out the expressed powers(Art. I, Sec 8, Clause 18) Inherent powers: Powers the Constitution is presumed to have delegated to the Nat’l Gov’t because it is the government of a sovereign state within the world community

FYI Expressed powers aka Enumerated powers Necessary and proper have come to mean “convenient and useful” The Necessary and Proper Clause is also known as the Elastic Clause Congress has built the interstate system, made federal crimes of things like moving stolen goods & kidnapped people across State lines and it has prohibited racial discrimination in granting access to hotels, restaurants, and theaters by using the power to regulate interstate commerce in Art. I, Sec 8, Clause 3 of the Constitution. Inherent powers exist because the USA exists Power to regulate immigration, acquire territory etc.

Powers Denied to the National Government Some powers, such as the power to levy duties on exports or prohibit the freedom of religion, speech, press, or assembly, are specifically denied to the National Government in the Constitution. Also, some powers are denied to the National Government because the Constitution is silent on the issue. (can’t create a national public school system or a uniform set of marriage laws because IT IS NOT in the Constitution) Finally, some powers are denied to the National Government because the federal system does not intend the National Government to carry out those functions. Chapter 4, Section 1

State Powers 10th Amendment Reserved powers: Those powers that the Constitution does not give to the National Government and does not take away from the States. The Constitution denies many powers to the States too (like signing treaties or coining money) Most of what is done in this country today is done by the States(and local gov’ts) and not by the Nat’l Gov’t

Surrendered? Sometimes States surrender certain rights in order to receive things like money from the national government. Example: Speed limits States have the power to set speed limits but if they want to get federal money for highway improvements they have to change their speed limits to what the National Government wants.

Exclusive and Concurrent Powers Exclusive powers: those powers that can be exercised by ONLY the Nat’l Gov’t (States CANNOT exercise these powers ever) Coining money, signing treaties etc. Concurrent powers: Those powers that both the Nat’l Gov’t and the States have and use. States and Nat’l Gov’t can BOTH levy taxes (check your paycheck!) Exercised separately and simultaneously by both levels of gov’t

Federal System and Local Governments There are more than 87,000 units of local government in the United States today. Each of these local units is located within one of the 50 States. Each State has created these units through its constitution and laws. Local governments, since they are created by States, are exercising State law through their own means. United States Colorado Colorado Springs

The Supremacy Clause in the Constitution establishes the Constitution and United States laws as the “supreme Law of the Land.” (Article VI, Section2)

But what if national and state laws clash? The Supreme Court acts as umpire and determines which law is legal under the US Constitution

4.1 Quiz Example The expressed powers granted to the National Government are found (a) in the Constitution. (b) in the Declaration of Independence. (c) in common law. (d) in State constitutions. 2. The reserved powers (a) are granted by the Articles of Confederation. (b) are powers granted to only local governments. (c) are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States. (d) are those powers that the Constitution grants only to National Government.