Federalism

Objectives Define and give examples of national and State powers by completing a chart Examine scenarios and identify the type of power

Key Questions Is the federal system the best way to govern the country? How is power divided between the federal government and the States?

Federalism Division of power between national, state, and local government.

POWERS Expressed, implied, Inherent (powers given to Federal Govt) Concurrent: Powers of both State and Federal Reserved: Only for the States

Why did the Framers choose federalism? 1. government power inevitably poses a threat to individual liberty 2. Therefore, government must be restrained. 3. To divide power is to prevent abuse of that power.

1. Expressed Powers These powers are stated in the constitution (Article 1, Section 8) Gives federal government 27 powers which include things like: tax, print money, regulate interstate commerce, declare war, control armed forces, etc etc.

2. Implied Powers Not specifically stated in the constitution but reasonably suggested by the expressed powers

3. Inherent Powers Powers that belong to the government because it is in charge of the country. Or These powers exist because the USA exists. Powers include: regulate immigration, deport aliens, acquire territory, grant diplomatic recognition, protect the country from rebellion

You know federal law says… All young men have to register for military service at age 18. Most employers pay a minimum wage. No person can be denied a job based on their race or ethnicity.

You also know state law says… You need to have a drivers license to operate a motor vehicle. You must be 21 or older to purchase alcohol Only those meeting certain requirements can own firearms.

You even know local law says… When you can or cannot burn trash. How late you can have a party before you violate a noise ordinance. What tags your dogs need to have.

Federalism in Practice Produces a “Dual” system of government: which means there are two basic levels of government, each with its own field of authority, and operating over the same people at the same time.

Put another way… It allows local action on local matters and national actions on bigger concerns. Example: Federal Government controls who we go to war with While individual states decide if they want the death penalty or not.

Laboratories of Government Have you ever gotten gas in New Jersey? How did you get it? Washington and Oregon allow physician assisted suicide. Alaska, Delaware, new Hampshire, Montana and Oregon do not have sales tax.

So what powers does the Federal government have? 3 Delegated (given to) powers 1. Expressed 2. Implied 3. Inherent

Where do the implied powers come from? Art 1, Sec 8, Clause 18 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.” This is sometimes called the elastic clause. Why?

Regulate Interstate Commerce Pa gun crimes Heart of Atlanta Motels (segregation) National Highways

Recap Expressed Implied Inherent Don’t Forget the elastic/ necessary and proper clause!!!

Powers denied the Federal Government 1. Expressly Ex: can’t take private property without payment, can’t prohibit free speech, can’t conduct illegal searches 2. Through Silence Can’t create public schools, can’t set up local government 3. Because of federalism itself Can’t tax states

The States They are governments of reserved powers AKA they get all the powers that the federal government does not get that they also are not denied. ***10 th Amendment***

What kind of laws can states enact? (almost anything) Marriage age, sale of pornography, permit or prohibit gambling, lawyer/teacher licenses, public schools, land use, utilities, drinking age, etc etc etc. (Most things government does are done by the states, not the fed)

Why is the drinking age 21 in almost all states?

Powers denied to States Can’t print money Can’t make alliances Can’t tax the federal government Can’t deprive a person of life liberty or property without due process of law

Concurrent Powers (Overlap) Some powers are shared or overlap between the federal government AND the states at the same time Ex: tax, borrow money, establish courts, define crimes, environment and health standards, establish a police force, protect national borders

What if the laws conflict? The Supremacy Clause (Art 6, Sec 2) In a nutshell, the Constitution is #1, acts of congress and treaties are #2, then the state laws are #3.

How is the Supremacy Clause applied? By the Supreme Court Ex. McCulloch v. Maryland “The states have no power to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by congress”

Pro’s and Con’s of Federalism Pro’s: Fosters state loyalties: Because states have powers all their own citizens feel closely connected to their states. Practices Pragmatism: Each state is unique and state and local government can more efficiently respond to unique local issues. Laboratories of Democracy: State governments can experiment with policies and other states and the federal government can learn from their success and failures. Political Stability: By removing the federal government from some contentious policy areas federalism allows the government to achieve and maintain stability.

Pro’s and Con’s of Federalism Pro’s: Encourages pluralism: Allows citizens multiple points of access and influence in government (local, state, national). Ensures separation of powers and prevents tyranny: Even if one person or group (faction) took control of all three branches of the federal government federalism ensures that state governments would still function independently (Federalist #10 and Federalist #51).

Pro’s and Con’s of Federalism Con’s: Prevents creation of national policy: The United States often doesn’t have a single policy on issues; it often has 51 policies. (marijuana, gay marriage) Leads to a lack of accountability: The overlap of responsibilities makes it hard to assign blame or find the roots of failure in policies. Citizen Ignorance: Since most Americans know very little about their state and local governments and turnout in these elections is typically less than 25%, citizens often ignore the level of government that has the greatest ability to affect their lives.

Recap Supreme Court Federal Government States