FEDERALISM CHAPTER 4

I.Federalism Dual system of government Each level with its own sphere of power. Each level acting alone can not alter the basic division of power

A.Strength Permits local action in matters of local concern Permits Nat'l action in matters of Nat'l concern EX: gambling in some states but not in others.

B. Powers The division of power is explicitly stated in the 10 th Amendment 1. Delegated powers powers granted by the Constitution.

a. Expressed powers delegated in words, literally written in the Constitution. Article I Section 8 – Powers of Congress. 27 powers in 18 clauses.

Article II Section 2 – powers of the President Article III Section 3 – powers of the Supreme Court Ex: collecting tax, coin money regulating trade, declaring war

b. Implied Powers powers not specifically stated but reasonably implied from those that are. Necessary and Proper– The Elastic Clause. Article I Section 8, Clause 18

Means convenient and expedient Ex: Interstate commerce An expressed power to regulate interstate trade. Used to: Regulate labor, build dams, set punishment for crimes, And prohibit racial discrimination in restaurants, theaters, and hotels

McCulloch v. Maryland Maryland challenged the right of Congress to create the Bank of the U.S. Supreme Court upheld the establishment of the bank as necessary and proper to execute the power to tax, borrow, and coin money

c. Inherent powers powers that belong to the Nat’l government because it is the Nat’l government. EX: regulate immigration deportation of aliens acquire territory

diplomatic recognition 2. Reserved powers 10 th Amendment All powers not granted to the Nat’l government nor denied to the States are reserved to the States or to the people.

EX: restrictions on handguns charters for businesses establishing public schools 3. Exclusive powers powers that may be exercised by the Nat’l government only

EX: coin money make treaties tax imports 4. Concurrent powers powers which belong to both the Nat’l and State governments

EX: collect taxes define crimes provide of punishment for crimes C. Powers denied to the Nat’l government 1. Three ways power is denied a. Constitution Article 1 Section 9

EX: No taxes on exports No bill of attainder No ex-post-facto law No title of Nobility Bill of Rights – the first 10 Amendments

b. Constitution’s silence concerning them Public schools Uniform marriage or divorce laws Establishment of local units or government

c. Nature of Federalism things that threaten the existence of the system EX: cannot tax any State in the performance of it’s governmental functions **** May tax non-governmental functions – liquor stores, bus systems, or farmers markets

D. Powers denied to the States Article 1 Section 10 EX: No State may enter into a treaty, No State may coin money, No State may tax imports or exports. 14 th Amendment