Federalism: The Division of Power

Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Delegated Powers Reserved Powers Concurrent Powers Expressed Implied Inherent 10 th Amendment Denied National Denied States Denied Both

Government Powers (Division of Powers) National Government Powers Granted Delegated Powers Expressed Implied Inherent Expressed: Spelled out in the Constitution Article I, Section 8 18 clauses giving 27 powers Tax Coin money com/watch?v=nVy6J alOSAk

Government Powers (Division of Powers) National Government Powers Granted Delegated Powers Expressed Implied Inherent Implied: Not written in Constitution, but reasonably suggested Article I, Section 18, Clause 18 “necessary and proper”/The Elastic Clause Determine crimes and punishments Anti-Discrimination Laws

Government Powers (Division of Powers) National Government Powers Granted Delegated Powers Expressed Implied Inherent Inherent: Not written in Constitution, but belong to national governments Regulate immigration

Government Powers (Division of Powers) National Government Powers Denied Denied National Denied: Expressly denied: Infringe on rights (speech, press, etc.) Silence in Constitution: Only has delegated powers Denied in Federal System: Can’t tax states

Government Powers (Division of Powers) State Government Powers Granted Reserved Powers 10 th Amendment Reserved Powers: 10 th Amendment Not granted to Federal, but not denied to states. Drinking age The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.

Government Powers (Division of Powers) State Government Denied States: Constitution denies certain powers to the state because they are delegated to the federal government. Make treaties Print money Deny rights to citizens Denied States Powers Denied

Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Concurrent Powers Denied Both Concurrent: Both States and National have these powers May be exercised separately and simultaneously Collect taxes Define crimes Condemn or take private property for public use “Eminent Domain”

Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Concurrent Powers Denied Both Denied Both: Both States and National have been denied these powers Violate rights of citizens

Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Delegated Powers Reserved Powers Concurrent Powers Expressed Implied Inherent 10 th Amendment Denied National Denied States Denied Both EXCLUSIVEEXCLUSIVE

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

Cooperative Federalism States help the Federal Government Census Elections Catching Criminals Naturalization

Cooperative Federalism Federal Government helps the States Guarantee a Representative State Government Protection and Aide Admit new states and respect existing state boundaries Grants $$ Lulu Payments $$ Train National Guard

Cooperative Federalism States help States Full faith and Credit Extradition Privileges and Immunities