Federalism What is the definition?

Why Federalism? The Framers needed to create a central government strong enough to meet the nation’s needs and, at the same time, preserve the strength of the existing states Limited Government provided this!

Federalism ▫A division of power between the central and state governments Each level has its own powers! The Constitution creates a division of powers ▫It assigns certain powers to the NATIONAL government and certain powers to the STATES Spelled out in the 10 th Amendment ▫A dual system of government  Two basic levels each with its own sphere of authority  Federalism allows and encourages:  Local action in matters of local concern  National action in matters of national concern

Type of Government Federal State Local County Municipality Township School District Other Special District Total Number of Govs ,043 19,372 16,629 13,726 34,683 87,504

Each State is Unique! 1/3 of the States are directly involved in the liquor business In 48 states, gas stations are self-service ▫New Jersey and Oregon don’t allow you to pump your own gas North Dakota doesn’t require voters to register Nebraska has a unicameral legislature Oregon allows physician-assisted suicide Alaska, Delaware, New Hampshire, Montana, and Oregon do not impose a general sales tax Connecticut, Iowa, Mass., NH, NY, and Vermont allow same-sex marriage

Powers of the NATIONAL Government National Government has Delegated Powers which are granted to it in the Constitution Three Types: 1.Expressed (Enumerated) Powers – spelled out or written, expressly, in the Constitution ▫Most are in Article I, Section 8 ▫Include:  Power to coin money  To set and collect taxes  Regulate foreign and interstate commerce  Maintain an army  Declare war  Etc.

2.Implied Powers – not expressly stated in the Constitution but are reasonably suggested (implied) by the expressed powers ▫Article I, Section 8, Clause 18Article I, Section 8, Clause 18 ▫Called the “Elastic Clause”  Because over time it has been stretched to cover so many situations 3.Inherent Powers – those powers that belong to a national government because they are essential to what a government does! ▫Power to:  Regulate immigration  To acquire territory  Grant diplomatic recognition to other states  Protect the nation against rebellion or overthrow

The Necessary and Proper Clause says that 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 Officer thereof.” Article I, Section 8, Clause 18

Powers Denied to the National Gov. Constitution denies certain powers in three ways: 1.Expressly stated in Constitution ▫Freedoms in Bill of Rights can’t be taken 2.Silence of the Constitution ▫Gov has only the powers the Constitution gives ▫No power to set up national school system ▫No power to enact national marriage laws 3.Denied by Federal System ▫Can’t do anything to threaten fed. system ▫Can’t tax states for carrying out gov. functions

 Reserved Powers ◦ 10 th Amendment ◦ Those powers that the Constitution does not grant to the Nat’l Gov and doesn’t deny to the states  Ex: marriage, driving, gambling laws  Powers Denied to the States ◦ Expressly stated in the Constitution ◦ Can not threaten the Federal system ◦ State Constitutions deny some powers

And Now Some Relationship Info from the Expert…. An Exclusive RelationshipNOT an Exclusive Relationship

The Exclusive Powers ▫Those that can be exercised exclusively by the national government (includes most of the delegated powers) ▫Under no circumstances can they be exercised by the states The Concurrent Powers ▫Powers the national and states governments both possess and exercise ▫Powers are held separately and simultaneously ▫Ex: Tax

National Government Delegated PowersPowers Denied 1.Expressed Powers 2.Implied Powers 3.Inherent Powers 1.Expressly stated in Constitution 2.Silence of Constitution 3.Denied by Federal System State Governments Reserved PowersPowers Denied 10 th Amendment Ex: marriage, school systems, driving 1.Expressly stated in Constitution 2.Denied by Federal System 3.State Constitutions deny some powers

Coin money Regulate interstate and foreign trade Establish foreign policy Establish post offices Govern territories and admit new states Grant patents and copyrights Maintain armed forces Declare war and make peace Establish immigration and naturalization laws Elastic Clause Establish and maintain schools Establish local governments Regulate business within the state Make marriage laws Provide for public safety 10 th Amendment Exclusive Powers of the Nat’l Gov Concurrent Powers Reserved Powers of the State Gov’s Maintain law and order Levy taxes Borrow money Charter banks Establish courts Provide for public welfare Build roads

Local Laws State Statutes State Constitutions Acts of Congress and Treaties US Constitution Supremacy Clause Article VI