FEDERALISM How the Constitution divides powers between the central government and regional governments (states)

MAKE A THREE COLUMN CHART  What decisions do you believe your parents or guardians should make for you?  What decisions should you be able to make yourself?  What decisions should be made cooperatively?

DIVISION OF POWER  Both the national government and the states have powers under the federal system.  The Constitution divides these powers between the two levels of government.  This division of power was implied in the Constitution but then specifically stated with the 10 th Amendment.  It produces a dual system of government allowing States to handle local matters and gives unity to the United States by giving power to the federal government.

DIVISION OF POWER

DELEGATED POWERS  Powers specifically given to the National government.  types of Delegated powers:  Expressed or Enumerated: Powers that are clearly written in the Constitution that are given to the National Government.  Examples:  **Article I, Sect 8. Lists 18 separate clauses which includes 27 different powers.  **Article II, Sect. 2. Grants the President the powers of Commander in Chief, to grant pardons (legal forgiveness) and reprieves (postponements of an execution).  **Article III grants the judicial power of the U.S. to the Supreme Court.  **Amendment 16- gives Congress right to levy income tax.

DELEGATED POWERS  Implied Powers: Those not expressly stated are suggested by the expressed powers.  The Constitution is vague, allows for Federal government to interpret “implied powers” to carry out enumerated powers.  Examples:  **Article I, Sect. 8, Clause 18: Necessary and Proper Clause (Elastic Clause)  Congress had made federal crimes of such acts as moving stolen goods across state lines; prohibited racial discrimination in access to restaurants, hotels, and etc.

DELEGATED POWERS  Inherent Powers: These powers belong to the national government because it is a sovereign state (nation) in the world community.  Examples:  **power to regulate immigration, to deport aliens, to acquire territory, to give diplomatic, recognition to other states

POWERS DENIED (OR NOT GRANTED) TO THE NATIONAL GOVERNMENT  The Constitution limits the power of the National Government in three distinct ways.  Expressed denials in the Constitution.  These can be found in the Constitution in Article 1 Section 9 and through 1 st - 8 th Amendment.  The silence of the Constitution.  If it’s not “delegated” to them, the Federal government is not given the power.

POWERS DENIED (OR NOT GRANTED) TO THE NATIONAL GOVERNMENT  By definition, it is how Federalism works. The Constitution doesn’t want to threaten the existence of Federalism so it limits the Federal government’s powers and gives all other powers to the States.  Reserved powers: (10 th Amendment) Powers not granted to the federal government nor prohibited to the States by the Constitution are reserved to the States or to the people.  Powers denied to the states in Article 1 section 10. EX: cannot enter into treaties, alliances, or confederations.

CONCURRENT POWERS  Powers that belong to both the National and state governments but they’re exercised independently.  Examples:  **power to lay and collect taxes, to define crimes and set punishments, to exercise eminent domain.