Federalism

Tasks for Today Review the different types of powers within the Federal system Complete a series of competitions to match powers and understand the divisions of the federal government 1) Venn Diagram Completion 2) State or National? 3) Where’d the Power Come From?

Types of Powers Delegated Powers/ Exclusive Powers Reserved Powers Expressed Powers Implied Powers Inherent Powers Reserved Powers Concurrent Powers

Definition of Powers Delegated Powers—different powers given to the three branches of government in the Constitution Expressed Powers—Those powers of Congress specifically listed in the Constitution. Implied Powers--powers exercised by Congress which are not explicitly given by the Constitution itself but necessary and proper to execute the powers which are. Inherent Powers--powers held by a sovereign state Reserved Powers--a political power reserved by a constitution to the exclusive jurisdiction of a specified political authority Concurrent Powers-- powers in nations with a federal system of government that are shared by both the State and the federal government

Most Powers Come from… Most national government powers come from Article I Section 8 (18 clauses that gives 27 powers) Article II and III talk to a few more powers of the Executive and Judicial Branches Clause 18 of Art. I Sec. 8 is “Necessary and Proper Clause” Most state government powers come from the 10th Amendment declaring reserved powers

Task #1 Using the list of terms, place them on the Venn Diagram where they best fit Use pencil so that you can make changes *We will correct the answers* You can use your notes to help you!

Terms to Use 1. Collect Taxes 2. Regulate Marriages 3. Regulate Interstate Commerce 4. Coin Money 5. Charter Local Governments 6. Lend and Borrow Money 7. Registration and Voting 8. Establish Police Force 9. Claim Private Property 10. Raise an Army 11. Enforce Criminal Codes 12. Regulate Professional Standards 13. Declare War 14. Administer Drivers’ Licenses 15. Establish Courts 16. Build Interstate Highways 17. Establish Rules for Deportation 18. Regulate Alcoholic Beverages 19. Tax Normal State Operations 20. Grant Pardons 21. Deny Freedom of Press 22. Power to Levy Duties on Exports 23. Deny Right to a Jury Trial 24. Setting Punishments for Crimes

The Division of Federal and State Powers Powers Denied to Nat’l Gov’t b/c of Fed. System Nat’l Gov’t Powers State Gov’t Powers Expressed Declare War Tax normal state operations Regulate Interstate Commerce Charter Local Governments Grant pardons Collect taxes Establish min. age for marriage Coin money Raise an Army Set punishments for crimes Enforce Criminal Codes Charter Local Governments Registration and voting Regulate Professional Standards Administer Drivers’ Licenses LEG EXEC Establish Courts JUD Reserved Borrow and Lend $ Build interstate highways Power to levy duties on exports Claim Priv. Prop Implied Establish rules for deportation Est. Police Force Reg. Alcoholic beverages Deny freedom of press Deny right to a jury trial Express Concurrent Powers Inherent Powers DENIED to Nat'l Gov’t Expressly

Exclusive, Concurrent, or Reserved In your group, you will have one card that says “state” and the other will say “federal” I will read a series of situations, and your group will have to decide if the issue should be settled by the state or national government If your team answers correctly, you gain a point!

Juveniles are truant if they miss school too often.

Taxes are collected for the building of roads.

A school is set up to educate the children in a neighborhood.

A law states the hours the polls will be open on election day.

Money is borrowed from China to fund our defense.

Postal offices will only be open on Monday-Friday.

A new county position is created.

A patent is granted to Joe Einstein for a new invention.

A law is passed only allowing citizens to be married.

The army is deployed to Uzbekistan.

An income tax cut is being proposed.

A treaty with a foreign country to import oil is being negotiated.

Where’d the Power Come From? The Constitution places limits of the Federal Government; it’s only powers are those granted by the Constitution. Therefore any federal law must be “rationally” related to a congressional power, or necessary and proper to effectuate one of them. If Congress legislates beyond its powers, it is violating the 10th Amendment. Imagine you are a member of Congress. As a congressional representative there are many laws you and your fellow representatives want to pass You and your group will need to find a specific power listed in Article I, Section 8 that allows this congressional action.

A) Establish a national drinking age. B) Establish a national highway speed. C) Regulate the conduct of railroads and airlines. D) Desegregate private business. E) Set minimum-wage laws for private businesses. F) Forbid kidnapping. G) Regulate the internet H) Determine which drugs are illegal and regulate their use. I) Protect endangered species. J) Outlaw guns in schools. K) Regulate healthcare.

Personal Federalism Survey Take the survey and think about who should have the power to decide these issues, not whether or not you agree with them. Remember to keep in mind that these questions are not considering what political party is in power right now, that is subject to change.

Check Your Understanding How would you summarize what kinds of powers the national government has? How is this different from what kinds of powers the states have? (in your own words) How do the implied powers work? (in your own words). Why do you think both levels of government have the power to establish law enforcement agencies?