1. Federalism: The Division of Power
Chapter 4, Section 1
American government

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

3. Government Powers (Division of Powers)
Powers Granted
Expressed
Implied
Inherent
Expressed (enumerated powers):
Spelled out in the Constitution
Article I, Section 8
18 clauses giving 27 powers
Tax
Coin money
Regulate trade
Declare war
Grant patents
National
Government
Delegated Powers

4. Necessary and Proper Clause
“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 of Office thereof.” Article 1 Section 8 1. What does this mean?

5. Government Powers (Division of Powers)
Powers Granted
Expressed
Implied
Inherent
Implied:
Not written in Constitution, but reasonably suggested
Article I, Section 8, Clause 18
“Necessary and proper”
The Elastic Clause
Build dams
Highways & roads
Determine federal crimes
National
Government
Delegated Powers

6. Government Powers (Division of Powers)
Expressed
Implied
Inherent
Powers Granted
Inherent:
Not written in Constitution, but belong to national governments
Regulate immigration
Acquire Territory
Grant diplomatic recognition to nations
Protect the nation
National
Government
Delegated Powers
2. Why should these powers be National even though they’re not expressed or implied in the Constitution?

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

8. Government Powers (Division of Powers)
Powers Granted
State
Government
Reserved Powers
10th Amendment
Reserved Powers:
10th Amendment
Not granted to Federal, but not denied to states.
Legal marriage age
Drinking age
Professional license
Confiscate property
Permit forms of gambling
The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.
Choose one of the powers mentioned and explain why it should be a power of the state or why it should not be a power of the National Government.

9. Government Powers (Division of Powers)
State
Government
Denied States:
Constitution denies certain powers to state, because they are NOT a federal government.
Make treaties
Print money
Deny rights to citizens
Denied States
Powers Denied

10. Government Powers (Division of Powers)
Powers Granted
National
Government
State
Government
Concurrent Powers
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
Denied Both
Powers Denied

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

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

13. (National Government)
Overview
Delegated Powers
(National Government)
Concurrent Powers
(Shared Powers)
Reserved Powers
(State Government)
Exclusive Powers
- Expressed
- Implied
(Necessary and Proper Clause)
- Inherent
Denied Powers
Shared Powers
10th Amendment

15. Unique State laws Question #4
48 states have gas stations that are self-service
New Jersey and Oregon law forbids motorists from pumping their own gas
North Dakota does not require registration for voting
Nebraska has unicameral state legislature
Oregon, Vermont, and Washington legally allow physician-assisted suicide
Alaska, Delaware, New Hampshire, Montana and Oregon don’t have a general sales tax.
In 13 states you can't buy alcohol on Sunday
Pennsylvania and Utah you can only purchase wine and liquor from a state store.
In Massachusetts, you have to have a police officer (or multiple police officers) stand and watch traffic go by whenever road work or any kind of utility is being worked on.
Question #4

16. “Laboratories of Democracy”
5. How do YOU interpret the meaning of the title as it refers to States?
Welfare Reform Act of 1996
Basic features came from welfare programs of California, Michigan and Wisconsin
Question #5

17. Dual System of Government
Two basic levels of government operate over the same territory and the same people at the same time. Question #6

18. 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.”

19. The Supreme Law of the Land
The Supremacy Clause in the Constitution establishes the Constitution and United States laws as the “supreme Law of the Land.” 2 3
Chapter 4, Section 1

20. The Supreme Law of the Land
Main duty of the Supreme Court
Apply the Supremacy Clause to the conflicts which the dual system of government inevitably produces.
Court first called in 1819, to settle a clash between a national and State law – McCulloch v. Maryland – it involved the controversial Second Bank of the U.S.

21. The Supreme Law of the Land
Oliver Wendell Holmes once said, “I do not think that the United States would come to an end if the Court lost our power to declare an act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several States.”