1. Chapter 4 Federalism

2. Why Federalism?? Strong – yet provide and preserve strength to States Strong – yet provide and preserve strength to States Federalism defined: Federalism defined: Division of power between National Government and State governments Division of power between National Government and State governments 2 levels of government 2 levels of government Lets states handle local matters, but gives strength that comes from a Union (national defense, resources (hurricane)) Lets states handle local matters, but gives strength that comes from a Union (national defense, resources (hurricane))

3. Delegated Powers U.S. govt. is a govt. of delegated powers: (powers granted by the Constitution) U.S. govt. is a govt. of delegated powers: (powers granted by the Constitution) 3 types: 3 types: Expressed Expressed Implied Implied Inherent Inherent

4. Expressed Powers Enumerated, written, spelled out explicitly in Constitution Enumerated, written, spelled out explicitly in Constitution AKA enumerated powers AKA enumerated powers Examples: Examples: Article 1, Section 8, Clause 1-17 – gives 27 powers to Congress (p. 763-765) Article 1, Section 8, Clause 1-17 – gives 27 powers to Congress (p. 763-765) Article 2, Section 2 (President) Article 2, Section 2 (President) Various Amendments (16 th – gives Congress power to levy income tax) Various Amendments (16 th – gives Congress power to levy income tax)

5. The Implied Powers Not expressly stated in Constitution Not expressly stated in Constitution Reasonably suggested Reasonably suggested Necessary and Proper Clause = Elastic Clause Necessary and Proper Clause = Elastic Clause (it has been stretched to cover so many implied powers) (it has been stretched to cover so many implied powers) Article 1, Section 8, Clause 18 (p. 765, p. 90) Article 1, Section 8, Clause 18 (p. 765, p. 90) 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 Officer thereof. 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 Officer thereof. Examples – pg. 90 Examples – pg. 90 What does it mean if I “imply” something? What does it mean if I “imply” something?

6. The Inherent Powers Framers intended national government to hold these powers Framers intended national government to hold these powers Powers inherent to all world governments: Powers inherent to all world governments: Immigration, deport aliens Immigration, deport aliens Acquiring of Territory Acquiring of Territory Protect nation Protect nation (These powers exist because the U.S. exists. – Not necessary to go to great lengths to find these powers in the Constitution) (These powers exist because the U.S. exists. – Not necessary to go to great lengths to find these powers in the Constitution)

7. Differences between expressed, implied and inherent Expressed—Take a LOOK at the Constitution, it’s there! Expressed—Take a LOOK at the Constitution, it’s there! Implied—THINK about the Constitution, it’s necessary and proper Implied—THINK about the Constitution, it’s necessary and proper Inherent—CONSIDER what the Constitution was trying to establish, it’s essential Inherent—CONSIDER what the Constitution was trying to establish, it’s essential

8. Powers Denied to the National Government Powers to Levy duties on exports Powers to Levy duties on exports Powers to prohibit freedom of religion, speech, or assembly Powers to prohibit freedom of religion, speech, or assembly Conduct illegal searches or seizures Conduct illegal searches or seizures Deny speedy and public trials Deny speedy and public trials Create public school system Create public school system Marriage and divorce laws Marriage and divorce laws Congress cannot tax any States or local units of government Congress cannot tax any States or local units of government

9. Powers Reserved to the States Reserved powers: Powers not granted to National Government, yet not denied to the States. Reserved powers: Powers not granted to National Government, yet not denied to the States. 10 th Amendment (p. 773) 10 th Amendment (p. 773) The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

10. Powers Denied to the States No State can enter into any treaty, alliance, or confederation. No State can enter into any treaty, alliance, or confederation. No State can print or coin money No State can print or coin money No State can deprive any person of life, liberty, or property without due process of law No State can deprive any person of life, liberty, or property without due process of law No State can tax any of the agencies or functions of the National Government No State can tax any of the agencies or functions of the National Government No State can violate its own State Constitution No State can violate its own State Constitution

11. The Exclusive, Reserved, and Concurrent Powers Exclusive (national) Exclusive (national) Reserved (States) Reserved (States) Concurrent (both) Concurrent (both) Chart on Page 93 Chart on Page 93

12. The Federal System and Local Governments We have thousands of local governments yet ultimately two forms – States and National We have thousands of local governments yet ultimately two forms – States and National

13. The Supreme Law of the Land The Constitution, laws, and treaties are the supreme law of the land. Constitution stands above all other forms of law. The Constitution, laws, and treaties are the supreme law of the land. Constitution stands above all other forms of law. Supremacy Clause Supremacy Clause “Linchpin of the Constitution” It joins the National Government and the States into a single government unit “Linchpin of the Constitution” It joins the National Government and the States into a single government unit

14. Chapter 4 Terms for the Test 1. 1. federalism – the division of power between a central government and a state/local government 2. 2. division of powers – The Constitution assigns certain powers to the National Government and certain powers to State Governments. (the idea of federalism) 3. 3. delegated powers – Powers granted to the National Government by the Constitution (three types: expressed, implied, inherent) 4. 4. expressed powers – delegated powers of the National Government that are specifically spelled out in the Constitution (aka the Enumerated Powers) 5. 5. implied powers – delegated powers of the National Government that are reasonably suggested (implied); those powers that are “necessary and proper” (Article I, Section 8, Clause 18) 6. 6. inherent powers – delegated powers that the National Government is presumed to have because it is the national government in a sovereign state. (these powers exist because the U.S. exists) 7. 7. reserved powers – those powers that the Constitution does not grant to the National Government but does not deny to the States. (10 th Amendment) (establish public schools, regulate alcoholic beverages, etc.) 8. 8. exclusive powers – powers that can be exercised by the National Government alone. (coin money, declare war, conduct foreign relations, etc) 9. 9. concurrent powers – powers that both the National Government and States possesses and exercise (taxes, define crimes, set punishments, claim private property for public use, etc) 10. 10. supremacy clause – the U.S. Constitution stands above all other forms of law in the United States.