1. Federalism: Power Divided
Chapter 4 Section 1

2. The Framers Choose Federalism
Framers favored a stronger national government, they also know firsthand the importance of limiting Federal powers.
Governmental powers inevitably poses a threat to individual liberty.
That therefore the exercise of governmental power must be restrained.
That to divide governmental power, as Federalism does, is to prevent its abuse.

3. Federalism Defined
Federalism - system of government in which a written constitution divides the powers of government on a territorial basis, between a central government and several regional governments.
States or Provinces.
Each level of government has its own substantial set of powers.
Neither level of government alone can enact a change the basic division of power.
Each level of government operates through its own agencies and acts directly through its own officials and laws.

4. Federalism Defined Basic design is set in the Constitution.
Division of Powers - assigns other powers to the National Government and certain powers to the States.
Implied in the original Constitution
Spelled out in the 10th Amendment.
Dual system of Government
Two levels
Each with its own field of authority
Each operating over the same people and the same territory at the same time.

5. HLQ REVIEW How is power divided under the Concept of Federalism?
What is the purpose of the Division of Power?

6. Federalism Defined
Each level can do certain things that the other level cannot.
Only the Federal Government can regulate interstate trade.
Each state decides for itself whether those who commit certain crimes in that state are put to death.

7. Federalism Defined Federalism's major strength
It allows local action in matters of local concern and national action in matters of wider concern.
Allows for experimentation and innovation in solving public policy problems.
Provides strength that comes from union.
National defense
Foreign Affairs
Domestic Affairs
Natural Disaster

8. Powers of the Federal Government
Delegated Powers - government has only those powers delegated (granted) to it in the Constitution.
Three distinct types of powers in the Constitution
Expressed
Delegated to the National Government in so many words - spelled out, expressly, in the Constitution.
Sometimes called "enumerated powers."

9. Powers of the Federal Government
Article I, Section 8.
18 Clauses expressly give 27 powers to Congress.
Article II, Section 2
Gives powers to the President
Article III
Grants "the Judicial Power of the United States" to the Supreme Court and other courts in the federal judiciary.

10. Powers of the Federal Government
Implied Powers - not expressly stated in the Constitution, but they are reasonably suggested - implied- by the expressed powers.
Article I, Section 8, Clause 18 give Congress the "necessary and proper power,"
Sometimes called the Elastic Cause because it has been stretched to cover so many different situations.

11. Powers of the Federal Government
Inherent
Inherent Powers - Those powers that belong to the National Government because it is the national government of a sovereign state in the world community.
They are powers that over time, all national governments have come to possess.
Few in number

12. HLQ REVIEW
What are the three kinds of delegated powers held by the Federal Government?
Give two examples of inherent powers.

13. Powers Denied to the Federal Government
Done in three ways.
Constitution expressly denies certain powers to that level of government in order to keep federalism intact.
Several powers are denied because of the Silence of the Constitution.
Powers that are not granted by the Constitution.
Some powers are denied because of the Federalist system itself.

14. The States Powers Reserved to the States
10th Amendment gives states Reserved Powers - those powers that the Constitution does not grant to the National Government and does not, at the same time deny to the state.
The states can do many things because the Constitution does not give the National Government the power and does not deny the state those powers.
Constitution does not grant expressed powers to the States, with one notable exception - Section 2 of the 21st Amendment

15. The States Powers Denied to the States
Some powers are spelled out and expressly denied.
Some are denied by the existence of Federalism.

16. HLQ REVIEW Cite two examples of reserved powers held by the State.
How does the Constitution determine which powers are to be held by the State?
Why might the Framers have wanted to reserve specific powers for the States?
Why might the Framers have wanted to deny certain powers, such as the power to make alliances, or enter into treaties to the State?

17. The Exclusive and Concurrent Powers
Exclusive Powers - they can be exercised only by the National Government
Some denied to the States
Power to coin money
Some not expressly denied but are exclusive to the Federal Government.
Interstate commerce.

18. The Exclusive and Concurrent Powers
Concurrent Powers - powers that both the National Government and the States possess and exercise.
Held and exercised separately and simultaneously.
Those powers that make it possible for a federal system of government to function.
Local units are subunits of the state governments.
Each of the 50 states has a Unitarian form of government that creates local units of government.

19. HLQ REVIEW
What purpose does government at a LOCAL level serve?

20. The Supreme Law of the Land
Supremacy Claus - "The Constitution and the Laws of the United States which shall be in Pursuance thereof; and all treaties made, or which shall be made, under the Authority of the United States, shall be the supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary Notwithstanding."

21. The Supreme Law of the Land
The Constitution and the laws and treaties of the United States are " the Supreme Law of the Land."
"linchpin of the Constitution" because it joins the National Government and the States into a single governmental unit.
Makes federalism work in reality.

22. HLQ REVIEW
How are the delegated powers at the local level different from the delegated powers at the State level?

23. The Supreme Law of the Land
The Supreme Court and Federalism
Supreme court is the Umpire in the Federal System.
Chief duty - apply the Supremacy Clause to the conflicts that the dual system of government produces.
First called to settle a clash between state and federal law

24. The Supreme Law of the Land
McCulloch v. Maryland
Federal government tried to tax the Second Bank of the United States.
Decision based on the Supremacy Clause
Supreme Court has become the umpire that has allowed the United States to continue to survive.

25. The Supreme Law of the Land
Fletcher v. Peck
Court found a reversal of a Georgia law, passed in amounted to a contract between the State and Peck and other buyers, was in violation of the Constitution.
Article I, Section 10, Clause 1.

26. HLQ REVIEW
What role does the Supreme Court play in the relationship between the Federal and the State governments?