1. [ 3.3 ] Federalism: Powers Divided

2. [ 3.3 ] Federalism: Powers Divided
Learning Objectives
Define federalism and explain why the Framers adopted a federal system instead of a unitary system.
Categorize powers delegated to and denied to the National Government, and powers reserved for and denied to the States, and the difference between exclusive and concurrent powers.
Summarize the obligations that the Constitution, as the 'the supreme Law of the Land,' places on the National Government with regard to the States.

3. [ 3.3 ] Federalism: Powers Divided
Key Terms
Federalism
division of powers
delegated powers
expressed powers
implied powers
inherent powers
reserved powers
exclusive powers
concurrent powers
Supremacy Clause
John Marshall

4. Explain why the founders chose this system
The Founders Choose Federalism
You know that federal law requires young men to register for military service at age 18, that most employers must pay their workers at the least a minimum wage set by act of Congress, and that no person can be denied a job on the basis of his or her race or ethnicity.
Warm –Up
Define Federalism
Explain why the founders chose this system
What are the advantages and disadvantages of
this system?

5. What is federalism, and why was it chosen by the Framers?
Why Federalism?
The Framers were dedicated to the concept of limited government. They were convinced
(1) that governmental power poses a threat to individual liberty, Texas NPR
(2) that therefore the exercise of governmental power must be restrained, and
(3) that to divide governmental power, as federalism does, is to curb it and so prevent its abuse.
What was the practical Reason?

6. The Founders Choose Federalism
Federal law requires men to register for the draft at age 18. Federal law also sets a minimum wage, but States can as well. Many laws reflect this federal and State division of power.

7. What is federalism, and why was it chosen by the Framers?
Federalism Defined
Federalism is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces.
The Constitution provides for a division of powers, assigning certain powers to the National Government and certain powers to the States.

8. What Is Federalism?
The division of power between federal and State governments often requires national and local leaders, like President Obama and Texas Governor Rick Perry, to work together.

9. What Is Federalism?
Welfare reform has alternated between State and National governments for many years. Analyze Charts How are welfare programs now managed at both levels of government?

10. Powers of the National Government
Identify powers delegated to and denied to the Federal government and powers reserved and denied to the states
Powers of the National Government
The National Government is a government of delegated powers, meaning that it only has those powers delegated (granted) to it in the Constitution. There are three types of delegated powers:
The expressed powers are those found directly within the Constitution. Article 1, Section 8
The implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers. Article 1, Section 8 Clause 18
The inherent powers belong to the National Government because it is the government of a sovereign state within the world community. There are few inherent powers, with an example being the National Government’s ability to regulate immigration. Preamble?

11. Three Types of Federal Powers
Much of the media these teens access is regulated by the Copyright Law of the United States. The right to create that law was granted to the Federal Government by the Constitution.

12. Three Types of Federal Powers
The 2001 attacks on the U.S. led to the formation of the Department of Homeland Security. Analyze Charts What are the advantages of having a single agency responsible for national security?

13. Explain What is it Where is it found in the Constitution?
identify powers delegated to and denied to the Federal government and powers reserved and denied to the states
Quick Quiz
Explain What is it Where is it found in the Constitution?
Expressed Powers
Implied Powers
Inherent Powers
Reserved Powers??

14. Powers Denied to the National Government
Powers are denied to the National Government in three distinct ways:
Some powers are expressly denied to the National Government in the Constitution…Article I, Section 9 and the Bill of Rights
List those Powers DENIED
Also, some powers are denied to the National Government because the Constitution is silent on the issue….
Provide two Examples
Finally, some powers are denied to the National Government because the federal system does not intend the National Government to carry out those functions. Two examples (10th Amendment again)

15. Powers Denied to the Federal Government
Visitors view the Bill of Rights at the National Archives Building. These first 10 amendments to the Constitution limit federal power in some areas and guarantee some personal freedoms.

16. Powers Denied to the Federal Government (Art I, Section 9)
The powers denied to the National Government are varied and extensive. Analyze Charts How is federalism preserved by the denial of these powers?

17. Powers Reserved to the States 10th Amendment
The 10th Amendment declares that the States are governments of reserved powers.
The reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States.
Powers Denied to the States Article 1, Section 10 p.765
Just as the Constitution denies many powers the National Government, it also denies many powers to the States.
Powers denied to the States are denied in much the same way that powers are denied to the National Government; both expressly and inherently.

18. Powers of the Fifty States
One reserved State power is the right to issue licenses to various professionals, such as nurses and physicians. Such a license is required to practice in that particular State.

19. The Exclusive and Concurrent Powers
Exclusive Powers
Powers that can be exercised by the National Government alone are known as the exclusive powers. How would you find these ?
Examples of the exclusive powers are the National Government’s power to coin money, to make treaties with foreign states, and to lay duties (taxes) on imports.
Concurrent Powers
The concurrent powers Art. 1, Sec.10. are those powers that both the National Government and the States possess and exercise.
Some of the concurrent powers include the power to levy and collect taxes, to define crimes and set punishments for them, and to claim private property for public use.

20. Understand that the national government holds exclusive, as well as concurrent powers with the states
The Division of Powers
The federal system determines the way that powers are divided and shared between the National and State governments.

21. Review Fast Federalism Review Faster Federalism Review Quiz………
Respond: How do…
- Art. I, Sec. 8
- The 10th Amendment
- Art I. Sec. 9 and the Bill of Rights
- Art. I, Sec. 10
…define Federalism

22. The Constitution Reigns Supreme
The Supremacy Clause
The Supreme Court and Federalism

23. The Supreme Law of The Land
Assess the significance of the Necessary and Proper clause and Article VI to the growth of federal power
The Supreme Law of The Land
Supreme Court Case Studies
Always provide the following:
Backgound of the case
The question before the Court
The holding
Rationale (Found in the majority opinion)
Gibbons v. Ogden
McCulloch v. Maryland