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FEDERALISM DIVISION OF POWER
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The relationship between state governments and the federal government
Federalism is: The relationship between state governments and the federal government
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Why Federalism? All Constitutional framers convinced:
1. Bicameral legislation 2. Division of power 3. 10th Amendment
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Federalism Defined Powers divided between central, national, and state
Governments: est. local governments Operate through: shared powers Federalism’s major strength is that it allows local action in matters of local concern
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Powers of the National government
Expressed powers- Art. 1 Sec. 8 of Constitution (ex. collect taxes, make treaties, etc.) B. Implied powers- Powers, not stated, but implied by Constitution (ex. to build dams) 1. Elastic Clause: Congress has power to pass all laws necessary and proper for carrying out its powers C. Inherent powers- Powers a sovereign state holds
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Powers of the National Government
Print money Regulate interstate (between states) and international trade Make treaties and conduct foreign policy Declare war Provide an army and navy Establish post offices Make laws necessary and proper to carry out the these powers Provide defense against terrorists
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Powers denied the National Government
Certain Rights- anything unconstitutional Reserved state powers
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The States Powers reserved
Reserve intrastate commerce (refers to livestock) Establish local governments Set up public school system Protect the public's health and welfare (police and fire departments) Most important Reserved Power- Administer elections
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Powers denied to the states
Can’t enter into alliances, treaties, or confederation State constitutions- each state has its own constitution
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Exclusive and Concurrent Powers
Exclusive- Only the federal govt. has these powers Concurrent- powers shared by national govt. and states
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Local Governments A. Local governments are a subunit of a state
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Supremacy Clause Constitution is “Supreme Law of the Land”
Umpires between State and Federal government: the Supreme Court 1. McCulloch v. Maryland: Limits congressional power (Supreme Court is umpire)
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