1. Ch 4 Sec 1 1. Why did the framers choose to create a federal system?
2.What is the difference between the delegated powers and reserved powers?
3. What are implied powers? Why is this clause in the Constitution also called the “elastic clause” ?
What is the Supremacy Clause?

2. The division of governmental power between national and state govts.
Federalism
The division of governmental power between national and state govts.

3. How is Federalism like school…..
Bishop Amat H.S.
The U.S.
The School consists of 4 classes. Each class is divided into smaller classes by subjects.
Rules for the whole school are listed in Lancer Life
Rules for each class are made by the teachers.
Teacher rules cannot conflict with Lancer Life.
The US has 50 states (smaller units) within the country.
Laws for each state are made by each state. City govts. make laws to meet the needs of each city.
Federal law is supreme over state & local laws (Art VI)
The Supremacy Clause
How is Federalism like school…..

4. Federalism is a compromise between Unitary and Confederal structures.
Unitary Confederal
-King George -Articles of Confederation
-Too powerful! -Too Weak!
Federal Just right!!!
NATIONAL GOVT & STATE / LOCAL GOVT. - Take care of national needs Take care of state / local needs.

5. How is Federalism like your family’s home.
The US
Your family
What do you and your parents argue about?
Have you ever come up with a solution and your family/ parents agreed to it? (Ex?)
Both govts. are constantly fighting to maintain power.
States try new programs. If they are successful at the state and local level, they are often used at the Federal level.
How is Federalism like your family’s home.

6. What are the laws in your city regarding……
Trash cans?
Photo enforced traffic laws (red lights)?
Pets- dogs & leashes? Types of pets allowed?
Parking?
Single use plastic bags?
Yard sales?
Where can you wash your car?
Fireworks on the 4th of July?

7. Powers Granted Powers Denied
How is power divided between the Federal government and the State governments?
Powers Granted
1.Expressed
2. Implied
3. Inherent
10th Amendment
21st Amendment
National
Government
State
Government
Delegated Powers
4. Reserved Powers
5. Concurrent Powers
12. Denied Both
Denied to National Govt.
6. Expressly Silence of Constitution Federalism
Denied States
9. Expressly State Constitution Federalism
Powers Denied

8. #1. Expressed Word for word “Enumerated” in Art I sec 8, Cl 1-17
Ex: postal system, print & coin money, armed forces, declare war, regulate interstate trade.

9. #2 Doctrine of Implied Powers
An Expressed power (Art I, section 8)
+ “necessary & proper” (Art I Sec 8, Clause 18 )_________ = an Implied power
*Stretching the expressed power
to include an implied power

10. How does the “elastic clause” work?
Delegated:
Coin Money
1. Lay & Collect Taxes
2. Regulate commerce (business and trade) among the states Establish naturalization laws
4. Raise an army & navy
5. Establish post offices
+ necessary & proper clause
= Decide type of currency =

11. Greatest expansion of Federal power…
Regulate Interstate Commerce + Necessary & Proper Examples: 1. interstate hwy system 2. kidnapping across state lines is a federal crime. 3. Prohibiting racial discrimination.

12. Government Powers (Division of Powers)
Powers Granted
1. Expressed
2. Implied
3. Inherent
#3. Inherent:
Not written in Constitution, but belong to national governments
Regulate immigration
Grant diplomatic recognition to nations
Protect the nation
National
Government
Delegated Powers

13. Government Powers (Division of Powers)
Powers Granted
10th Amendment
21st Amendment
(Regulate sale and possession of Alcohol)
#4=Reserved Powers:
10th Amendment
Not granted to Federal, but not denied to states.
Legal marriage age
Drinking age
Professional license
Confiscate property
The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.
State
Government
Reserved Powers

14. Government Powers (Division of Powers)
Powers Granted
National
Government
State
Government
Concurrent Powers
# 5- Concurrent:
Both States and National have these powers
May be exercised separately and simultaneously
NOT SHARED!!!
*Collect taxes *Define crimes
*Condemn or take private property for public use “ Eminent Domain”
Denied Both
Powers Denied

15. Concurrent powers… more examples
Borrow money
Establish courts
Make & enforce laws
Charter banks
Promote the general welfare

16. Government Powers (Division of Powers)
Denied:
6. Expressly denied:
Infringe on rights (speech, press, etc.), No titles of nobility, no export taxes.
7. Silence in Constitution:
Only has delegated powers
8.Denied in Federal System:
Can’t tax states
National
Government
Denied National
Powers Denied

17. Government Powers (Division of Powers)
Denied States:
9. Expressly: Constitution denies certain powers to state, because they are NOT a federal government.
Make treaties, Print money
Deny rights to citizens
State
Government
10. Denied in Federal system
-Can’t nullify national laws
-Can’t tax national govt.
11.State Constitutions
-State “Bill of Rights”
Denied States
Powers Denied

18. Government Powers (Division of Powers)
12- Denied to Both:
Both States and National have been denied these powers:
1. Expressly: Violate rights of citizens (Bill of Rights/Amendments)
2. Spirit of Federalism
3. Supremacy Clause
Powers Granted
National
Government
State
Government
Concurrent Powers
Denied Both
Powers Denied

19. How does Federalism deny power to both Federal and State Govts?
1. Neither can levy taxes on the other-
“Power to tax is the power to destroy”
2. Supremacy Clause (Art VI)
-the “linchpin” - The states cannot “nullify” federal laws or actions & they cannot secede from the union.

20. The Supremacy Clause (Article VI, Section 2)
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.”
Acts of Congress
State Constitutions
State Statues (laws)
City and County Laws

21. Federalism Disadvantages Advantages
1.*Diversity: Local solutions to local problems, & natl. action in matters of natl. concern
2.*Innovation & experimentation
“laboratories of government”
on a local level (ie: healthcare)
3. Citizens allowed to “vote with their feet”- directs natl. policy.
4. Increased opportunities to participate in political process.
5. *Strength from union.
1. Unequal conditions throughout the states. (education, welfare, tax rates)
2. Inefficient (cks & bals)
3. Conflict over who is responsible – National? State? Ex: Katrina
4. Citizen Ignorance = Fed does not function well.
- Citizens know little about state/ local govt. so they don’t participate.
-Voter turn-out is less than 15% at local level
Federalism

22. What happens when the division of power isn’t so clear?????
Struggle for power…..
What happens when the division of power isn’t so clear?????

23. The struggle for power….. McCullloch V. Maryland
The Court Considered These Constitutional Question
1. Did Congress have the power to establish a national bank?
2. Did the Maryland law to tax the nationally chartered bank unconstitutionally interfere with federal powers?

24. McCulloch V. Maryland Explained Video Questions
1. Marshall’s rationale: According to Chief Justice John Marshall:
A. What precedent supports the 2nd National Bank?
B. Are the states sovereign?
C. Who gets to determine what “implied powers” means?
D. What determines if something is “necessary & proper”?
2. What two parts of the Constitution were upheld in this case?

25. The Answer to the 2 ?’s
Did Congress have the power to establish a national bank?
Yes- Not expressed but implied.
-Not “denied”= “...the end is legitimate”
2. Did the Maryland law to tax the nationally chartered bank unconstitutionally interfere with federal powers?
Supremacy clause
Yes- Art 6= National law is supreme =“power to tax is power to destroy”
“necessary & proper”

26. The Supreme Court’s role
1810 Fletcher v. Peck =
1st state law declared unconstitutional
1819 McCulloch v. Maryland=
Upheld 1. Supremacy clause Implied powers
1824 Gibbons v. Ogden = Supremacy clause Federal regulation of interstate commerce

27. KATRINA VIDEO
Documentary: Katrina: A Failure of Federalism?
Although the federal system divides powers and responsibility between national, state, and local governments, the boundaries between these areas of responsibility are not always clear. This confusion may produce deadly results when disaster strikes, as in August 2005 when Hurricane Katrina devastated New Orleans and much of the Gulf Coast. This video examines whether the failures of government action during and after Hurricane Katrina were a result of the structure of federalism.

28. State’s Rights Advocate
Nationalist
You support: -State’s rights – 10th Am. -Strict interpretation of the Constitution (Literal) -Diversity: Local solutions to local problems. -Innovation & experimentation on a local level. (competition) -Citizens allowed to “vote with their feet”
You support:
-National solutions-Using concurrent powers & 14th Am.
14th Am= equal protection clause.
-Loose interpretation of the
Constitution (figurative)
-Federal Govt provides ideas and funding for innovations and experimentation. (no state competition needed)
-Provides equality for citizen’s of all states.
If you are a ….

29. Current Issues Medical marijuana Gay marriage Healthcare Immigration
Gun control
Disaster relief
Environmental protection
National Education Testing

30. Quiz- Division of Powers
Expressed powers are also called________.
2. The implied power –”necessary & proper “ is also called the _________ clause.
3. Name one concurrent power.
What is the “linchpin of the Constitution”?
5. What was upheld in McCulloch v. Maryland?