1. Federalism: Powers Divided
Chapter 4 section 1 page

2. The framers choose federalism
Framers favored a stronger central (national) govt.
Importance of limiting federal powers.
Fears
1) governmental power inevitably poses a threat to individual liberty.
2) the exercise of governmental power must be retrained
3) to divide governmental power, prevents the abuse (federalism)

3. Federalism defined
A system of government which a written constitution divides the powers of government on a territorial basis between a central government and several regional governments (states or provinces)
Division of powers (In the original Constitution & 10th amendment)
2 basic levels of government (federal & state)
Major strengthen: It allows local action in matters of local concern and national action in matters of wider concern.
Allows for experimentation and innovation in public policy

4. Powers of the federal government
The expressed Powers
Sometimes called enumerated powers: (powers given to Congress)
Ex: Collect taxes, Coin money, Declare War
The implied powers
Reasonably suggested
Necessary and Proper (Elastic Clause)
Ex: building of hydroelectric power dams, building interstate highway system, federal crimes
The inherent powers
Belong to the National government because the national govt. is a sovereign state in the world
Ex: Regulate immigration, acquire territory

5. Powers denied to the federal government
Cannot take private property without compensation.
Cannot prohibit freedom of religion, speech, press, or assembly,
Conduct illegal searches or seizures
Deny any person accused of a crime a speedy and public trial or a trial by jury.
Cannot establish public schools
Cannot enact uniform marriage and divorce laws

6. The states Powers Reserved to the States Powers Denied to the States
Required that doctors, lawyers, hairdressers, and plumbers be licensed in order to practice in state
Regulate the services and restrict the profits of such public utilities as natural gas
Powers Denied to the States
Cannot enter into any treaty, alliance, or confederation
Cannot deprive any person of life, liberty, or property without due process of law.

7. The Exclusive and the Concurrent powers
Exclusive powers
Exercised only by the National government
States cannot coin money, make treaties with foreign states, or lay duties on imports
Concurrent powers
Shared power
Ex: collect taxes, define crimes and set punishments
The Supremacy Clause
Constitution ranks above all other forms of law in the U.S. Next, Acts of Congress and treaties stand immediately beneath
The Supreme Court and Federalism
McCulloch v. Maryland
Fletcher v. Peck