1. Federalism

2. Tasks for Today
Review the different types of powers within the Federal system
Complete a series of competitions to match powers and understand the divisions of the federal government
1) Venn Diagram Completion
2) State or National?
3) Where’d the Power Come From?

3. Types of Powers Delegated Powers/ Exclusive Powers Reserved Powers
Expressed Powers
Implied Powers
Inherent Powers
Reserved Powers
Concurrent Powers

4. Definition of Powers
Delegated Powers—different powers given to the three branches of government in the Constitution
Expressed Powers—Those powers of Congress specifically listed in the Constitution.
Implied Powers--powers exercised by Congress which are not explicitly given by the Constitution itself but necessary and proper to execute the powers which are.
Inherent Powers--powers held by a sovereign state
Reserved Powers--a political power reserved by a constitution to the exclusive jurisdiction of a specified political authority
Concurrent Powers-- powers in nations with a federal system of government that are shared by both the State and the federal government

5. Most Powers Come from…
Most national government powers come from Article I Section 8 (18 clauses that gives 27 powers)
Article II and III talk to a few more powers of the Executive and Judicial Branches
Clause 18 of Art. I Sec. 8 is “Necessary and Proper Clause”
Most state government powers come from the 10th Amendment declaring reserved powers

6. Task #1
Using the list of terms, place them on the Venn Diagram where they best fit
Use pencil so that you can make changes
*We will correct the answers*
You can use your notes to help you!

8. Terms to Use 1. Collect Taxes 2. Regulate Marriages
3. Regulate Interstate Commerce
4. Coin Money
5. Charter Local Governments
6. Lend and Borrow Money
7. Registration and Voting
8. Establish Police Force
9. Claim Private Property
10. Raise an Army
11. Enforce Criminal Codes
12. Regulate Professional Standards
13. Declare War
14. Administer Drivers’ Licenses
15. Establish Courts
16. Build Interstate Highways
17. Establish Rules for Deportation
18. Regulate Alcoholic Beverages
19. Tax Normal State Operations
20. Grant Pardons
21. Deny Freedom of Press
22. Power to Levy Duties on Exports
23. Deny Right to a Jury Trial
24. Setting Punishments for Crimes

9. The Division of Federal and State Powers
Powers Denied to Nat’l Gov’t b/c of Fed. System
Nat’l Gov’t Powers
State Gov’t Powers
Expressed
Declare War
Tax normal state operations
Regulate Interstate Commerce
Charter Local Governments
Grant pardons
Collect taxes
Establish min. age for marriage
Coin money
Raise an Army
Set punishments for crimes
Enforce Criminal Codes
Charter Local Governments
Registration and voting
Regulate Professional Standards
Administer Drivers’ Licenses
LEG
EXEC
Establish Courts
JUD
Reserved
Borrow and Lend $
Build interstate highways
Power to levy duties on exports
Claim Priv. Prop
Implied
Establish rules for deportation
Est. Police Force
Reg. Alcoholic beverages
Deny freedom of press
Deny right to a jury trial
Express
Concurrent Powers
Inherent
Powers DENIED to Nat'l Gov’t Expressly

10. Exclusive, Concurrent, or Reserved
In your group, you will have one card that says “state” and the other will say “federal”
I will read a series of situations, and your group will have to decide if the issue should be settled by the state or national government
If your team answers correctly, you gain a point!

11. Juveniles are truant if they miss school too often.

12. Taxes are collected for the building of roads.

13. A school is set up to educate the children in a neighborhood.

14. A law states the hours the polls will be open on election day.

15. Money is borrowed from China to fund our defense.

16. Postal offices will only be open on Monday-Friday.

17. A new county position is created.

18. A patent is granted to Joe Einstein for a new invention.

19. A law is passed only allowing citizens to be married.

20. The army is deployed to Uzbekistan.

21. An income tax cut is being proposed.

22. A treaty with a foreign country to import oil is being negotiated.

23. Where’d the Power Come From?
The Constitution places limits of the Federal Government; it’s only powers are those granted by the Constitution. Therefore any federal law must be “rationally” related to a congressional power, or necessary and proper to effectuate one of them. If Congress legislates beyond its powers, it is violating the 10th Amendment.
Imagine you are a member of Congress. As a congressional representative there are many laws you and your fellow representatives want to pass
You and your group will need to find a specific power listed in Article I, Section 8 that allows this congressional action.

24. A) Establish a national drinking age.
B) Establish a national highway speed.
C) Regulate the conduct of railroads and airlines.
D) Desegregate private business.
E) Set minimum-wage laws for private businesses.
F) Forbid kidnapping.
G) Regulate the internet
H) Determine which drugs are illegal and regulate their use.
I) Protect endangered species.
J) Outlaw guns in schools.
K) Regulate healthcare.

25. Personal Federalism Survey
Take the survey and think about who should have the power to decide these issues, not whether or not you agree with them.
Remember to keep in mind that these questions are not considering what political party is in power right now, that is subject to change.

26. Check Your Understanding
How would you summarize what kinds of powers the national government has? How is this different from what kinds of powers the states have? (in your own words)
How do the implied powers work? (in your own words).
Why do you think both levels of government have the power to establish law enforcement agencies?