1. Framers want to prevent abuse of power in Federal Gov’t System of government w/written Constitution dividing the powers of government on a territorial basis

2. Federalism States have various organizational structures States have various organizational structures for example: for example: Nebraska has a unicameral legislature Nebraska has a unicameral legislature North Carolina…….Governor does not have veto power North Carolina…….Governor does not have veto power North Dakota doesn’t have voter registration North Dakota doesn’t have voter registration

3. Federalism Delegated Powers: (Federal Gov’t.) 1. Expressed (Article I, Section 8) 27 powers given to Congress Ex. Tax, reg. trade, coin money, raise and maintain military

4. Federalism Delegated Powers: (Federal Gov’t.) 2. Implied (Article I, Section 8, Clause 18 ) the Elastic Clause Ex. “necessary & proper” implied to mean “convenient and expedient”

5. Federalism Delegated Powers: (Federal Gov’t.) 3. Inherent b/c it is a national government in the world community Ex. Regulate immigration, acquire territory, give diplomatic recognition to other states, protect the nation against rebellion or internal subversion

6. Federalism Powers Denied the National Government 1. Expressly (Article I, Section 9) ex. Power to tax exports, deny freedom of religion, speech, press

7. Federalism Powers Denied the National Government 2. Through Omission (10 th Amendment) ex. Create public schools, marriage & divorce laws, set up local governments

8. Federalism Powers Denied the National Government 3. Due to Federal System ex. Can’t tax any of the states in the carrying out their governmental functions. (power to destroy)

9. Reserved Powers Powers held by the states (10 th Amend.) Powers held by the states (10 th Amend.) Licensing, public schools, setting up local government Licensing, public schools, setting up local government

10. Powers Denied the States Constitution restricts many……. Ex. Making treaties, printing money, depriving Life, Liberty, & Property Federal System also denies many…. Ex. Can’t tax any federal agencies Ex. Can’t tax any federal agencies

11. Exclusive Powers Only by the Federal government Only by the Federal government Ex. Coin $$$, treaties, import taxes (tariffs) Ex. Coin $$$, treaties, import taxes (tariffs)

12. Concurrent Powers Powers shared by Federal Government & the States Ex. Collect taxes, define crimes & set punishments, take private property for public use

14. Supremacy Clause Article VI, Section 2 Article VI, Section 2 “The Constitution and the laws of the United States………………shall be the supreme law of the land…”

15. U.S. Constitution Acts of Congress (Fed. Laws) Treaties State Constitutions State Laws City and County Charters & Laws