1 / 40

Federalism

Federalism. Section 4.1 “The Division of Power between the Federal Government and the States”. First of all, what exactly is Federalism?. Reasons for Federalism … . Why would the “Framers” choose Federalism? Parliament to Articles of Confederation… Problems with both! .

fuller
Download Presentation

Federalism

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Federalism Section 4.1 “The Division of Power between the Federal Government and the States”

  2. First of all, what exactly is Federalism?

  3. Reasons for Federalism… • Why would the “Framers” choose Federalism? • Parliament to Articles of Confederation… • Problems with both!

  4. Strengths of Federalism…

  5. How does this photo illustrate federalism?

  6. State/Local tradition or Issue…

  7. State/Local tradition or Issue…

  8. State/Local tradition or Issue…

  9. Delegated Powers • Powers given to the Federal Government specifically granted in the Constitution… • AKA: “Exclusive,”“Enumerated” OR “Expressed” powers… • Three types of delegated powers we will discuss… • Expressed, Implied, Inherent

  10. Delegated Powers 1. “Expressed” – Actually spelled out in the Constitution (enumerated) • * Article I, Sec. 8: Powers to Congress * • 18 clauses, 27 total • Article II, Sec. 2: Powers to President • Powers also noted in various amendments… • EX) 16th

  11. Examples of “Expressed Powers”(you tell me)

  12. Delegated Powers 2. “Implied” – Not specifically said, but ‘implied’ through expressed powers… • Article I, Sec. 8: The “Necessary and Proper” clause

  13. Examples of “Implied Powers”!!!

  14. Taft-Hartley Act

  15. How is this an example of an implied power???

  16. How is this an example of an implied power???

  17. What does this mean??

  18. Delegated Powers 3. “Inherent” – Powers that are naturally given to sovereign nations not already listed… • BECAUSE it is a government, it has THIS or THAT power… • EX) BECAUSE I am a teacher, I have the power to do THIS…

  19. Examples!

  20. How is this an example of an inherent power???

  21. How is this an example of an inherent power???

  22. How is this an example of an inherent power???

  23. Powers DENIED to the Federal Government • There are 3 ways that powers are denied to the Feds… 1. Through “silence”… • The government only has power to do what the Constitution says!

  24. Powers DENIED to the Federal Government 2. Denied through “expression”… • “Suspension of Habeas Corpus” (held w/o reason) • Lawmakers cannot pass “Bills of Attainders” (guilt w/o trial) • No “titles of nobility” • No “Ex Post Facto Laws” • Various Amendments... (1st, 4th and 6th)

  25. Habeas Corpus

  26. Bills of Attainder

  27. Ex Post Facto Laws

  28. Powers DENIED to the Federal Government 3. Denied through the existence of the “Federal system”… • 10th Amendment: “The powers not delegated to the United States by the Constitution… are reserved to the States respectively.”

  29. Why could the Department of Education be considered controversial?

  30. State Power • Basis of State powers… • 10th Amendment: “The powers not delegated to the United States by the Constitution… are reserved to the States respectively.” (“Reserved Powers”) • All but ONE of the states’ powers are from constitutional silence…

  31. State Power • Only “Expressed” state power: regulation of manufacture, sale and consumption of alcohol! (21st Amendment)

  32. Powers DENIED to the States • Denied Expressively – word for word! • Examples? • Denied Inherently – we have a federal system!

  33. Powers to BOTH? • “CONCURRENT” Powers… • Note: Cities and city governments exist because states allow them to… • States: Unitary form of government!

  34. Judicial Branch’s Role • Remember… the “Supremacy Clause” (Article 6) • The Courts serve as a referee between the 50 states and the Federal government…

  35. Supremacy Clause in action…

More Related