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Can States Do Whatever They Want? • Early in American history, South Carolina refused to comply with the tariff of 1828. It “nullified,” or rejected this law, which hurt agricultural exports. However, President Andrew Jackson declared that federal law is supreme. South Carolina was forced to accept a new, lower tariff law passed by Congress. • Can you think of any other times when a state tried to rebel against the Union?
Who Has the Power to Decide? • The constitution divides power between national and state government. • This system is called Federalism
Start taking notes here…… • Definition of FEDERALISM A system in which power is divided between the national and state government
What Does the Constitution Say About National and State Rights? • The constitution grants three types of powers to the federal (national) government: (leave room for notes in between the three) 1.Expressed 2.Implied 3.Inherent
EXPRESS YOURSELF! Expressed Powers: Powers directly expressed or stated in the Constitution by the founders. These are also called: ENUMERATED POWERS
Examples of Expressed Powers • Power to collect taxes • Coin Money • Raise an army and declare war
IMPLIED POWERS • Hey, do you feel okay? • These are powers that are not specifically listed but implied through the expressed powers. • Example: An expressed power is that the government can raise an army. An implied power is the power to draft people into the army.
Inherent Powers • Powers that the government exercises simply because it is a government. • Examples: Controlling immigration and establishing foreign relations.
Other Constitutional Powers • Reserved Powers • These are powers reserved for states only • These allow for local people to rule themselves • Concurrent Powers • Powers that both the national and state government have.
DENIED! • Denied Powers • The Constitution actually denies powers to the different levels of government. Examples: State governments can not enter into wars or treaties with other countries The federal government can not tax exports
What if a state tries to exceed its powers as South Carolina did in the past? • The SUPREMACY CLAUSE: • This clause of the Constitution explains that no state law or state constitution may conflict with any form of national law.
Division of Federal and State Power State Government (Reserved Powers) National Government (expressed, implied and inherent powers Concurrent