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Federalism

Federalism. What is the definition?. Why Federalism?. The Framers needed to create a central government strong enough to meet the nation’s needs and, at the same time, preserve the strength of the existing states Limited Government provided this!. Federalism. Federalism

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Federalism

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  1. Federalism What is the definition?

  2. Why Federalism? • The Framers needed to create a central government strong enough to meet the nation’s needs and, at the same time, preserve the strength of the existing states • Limited Government provided this!

  3. Federalism • Federalism • A division of power between the central and state governments • Each level has its own powers! • The Constitution creates a division of powers • It assigns certain powers to the NATIONAL government and certain powers to the STATES • Spelled out in the 10th Amendment • A dual system of government • Two basic levels each with its own sphere of authority • Federalism allows and encourages: • Local action in matters of local concern • National action in matters of national concern

  4. Each State is Unique! • 1/3 of the States are directly involved in the liquor business • In 48 states, gas stations are self-service • New Jersey and Oregon don’t allow you to pump your own gas • North Dakota doesn’t require voters to register • Nebraska has a unicameral legislature • Oregon allows physician-assisted suicide • Alaska, Delaware, New Hampshire, Montana, and Oregon do not impose a general sales tax • Connecticut, Iowa, Mass., NH, NY, and Vermont allow same-sex marriage

  5. Powers of the NATIONAL Government • National Government has Delegated Powers which are granted to it in the Constitution • Three Types: • Expressed (Enumerated) Powers – spelled out or written, expressly, in the Constitution • Most are in Article I, Section 8 • Include: • Power to coin money • To set and collect taxes • Regulate foreign and interstate commerce • Maintain an army • Declare war • Etc.

  6. Implied Powers – not expressly stated in the Constitution but are reasonably suggested (implied) by the expressed powers • Article I, Section 8, Clause 18 • Called the “Elastic Clause” • Because over time it has been stretched to cover so many situations • Inherent Powers – those powers that belong to a national government because they are essential to what a government does! • Power to: • Regulate immigration • To acquire territory • Grant diplomatic recognition to other states • Protect the nation against rebellion or overthrow

  7. Powers Denied to the National Gov. • Constitution denies certain powers in three ways: • Expressly stated in Constitution • Freedoms in Bill of Rights can’t be taken • Silence of the Constitution • Gov has only the powers the Constitution gives • No power to set up national school system • No power to enact national marriage laws • Denied by Federal System • Can’t do anything to threaten fed. system • Can’t tax states for carrying out gov. functions

  8. Powers of the STATE Governments • Reserved Powers • 10th Amendment • Those powers that the Constitution does not grant to the Nat’l Gov and doesn’t deny to the states • Ex: marriage, driving, gambling laws • Powers Denied to the States • Expressly stated in the Constitution • Can not threaten the Federal system • State Constitutions deny some powers

  9. And Now Some Relationship Info from the Expert…. • An Exclusive Relationship • NOT an Exclusive Relationship

  10. The Exclusive Powers • Those that can be exercised exclusively by the national government (includes most of the delegated powers) • Under no circumstances can they be exercised by the states • The Concurrent Powers • Powers the national and states governments both possess and exercise • Powers are held separately and simultaneously • Ex: Tax

  11. Exclusive Powers of the Nat’l Gov Reserved Powers of the State Gov’s Maintain law and order Levy taxes Borrow money Charter banks Establish courts Provide for public welfare Build roads Concurrent Powers

  12. Supremacy ClauseArticle VI

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