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Learn about the concept of federalism and how power is shared between the national government and state governments. Explore the different types of federal powers, the importance of the 10th Amendment, and the concept of concurrent powers. Understand how the Constitution acts as the supreme law of the land.
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Warm Up Think about different things the government does. The National Government probably does some of the things you thought of, while your State or town does others. Still other things, like collecting taxes, are done by both. Complete the worksheet by listing each power in one of the three columns on your paper based on what level of government you think performs the task
What Is Federalism? • Federalism: a system of government in which power is shared between the national government and the state governments • State laws often reflect the unique traditions, culture, economy, and geography of those States. • To navigate these differences, interstate industries, such as transportation, are regulated by the Federal government. The division of power between federal and State governments often requires national and local leaders, like President Obama and Texas Governor Rick Perry, to work together.
Types of Federal Powers • Expressed Powers: powers of the National Government that are spelled out in the Constitution • Examples: power to declare war, coin money, maintain an armed force, regulate interstate commerce • Implied powers: not expressly stated in the Constitution, but they are reasonably suggested by the expressed powers • “Congress has the power to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States”
Types of Federal Powers • Examples of Implied Powers • Power to tax: power to set tax rates, power to determine punishment for tax evaders • Power to raise a military: power to create new branches, power to institute a draft • Power to regulate interstate commerce: power to set product safety standards, power to set a minimum wage
From 1776 to 1898, the U.S. acquired the land from which new States were eventually formed. Congress is the only body that has the power to admit new states
The powers denied to the National Government are varied and extensive. How is federalism preserved by the denial of these powers?
Powers of the States • the 10th Amendment states that the States are governments of reserved powers (powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States) • Most of what government does in this country today is done by the States and their local governments • Examples: police power, establish public schools, regulate utilities within a State
One reserved State power is the right to issue licenses to various professionals, such as nurses and physicians. Such a license is required to practice in that particular State.
Concurrent Powers • held and exercised separately and simultaneously by the two basic levels of government • Examples • power to levy and collect taxes • to define crimes and set punishments for them
Congress has the implied power to make grants-in-aid to States and their local governments. With most agencies that receive grant money, the states operate the program while the federal government only provides the money.
The Constitution Reigns Supreme • Supremacy Clause: states that the Constitution, federal law, and treaties of the United States are the "supreme Law of the Land“ • Whenever there is a conflict between the Federal law and a state law, the Federal law prevails
In 1963, President Kennedy sent federal troops to intervene when Governor George Wallace blocked the door of the University of Alabama to prevent African American students from entering.