CHAPTER 4 -- FEDERALISM

1. CHAPTER 4-1 FEDERALISM: THE DIVISION OF POWER CHAPTER 4 -- FEDERALISM

2. Men must register for selective service at 18 Most employers must pay minimum wage No person can be denied a job based on race or ethnicity FEDERAL LAW REQUIRES:

3. You must have a driver’s license in order to drive. It is illegal for anyone under 21 to buy alcohol or for anyone under 18 to buy tobacco Only persons that satisfy certain requirements can buy and possess firearms. State law requires:

4. How could the Framers possibly create a new central government that would be strong enough to meet the nation’s needs and, at the same time, preserve the existing strength of the states? Few Framers favored the British model of government Why federalism?

5. The Framers were dedicated to limited government. Framers were convinced that: (1)Government power poses a threat to individual liberty (2)the exercise of governmental power must be restrained (3)to divide governmental power is to curb it and prevent its abuse

6. FEDERALISM is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments usually called states or provinces. Each level has its own set of powers. Neither level acting alone can change the basic structure of power. Federalism defined

7. Each level operates through its own agencies and acts directly through its own officials and laws The Constitution provides for a DIVISION OF POWERS between the National Government and the States The Xth Amendment spells out the division of power.

8. 1/3 of states operate liquor stores as a public monopoly while the rest are privately owned. In NJ & OR, it is illegal to pump your own gas ND doesn’t require voter registration Only NE has a unicameral legislature OR has legalized assisted suicide AK, DE, NH, MT, OR don’t impose a general sales tax Examples of federalism

9. The National Government is a government of DELEGATED POWERS. It only has powers delegated to it by the Constitution THE EXPRESSED POWERS These powers are specifically stated in the Constitution Powers of the national government

10. Most expressed powers for Congress are in Article I, Section 8. 18 clauses give 27 powers to Congress Collect taxes, coin money, regulate foreign and interstate commerce, raise and maintain armed forces, fix weights and measures, etc. Expressed powers for the President are in Article II Section 2. Commander-in-chief, reprieves and pardons, treaties, appoint major federal officials

11. Several powers are found in the amendments XVIth Amendment-Collect income taxes IMPLIED POWERS Powers not expressly stated in the Constitution Constitutional basis for these powers is in Article I, Section 8, Clause 18—Gives Congress the “necessary and proper power.” This clause is referred to as the Elastic Clause

12. Congress regulates labor-management relations Building of hydro-electric dams Building of 42,000 miles of interstate roads Made acts federal crimes-moving stolen goods, gambling devices, and kidnapped persons across state lines. Prohibited racial discrimination in public places Implied powers-examples

13. These powers belong to the National Government because over time all national government possess these powers Few but important—regulate immigration, deport aliens, acquire territory, grant diplomatic recognition, protect the nation against rebellion or other attempts to overthrow the government by force or other means The inherent powers

14. Constitution denies powers in three distinct ways (1) EXPRESSLY—levy duties on exports; take private property for public use without just compensation, prohibit freedom of speech, etc. (2) SILENCE OF CONSTITUTION—create a public school system, enact uniform marriage and divorce laws, set up local units of government Powers denied to the national government

15. (3) POWERS ARE DENIED BY THE FEDERAL SYSTEM—take no action that would threaten the existence of the government, tax states Congress could, in theory, tax the states out of existance.

16. POWERS RESERVED FOR THE STATES RESERVED POWERS are those powers that the Constitution does not grant to the National Government and does not deny to the States Examples—people under 18 cannot marry in some states without parental consent, no alcohol under 21, ban pornography, prostitution, ban some gambling while permitting specific forms of gambling The states

17. Most of what government does today is done by STATES, not the national government. Reserved powers include the vitally important police power—protect and promote public health, public morals, and public safety, and the general welfare

18. (1) EXPRESSLY--No state can enter into a treaty, coin money, deprive a person of life, liberty, or property without due process (2) INHERENT—states can’t tax federal agencies Powers denied to the states

19. EXCLUSIVE POWERS—Powers reserved only for the national government. Example—make treaties, coin money CONCURRENT POWERS—Powers shared by the National and State governments Example—collect taxes, define crimes, set punishment, take private property for public use (chart p. 93) THE EXCLUSIVE AND CONCURRENT POWERS

20. Two levels of government: National & State Over 87,000 units of local government in the USA (cities, counties, townships, etc.) All units of local government are subunits of the State governments Each state has unitary form of government-local governments are created for its own convenience The federal system and local governments

21. THE SUPREMECY CLAUSE Article VI, Section 2 (chart p. 94) Joins the National Government and the States into a single government unit. THE SUPREME LAW OF THE LAND

22. The Supreme Court is the umpire in the federal system. One of its chief duties is to apply the Supremacy Clause when settling disputes McCulloch v. Maryland (1819) MD tried to tax a bank chartered by the National Government. Bank refused. Cashier was convicted. Supreme Court reversed the decision based on the Supremacy Clause The supreme court and federalism