The United States’ Government

1. The United States’ Government Federalism

2. Objectives • You Should Be Able To… •Explain how the Constitution distributes power between the national and state governments. •Describe the various types of federalism. •Explain the changes that have occurred in the federal system in the past 200 years •Describe the advantages and disadvantages of a federal system.

3. Cerebral Calisthenics: Analyze This Quote The true essence of federalism is that the States have legitimate interests which the National Government is bound to respect even though its laws are supreme. -Justice Sandra Day O’Connor (1985)

4. What is Federalism? Federalism: system of government which divides the powers of government on a territorial basis between a central, or national, government and several regional governments. The United States: has a federal system of government where the states and national government exercise separate powers within their own spheres of authority.

5. Federalism: A Visual Representation

6. Who Decides Where The Power Lies? The US Constitution Distributes Powers between The National And State Governments: • Enumerated (Delegated/Expressed) Powers • Reserved Powers • Implied Powers • Inherent Powers • Concurrent Powers

7. Enumerated/ Expressed / Delegated Powers The Supremacy Clause Article VI of the Constitution: Declares that the laws of the national government deriving from the Constitution to be “the supreme law of the land” which the states must obey.

8. Reserved Powers The Bill of Rights: The 10th Amendment Declares that “The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people. ”

9. Implied Powers Constitution: Article I, Section 8: (Elastic Clause) Allows Congress to make laws that are “necessary and proper” for carrying out its enumerated powers. Constitution: Article II, Section 2: The President shall be Commander in Chief of the Army and Navy of the United States As Commander in Chief, President Has Been Granted Emergency Powers in times of War or Emergency

10. Inherent Powers • The Few Powers That Belong To The National Government Because it is a Sovereign State within the World Community • These are powers that national governments have historically had • Regulate Immigration • Deport Undocumented Aliens • Acquire Territory • Grant Diplomatic Recognition to Other States • Protect Against Rebellion

11. Concurrent Powers Powers that both the National Government and the States Possess and Exercise

12. American Federalism: Who Wants Some Cake? What Do You Think Marble Cake Federalism Is? What Do You Think Layer Cake Federalism Is? Dual Federalism: clearly enumerated powers between the national and state governments, and sovereignty in equal spheres. 1790’s-1930 Cooperative Federalism: national and state governments sharing functions and collaborating on major national priorities. 1930-1960

13. American Federalism: The Picket Fence Creative Federalism • This relationship between states and the national government was characterized by overloaded cooperation and crosscutting regulations. • Categorical Grants • 1960-1980

14. “New” Federalism: What Kind of Cake Is This? New Federalism: • Characterized by further devolution of power from national to state governments. The returning of powers to states from the National government. • Block Grants • 1981-Present

15. Pros and Cons of a Federalist System

16. What Are Some of The Powers & Responsibilities Carried Out by Each Level of Government? • With a partner you will discover some of the powers and responsibilities carried out by each level of government. • Which powers/duties/roles fall under the National Government? State Governments? Local Governments? • Use the resources provided by Mr. Mitchell to begin your search