Federalism, State and Local Government
Students will understand and be able to
explain the principles, functions, and
organization of federal, state, and local
government focusing on and
interactions and relationships with
various levels of government and the
obligations and services provided to its
citizenry.
Federalism
Goals:
 Students will define the system of federalism.
 Students will analyze how federalism limits
government power.
 Students will compare concurrent powers, enumerated
powers, reserved powers, and delegated powers as they
relate to state and federal government.
 Students will analyze the issues related to the Tenth
Amendment of the U.S. Constitution.
Which statement describes a similarity between
the state and the federal governments under the
U.S. Constitution?
A. Both levels of government allow for the election of
judges.
B. Both levels of government have the power to ratify
treaties.
*C. Both levels of government allow for the collection of
taxes.
D. Both levels of government have the power to appoint
ambassadors.
Powers and Responsibilities
 The powers and responsibilities of the
federal government revolve around issues
that impact…
 THE ENTIRE COUNTRY!
 The powers and responsibilities of the state
government revolve around issues that
impact…
 The state and issues that the federal
government does not oversee.
Powers and Responsibilities
 Concurrent powers are powers that the federal and
state government _______________ because there are
issues that both the federal and state governments
have to deal with.
 Concurrent powers are shared powers between the
federal and state governments.
 The powers and responsibilities of local government
revolve around issues that impact…
 The community, public safety, and utilities.
 Citizens in your community have been asking
questions and they aren’t sure which level of
government they should approach to have their
questions answered.
 Your task is to identify the level of government (local,
state, and/or federal) that would be in the best
position to satisfy or resolve each of the questions on
the list.
 For each question on the list, place it on the
“Analyzing Functions of Local, State, and Federal
Government” activity sheet and most importantly,
you need to be able to explain why you chose the
level of government for each question.
“The powers delegated by the proposed Constitution to the
federal government, are few and defined. Those which are
to remain in the State governments are numerous and
indefinite. The former will be exercised principally on
external objects, as war, peace, negotiation, and foreign
commerce; with which last the power of taxation will, for
the most part, be connected. The powers reserved to the
several States will extend to all the objects which, in the
ordinary course of affairs, concern the lives, liberties, and
properties of the people, and the internal order,
improvement, and prosperity of the State.” – James Madison
Brainstorm and write a response to the following questions:
What conclusions can you make about James Madison’s view on
state and federal government powers? What evidence from the
quote led you to this conclusion?
Discussion
 Why is it important for citizens to know the powers
and responsibilities within each level of government?
 Why do you think different levels of government are
responsible for different things?
 What would be different if there was only a federal
(national) government and no state or local entities?
Or vice versa?
Articles of Confederation
 The government looked very
different before the U.S.
Constitution was in place.
 The government organized under
the Articles of Confederation was
a loose association of states
that was organized for limited
purposes such as defense.
The Articles of Confederation
 The separate state governments were stronger than
the national government, which led to a lot of
problems for the new nation.
 Most of the founders of the U.S. wanted a stronger
national government, they worried about giving the
government too much power.
 The issue of balancing power was a core debate
when creating the U.S. Constitution.
Federalism
 Federalism: a system of
government in which
power is divided and
shared between
national, state, and local
government.
 Federalism is a core
democratic principle of our
government.
Federalism
 In a federal system, the
power of the government
is distributed to different
levels of government:
national, state, and
local.
 The national
government is also
referred to as the federal
government.
Federalism
 The power that each government level has relates to
the types of issues each level has the power to deal
with. For instance, the federal government has the
power to handle issues the entire nation is concerned
about. The state governments have the power to
handle issues that concern citizens of particular states.
Similarly, local governments have the power to
address issues that concern citizens in towns and
cities.
Delegated/Enumerated Powers
 The federal government is a government of delegated
powers. Delegated powers are also known as
enumerated powers. In other words, the federal
government only has those powers that the people
have given it in the U. S. Constitution.
 In Article I, Section 8, of the U.S. Constitution the
powers listed in this section are the powers delegated
to Congress.
The 10th Amendment: Reserved Powers
 State powers are referred
to as the reserved powers.
The states have the powers
that are not granted to the
federal government in the
U.S. Constitution.
 The Tenth Amendment
was included in the Bill of
Rights to further define the
balance of power between
the federal government
and the states.
Reserved Powers
 The amendment says that the federal government has
only those powers specifically granted by the U.S.
Constitution.
 According to the 10th amendment, any power not
listed is left to the states or the people.
 Although the amendment does not specify what the
state powers are, the U.S. Supreme Court has ruled
that laws affecting marriage, divorce, adoption,
commerce that occurs within a state’s borders, and
local law enforcement are among the powers
specifically reserved to the states or the people.
Concurrent Powers
 Powers that are shared by the federal and state
governments are called concurrent powers. For example,
the federal and state governments both have the power to
tax.
Discussion
 How do the delegated powers in Article I, Section 8
and the Tenth Amendment compare? What do you
notice about how the powers are described?
 What might be some effects from the way both are
written?
 Why do you think the framers of the U.S. Constitution
listed specific powers for the federal government and
not for the states? How and why are the powers of the
federal government limited?
Let’s determine if a federal, state, or
concurrent power is being expressed…
 After Superstorm Sandy in October 2012, President Obama
worked with Governor Chris Christie of New Jersey and pledged
federal support to help repair the massive storm damage
throughout the state. What is this an example of? CONCURRENT
 Each state has its own rules and regulations for obtaining a
teaching certificate. If a teacher living in Florida would like to
move and teach in Texas, he or she would need to pass one or
more exams in order to be certified to teach in Texas. What is this
an example of? RESERVED
 The state of Montana borders Canada. If a conflict occurs
between Montana and Canada, can Montana declare war on
Canada? Why or why not? What is this an example of?
DELEGATED (Only Congress can declare war! Art. 1, Sec. 8)
The Supremacy Clause
 What happens if a state or local government writes a law which
conflicts with the U.S. Constitution or a national law?”
 The U.S. Constitution is the supreme law of the land and that a
state or local government cannot make laws that conflict with the
U.S. Constitution or with laws passed by Congress. This is because
of the Supremacy Clause in Article VI of the Constitution.
Federal, State, and Local Powers and Services
I. Federal Government – The federal government is the organization through
which political authority is exercised at the national level, it is the government of
the United States.
 Federal Powers – The federal powers are the powers listed in the U.S.
Constitution and the ones necessary for the federal government to function.
a. Delegated powers – Delegated powers are the specific powers assigned to the
federal government.
b. Expressed powers – Expressed powers are the powers listed in the U.S.
Constitution.
c. Implied powers – Implied powers are not written in the U.S. Constitution but they
are the powers that are necessary and proper in order for the federal government to
carry out the expressed powers.
d. Inherent powers – Inherent powers are not listed in the U.S. Constitution but they
are the powers necessary for the federal government to function.
Federal Services
 Summary of Services – The services of the
federal government are to protect, assist or
manage issues that are of interest or concern of
the entire country. For example, the federal
government provides post offices and money,
manages relationships with other countries and
between states, determines naturalization laws
and supports a military.
Federal, State, and Local Powers and Services
II. State Government – The state government is the organization
through which political authority is exercised at the state level; it is the
government of a specific state.
 State Powers – The state powers are the powers not listed for
the federal government in the U.S. Constitution and the powers
necessary for the states to function.
a. Reserved powers - Any power that is not given to the federal
government is given to the state governments.
 Summary of Services – The services of the state governments
are to protect and regulate issues that impact the entire state. States
provide regulations for local government services, grant business
licenses, driver’s licenses and teaching certificates and provide
public safety through police, fire and highway safety.
Federal, State, and Local Powers and Services
III. Concurrent Powers – Concurrent powers are
powers that belong to the federal and state governments.
 Examples: collect taxes, build roads, borrow money,
establish courts, make and enforce laws, spend money for
the general welfare, charter banks and corporations
Federal, State, and Local Powers and Services
IV. Local Government – Local government is the
governing body of a municipality or county.
 Local Powers – Local powers are given to local
governments by state governments.
 Summary of Services – Citizens come in
contact with many local governments services
on a daily basis. Local governments provide
police and fire protection, build roads, create
parks, utilities and recycling.
The Venn diagram below shows some services provided by
state and local governments.
Which service completes
the Venn diagram?
A. regulating taxicabs
B. creating a police force*
C. regulating savings
banks
D. issuing driver licenses
Station 1: Article I: Section 8
 You are going to look closely at the powers listed
for the federal government in order to understand
how the powers become services for citizens.
 Read each excerpt with your teammates and
describe the meaning.
 On the back, explain the following: How do the
powers of this level of government translate into
services for the country? What is the impact of
these services on citizens’ lives?
Station 2: State and Local
 Look at the “State and Local Government
Functions & Services” reading
 Read the passage with your teammates.
 On the back of your sheet, using what they
have read, write 2 paragraphs summarizing
state and local services and explain how
they impact citizens’ lives.
Station 3: Pin the Power!
 In your team, deliberate and decide whether each
power or service is at the federal level, state level,
or both.
 Pin the power up on the Venn Diagram.
 Then as a team, come to consensus and fill in your
own Venn Diagram (Delegated/Enumerated,
Reserved, or Concurrent)
 On your Venn Diagram, use evidence from your
text to justify your answer…
(e.g.The federal government has the power to
declare war. It is delegated in Article I, Section 8.)
Station 4: Current Events Research
 Review your instructions and guidelines for your
current events assignment.
 Do some research and choose your event.
 Complete your assignment to turn in on Friday!
Station 5: Concept Mapping
 Using the text we will create concept maps for the
powers and services at each level.
 Concept maps will give a visual representation of
vocabulary and allow for deeper understanding.
 We want to go beyond memorization and be able to
identify terms in context.
 Application of terms using real life examples.
Which statement completes the diagram?
A. Joining a Military Service
B. Obtaining a Driver’s License
C. Becoming a Naturalized Citizen
D. Receiving a Social Security Card
Obligations and Services
 The federal government and state and local
governments in the U.S. are obligated by the U.S.
Constitution, state constitutions and local charters to
provide services to people living within their
jurisdictions. The obligations and services provided by
each level of government speak to the role that these
governments play in citizens’ lives
Federal government’s obligations
and services to the people
 Article I, Section 8 of the U.S. Constitution outlines the powers of
Congress. These powers of Congress list the federal government’s
obligations to the people.
 The opening phrase of Article I, Section 8 demonstrates the obligations
and services that the federal government is obligated to provide:
“The Congress shall have Power To lay and collect Taxes, Duties, Imposts
and Excises, to pay the Debts and provide for the common Defence and
general Welfare of the United States; but all Duties, Imposts and Excises
shall be uniform throughout the United States…”
Federal government’s obligations
and services to the people
 Article I, Section 8 enumerates
(lists) the powers of Congress.
 The final clause of this section
(18) extends to Congress
whatever powers it needs to
carry out the enumerated
powers listed up to that point in
the section.
 The “elastic clause” is shown here: “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, or in any Department
or Officer thereof.”
Federal government’s obligations
and services to the people
 Together, the terms that are used to describe federal
powers are: delegated, enumerated and expressed.
All of these suggest that powers used to fulfill federal
obligations are limited.
 However, the fact that Congress may do what it
believes it needs to in order to fulfill its obligations
suggests that Congress’ powers are not as limited as
Article I, Section 8 would suggest.
 Implied and inherent powers are federal powers not
specifically listed in the Constitution.
The state government’s obligations
and services to the people
 The State of Florida is obligated
to provide specific services to
individuals living in Florida.
 These services include public
safety, law enforcement, health
services and education.
 Florida’s obligations and services are
granted through the Tenth
Amendment which reads as follows:
“The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.”
The state government’s obligations
and services to the people
 As indicated by the Tenth Amendment, the states have
“reserved” powers, which are powers that the state
governments have to fulfill their obligations and services.
 The powers reserved to the states are not limited; states may
do what they want as long as they are not forbidden from
doing so by the federal government.
 The Florida state government has the highest authority over
local government affairs, as defined by the U.S. federal
system.
 Local governments, counties and cities, are sections of the
state government. They may not pass laws that conflict with
state laws.
The local government’s obligations
and services to the people
 Public safety is a key
responsibility of local
government that provides law
enforcement, fire protection,
animal control and protection,
and code enforcement.
 One of the most important
safety services provided by city
and county government is
police protection and law
enforcement. City police
officers and county sheriffs are
responsible for enforcing
federal, state and local laws.
The local government’s obligations
and services to the people
 In the event of a declared emergency, local law
enforcement authorities are obligated and empowered
to enforce all orders, rules and regulations issue
pursuant to the state Emergency Management Act.
 Public safety also includes fire protection, building
inspection, code enforcement, animal control and
protection, and emergency medical and rescue
services.
The local government’s obligations
and services to the people
 Public services are basic city services that
include transportation and public works,
sanitation, solid and liquid waste
management, air quality management,
toxic and hazardous waste disposal, storm
water management, parks, public
recreational services, libraries, water
purification, wastewater (sewage)
treatment, cable television, airports, ports,
harbors, public cemeteries, golf courses,
public housing assistance, and electric or
gas utilities.
The local government’s obligations
and services to the people
 Counties must carry out constitutionally
mandated responsibilities and those
established by the state. County-level
constitutional services include law
enforcement and jail administration, tax
collection, property appraisal, state court
administration and supervision of elections.
 Counties are also charged with road
maintenance, public health, solid waste
disposal and other environmental
responsibilities. Elected county officials
determine other county services.
The local government’s obligations
and services to the people
 Each county has its own school district that has
elected boards that govern the day-to-day operations
of K-12 public education. School districts are a specialpurpose local government. Funding is provided
through property taxes and state revenues.
Sharing obligations, services
and powers
 Federal, state and local governments share
responsibility to provide for the general welfare.
 In order to fulfill these responsibilities, governments
are extended powers, some of which are limited by the
U.S. and state-level constitutions.
 Federal obligations and services extend to all
Americans no matter the state in which they live
while state obligations and services are provided to all
who live within that state’s borders.
Sharing obligations, services and
powers
 Concurrent powers are
powers that are shared
between and among the
federal, state and local
governments.
 For example, both the
federal and state
governments have the
power to tax while both the
federal and state
governments are obligated
to provide public services,
such as health and medical
care.
STATION 1: Excerpts from Article 1, Section 8 of the U.S. Constitution
Directions: For each excerpt of Article I, Section 8, summarize the text in your own words.
What it says:
SECTION. 8. The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for the
common Defence and general Welfare of the United States; but all
Duties, Imposts and Excises shall be uniform throughout the United
States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several
States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on
the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix
the Standard of Weights and Measures;
To establish Post Offices and post Roads;
To constitute Tribunals inferior to the supreme Court;
To declare War, grant Letters of Marque and Reprisal, and make Rules
concerning Captures on Land and Water;
What it means:
the power to set taxes, tariffs and other
means of raising federal revenue, and to
authorize the expenditure of all federal
funds
The federal government borrows
money by issuing bonds. This creates a
national debt, which the United States
is obligated to repay.
allows Congress to regulate business
activities "among the states."
Establish rules for naturalization or
immigrants becoming citizens
Coin money
Establish post offices
Create courts below the Supreme Court
Declare war
To raise and support Armies, but no Appropriation of Money to that
Use shall be for a longer Term than two Years;
Create and support an Army
To provide and maintain a Navy; To make Rules for the Government
and Regulation of the land and naval Forces;
Create and support a Navy
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, or in any
Department or Officer thereof.
Congress can create laws that are
necessary and proper to carry out their
powers
Station 2: State and Local Summaries
 The services of the state governments are to protect
and regulate issues that impact the entire state. States
provide regulations for local government services,
grant business licenses, driver’s licenses and teaching
certificates and provide public safety through police,
fire and highway safety. Citizens come in contact with
many local governments services on a daily basis.
Local governments provide police and fire protection,
build roads, create parks, utilities and recycling.
Station 3: Powers and Services Venn
Expressed, Implied & Inherent Powers







Print money
Regulate trade between states
Make treaties and conduct foreign policy
Declare war
Provide an army and navy
Establish post offices
Make laws that are necessary and proper to carry out these powers
Concurrent Powers







Collect taxes
Build roads
Borrow money
Establish courts
Make and enforce laws
Spend money for the general welfare
Charter banks and corporations
Reserved Powers






Issue licenses
Regulate business within a state
Conduct elections
Establish local governments
Protect the public health and safety
May use any powers that the Constitution doesn’t delegate to the national government or deny to
the states