The Division of Power
Federal and State Governments
ADVANTAGES OF FEDERALISM?
1.) …ACCOMMODATE FOR DIVERSITY – among the
STATES! (Texas & hand-gun laws, Vermont & same-sex marriage)
2.) …STRENGTHENS LIBERTY and PREVENTS
TYRANNY
(separation of powers, checks & balances at different
levels of govt)
3.) …encourages LABORATORIES OF DEMOCRACY
(states have authority to craft their own policies while national
government has the ability to implement successful policies) HOW?
THINK of relevant and real-life EXAMPLES…
4.) …ALLOWS FOR LOCAL TRADITIONS TO BE
FOLLOWED– among the STATES! (NJ & gas, ND & voter
registration, NE & their state legislature)
DISADVANTAGES OF FEDERALISM?
1.) …FISCAL DISPARITIES among the states (CT – $49,852
and MS – $26,535; affects government SPENDING IN THOSE STATES)
2.) …LACK OF ACCOUNTABILITY (welfare reform in 1996
devolved some power back to the states)
3.) …RELIANCE ON THE COURT SYSTEM (Same sex
marriage? Medicinal marijuana? Abortion?)
4.) …PREVENTS THE CREATION OF A NATIONAL
POLICY
(the U.S. does not have a single policy on many issues;
often leads to confusion) – OR, rather, SOLIDARITY throughout
the U.S.
REASONS FOR A FEDERAL SYSTEM
CRITICAL THINKING
“Why would the FRAMERS OF THE CONSTITUTION choose a
FEDERAL SYSTEM?” (think about English Parliament and the
Articles of Confederation)
1.) ENGLISH PARLIAMENT was TOO POWERFUL in it’s exercise of
power over the colonists!
2.) The ARTICLES OF CONFEDERATION were TOO WEAK to deal with
growing problems in the country!
A FEDERAL SYSTEM WAS THE EASY
MEDIUM!
DELEGATED
POWERS
“…powers that are given to the U.S. Federal Government”
* THREE TYPES of delegated powers (Expressed,
Implied, Inherent)
EXPRESSED
POWERS
“…powers that are actually spelled out in the U.S. Constitution”
“Where can you find EXPRESSED Powers in the U.S.
Constitution?”
1.) ARTICLE I, SEC. 8: Powers to Congress (18
clauses, 27 total powers)
2.) ARTICLE II, SEC. 2: Powers to President
3.) VARIOUS AMENDMENTS (16th)
IMPLIED
POWERS
“…powers that are not specifically stated, but IMPLIED through
CONGRESS’ EXPRESSED powers” (Article I, Section 8)
NECESSARY & PROPER CLAUSE
“The Congress shall have 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, or in any Department or Officer
thereof.”
Expressed
Power of
Congress
The need to
enforce an
Expressed
Power…
NECESSARY
& PROPER
CLAUSE
IMPLIED
POWER
Examples of an IMPLIED POWER?
INHERENT Powers
* INHERENT – “powers that are NATURALLY GIVEN
to sovereign nations” (BECAUSE it is a government, it has THIS
or THAT power)
* “BECAUSE I am a teacher, I have the power to do
THIS or THAT”
* Example of an INHERENT POWER?
How Are Powers DENIED to the
Federal Govt?
1.) Denied through EXPRESSION
* Lawmakers cannot pass “Bills of Attainders”
* No “Ex Post Facto Laws”
* Various Amendments
* Habeas Corpus may not be suspended, unless…
2.) Denied through SILENCE
* TENTH AMENDMENT – Federal Govt can only do what the U.S.
Constitution say it can do!
* “The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
RESERVED to the States…” – RESERVED POWERS (state)
RESERVED Powers
* All but ONE of the states’ powers come from
CONSTITUTIONAL SILENCE, OR the Tenth
Amendment…
1.) Only EXPRESSED STATE POWER: regulation
of manufacture, sale and consumption of
alcohol! (Twenty-First Amendment)
* What are EXAMPLES of States’ RESERVED powers?
Role of the Judicial Branch
* Remember the SUPREMACY CLAUSE
(Article 6)
* “This Constitution, and the Laws of the United States which shall be
made in pursuance thereof; and all treaties made, or which shall be
made, under the authority of the United States, shall be the supreme
law of the land; and the judges in every state shall be bound thereby,
anything in the constitution or laws of any state to the contrary
notwithstanding.”
* The COURT SYSTEM serves as a REFEREE between
the 50 states and the Federal government!
(Federal Preemption)
SUPREMACY CLAUSE
U.S.
in action…
Constitution
U.S. Treaties,
Federal Laws
State Constitutions,
State Laws
City/County Charters,
City Ordinances