Section 4.1
“The Division of Power between the Federal
Government and the States”

First of all, what exactly is
Federalism?


Reasons for Federalism…
Why would the “Framers” choose
Federalism?


Parliament to Articles of
Confederation…
Problems with both!

Strengths of Federalism…

How does this photo illustrate federalism?

State/Local tradition or Issue…

State/Local tradition or Issue…

State/Local tradition or Issue…

Delegated Powers
 Powers given to the Federal Government
specifically granted in the Constitution…
 AKA: “Exclusive,”“Enumerated” OR
“Expressed” powers…
 Three types of delegated powers we will discuss…
 Expressed, Implied, Inherent

Delegated Powers
1. “Expressed” – Actually spelled out in the
Constitution (enumerated)



* Article I, Sec. 8: Powers to Congress *

18 clauses, 27 total
Article II, Sec. 2: Powers to President
Powers also noted in various amendments…

EX) 16 th

Examples of “Expressed
Powers”
(you tell me)

Delegated Powers
2. “Implied” – Not specifically said, but
‘implied’ through expressed powers…
 Article I, Sec. 8: The “Necessary and Proper” clause
Congress’
Expressed
Power
The Need to
Enforce an
Expressed
Power
The
Necessary and Proper
Clause
Implied
Powers!!!

Examples of
“Implied Powers”!!!

Taft-Hartley Act

How is this an example of an implied power???

How is this an example of an implied power???

What does this mean??

Delegated Powers
3. “Inherent” – Powers that are naturally given to sovereign nations not already listed…
 BECAUSE it is a government, it has THIS or THAT power…
 EX) BECAUSE I am a teacher, I have the power to do THIS…

Examples!

How is this an example of an inherent power???

How is this an example of an inherent power???

How is this an example of an inherent power???

Powers DENIED to the Federal
Government
 There are 3 ways that powers are denied to the Feds…
1. Through “silence”…

The government only has power to do what the
Constitution says!

Powers DENIED to the Federal
Government
2. Denied through “expression”…
 “Suspension of Habeas Corpus” (held w/o reason)
 Lawmakers cannot pass “Bills of Attainders” (guilt w/o trial)
 No “titles of nobility”
 No “Ex Post Facto Laws”
 Various Amendments... (1 st , 4 th and 6 th )

Habeas Corpus

Bills of Attainder

Ex Post Facto Laws

Powers DENIED to the Federal
Government
3. Denied through the existence of the
“Federal system”…
 10 th Amendment: “The powers not delegated to the United States by the
Constitution… are reserved to the States
respectively.”

Why could the Department of Education be considered controversial?

State Power
 Basis of State powers…
 10 th Amendment: “The powers not delegated to the United States by the
Constitution… are reserved to the States
respectively.” (“Reserved Powers”)
 All but ONE of the states’ powers are from constitutional silence…

State Power

Only “Expressed” state power: regulation of manufacture, sale and consumption of alcohol! (21 st Amendment)

Powers DENIED to the States
 Denied Expressively – word for word!
 Examples?
 Denied Inherently – we have a federal system!

Powers to BOTH?
 “CONCURRENT” Powers…
 Note: Cities and city governments exist because states allow them to…
 States: Unitary form of government!

Judicial Branch’s Role
 Remember… the “Supremacy Clause”
(Article 6)
 The Courts serve as a referee between the 50 states and the Federal government…

Supremacy
Clause in action…
U.S.
Constitution
U.S. Treaties and
Federal Laws
State Constitutions and
State Laws
City/County Charters and
Ordinances