FEDERALISM
TASKS FOR TODAY
Review the different types of powers within the Federal system
Complete a series of competitions to match powers and understand
the divisions of the federal government
 1) Venn Diagram Completion
 2) State or National?
 3) Where’d the Power Come From?
TYPES OF POWERS
Delegated Powers/ Exclusive Powers
Expressed Powers
Implied Powers
Inherent Powers
Reserved Powers
Concurrent Powers
DEFINITION OF POWERS
Delegated Powers—different powers given to the three branches of
government in the Constitution
 Expressed Powers—Those powers of Congress specifically listed in the Constitution.
 Implied Powers--powers exercised by Congress which are not explicitly given by the
Constitution itself but necessary and proper to execute the powers which are.
 Inherent Powers--powers held by a sovereign state
Reserved Powers--a political power reserved by a constitution to the exclusive
jurisdiction of a specified political authority
Concurrent Powers-- powers in nations with a federal system of government
that are shared by both the State and the federal government
MOST POWERS COME FROM…
•Most national government powers come from Article I Section 8 (18
clauses that gives 27 powers)
•Article II and III talk to a few more powers of the Executive and
Judicial Branches
•Clause 18 of Art. I Sec. 8 is “Necessary and Proper Clause”
•Most state government powers come from the 10th Amendment
declaring reserved powers
TASK #1
Using the list of terms, place them on the Venn Diagram where they
best fit
Use pencil so that you can make changes
*We will correct the answers*
You can use your notes to help you!
TERMS TO USE
1. Collect Taxes
10. Raise an Army
2. Regulate Marriages
11. Enforce Criminal Codes
18. Regulate Alcoholic
Beverages
3. Regulate Interstate Commerce
12. Regulate Professional
Standards
19. Tax Normal State
Operations
4. Coin Money
13. Declare War
20. Grant Pardons
5. Charter Local Governments
14. Administer Drivers’
Licenses
21. Deny Freedom of Press
6. Lend and Borrow Money
7. Registration and Voting
8. Establish Police Force
9. Claim Private Property
15. Establish Courts
22. Power to Levy Duties on
Exports
16. Build Interstate
Highways
23. Deny Right to a Jury Trial
17. Establish Rules for
Deportation
24. Setting Punishments for
Crimes
The Division of Federal and State Powers
Nat’l Gov’t Powers
Powers Denied to
Nat’l Gov’t b/c of
Fed. System
State Gov’t Powers
Tax normal state
operations
Declare War
Regulate Interstate
Commerce
Grant pardons
Coin money
Raise an Army
Collect
taxes
EXEC
JUD
Establish Courts
Borrow and
Lend $
Build interstate highways
Claim Priv.
Prop
Establish rules for
deportation
Inherent
Est. Police
Force
Concurrent
Powers
Establish min. age for
marriage
Enforce Criminal Codes
Charter Local Governments
Registration and voting
Regulate Professional Standards
Administer Drivers’ Licenses
Reg.
Alcoholic
beverag
es
Express
Reserved
Set punishments
for crimes
Charter Local Governments
Power to levy
duties on
exports
Deny
freedom
of press
Deny right to a
jury trial
Powers DENIED to Nat'l
Gov’t Expressly
EXCLUSIVE, CONCURRENT, OR RESERVED
In your group, you will have one card that says “state” and the
other will say “federal”
I will read a series of situations, and your group will have to
decide if the issue should be settled by the state or national
government
If your team answers correctly, you gain a point!
JUVENILES ARE TRUANT IF THEY MISS SCHOOL
TOO OFTEN.
TAXES ARE COLLECTED FOR THE BUILDING OF
ROADS.
A SCHOOL IS SET UP TO EDUCATE THE CHILDREN
IN A NEIGHBORHOOD.
A LAW STATES THE HOURS THE POLLS WILL BE
OPEN ON ELECTION DAY.
MONEY IS BORROWED FROM CHINA TO FUND OUR
DEFENSE.
POSTAL OFFICES WILL ONLY BE OPEN ON
MONDAY-FRIDAY.
A NEW COUNTY POSITION IS CREATED.
A PATENT IS GRANTED TO JOE EINSTEIN FOR A
NEW INVENTION.
A LAW IS PASSED ONLY ALLOWING CITIZENS TO
BE MARRIED.
THE ARMY IS DEPLOYED TO UZBEKISTAN.
AN INCOME TAX CUT IS BEING PROPOSED.
A TREATY WITH A FOREIGN COUNTRY TO IMPORT OIL
IS BEING NEGOTIATED.
WHERE’D THE POWER COME FROM?
The Constitution places limits of the Federal Government; it’s
only powers are those granted by the Constitution. Therefore any
federal law must be “rationally” related to a congressional power,
or necessary and proper to effectuate one of them. If Congress
legislates beyond its powers, it is violating the 10th Amendment.
Imagine you are a member of Congress. As a congressional
representative there are many laws you and your fellow
representatives want to pass
You and your group will need to find a specific power listed in
Article I, Section 8 that allows this congressional action.
A) Establish a national drinking age.
B) Establish a national highway speed.
C) Regulate the conduct of railroads and airlines.
D) Desegregate private business.
E) Set minimum-wage laws for private businesses.
F) Forbid kidnapping.
G) Regulate the internet
H) Determine which drugs are illegal and regulate their use.
I) Protect endangered species.
J) Outlaw guns in schools.
K) Regulate healthcare.
PERSONAL FEDERALISM SURVEY
Take the survey and think about who should have the power to decide these issues,
not whether or not you agree with them.
Remember to keep in mind that these questions are not considering what political
party is in power right now, that is subject to change.
CHECK YOUR UNDERSTANDING
How would you summarize what kinds of powers the national government has?
How is this different from what kinds of powers the states have? (in your own
words)
How do the implied powers work? (in your own words).
Why do you think both levels of government have the power to establish law
enforcement agencies?