Federalism
Federalism: a system of
government where a written
constitution divides the powers of
government
Federalism
Division of Powers: separate
powers for national government
and the states
–Spelled out in the 10th
Amendment
Federalism
Delegated Powers: powers granted
to the national government by the
Constitution
• Expressed Powers: spelled out
specifically in the Constitution
– Article 1 Sec. 8 – gives 27 specific
powers to Congress
Federalism
Implied Powers: powers not
expressly stated in the Constitution
but are reasonably implied.
implied powers are an
expressed power!
Confused yet?
Federalism
Article 1 sec. 8 clause 18 gives
Congress the “necessary and
proper” power to do what is
necessary and proper to carry out
its duties
Federalism
Inherent Powers: Powers given to
the national government because it
is the national government.
– i.e. regulate immigration, deport
aliens, acquire territory, etc…
Powers Denied to the National
Government (expressed)
– Levy duties on exports
– Deny freedom of religion, speech,
press, or assembly
– Conduct illegal search and seizures
– Deny people a speedy, public trial by
jury
Powers Denied to the National
Government
(silence of the Constitution)
- Public school system
- Enact uniform marriage or divorce
laws
- Set up units of local governments
Powers Denied to the National
Government
(threat to the federal system)
- Cannot tax a state.
Alternate Intelligence
What can you break with only
one word?
Silence.
What can you give away and
still keep?
A cold.
What cannot be seen but only
heard, and will not speak
unless it is spoken to?
An echo.
What can't you see that is
always before you?
The future.
What comes from a tree and
fights cavities?
A toothpick.
Reserved Powers
- Reserved Powers are powers held by
states in the federal system.
- Powers not given to National
Government, and not denied to the
states.
- i.e. drinking laws, marriage laws,
driving laws, etc.
Powers denied to the States
- Enter in to a treaty or alliance
- Coin money
- Deprive due process
- Cannot threaten the federal system
– i.e. Tax the National Government
Local Governments
- A federal system only calls for the
national government, and the state
governments
- There are more than 80,000 local
governments
- Local governments are subunits of the
state
- Local governments only have the
powers that the states give them.
Exclusive Powers
- Powers that can be only exercised by the
National Government
- i.e. Coin money, make treaties
Concurrent Powers
- Powers that both the National Government
and the States posses and exercise
- i.e. Collect taxes, define crimes, set
punishment
- Concurrent powers are held and exercised
separately and simultaneously
Supremacy Clause
- Article VI Section 2: The Constitution is the
supreme law of the land
- McCulloch v. Maryland 1819 Massachusetts placed a tax on a national
bank.