Federalism
Powers Divided
How to preserve the states yet make
a national government strong
enough to do the job?
1. Government power inevitably threatens
individual freedom
 2.exercise of governmental power needs
to be restrained
 3, to divide power is to prevent its abuse
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Federalism
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is a system of government in which a
written constitution divides the power of
government on a territorial basis
between the central government and
several regional governments usually
called states
Division of powers
Dual system of government
 Each has its own authority each
operating over the same people and the
same territory at the same time
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Federalism allows local action in matters
of local concern and
 National action on matters of wider
concern
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States
Serve as experimentation and innovation
 Training ground for what might be at the
national level “laboratories of
government”
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Powers of the Federal Government
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Delegated powers- granted by the Constitution
1. Expressed-spelled out by constitution also
called enumerated powers
Article I section 8 lists powers of legislature
Article II Section 2 gives powers to the
president
Article III gives judicial powers
Amendments
Implied powers
Not expressed but suggested Article I
section 18 is the “Necessary and Proper
Clause”
 Convenient and useful Examples-Federal crimes across
borders, discrimination, highways, dams
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Inherent powers
Powers that belong to the national
government because it is the National
Government of a sovereign state in the
world community, powers over time
 Ex, immigration, acquire territory, grant
diplomatic recognition
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Powers denied the Federal
Government
Expressly - such as levying duties on
exports
 violating basic freedoms in bill of rights
(speech press etc)
 Silent – those not given to it –schools,
marriage laws etc
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Powers denied
Those that would allow it to destroy Taxing of state and local to destroy
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The states
Powers reserved 10th amendment
 Nearly all are reserved for the statelicensing schools land use, regulate
utilities
 Police power- protect and promote the
public health, the public morals, public
safety and the general welfare
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State expressed power
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21st amendment that allows states to
regulate alcohol
State powers denied
No treaty alliance or confederation
 Print money or deprive of life, liberty, or
property without due process
 Tax any agencies of the federal
government
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Exclusive and concurrent powers
Exclusive powers are held by National
government only
 Concurrent powers are held by both and
exercised by both separately
 1. Taxing, define crimes, punish,
condemn and take property
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Supreme law of the land
Supremacy clause- constitution is the
supreme law of the land
 Civil war challenge
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Supreme court
Rules over any conflict of power
 McCulloch vs Maryland taxing of national
bank by state ruled unconstitutional
 Fletcher vs Peck 1810- ruled
unconstitutional the state of Georgia’s
repeal of a law governing contracts for
sale
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