Federalism:
The Division of Power
How did the US Constitution create a
federal system of government?
• The Constitution organized government
in a new way.
• It created a federal system of
government.
The Constitution gives certain powers
only to the national government
and certain powers only to the states.
Federal System
• There are also certain powers that
federal and state government share
powers.
• All other powers are kept by the
people.
What is a federal system of
government?
• According to the natural
rights philosophy, the people
have a right to create a
government.
Photo from iep.utm.edu
John Locke
What was the name of the philosopher whose natural
rights philosophy influenced the Founding Fathers?
“We the People…”
• The Constitution begins with the words “We the
People”.
• The people have created a government and have
given it the authority to govern them.
• In return, government is responsible for protecting
the people’s rights to...
• Life
• Liberty
• Property
The Constitution
creates limits and
guidelines for the
government in order
to protect the people
from an abuse of
power.
Constitution
The constitution is a social contract
between We the People and the
government.
The Constitution
protects the
rights of the
people from the
government.
It all starts with the
people…
The people must consent to give the
power to make and enforce laws to
the government.
Government
The government is structured to offer
protection for the people through
public safety measures and the justice
system.
The
People
Sovereign
• The people remain sovereign at all
times.
What does sovereign mean?
• Sovereign means to have the highest
rank of authority.
• The people have ultimate authority to
control government.
• This is where the term “popular
sovereignty” comes from.
So how is power divide between the
federal and state governments?
• There are different kinds of powers:
• Expressed powers
• Powers that are listed
• Reserved powers
• Powers specifically given to either the
federal or state government
• Concurrent powers
• Powers shared by the federal and state
governments
• Powers denied
Expressed Powers
Powers Granted
Expressed:
Spelled out in the Constitution
Powers of the
Federal Government
•Article I, Section 8
•18 clauses giving 27 powers
•Tax
•Coin money
•Regulate trade
•Declare war
•Grant patents
Article I, Section 8
What About Article I, Section 8,
Clause 18?
This is what is known as the
“elastic clause” or implied powers.
Implied:
Not written
in Constitution,
Question
for but
reasonably suggested
Discussion:
•Article I, Section 8, Clause 18
Why might some
•Thepeople
Elastic Clause
have a
•Build dams
problem
with the
•Highways & roads
“elastic clause”?
•“necessary and proper”
•Determine crimes
Article I, Section 8,
Clause 18
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.
Reserved Powers
Reserved Powers:
10th Amendment
•Not granted to Federal, but not denied to
states.
•Legal marriage age
•Drinking age
•Professional license
•Confiscate property
The power of the state to protect and promote
public health, the public morals, the public
safety, and the general welfare.
Powers of the State
Governments
Amendment X (10)
Concurrent Powers
Concurrent:
The national and
state governments
share these powers
May be exercised
separately and
simultaneously
•Collect taxes
•Define crimes
•Condemn or take
private property for
public use
Powers of
the Federal
Government
Article I,
Section 8
Concurrent
Powers
•Collect
taxes
•Define
crimes
Powers of the
State
Governments
Amendment X
(10)
•Condemn
or take
private
property for
public use
Powers are expressly given to the federal
government and reserved to the states.
Concurrent powers are where the national
and state government meet in the middle
and share power.
Powers Denied
Denied Federal Government:
Expressly denied:
•Infringe on rights (speech, press,
etc.)
Denied State Governments:
Constitution denies certain
powers to state, because they
are NOT a federal
government.
Silence in Constitution:
•Make treaties
•Only has delegated powers
•Print money
Denied in Federal System:
•Deny rights to citizens
•Cannot tax states
Denied Both:
Both state governments and national government have been denied the
power to violate rights of citizens
What protects the rights of the people from the government?
So What Does It All Look Like?
Powers of the
Federal
Government
Concurrent Powers
•Collect taxes
Powers of the
State
Governments
•Define crimes
Article I, Section
8
•Condemn or take
private property for
public use
Powers Denied to the Federal
Government
Amendment X
(10)
Powers Denied to the State
Governments
The Supremacy Clause
(Article VI, Section 2)
United States
Constitution
If there is a
conflict
between a
lower law and a
higher one, the
higher one
“wins.”
Acts of
Congress
State
Constitutions
State Statues
(laws)
City and
County Laws
The U.S.
Constitution
is the
“Supreme
Law of the
Land.”