The Division of Power
Federal and State Governments
REASONS FOR A FEDERAL SYSTEM
CRITICAL THINKING
“Why would the FRAMERS OF THE CONSTITUTION choose a
FEDERAL SYSTEM?” (think about English Parliament and the
Articles of Confederation)
1.) ENGLISH PARLIAMENT was TOO POWERFUL in it’s exercise of
power over the colonists!
2.) The ARTICLES OF CONFEDERATION were TOO WEAK to deal with
growing problems in the country!
A FEDERAL SYSTEM WAS THE EASY
MEDIUM!
ADVANTAGES OF FEDERALISM?
1.) …ACCOMMODATE FOR DIVERSITY – among the
STATES! (Texas & hand-gun laws, Vermont & same-sex marriage)
2.) …STRENGTHENS LIBERTY and PREVENTS
TYRANNY
(SEPARATION OF POWERS, CHECKS & BALANCES at
different levels of govt)
3.) …encourages LABORATORIES OF DEMOCRACY
(states have authority to craft their own policies while national
government has the ability to implement successful policies) HOW?
THINK of relevant and real-life EXAMPLES…
4.) …ALLOWS FOR LOCAL TRADITIONS TO BE
FOLLOWED – among the STATES! (NJ & gas, ND & voter
registration, NE & their state legislature)
DISADVANTAGES OF FEDERALISM?
1.) …FISCAL DISPARITIES among the states (CT – $49,852
and MS – $26,535; affects government SPENDING IN THOSE STATES)
2.) …LACK OF ACCOUNTABILITY (speed limits; welfare
reform in 1996 devolved some power back to the states)
3.) …RELIANCE ON THE COURT SYSTEM (Same-sex
marriage? Medicinal marijuana? Abortion?)
4.) …PREVENTS THE CREATION OF A NATIONAL
POLICY
(the U.S. does not have a single policy on many issues;
often leads to confusion) – OR, rather, SOLIDARITY throughout
the U.S.
The Division of Power
Federal and State Governments
POWERS DIVIDED THROUGHOUT THE U.S.
 DELEGATED POWERS
•
•
•
Expressed/Enumerated
Implied
Inherent
 “RESERVED POWERS”
 POWERS DENIED… (States & Feds)
#1:
DELEGATED
POWERS
“…powers that are given to the U.S. Federal Government in the U.S.
Constitution in some way, shape or form”
There are THREE types of DELEGATED POWERS:
 EXPRESSED/ENUMERATED
 IMPLIED
* INHERENT – could be EXPRESSED or IMPLIED
EXPRESSED
POWERS
“…powers that are actually spelled out in the U.S. Constitution”
“Where can you find EXPRESSED Powers in the U.S.
Constitution?”
1.) ARTICLE I, SEC. 8: Powers to Congress (18
clauses, 27 total powers)
2.) ARTICLE II, SEC. 2: Powers to President
3.) VARIOUS AMENDMENTS
IMPLIED
POWERS
“…powers that are not specifically stated, but IMPLIED through
CONGRESS’ EXPRESSED powers” (Article I, Section 8)
NECESSARY & PROPER CLAUSE
“The Congress shall have Power… 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.”
Expressed
Power of
Congress
The need to
enforce an
Expressed
Power…
NECESSARY
& PROPER
CLAUSE
IMPLIED
POWER
EXAMPLES?
Federal Reserve? Drugs? National Bank? USAF? FCC? NCLB? Military
Draft? Social Security? ObamaCare?
INHERENT
POWERS
“…powers that are NATURALLY GIVEN to sovereign governments
because it is a sovereign government”
* “BECAUSE it is a government, it has THIS or THAT
power” – EXAMPLES?
* “BECAUSE I am a teacher, I have the power to do
THIS or THAT”
EXAMPLES?
‘Basic Powers’ of the government? Border/immigration control? National
defense? Taxation?
#2:
RESERVED
POWERS
“…to reserve is to save, in this case all powers not specifically given to
the Federal Government are reserved for the State Governments”
* All but ONE of the states’ powers come from
CONSTITUTIONAL SILENCE (Tenth Amendment):
 Only EXPRESSED STATE POWER: regulation,
manufacture, sale & consumption of alcohol!
(Twenty-First Amendment)
“The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
RESERVED to the States…” – TENTH AMENDMENT
#3:
DENIED
POWERS
“…powers that are specifically NOT allowed to either the federal or
state governments.”
1.) Denied through EXPRESSION





Lawmakers cannot pass “BILLS OF ATTAINDERS”
No “EX POST FACTO LAWS”
HABEAS CORPUS may not be suspended, unless…
Various Amendments
…to the States, as well
2.) Denied through SILENCE
* TENTH AMENDMENT – Federal Govt can only do what
the U.S. Constitution say it can do!
ROLE OF THE JUDICIAL BRANCH
Remember the SUPREMACY CLAUSE
(Article 6)
“This Constitution, and the Laws of the United States which shall be
made in pursuance thereof; and all treaties made, or which shall be
made, under the authority of the United States, shall be the supreme
law of the land; and the judges in every state shall be bound thereby,
anything in the constitution or laws of any state to the contrary
notwithstanding.”
The COURT SYSTEM serves as a REFEREE between
the 50 states and the Federal government!
“FEDERAL PREEMPTION”
SUPREMACY CLAUSE
U.S.
in action…
Constitution
U.S. Treaties &
Federal Laws
State Constitutions &
State Laws
City/County Charters &
City Ordinances