Transcript Federalism - TeacherWeb

Federalism
How does this system divide powers
between a central government and
state governments?
What is Federalism?
• A system of government where
powers are equally divided between
state and local governments
• Provides specific powers for the
national level and the state level
• No one level, acting alone, can
change those powers
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10
Amendment
“The powers not delegated to the United
States by the Constitution, nor prohibited
by it to the States, are reserved to the States
respectively, or to the people.”
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• What does this mean?
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• Why is the 10 Amendment
important to preserving federalism?
Division of Powers
• Delegated Powers – granted to the United States
government through the Constitution
– Express Powers
– Implied Powers
– Inherent Powers
• Reserved Powers – granted to the state
governments by the United States Constitution
• Concurrent Powers
Expressed Powers
• Powers expressly written in the Constitution
– Collect taxes
– Regulate foreign trade
– Maintain an armed forces (military)
– Declare war
– Coin money
– Special powers to the president
• Pardons, make treaties, command the army
Implied Powers
• Powers not written in the constitution, but
are reasonably implied by powers that are.
– Necessary and Proper Clause (elastic clause)
• “…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 there of.”
• Allows the government to create powers
that are required to carry out their duties
Examples of Implied Powers
• Interstate Highway Systems
• Creating hydroelectric dams
• Creating federal crimes
–Kidnapping
–Gambling
–Drug and Alcohol crimes
• Discrimination against people
Inherent Powers
• Powers that all national governments have
historically possessed
• Not written in the Constitution
– Regulate Immigration
– Deport illegal immigrants
– Acquire Territory
– Recognizing other states as countries
– Protect the nation against coups and spies
State Powers
• Powers given to the States are known as
Reserved Powers.
• Powers not given to the National government,
but also not given to the state government
• 10th Amendment:
– “The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the
people.”
Reserved Powers
• States can create laws simply because the Constitution
doesn’t say they cannot.
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Marriage laws
Driving laws
Licensing (plumbers, hairdressers, lawyers)
Creating public school systems
College and University systems
Gambling
• Ehrlich and slot machines
• The United States government can’t created these laws
because the Constitution doesn’t given them the
power to.
Exclusive and Concurrent Powers
• Exclusive – powers only given to the
National Government
– Coin money
– Regulate trade
• Concurrent – powers shared by the
national and state governments
– Collect taxes
– Create and enforce laws
– Eminent domain