Transcript Government Powers - Wando High School

Federalism: The Division of Power
Chapter 4, Section 1
American government
Government Powers
(Division of Powers)
Expressed
Powers Granted
Implied
Inherent
Delegated
Powers
10th
Amendment
Reserved
Powers
Concurrent
Powers
National
Government
State
Government
Denied Both
Denied States
Denied National
Powers Denied
Government Powers
(Division of Powers)
Expressed
Powers Granted
Implied
Inherent
Delegated
Powers
Expressed
(enumerated powers):
Spelled out in the
Constitution
•Article I, Section 8
National
Government
•18 clauses giving 27
powers
•Tax
•Coin money
•Regulate trade
•Declare war
•Grant patents
Necessary and Proper 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 of Office thereof.”
Article 1 Section 8
1. What does this mean?
Government Powers
(Division of Powers)
Expressed
Powers Granted
Implied:
Implied
Inherent
Delegated
Powers
Not written in Constitution,
but reasonably suggested
•Article I, Section 8, Clause
18
National
Government
•“Necessary and proper”
•The Elastic Clause
• Build dams
• Highways & roads
• Determine federal
crimes
Government Powers
(Division of Powers)
Expressed
Powers Granted
Implied
Inherent
Inherent:
Delegated
Powers
Not written in
Constitution, but belong
to national governments
•Regulate immigration
National
Government
•Acquire Territory
•Grant diplomatic
recognition to nations
•Protect the nation
2. Why should these powers be National even though they’re
not expressed or implied in the Constitution?
Government Powers
(Division of Powers)
Denied:
Expressly denied:
•Infringe on rights
(speech, press, etc.)
National
Government
•Tax exports
Silence in Constitution:
•Only has delegated
powers
Denied in Federal System:
Denied National
•Can’t tax states
Powers Denied
Government Powers
(Division of Powers)
Powers Granted
Reserved Powers:
10th Amendment
•Not granted to Federal, but not
denied to states.
•Legal marriage age
•Drinking age
10th
Amendment
Reserved
Powers
State
Government
•Professional license
•Confiscate property
•Permit forms of gambling
The power of the state to protect
and promote public health, the
public morals, the public safety,
and the general welfare.
Choose one of the powers mentioned and explain why
it should be a power of the state or why it should not
be a power of the National Government.
Government Powers
(Division of Powers)
Denied States:
Constitution denies certain
powers to state, because they
are NOT a federal
government.
State
Government
•Make treaties
•Print money
•Deny rights to citizens
Denied States
Powers Denied
Government Powers
(Division of Powers)
Powers Granted
Concurrent
Powers
National
Government
Concurrent:
State
Government
Both States and National
Deniedhave
Boththese powers
May be exercised separately and simultaneously
•Collect taxes
•Define crimes
•Condemn or take
Powers
private Denied
property for public use
Government Powers
(Division of Powers)
Denied Both:
Powers Granted
Both States and National have been denied these
powers
•Violate rights of citizens
Concurrent
Powers
National
Government
State
Government
Denied Both
Powers Denied
Government Powers
(Division of Powers)
Expressed
Powers Granted
Implied
Inherent
Delegated
Powers
10th
Amendment
Reserved
Powers
Concurrent
Powers
National
Government
State
Government
Denied Both
Denied States
Denied National
Powers Denied
Overview
Delegated Powers
Concurrent Powers
Reserved Powers
(National Government)
(Shared Powers)
(State Government)
• Exclusive Powers
- Expressed
• Shared Powers
• 10th Amendment
• Denied Powers
• Denied Powers
- Implied
(Necessary and Proper
Clause)
- Inherent
• Denied Powers
Unique State laws
• 48 states have gas stations that are self-service
• New Jersey and Oregon law forbids motorists from pumping their own gas
• North Dakota does not require registration for voting
• Nebraska has unicameral state legislature
• Oregon, Vermont, and Washington legally allow physician-assisted
suicide
• Alaska, Delaware, New Hampshire, Montana and Oregon don’t have a
general sales tax.
• In 13 states you can't buy alcohol on Sunday
• Pennsylvania and Utah you can only purchase wine and liquor from a
state store.
• In Massachusetts, you have to have a police officer (or multiple police
officers) stand and watch traffic go by whenever road work or any
kind of utility is being worked on.
Question #4
“Laboratories of Democracy”
5. How do YOU interpret the meaning of
the title as it refers to States?
• Welfare Reform Act of 1996
• Basic features came from welfare programs
of California, Michigan and Wisconsin
Question #5
Dual System of Government
Two basic levels of government operate
over the same territory and the same
people at the same time.
Question #6
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.”
The Supreme Law of the Land
The Supremacy Clause in the Constitution establishes the
Constitution and United States laws as the “supreme Law of
the Land.”
2
3
Chapter 4, Section 1
The Supreme Law of the Land
• Main duty of the Supreme Court
• Apply the Supremacy Clause to the
conflicts which the dual system of
government inevitably produces.
• Court first called in 1819, to settle a
clash between a national and State law
– McCulloch v. Maryland – it
involved the controversial Second Bank
of the U.S.
The Supreme Law of the Land
• Oliver Wendell
Holmes once said, “I
do not think that the
United States would
come to an end if the
Court lost our power
to declare an act of
Congress void. I do
think the Union would
be imperiled if we
could not make that
declaration as to the
laws of the several
States.”