federalism a system of government in which a written constitution divides power between a national...

FEDERALISM• A system of government in which a written constitution divides power between a national government and regional governments.• Simply: DIVISION OF POWERS.• Why? Federalism allows local action in matters of local concern and national action in matters of wider concern. We don’t need the Feds to repair our potholes, but the city council can’t provide national defense.

POWERS OF THE NATIONAL GOVERNMENT

The national government has delegated powers -- the powers granted to it by the U.S. Constitution.1) Expressed Powers: powers spelled out in the

Constitution. - Articles 1-8

2) Implied Powers: powers not spelled out in the Constitution, but reasonably suggested by the expressed powers.- Building the Interstate Highway System.

3) Inherent Powers: powers not spelled out in the Constitution, but typical of every sovereign nation.- Regulate immigration or foreign trade.

POWERS DENIED TO THE NATIONAL GOVERNMENT

• Everything protected by the Bill of Rights.•Can’t create a national religion

• All powers not mentioned in the Constitution, or powers not granted due to the silence of the Constitution.

•Can’t create a public school system.• Any power that threatens federalism.

•Can’t tax the states

POWERS OF THE STATES

Powers Reserved to the States are spelled out in the 10th Amendment:•“The powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people.”

POWERS OF THE STATES

• Powers Denied to the States: • Expressed: cannot enter into treaties, alliances, coin or print money, name nobility, tax each other’s exports, deprive life, liberty, and the pursuit of happiness without due process of the law, etc.• Inherent: due to federalism, a state cannot tax the national government, etc.

THE DIVISON OF POWERS

EXAMPLES OF THE DIVISON OF POWER

National Powers: Coin Money Regulate interstate

trade Raise and maintain

armed forces Declare war

State Powers: Regulate trade with-

in the state Establish public

schools Conduct elections Regulate alcoholic

beverages

CONCURRENT POWERS

• Levy and collect taxes• Borrow money• Establish courts• Define crimes and punishments• Claim private property for public use

Can the Feds do it?Can the Feds do it?

1.1. Can they pass a law like No Child Left Can they pass a law like No Child Left Behind, requiring that children and Behind, requiring that children and schools show yearly progress?schools show yearly progress?

Can the Feds do it?Can the Feds do it?

2. Can they demand that a state provide 2. Can they demand that a state provide national guard troops?national guard troops?

Can the Feds do it?Can the Feds do it?

3. Can they make rules about who can fill a 3. Can they make rules about who can fill a Senate seat, like the case in Illinois?Senate seat, like the case in Illinois?

Can the Feds do it?Can the Feds do it?

4. Can they set speed limits on interstate 4. Can they set speed limits on interstate highways?highways?

Can the Feds do it?Can the Feds do it?

5. Can they establish a minimum wage law?5. Can they establish a minimum wage law?