federalism chapter 4. i.federalism dual system of government each level with its own sphere of...
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FEDERALISMCHAPTER 4
I. Federalism
Dual system of government
Each level with its own sphere
of power.
Each level acting alone can not
alter the basic division of power
A.Strength
Permits local action in matters
of local concern
Permits Nat'l action in matters
of Nat'l concern
EX: gambling in some states but
not in others.
B. Powers
The division of power is explicitly
stated in the 10th Amendment
1. Delegated powers
powers granted by the
Constitution.
a. Expressed powers
delegated in words, literally
written in the Constitution.
Article I Section 8 – Powers
of Congress. 27 powers in
18 clauses.
Article II Section 2 – powers
of the President
Article III Section 3 – powers
of the Supreme Court
Ex: collecting tax, coin money regulating trade, declaring war
b. Implied Powers
powers not specifically stated but reasonably implied from those that are.
Necessary and Proper– The Elastic Clause.
Article I Section 8, Clause 18
Means convenient and expedient
Ex: Interstate commerce
An expressed power to regulate
interstate trade.
Used to: Regulate labor, build dams, set punishment for crimes,
And prohibit racial discrimination in restaurants, theaters, and hotels
McCulloch v. Maryland
Maryland challenged the right of
Congress to create the Bank of the U.S.
Supreme Court upheld the establishment of the bank as necessary and proper to execute the power to tax, borrow, and coin money
c. Inherent powers
powers that belong to the Nat’l government because it is the Nat’l government.
EX: regulate immigration
deportation of aliens
acquire territory
diplomatic recognition
2. Reserved powers
10th Amendment
All powers not granted to the Nat’l government nor denied to the States are reserved to the States or to the people.
EX: restrictions on handguns
charters for businesses
establishing public schools
3. Exclusive powers
powers that may be exercised by the Nat’l government only
EX: coin money
make treaties
tax imports
4. Concurrent powers
powers which belong to both the Nat’l and State governments
EX: collect taxes
define crimes
provide of punishment for crimes
C. Powers denied to the Nat’l government
1. Three ways power is denied
a. Constitution
Article 1 Section 9
EX: No taxes on exports
No bill of attainder
No ex-post-facto law
No title of Nobility
Bill of Rights – the first 10 Amendments
b. Constitution’s silence concerning them
Public schools
Uniform marriage or divorce laws
Establishment of local units or government
c. Nature of Federalism
things that threaten the existence of the system
EX: cannot tax any State in the performance of it’s governmental functions
**** May tax non-governmental functions – liquor stores, bus systems, or farmers markets
D. Powers denied to the States
Article 1 Section 10
EX: No State may enter into a
treaty, No State may coin money,
No State may tax imports or
exports.
14th Amendment