Download FEDERALISM

The Division of Power
Federal and State Governments
Reasons for Federalism…
* Why would the Framers of the Constitution
choose a FEDERAL SYSTEM? (think about English
Parliament and the Articles of Confederation)
1.) The ARTICLES OF CONFEDERATION were TOO WEAK to deal
with growing problems in the country!
2.) English Parliament was TOO POWERFUL in it’s exercise of
power over the colonists!
* Federalism was the easy medium!
Advantages of Federalism?
* …accommodate for diversity! (Texas and hand-gun laws,
Vermont and same-sex marriage)
* …strengthens liberty and prevents tyranny!
(separation of powers at different levels of government)
* …encourages laboratories of democracy! (states
have authority to craft their own policies while national government
has the ability to implement successful policies)
Federalism allows for state and
local traditions to be followed!
Disadvantages of Federalism?
* Fiscal disparities among the states… (CT – $49,852 and
MS – $26,535; affects government spending in those states)
* Lack of accountability… (welfare reform in 1996 devolved
some power back to the states)
* Reliance on the court system… (Same sex marriage?
Medicinal marijuana? Abortion?)
* Prevents the creation of a national policy… (the U.S.
does not have a single policy on many issues; often leads to
confusion)
Delegated Powers
* …powers that are given to the U.S. FEDERAL
GOVERNMENT
* THREE TYPES of delegated powers (Expressed, Implied,
Inherent)
EXPRESSED Powers
* EXPRESSED – actually spelled out in the U.S.
Constitution (ENUMERATED)
* 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 (16th)
IMPLIED Powers
* IMPLIED – not specifically stated, but IMPLIED
through CONGRESS’ EXPRESSED POWERS (Article I,
Sec. 8: the “Necessary and 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.”
Congress’
Expressed
Power
* Examples?
The Need to
Enforce an
Expressed
Power
Necessary
and Proper
Clause
IMPLIED
POWER
INHERENT Powers
* INHERENT – powers that are NATURALLY GIVEN to
sovereign nations (BECAUSE it is a government, it has THIS or
THAT power)
* “BECAUSE I am a teacher, I have the power to do
THIS or THAT”
* Examples?
How Are Powers DENIED to the
Federal Govt?
1.) Denied through EXPRESSION
* Lawmakers cannot pass “Bills of Attainders”
* No “Ex Post Facto Laws”
* Various Amendments
* Habeas Corpus may not be suspended
2.) Denied through SILENCE
* TENTH AMENDMENT – Federal Govt can only do what the U.S.
Constitution say it can do!
* “The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
RESERVED to the States…” – RESERVED POWERS (state)
RESERVED Powers
* All but ONE of the states’ powers come from
constitutional silence, OR the Tenth Amendment…
1.) Only EXPRESSED STATE POWER: regulation
of manufacture, sale and consumption of
alcohol! (Twenty-First Amendment)
* What are EXAMPLES of States’ RESERVED powers?
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!
SUPREMACY CLAUSE
U.S.
in action…
Constitution
U.S. Treaties,
Federal Laws
State Constitutions,
State Laws
City/County Charters,
City Ordinances