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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 th 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.” ______________________________________________________________________ • What does this mean? th • 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. – – – – – – 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