Federalism

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Federalism

• The Division of Power between
• National Government
• State Governments
• Local Governments
• Who has the power?

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Division of Powers

• Constitution decides who has the power
• It assigns certain powers to the National
  Government and / or the
• State Government
• Who has the power regarding cigarette smoking?

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Reserved Power for the State

• Powers given to the states by the 10th Amendment

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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.

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Powers Given to the StatesReserved
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Powers Given to the National Government

• Delegated Powers Powers granted to the National
  Government by the Constitution

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Three Types of Delegated Powers

• Expressed Powers
• Powers that are stated in the Constitution
• Constitution gives Congress 27 powers
• Taxation, coin money, regulate trade

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• Implied Powers
• Powers that are not written in the Constitution
• Powers that are necessary and proper-needed to
  run the government
• Also called the Elastic Clause

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• Inherent Powers
• Powers granted to the National Government because
  it is a sovereign nation within the world
  community
• Power to regulate immigration, deport illegal
  aliens, acquire territory, diplomatic
  recognition, protect itself

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Exclusive Powers

• Most of the Powers given to the National
  Government
• Powers that can be exercised by the National
  Government only

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(No Transcript)
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Concurrent Powers

• Powers that both the National Government and the
  State Government posses.
• Collect taxes, borrow money, court system, punish
  crimes, take property for public use.

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Division of Powers - p. 93
Examples of . . . Examples of . . . Examples of . . .
National Powers Concurrent Powers State Powers
Coin money Regulate interstate and foreign trade Raise and maintain armed forces Declare war Govern the U.S. territories and admit new States Conduct foreign relations Levy and collect taxes Borrow money Establish courts Define crimes and set punishments Claim private property for public use Regulate trade and business within the State Establish public schools Pass license requirements for professionals Regulate alcoholic beverages Conduct elections Establish local governments
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Major Arguments for Federalism

• Prevention of tyranny
• Provision for increased participation in politics
• The use of the states as testing grounds or
  laboratories for new policies and programs

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Supremacy Clause

• United States government has two basic levels of
  government
• Every once in a while they will conflict
• Who is Supreme?

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National Government

• It is the Supreme Law of the land
• Any clash between National Law and State Law will
  be ruled in the National Governments favor.

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McCulloch v Maryland

• Supreme Court played an important role in the
  development of the federal system
• Marshall court (1819) established the doctrine of
  the supremacy of national law
• Supreme Court ruled against MD national
  government is supreme. . . the states have no
  power. . . to impede. . .

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The Supremacy Clause
State Constitutions
City County Charters and Ordinances