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Federalism

Federalism. It’s Role in our Government. REVIEW: What is Federalism?. Definition - A system where the powers of government are divided between a national government and the state governments This division of powers was implied in our Constitution:

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Federalism

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  1. Federalism It’s Role in our Government

  2. REVIEW: What is Federalism? • Definition - A system where the powers of government are divided between a national government and the state governments • This division of powers was implied in our Constitution: • “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 --10th Amendment

  3. REVIEW: What is Federalism? • Federalism produces a dual system providing for two basic levels of government, each with its own field of authority • National law always trumps state law, but federalism allows the states to address their unique needs in ways that they choose themselves (so long as their actions do not violate what the federal government has done)

  4. Powers of the National Government • Expressed Powers – granted to it by the Constitution • These are the powers that are specifically written into the Constitution • Question – what are some of the powers of the President or the Congress as stated in the Constitution?

  5. Powers of the National Government • Implied Powers – not specifically stated in the Constitution, but are reasonably suggested by the Expressed Powers • The Necessary and Proper Clause (Article 1, Section 8) says that Congress has the 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.”

  6. Powers of the National Government • Examples of Implied Powers – • It has made federal crimes of such acts as moving stolen goods and gambling devices across state lines • Congress was able to do this because the power to do so is reasonably implied by just one of the expressed powers - the power to regulate interstate commerce

  7. Powers of the State Governments • Reserved Powers – those powers that the Constitution does not grant to the national government and does not, at the same time, deny to the States • “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 --10th Amendment

  8. Powers of the State Governments • Examples of Reserved Powers – states can… • Permit some forms of gambling while outlawing others • Require doctors, lawyers, plumbers and hairdressers to be licensed in order to practice • Establish public schools and regulate public utilities (such as natural gas, oil, electricity, etc.) • States can do all of this and more because: • The Constitution does not give the national government these powers • It does not deny the States the power to take them

  9. Powers of the Federal and State Governments • Concurrent Powers – those powers that both the national government and the states possess and exercise simultaneously

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