Federalism the division of power
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Federalism: The Division of Power. Chapter 4 American Government-Mr. Gomez. Government Powers (Division of Powers). Powers Granted. 10 th Amendment. Expressed Implied Inherent. National Government. State Government. Delegated Powers. Reserved Powers. Concurrent Powers.

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Federalism: The Division of Power

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Federalism the division of power

Federalism: The Division of Power

Chapter 4

American Government-Mr. Gomez


Government powers division of powers

Government Powers(Division of Powers)

Powers Granted

10th Amendment

Expressed

Implied

Inherent

National

Government

State

Government

Delegated Powers

Reserved Powers

Concurrent Powers

Denied Both

Denied States

Denied National

Powers Denied


Government powers division of powers1

Government Powers(Division of Powers)

Powers Granted

Expressed

Implied

Inherent

  • Expressed:

  • Spelled out in the Constitution

  • Article I, Section 18

  • 18 clauses giving 27 powers

    • Tax

    • Coin money

    • Regulate trade

    • Declare war

    • Grant patents

National

Government

Delegated Powers


Government powers division of powers2

Government Powers(Division of Powers)

Powers Granted

Expressed

Implied

Inherent

  • Implied:

  • Not written in Constitution, but reasonably suggested

  • Article I, Section 18, Clause 18

  • “necessary and proper”

  • The Elastic Clause

    • Build dams

    • Highways & roads

    • Determine crimes

National

Government

Delegated Powers


Government powers division of powers3

Government Powers(Division of Powers)

Powers Granted

Expressed

Implied

Inherent

  • Inherent:

  • Not written in Constitution, but belong to national governments

  • Regulate immigration

  • Grant diplomatic recognition to nations

  • Protect the nation

National

Government

Delegated Powers


Government powers division of powers4

Government Powers(Division of Powers)

  • Denied:

  • Expressly denied:

  • Infringe on rights (speech, press, etc.)

  • Silence in Constitution:

  • Only has delegated powers

  • Denied in Federal System:

  • Can’t tax states

National

Government

Denied National

Powers Denied


Government powers division of powers5

Government Powers(Division of Powers)

Powers Granted

10th Amendment

  • Reserved Powers:

  • 10th Amendment

  • Not granted to Federal, but not denied to states.

    • Legal marriage age

    • Drinking age

    • Professional license

    • Confiscate property

  • The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.

State

Government

Reserved Powers


Government powers division of powers6

Government Powers(Division of Powers)

  • Denied States:

  • Constitution denies certain powers to state, because they are NOT a federal government.

    • Make treaties

    • Print money

    • Deny rights to citizens

State

Government

Denied States

Powers Denied


Government powers division of powers7

Government Powers(Division of Powers)

Powers Granted

National

Government

State

Government

Concurrent Powers

  • Concurrent:

  • Both States and National have these powers

  • May be exercised separately and simultaneously

  • Collect taxes

  • Define crimes

  • Condemn or take private property for public use

Denied Both

Powers Denied


Government powers division of powers8

Government Powers(Division of Powers)

  • Denied Both:

  • Both States and National have been denied these powers

  • Violate rights of citizens

Powers Granted

National

Government

State

Government

Concurrent Powers

Denied Both

Powers Denied


Government powers division of powers9

Government Powers(Division of Powers)

EXCLUSIVE

Powers Granted

10th Amendment

Expressed

Implied

Inherent

National

Government

State

Government

Delegated Powers

Reserved Powers

Concurrent Powers

Denied Both

Denied States

Denied National

Powers Denied


The supremacy clause article vi section 2

United States Constitution

Acts of Congress

State Constitutions

State Statues (laws)

The Supremacy Clause(Article VI, Section 2)

The U.S. Constitution is the “Supreme Law of the Land.”

If there is a conflict between a lower law and a higher one, the higher one “wins.”

City and County Laws


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