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Ch. 4 - Federalism

Ch. 4 - Federalism. Federalism is a system of gov’t in which a written constitution divides the powers between a central or national gov’t and state or regional gov’ts (division of powers) .

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Ch. 4 - Federalism

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  1. Ch. 4 - Federalism

  2. Federalism is a system of gov’t in which a written constitution divides the powers between a central or national gov’t and state or regional gov’ts (division of powers) • Strength – Allows local action in areas of local concern and national action in areas of broader concern.

  3. Powers of the National Gov’t are called Delegated Powers • The national gov’t only has those powers delegated to it by the Constitution. • There are three types of delegated power • Expressed Powers • Implied Powers • Inherent Powers

  4. Expressed Powers • Spelled out specifically in the Constitution • Powers of Congress (Article 1, section 8) • Collect taxes, coin money, regulate commerce (business), maintain armed forces, declare war, etc., • Powers of the President (Article 2, section 2) • Commander in chief, grant pardons, make treaties, appoint officials, etc.

  5. Implied Powers • Reasonably suggested or “implied” by the constitution • Necessary and proper clause (Elastic Clause) • Article 1, section 8, clause 18 gives Congress the power to make any laws “necessary and proper” to run the country • Has been interpreted as “convenient and useful”

  6. Inherent Powers • These powers belong to the national government because it is the government of a sovereign state in the world • Examples: regulate immigration, recognize other nations

  7. Powers Denied to the National Government: • Expressly denied (written in Constitution) – prohibit freedom of religion, speech, tax exports, etc • Not mentioned in Constitution – create public schools, enact marriage / divorce laws (therefore these are left to the states) • Denied due to the federal system – the national government can not use powers to destroy state functions (ex: tax)

  8. Reserved Powers – Powers kept for the States • 10th amendment declares that those powers that the Constitution does not grant to the national gov’t NOR deny to the states, thus belong to the states. • Ex: can’t get married if under 18, can’t purchase alcohol under 21, etc (can influence though, ex: highway funding) • Includes most police powers to protect and promote public safety and welfare. • Full faith and credit clause – states must honor each other’s laws • Extradition – you can’t flee to another state to escape criminal prosecution

  9. Powers Denied to the States • EXPLICITLY DENIED – It is written in the constitution – States can not make treaties, coin money, deny due process of law, can’t tax the federal gov’t, etc.

  10. Exclusive Powers Concurrent Powers • Can not be shared by state and national governments • Shared by both the state an national governments ex: tax, punish crimes, eminent domain (taking of private property for public use)

  11. Supremacy Clause • The Constitution and laws and treaties of the US National Government are the “supreme law of the land”. The Constitution is #1, laws and treaties #2. • States can not make laws that violate national laws or the Constitution. • Supreme Court acts as the “umpire” in the system of federalism. The Supreme Court makes the decision when there is a conflict.

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