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Section 1

The Division of Powers. The Constitution preserves the basic design of federalism—the division of government powers. It divides government authority between the national and state governments. The national and state governments also share some powers. Section 1. National Powers.

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Section 1

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  1. The Division of Powers • The Constitution preserves the basic design of federalism—the division of government powers. • It divides government authority between the national and state governments. • The national and state governments also share some powers. Section 1

  2. National Powers • The powers the Constitution grants the national government are called delegated powers. • The three types of delegated powers are: • Expressed powers—those powers directly expressed or stated in the Constitution by the Founders. Most of these powers are found in the first three articles of the Constitution. Section 1

  3. National Powers (cont.) • Implied powers—the authority that the national government requires to carry out the powers that are expressly defined in the Constitution. • The elastic clauseis the basis for the implied powers because it allows the powers of Congress to stretch. • Inherent powers—those powers that the national government may exercise simply because it is a government. Section 1

  4. The States and the Nation • The powers the Constitution reserves strictly for the states are called reserved powers. • States have authority over some matters not found in the Constitution. • The supremacy clause—Article VI, Section 2—makes the acts and treaties of the United States supreme. Section 1

  5. Division of Federal and State Powers Section 1

  6. The States and the Nation (cont.) • Concurrent powersare those powers that the national government and states both have. • Concurrently with the national government, the states may exercise any power not reserved by the Constitution for the national government given state actions do not conflict with national laws. • Denied powersare those powers denied to all levels of government by Article I, Section 9 of the Constitution. Section 1

  7. Guarantees to the States • The Constitution obliges the national government to do three things for the states: • The national government must guarantee each state a republican form of government. • The national government must protect states from invasion and domestic violence. • The national government has the duty to respect the territorial integrity of each state. Section 1

  8. Admission of New States • The Constitution gives Congress the power to admit new states to the Union. There are two restrictions on this power: • No state may be formed by taking territory from one or more states without the consent of the states involved and of Congress. • Acts of admission are subject to presidential veto. Section 1

  9. Admission of New States (cont.) • An enabling act, when signed by the president, enables the people of a territory interested in becoming a state to prepare a constitution. • The territory’s constitution is submitted to Congress who, if agreeable, passes an act admitting the territory as a state. • Congress or the president may impose certain conditions before admitting a new state, including requiring changes in the drafted constitution submitted by a territory. Section 1

  10. Admission of New States (cont.) • Once admitted to the Union, each state is equal to every other state and has rights to control its internal affairs. • All states in the Union are bound to support the Constitution. Section 1

  11. National Governors’ Association • The National Governors’ Association (NGA) supports federalism by helping governors in state policy making and in influencing national policy. • Through the NGA, states share ideas on how to solve problems. • By joining together, the governors have become a bigger part of national policy-making. Section 1

  12. Obligations of the States • State and local governments conduct and pay for elections of all national government officials. • States play a key role in the process of amending the Constitution. According to the Constitution, no amendmentcan be added to it unless three-fourths of the states approve it. Section 1

  13. The Courts as Umpire • Because federalism divides the powers of government, conflicts often arise between national and state governments. • By settling such disputes, the federal court system, particularly the Supreme Court, plays a key role of umpire for our federal system. • Through the years, the Court’s view of how power should be divided between state and national governments has shifted in response to national trends and according to the makeup of the Court. Section 1

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