chapter 4 federalism: the division of power state government federal government
TRANSCRIPT
CHAPTER 4
FEDERALISM: THE DIVISION OF POWER
STATE GOVERNMENT
FEDERAL
GOVERNMENT
WHY FEDERALISM?
• “FEDERALISM” BECAUSE: – 1. It created a central government strong enough to meet the
nation’s challenges.
– 2. It created a government that still had strong states’ rights.
– 3. It maintained a belief in limited government that would protect individual liberty.
– 4. It would prevent abuse of power.
• FEDERALISM IS:
1. Government powers are divided between a central government and state governments.
2. “Division of powers”– 10th amendment.
3. Dual system of government.
Federal government—defense, FBI, Protect the environment, foreign affairs, natural disaster relief, etc.
State governments– speed limits, liquor laws, sales taxes, etc.
POWERS OF THE NATIONAL GOVERNMENT:
• The National government is a government of delegated powers.• 3 types of delegated powers:
– 1. Expressed Powers– – Congressional powers are specifically listed in the Constitution.
(Art. I, Sect. 8, cl. 1-17) There are 27 powers listed. – The 16th and 25th Amendment grants additional power.– Presidential powers are found in Art. II, Sect. 2.– Judicial powers are in Art. III.
– 2. Implied Powers—– Are powers “hinted at” by the Constitution but not listed.– Art. I, sect. 8, cl. 18—Elastic Clause– McCulloch v. Maryland, 1819.
– 3. Inherent Powers—– These are powers that governments historically possess.– Acquire new territory, regulate immigration, protect from internal
revolt, etc.
POWERS DENIED TO THE FEDERAL AND STATE GOVERNMENTS:
• Certain powers are denied to the federal government by Art. I, Sect. 9, by them not being mentioned in the Constitution (public education, marriage laws), and by certain powers being reserved for the states.
• STATES:• Powers reserved for the States are found in the 10th amendment.
(regulate business within its borders, public schools, license requirements, alcohol, elections)
• Powers denied to the States are found in Art. I, Sect. 10, 13th, 14th, 15th, 19th, 24th, and 26th amendments.
EXCLUSIVE, INHERENT AND CONCURRENT POWERS:Exclusive powers- exercised by the National government
alone. (coin $, regulate interstate trade, military, treaties) Inherent powers are those of merely being a legislature.
(make laws and create policies).Concurrent powers- powers shared by both national and
state. (taxes, borrow $, courts, define crimes, eminent domain)