Chapter 4: Federalism

American Government

Why Federalism?

Federalism: A system of government in which a written constitution divides the powers of government on a territorial basis between a central or national government and several regional governments (states).

Each has its own set of powers Division of Powers: certain powers to the

national government and certain powers to the state governments. (Dual system of government!)

Odd State Laws?!

In Ohio, if you ignore an orator on Decoration day to such an extent as to publicly play croquet or pitch horseshoes within one mile of the speaker’s stand, you can be fined $25.

Women are prohibited from wearing patent leather shoes in public.

It is illegal to fish for whales on Sunday.

The Ohio driver’s education manual states that you must honk the horn whenever you pass another car.

It is illegal to get a fish drunk.

It is illegal for more than five women to live in a house.

Powers of the National Government

Delegated Powers

Granted by the Constitution

Expressed Powers: Enumerated Powers-delegated to the National Government

Collect taxes, coin money, declare war, etc.

Implied Powers: not stated in the Constitution, but are suggested (implied) by the expressed powers.

Prohibiting racial discrimination, building the interstate highway system, etc.

Powers Continued

Inherent Powers Belong to the National Government because it is

the national government of a sovereign state in the world community.

Powers that over time, all national governments have possessed.

Regulate immigration, acquire territory, protect the nation from attempts to overthrow it, etc.

Is There Anything Gov't Can't Do? It depends who you ask, though. According to our recent administrations:

The government can assassinate American citizens.

The government can search your telephone, e-mail, and financial records without a warrant.

The government can create money out of thin air… money that isn’t backed by anything of value.

The government can subject you to an intrusive inspection that might include a pat-down and body scan.

The government can start undeclared wars in foreign countries.

The government can tell you what you can and cannot eat.

The government can kidnap you and hold you indefinitely without charging you with a crime.

What do you think?!

Powers Denied!

The Government cannot: Take private property for public use without the

payment of just compensation, prohibit freedom of religion, conduct illegal searches, deny a person to a speedy trial, etc.

Create a public school system for the nation, enact uniform marriage and divorce laws, etc.-the silence of the Constitution

Destroy Federalism itself!

Powers Reserved to the States 10th Amendment?! 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.

They can: require professionals to have licenses to practice, outlaw prostitution, prohibit gambling, confiscate property in connection with crimes, establish public schools, etc.

They cannot “trample” on Federal powers! (coin money, enter into a foreign alliance, etc.)

Exclusive and Concurrent Powers

Exclusive Powers: powers exercised by the National Government alone and cannot be exercised by the states.

Concurrent Powers: powers that both the NG and the SG possess and exercise.

Power to levy and collect taxes, define crimes, take property for public use, etc.

Supremacy Clause

Kind of like...The Santa Clause! The Constitution is the Supreme Law of the land.

Constitutes the “Federal System.” The Supreme Court applies the supremacy

clause to conflicts within the government.