Read Article 1, sect. 8 of the Constitution and note the clause(s) granting Congress each of the following powers• raise and maintain armed forces

• Clauses 12 – 16

• decide how citizens of other countries can become U.S citizens• Clause 4

• mint money• Clause 5

• set up a court system• Clause 9

• borrow money• Clause 2

• declare war• Clause 11

• set up a mail system• Clause 7

• impose taxes• Clause 1

• make laws as needed to carry out expresses powers• Clause 18

• regulate foreign and interstate trade• Clause 3

Federalism: Powers Divided

• Federalism: a system of gov’t in which a written constitution divides the powers of gov’t on a territorial basis, between a central gov’t and several regional gov’ts

•Why did the framers choose this forms?

• Duel System of gov’t• 2 basic levels of government – each with their own fields of

authority and each operating:• over the same people and • the same territory at • the same time

• Federalism’s major strength lies in this certain fact:• It allows _________ action in matters of __________ concern

and _________ actions in matters of larger concern

• Local traditions, needs, and desires vary from one State to another, and federalism allows for differing circumstances among States

• NJ & Oregon – no self service gas stations• Only one state (ND) does not require you to register to vote• Oregon allows for physician assisted suicide • State sales taxes (except Alaska, Delaware, NH, Montana, and Oregon)

Experimental and innovative solutions!• “laboratories of gov’t”

• Ex: welfare and State discretion in determining eligibility for aid

• National Guard and Natural Disasters – State and National control

• Recent ex: Massachusetts, 2006 – the original “Obamacare”

Powers of the Federal Gov’t• Delegated powers – National gov’t only has powers delegated

(granted) to it by the _______________

• 3 types of delegated powers• Expressed powers – powers delegated to the National Gov’t in the

___________ also called “__________ powers”

• Implied powers – not expressly stated in the Constitution but reasonably _________

• Inherent powers – those powers that belong to the National gov’t b/c it is the national gov’t of a _________ state

Power Denied to the Federal Gov’t

• It gives and it denies power to the National Gov’t

• 3 ways• Expressly• Silence• Because of the federal system itself (ex. National gov’t

can’t tax States)

The States • Reserved powers – located in ______ Amendment• Powers that the Constitution does not grant to the _________ gov’t and does not

deny the _________ gov’t

• Ex: • Can forbid the marriage of anyone under 18 w/o parent consent • Outlaw prostitution• Establish public schools

• Scope of reserved powers is HUGE!!!

Powers denied to the States

• Expressly denied – Check out Article I, section 10 and the 13th, 14th, 15th, 19th, 24th, and 26th amendments

• Some denied to the State inherently because of the _________ system• Ex: no State can tax the National Gov’t

Exclusive and the Concurrent Powers• Most powers that the Constitution delegates to the National Gov’t

are exclusive powers

• They can exercised only by the ________ gov’t they CANNOT be exercised by the _________ under any circumstances

• Some are expressly denied to the States (ex. Coin money, tax imports)

• Some by nature (ex. Regulate interstate commerce)

Exclusive and the Concurrent Powers cont. • Some of the powers delegated to the National gov’t are concurrent

powers

• Powers that both the National gov’t and the State gov’t• Ex: tax, define crimes and set punishments for them

• Held and exercised separately and simultaneously by the two levels of gov’t

Venn diagram

Supreme Law of the Land

• Federalism is bound to lead to ________________!!! Think about it!

• Founders knew! Article VI sect. 2 • The Constitution and the laws and treaties of the United States are “the

supreme law of the Land”

• The “linchpin of the Constitution” – joins national gov’t and State gov’t together and forms a __________ gov’t!