Unit 5 Section 1 Notes Federalism

1. Unit 5 Section 1 NotesFederalism

2. What is federalism??? • A system in which power is divided between the national government and state governments • Federalism is a dynamic concept that affects everyday decisions at all levels of life. To understand Federalism we must talk about the Constitution.

3. Division of Powers • The constitution divided government authority by giving the national government certain specified powers and reserving all other powers for the states or the people. The constitution also allowed States and the National government to share some powers. Finally the Constitution specifically denied some powers to each level of government.

4. National Powers • The Constitution grants three types of power to the national government: expressed, implied, and inherent powers • All together these powers are known as delegated powers. These powers are delegated by the constitution to the national government.

5. National Powers • Expressed Powers • directly stated in the Const. • Expressed powers are also called enumerated powers.

6. National Powers • Implied Powers • Implied powers are powers that the government needs to carry out the expressed constitutional powers. These powers are not specifically listed, but implied. Implied Powers are dependent on expressed powers. For example, the power to draft people into the armed forces is implied by the power given to the government to raise an army and navy. • The basis for (how they can justify) the implied powers is the necessary and proper clause ~ the elastic clause (Article I, Section 8), which allows congress to stretch its powers.

7. Inherent Powers • Those powers that the national government may exercise simply because it is a government are its inherent powers.For Example: the national government must control immigration and establish diplomatic relations with other countries – even though these powers are not spelled out in the constitution.

8. The States and the Nation • Some people felt that the constitution granted too much power to the national government. In the Federalist - by James Madison – Madison argued that in fact it (constitution) granted few and limited powers to the national government while the state’s powers were many and broadly drawn.

9. The States and the Nation • The constitution also gives/ reserves certain powers strictly to the states. These are called reserved powers. • Not all reserved powers are listed in the constitution but are implied. Example: The states have the authority over the regulation of public school systems.

10. The Supremacy Clause • What happens when states exceeds their reserved powers and pass laws that conflict with national laws? Which law is supreme? • Article VI, section 2 of the constitution makes the laws passed at a national level supreme. For this reason Article VI, section 2 is called the supremacy clause. • No state law or state constitution may conflict with any form of national law. States may not use their power or money to interfere with national law. Local governments are also bound to the supremacy clause.

11. The Concurrent Powers • The federal government and the state governments have some concurrent powers. • Concurrent powers are simply shared powers. • Examples: the power to tax, to maintain courts and define crimes, and to appropriate private property for public use.

12. Denied Powers • The Constitution specifically denies some powers to all levels of government. • Listed in Article I, Section 9 • Examples: gov’t cannot tax exports, cannot interfere with the ability of states to carry out their responsibilities.

13. Denied Powers • Section 10 of Article I presents a long list of powers denied to the states. • No state can make treaties or alliances with foreign government. • States cannot coin money, make laws impairing the obligations of contracts, or grant titles of nobility. • States must have congressional permission to collect duties on exports or imports or to make agreements with other states