Government Chapter 4: Federalism

1. Government Chapter 4: Federalism Section 1: Powers and Responsibilities

2. Powers of the Federal Government • The U.S. Government holds three types of powers: expressed, implied, and inherent

3. 1. Expressed Powers • Powers that the Constitution expressly, or specifically, grants to the federal government. • Article 1 Section 8 • Issuing money, collecting national taxes, borrowing money, paying government debts, regulating trade among the states and with foreign governments, declaring war, and raising and maintain armed forces.

4. Article II and III • Judicial Branch • Power to decide several kinds of cases, including those concerning the Constitution, federal laws, and treaties.

5. 2. Implied Powers • Powers that are suggested by the expressed powers. • Article I Section 8 • Give Congress the power “to make all laws which shall be necessary and proper.” ( A flexible/ living document) • Elastic Clause • Allows Congress to stretch its authority in ways not specifically granted nor denied to it by the Constitution.

6. 3. Inherent Powers • Powers that naturally belong to any government of a sovereign nation. • Not mentioned in the Constitution. • Making international agreements and acquiring territories.

7. Powers of State Governments • Reserved Powers • Reserved to the states. • Establish local governments • Create public school systems • Enact criminal and civil laws

8. Concurrent Powers • Those that the Constitution neither grants exclusively to the federal government nor denies to the states. • Establishing court systems • Make and enforce laws • Collecting taxes

9. Limits on Federal and State Powers • Powers denied to the Federal Government • Article I Section 9 • Tax exports • Pass laws favoring the trade of one state over another • Enact laws that establish a monarchy • May not pass laws that threaten the federal system

10. Powers Denied to the States • Article I Section 10 • May not issue its own money • May not make a treaty with a foreign government • May not declare war unless invaded • States may not manage trade with other states or foreign countries without Congress’s approval.

11. Powers Denied to Both Levels • Neither level of government may deny people accused of crimes the right to trial by jury. • The Constitution forbids the federal government and the states from granting titles of nobility.

12. Responsibilities • Federal Responsibilities • The Federal government has three main responsibilities regarding the States. • 1. Must ensure that all states have a republican (representative) government. • 2. Protecting the states from violent actions (foreign invasions). • 3. Guards the states territorial rights ( No new states may be formed without the approval of Congress).

13. State Responsibilities to the Federal Government • Establish boundaries for districts where members of the House are elected. • Electing members of Congress • Maintain National Guard Units

14. The Courts and the Federal System • Article III • Gives the judicial branch the authority to hear cases involving the Constitution, U.S. laws, and disputes among states.