Federalism by 5KxFLO6


                   Division of Power
• Federalism
     • “Division of power on territorial basis”
         – National, state, local - Level of government has their
           own powers
             » Each of the divisions operates over the same
                people simultaneously
             » Strength: Allows local action on local concerns
                (e.g. Sales Tax)
• Delegated Powers
     • Expressed powers – Congress & Pres
         – Written out in Constitution Article 1 Sect. 8
              » 27 powers given to Congress (e.g. coin money)
         – Implied Powers – Art. I Sect. 8 “Necessary & Proper”
              » “Congress to make all laws which shall be
                necessary & proper” (Elastic Clause)
              » E.g. interstate highway system
         – Inherent powers – National gov.
              » Power not expressly written
              » Powers that all government naturally develop (e.g.
                deportation of aliens, acquire territory)
Additional Powers
• Exclusive Powers
     • Powers exercised by only national gov.
         – States cannot use these laws
             » Creation of treaties, coin money,
• Concurrent Powers
     • Powers held by nation & state
         – Powers not expressly written for Nation gov.
           – but not necessarily denied to states
             » E.g. power to levy taxes, define crimes
         – These powers are the lubricant of federalism
           – make federalism work
• Supremacy Clause (Linchpin)
     • Constitution stands as the law of the land
         – Above all other forms
     • National gov. make supreme laws of the
       land – 2nd to the Constitution
     • Linchpin to Federalism – because it holds
       Nation & State together – in law
      Denied Powers of Federalism
• 3 Avenues of denied powers
      • Expressed powers only & Silence of the Constitution –
      • Denied powers due to federalism
          – Powers reserved for the states
              » Powers not granted to federal gov. States have them
              » Powers remain with the states
          – State determine laws & qualifications
              » Sale of Pornography or liquor
              » Licensing of doctors, lawyers
              » Creation of public schools
• Activity – pg 88 - 95
      • Make a three column chart (Federal gov. State gov. Both)
      • Place each of the following powers, laws, or responsibilities
        under its correct heading & jurisdiction
          – National defense, gambling, public education, voter registration,
            foreign affairs, disaster relief, levying taxes, coining money, divorce,
            treaties, hunting laws, declaring war, interstate commerce, real
            estate, environ. Protection.

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