Federalism 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” clause » “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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