The Framers were dedicated to the concept of
1. that governmental power poses a threat
to individual liberty,
2. the exercise of governmental power must
3. to divide governmental power, as
federalism does, is to curb it and so
prevent its abuse.
• Who makes the decisions about your life, you or
• Federalism is a system of government in which
divides the powers of government between
national and several regional governments.
• The Constitution provides for a division of
powers, assigning certain powers to the National
Government and certain powers to the States.
Powers of the National Government
The National Government is a government of delegated powers,
meaning that it only has those powers delegated (granted) to it in the
Constitution. There are three types of delegated powers:
• The expressed powers are those found directly within the
• The implied powers are not expressly stated in the
Constitution, but are reasonably suggested, or implied by,
the expressed powers. (necessary and proper clause)
• The inherent powers belong to the National Government
because it is the government of a sovereign state within the
world community, an example being the ability to regulate
Powers Denied to the National Government
Powers are denied to the National Government in three distinct ways:
1. Some powers, such as the power to levy duties on exports or
prohibit the freedom of religion, speech, press, or assembly, are
expressly denied to the National Government in the Constitution.
2. Some powers are denied to the National Government because
the Constitution is silent on the issue. (reserved for states)
3. Finally, some powers are denied to the National Government
because the federal system does not intend the National
Government to carry out those functions.
Powers Reserved to the Powers Denied to the States
States • Just as the Constitution
• Reserved powers come denies many powers the
National Government, it also
from _______ in the
denies many powers to the
• The reserved powers are • Powers denied to the States
those powers that the are denied in much the same
Constitution does not way that powers are denied to
grant to the National the National Government;
Government and does not, both expressly and
at the same time, deny to inherently.
The Exclusive and Concurrent Powers
Exclusive Powers Concurrent Powers
• Powers that can be exercised • The concurrent powers are
by the National Government those powers that both the
alone are known as the National Government and the
exclusive powers. States possess and exercise.
• Examples of the exclusive • Some of the concurrent
powers are the National powers include the power to
Government’s power to coin levy and collect taxes, to
money, to make treaties with define crimes and set
foreign states, and to lay punishments for them, and to
duties (taxes) on imports. claim private property for
• Journal #6:
• Read pg 91 – Voices on Government and
answer the question at the end
• How does this apply today? (stimulus
money, healthcare, BP oil spill, money in
The Supreme Law of the Land
The Supremacy Clause in the Constitution establishes the Constitution
and United States laws as the “supreme Law of the Land.”
The Nation’s Obligations to the States
1. Republican Form of Government
2. Invasion and Internal Disorder
3. Respect for Territorial Integrity
Admitting New States
• Only Congress has the power to admit new States
to the Union.
• Congress first passes an enabling act, an act
directing the people of the territory to frame a
proposed State constitution.
• If Congress agrees to Statehood after reviewing
the submitted State constitution, it passes an act
of admission, an act creating the new State.
Let the $$$$ Flow
• Are grants and federal aid a good thing? Who
and how do they assist?
• Big projects that a city or state may not be able to
• Struggling citizens – income, education, welfare
• Research groups and non-profit groups
•Categorical •Block •Project
Even though the basis of federalism is the division of powers between
levels of government, there is still much cooperation between them.
Federal Grants-in-Aid Revenue Sharing
• Grants-in-aid programs are • Revenue sharing, used
grants of federal money or between 1972 and 1987, gave
other resources to the States an annual share of federal tax
and/or their cities, counties, revenues to the States and
and other local units. their local governments.
Other aids: FBI services, National Guard training equipment,
Census Bureau report,
Congress appropriates money for three types of grants-in-aid:
• made for some specific, closely defined purpose, such as school
lunch programs or the construction of airports or water treatment
plants. There are usually conditions, or “strings,” attached to
regulate the use of these funds.
• portions of money allocated to States to use for broader
purposes, such as health care, social services, or welfare. Block
grants often are granted with fewer strings attached.
• provided to States, localities, and sometimes private agencies that
apply for them. They are used for a variety of purposes ranging
from medical research to job training and employment programs.
State Aid to National Government
• The states conduct federal elections at no charge
to the national government.
• State police hold federal prisoners.
• The cost of naturalization is absorbed by the
State to State
• There are 4 ways states cooperate with one
1. interstate compacts
2. full faith and credit clause
4. privileges and immunities
• No State may enter into any treaty, alliance, or
• More than 200 compacts are now in force, and
range in a variety of uses from sharing law-
enforcement data to resource development and
Full Faith and Credit
The Full Faith and Credit Clause of the Constitution
ensures that States recognize the laws and,
documents, and court proceedings of the other
There are two exceptions to the clause though:
1. One State cannot enforce another State’s
2. Full faith and credit need not be given to
certain divorces granted by one State to
residents of another State.
• the legal process by which a fugitive from justice
in one State is returned to that State.
• Governors are the State executives that handle
the extradition process.
• If a governor is unwilling to return a fugitive to a
State, federal courts can intervene and order that
governor to do so.
Privileges and Immunities
• Provides that no State can draw unreasonable
distinctions between its own residents and those
persons who happen to live in other States.
• States cannot, for example, pay lower welfare
benefits to newly arrived residents than it does to
its long-term residents.
• However, States can draw reasonable
distinctions between its own residents and those
of other space, such as charging out-of-State
residents higher tuition for State universities than
State and National Laws
• Read page 109 as a class
• Pick a side and discuss in your group the
reasons for your decision
• Share and discuss as a class
Close Up on the Supreme Court
• Examine and take sides…Should States Be
Required to Enforce Federal Laws?
• Read aloud as a class pg 109.
• With a partner, pick out constitutional supports
for each side
• Pick a side to support and prepare for discussion.