Constitution
Lesson 1A
What is Federalism?
A. Federalism – system where govt. powers are divided on a
territorial basis.
1. Divided between central ((National)) & several regional
g
(states) govts.
2. Each level has its own area of powers.
3. Neither can change
g the basic division of ppowers.
B. Division of Powers
- states get powers not specifically given to National govt.
1 dual system of govt.
1.
govt
- 2 levels of govt.
- both operate over the same territory at the same time.
2. allows local action for local matters & national action
for matters of wider concern.
3. Regions have different rules (local laws)
-ex. - g
gamblingg in NV – no other states
- NE has a unicameral legislature
- NC Æ govt. can’t veto laws
4. Encourages local choice in many matters
5 Provides strength that comes with the Union.
5.
Union
- defense, foreign affairs, natural disaster relief
Delegated
g
Powers
- powers granted to the Nat. Govt. by the const.
A. Expressed Powers – spelled out specifically in const.
1. Article I, Section 8 (27 powers to congress)
- taxes
- declare war
- coin money
- regulate foreign trade
i t i army
- etc.
t
- maintain
2. Article II, Section 2 (powers of Pres.)
- commander-in-chief - pardons
- make treaties
- name Federal officials
3. Article III (powers of Supreme Court)
B. Implied Powers – not exactly stated, but are implied by the
powers that are
are.
1. “Necessary & Proper” Clause – can make any law necessary
and proper for carry out other powers granted
in the const.
“Elastic Clause” – gives a lot of leeway.
EX – power to regulate
l commerce
- interstate highways, labor relations, kidnapping, etc.
C. Inherent Powers – belong
g to the ggovt. because it is a sovereign
g
state in a world community.
1. not in the const., but accepted as necessary
- regulating
l ti immigration,
i
i ti acquiring
i i territory,
t it
etc.
t
2. they are implied from expressed powers
- immigration Æ pwr to regulate foreign trade
t it
Æ pwr to
t make
k war
- territory
These powers exist because the U.S. exists.
Denied Powers
A. Expressly -- const. says the gov’t can’t do …
- tax export duties (taxes)
- can’t deny freedom of speech, religion, press, assembly
- no illegal
ill l searches
h
- no denying, speedy public trial, trial by jury.
B. Silence of the Constitution
1. Nat. govt. only has the powers the const. gives it.
- cannot … - create a public school system
- enact uniform marriage/divorce laws
- set up local govts.
2. The const. says nothing that would allow govt. to do these.
C. Federalism
1. The govt. cannot do anything that would end federalism.
- cannot tax states
- it could
ld tax
t states
t t outt off existence
it
= no federalism!
f d li !