Federalism and division of power
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Transcript Federalism and division of power
Federalism
Powers Divided
How to preserve the states yet make
a national government strong
enough to do the job?
1. Government power inevitably threatens
individual freedom
2.exercise of governmental power needs
to be restrained
3, to divide power is to prevent its abuse
Federalism
is a system of government in which a
written constitution divides the power of
government on a territorial basis
between the central government and
several regional governments usually
called states
Division of powers
Dual system of government
Each has its own authority each
operating over the same people and the
same territory at the same time
Federalism allows local action in matters
of local concern and
National action on matters of wider
concern
States
Serve as experimentation and innovation
Training ground for what might be at the
national level “laboratories of
government”
Powers of the Federal Government
Delegated powers- granted by the Constitution
1. Expressed-spelled out by constitution also
called enumerated powers
Article I section 8 lists powers of legislature
Article II Section 2 gives powers to the
president
Article III gives judicial powers
Amendments
Implied powers
Not expressed but suggested Article I
section 18 is the “Necessary and Proper
Clause”
Convenient and useful Examples-Federal crimes across
borders, discrimination, highways, dams
Inherent powers
Powers that belong to the national
government because it is the National
Government of a sovereign state in the
world community, powers over time
Ex, immigration, acquire territory, grant
diplomatic recognition
Powers denied the Federal
Government
Expressly - such as levying duties on
exports
violating basic freedoms in bill of rights
(speech press etc)
Silent – those not given to it –schools,
marriage laws etc
Powers denied
Those that would allow it to destroy Taxing of state and local to destroy
The states
Powers reserved 10th amendment
Nearly all are reserved for the statelicensing schools land use, regulate
utilities
Police power- protect and promote the
public health, the public morals, public
safety and the general welfare
State expressed power
21st amendment that allows states to
regulate alcohol
State powers denied
No treaty alliance or confederation
Print money or deprive of life, liberty, or
property without due process
Tax any agencies of the federal
government
Exclusive and concurrent powers
Exclusive powers are held by National
government only
Concurrent powers are held by both and
exercised by both separately
1. Taxing, define crimes, punish,
condemn and take property
Supreme law of the land
Supremacy clause- constitution is the
supreme law of the land
Civil war challenge
Supreme court
Rules over any conflict of power
McCulloch vs Maryland taxing of national
bank by state ruled unconstitutional
Fletcher vs Peck 1810- ruled
unconstitutional the state of Georgia’s
repeal of a law governing contracts for
sale