Post on 02-Mar-2018
Federalism: The Division of Power
Carl JohnsonGovernment
Jenks High School
Federalism Federalism is a system of government in
which a written constitution divides the powers of government on a territorial basis between a central, or national government and several regional governments, usually called states or provinces
Each of these governments have their own powers
Federalism The American system of government is a
prime example of federalism There is a division of powers between the
national government and state government Certain powers are given to each These powers are spelled out in the Constitution
It is essentially a dual government
Powers of the National Government Our national government is a government of
delegated powers These powers are granted in the Constitution There are three types of delegated powers
Expressed Powers Implied Powers Inherent Powers
Expressed Powers Expressed powers are spelled out in the Constitution
Also called enumerated powers Most of the expressed powers are located in Article I
Section 8 of the Constitution In 18 clauses, 27 powers are given to Congress
(Legislative branch) Other expressed powers are set out in Article II,
Section 2 (Executive Branch) and Article III (Judicial Branch)
Implied Powers Implied powers are not expressly stated in the
Constitution, but are reasonably suggested or implied….
The Necessary and Proper Clause of the Constitution give the basis for implied powers Article I Section 8 Clause 18
It is sometimes called the Elastic Clause because it has been stretched to cover so many situations Prohibiting racial discrimination in housing
Inherent Powers Inherent powers belong to the National Government
because it is a government of a sovereign state within the world community
They are powers that the national government has historically possessed
They are few in number Power to regulate immigration Power to acquire territory Power to protect the nation against rebellion
Powers Denied to the National Government
Although the Constitution delegates powers to the National Government, it also denies the National Government certain powers in three ways In so many words (Expressly) Because of the silence of the Constitution Because of the federal system itself
Powers Denied to the National Government - Expressly Levy taxes on exports Prohibit freedom of speech, press, religion
and assembly Conduct illegal searches and seizures Deny to any person accused of a crime a
speedy and public trial or trial by jury
Powers Denied to the National Government –
Silence of the Constitution Power of the national government to create
a public school system for the nation Power to enact uniform marriage and
divorce laws Power to set up local governments
Powers Reserved to the States
The 10th amendment declares that the states are governments of reserved powers
Reserved powers are those powers that the Constitution does not grant to the National government and does not, at the same time, deny to the states Set laws for the purchase of tobacco and alcohol Permit forms of gambling Licensing process for various professionals Establish public schools Regulate public utilities
Powers Denied to the States
Some powers are denied expressly to the states States cannot make treaties, coin money or
deprive any person of life, liberty or property without due process of law
Some powers are denied inherently to the statesNo state can tax any of the agencies or
functions of the National Government
Exclusive Powers of the National Government
Most of the powers that the Constitution delegates to the National Government are exclusive powers that can be exercised by the National Government alone
They cannot be exercised by the States under any circumstances Power to make treaties Power to tax imports Power to regulate trade
Concurrent Powers of the National Government
Concurrent powers are powers that both the National Government and the States possess and exercise Power to levy and collect taxes Power to define crimes and set punishments for them Power to claim private property for public use
Concurrent powers are held and exercised simultaneously by the two basic levels of government
The Supremacy Clause
According to Article VI Section 2, the Constitution and the laws and treaties of the United States are the “supreme law of the land” This is known as the Supremacy Clause
The Supremacy Clause holds together the complex structure called the American federal system
The Supreme Court and Federalism
The Supreme Court is the umpire in the federal system It applies the Supremacy Clause to conflicts in
the federal system McCullough v. Maryland (1819) was the first
case to cite the Supremacy Clause The Court ruled that the Maryland courts had
erred in their conviction of McCullough
Revenue Sharing
Revenue sharing was a type of federal monetary aid that was in place from 1972 to 1987
Congress gave an annual share of the huge federal tax revenue to the States and their cities, counties and townships
Over $83 billion total during those years No strings were attached and the program was
quite popular Was eliminated due to the huge deficit of the
National Government
Types of Federal Grants
Today, there are three types of federal grants-in-aid
Categorical grants are made for some specific, closely defined purpose and are usually with strings attached
Ex. School lunchesBlock grants have been widely used over the last several
years and are much more broadly defined than Categorical grants because they have fewer strings attached
Ex. Health careProject grants are made to States, localities and
sometimes private agencies that apply for themEx. Workforce Tulsa