Federalism: The Division of Power The question of the relation between the states to the federal...

Federalism: Federalism: The Division of PowerThe Division of Power

The question of the relation between the states to the federal government

is a cardinal question of our constitutional system

- Woodrow Wilson

Dividing Government Power• After much debate, the Framers designed a federal system that they

hoped would strengthen the national government and protect states’ rights.

• The Constitution divides power between two levels of government: national and state governments.

• The Constitution delegates certain powers to the national government.

Government PowersGovernment Powers(Division of Powers)(Division of Powers)

National Government

StateGovernment

Powers Granted

Powers Denied

Delegated Powers

Reserved Powers

Concurrent Powers

Expressed

Implied

Inherent

10th Amendment

Denied National Denied States

Denied Both


National Government

Powers Granted

Delegated Powers

Expressed

Implied

Inherent

Expressed:

Spelled out in the Constitution

•Article I, Section 18

•18 clauses giving 27 powers

•Tax

•Coin money

•Regulate trade

•Declare war

•Grant patents


National Government

Powers Granted

Delegated Powers

Expressed

Implied

Inherent

Implied:

Not written in Constitution, but reasonably suggested

•Article I, Section 18, Clause 18

•“necessary and proper”

•The Elastic Clause

•Build dams

•Highways & roads

•Determine crimes


National Government

Powers Granted

Delegated Powers

Expressed

Implied

Inherent

Inherent:

Not written in Constitution, but belong to national governments

•Regulate immigration

•Grant diplomatic recognition to nations

•Protect the nation


National Government

Powers Denied

Denied National

Denied:

Expressly denied:

•Infringe on rights (speech, press, etc.)

Silence in Constitution:

•Only has delegated powers

Denied in Federal System:

•Can’t tax states


StateGovernment

Powers Granted

Reserved Powers

10th AmendmentReserved Powers:

10th Amendment

•Not granted to Federal, but not denied to states.

•Legal marriage age

•Drinking age

•Professional license

•Confiscate property

The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.


StateGovernment

Denied States:

Constitution denies certain powers to state, because they are NOT a federal government.

•Make treaties

•Print money

•Deny rights to citizens

Denied States

Powers Denied


National Government

StateGovernment

Powers Granted

Powers Denied

Concurrent Powers

Denied Both

Concurrent:

Both States and National have these powers

May be exercised separately and simultaneously

•Collect taxes

•Define crimes

•Condemn or take private property for public use


National Government

StateGovernment

Powers Granted

Powers Denied

Concurrent Powers

Denied Both

Denied Both:

Both States and National have been denied these powers

•Violate rights of citizens


National Government

StateGovernment

Powers Granted

Powers Denied

Delegated Powers

Reserved Powers

Concurrent Powers

Expressed

Implied

Inherent

10th Amendment

Denied National Denied States

Denied Both

EXCLUSIVE

EXCLUSIVEEXCLUSIVE

EXCLUSIVE

The Supremacy ClauseThe Supremacy Clause(Article VI, Section 2)(Article VI, Section 2)

City and County Laws

State Statues (laws)

State Constitutions

Acts of Congress

United States Constitution

The U.S. The U.S. Constitution is Constitution is the the “Supreme “Supreme

Law of the Law of the Land.”Land.”

If there is a conflict between a lower law and a higher

one, the higher one “wins.”

Federalism: The Division of Power The question of the relation between the states to the federal...

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