Ch 4 Sec 11. Why did the framers choose

to create a federal system?2.What is the difference between

the delegated powers and reserved powers?

3. What are implied powers? Why is this clause in the Constitution also called the “elastic clause” ?

What is the Supremacy Clause?

Federalism

The division of governmental power

between national and state

govts.

How is Federalism like school…..

Bishop Amat H.S. The U.S.The School consists of 4

classes. Each class is divided into smaller classes by subjects.

Rules for the whole school are listed in Lancer Life

Rules for each class are made by the teachers.

Teacher rules cannot conflict with Lancer Life.

The US has 50 states (smaller units) within the country.

Laws for each state are made by each state. City govts. make laws to meet the needs of each city.

Federal law is supreme over state & local laws (Art VI)

The Supremacy Clause

Federalism is a compromise between

Unitary and Confederal structures.

Unitary Confederal-King George -Articles of Confederation

-Too powerful! -Too Weak!

Federal Just right!!!

NATIONAL GOVT & STATE / LOCAL GOVT. -Take care of national needs -Take care of state / local needs.

How is Federalism like your family’s home.

Your family The USWhat do you and your

parents argue about?

Have you ever come up with a solution and your family/ parents agreed to it? (Ex?)

Both govts. are constantly fighting to maintain power.

States try new programs. If they are successful at the state and local level, they are often used at the Federal level.

What are the laws in your city regarding……Trash cans?Photo enforced traffic laws (red

lights)?Pets- dogs & leashes? Types of pets

allowed?Parking?Single use plastic bags?Yard sales?Where can you wash your car?Fireworks on the 4th of July?

How is power divided between the Federal government

and the State governments?

National Government

StateGovernment

Powers Granted

Powers Denied

Delegated Powers

4. Reserved

Powers5. Concurrent Powers

1.Expressed

2. Implied

3. Inherent

10th Amendment

21st Amendment

Denied to National Govt.

6. Expressly 7. Silence of Constitution 8. Federalism

Denied States

9. Expressly 10. State Constitution 11. Federalism

12. Denied Both

#1. ExpressedWord for word“Enumerated” in Art I sec 8, Cl

1-17Ex: postal system, print & coin money,

armed forces, declare war, regulate interstate trade.

#2 Doctrine of Implied Powers

An Expressed power (Art I, section 8)

+ “necessary & proper” (Art I Sec 8, Clause 18 )_________

= an Implied power

*Stretching the expressed power to include an implied power

How does the “elastic clause” work?Delegated:Coin Money1. Lay & Collect Taxes

2. Regulate commerce (business and trade) among the states. 3. Establish naturalization laws 4. Raise an army & navy5. Establish post offices

+ necessary & proper clause

= Decide type of currency

==

=

=

=

Greatest expansion of Federal power…

Regulate Interstate Commerce + Necessary & Proper

Examples:

1. interstate hwy system 2. kidnapping across state lines is a federal crime.

3. Prohibiting racial discrimination.

Government Powers(Division of Powers)

National Government

Powers Granted

Delegated Powers

1. Expressed

2. Implied

3. Inherent

#3. Inherent:

Not written in Constitution, but belong to national governments

•Regulate immigration

•Grant diplomatic recognition to nations

•Protect the nation

Government Powers(Division of Powers)

StateGovernment

Powers Granted

Reserved Powers

10th Amendment

21st Amendment

(Regulate sale and possession of

Alcohol)

#4=Reserved 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.

Government Powers(Division of Powers)

National Government

StateGovernment

Powers Granted

Powers Denied

Concurrent Powers

Denied Both

# 5- Concurrent:

Both States and National have these powers

May be exercised separately and simultaneously

NOT SHARED!!!

*Collect taxes *Define crimes

*Condemn or take private property for public use “ Eminent Domain”

Concurrent powers… more examplesBorrow moneyEstablish courtsMake & enforce lawsCharter banksPromote the general welfare

Government Powers(Division of Powers)

National Government

Powers Denied

Denied National

Denied:

6. Expressly denied:

•Infringe on rights (speech, press, etc.), No titles of nobility, no export taxes.

7. Silence in Constitution:

•Only has delegated powers

8.Denied in Federal System:

•Can’t tax states

Government Powers(Division of Powers)

StateGovernment

Denied States:

9. Expressly: 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

10. Denied in Federal system

-Can’t nullify national laws -Can’t tax national govt.

11.State Constitutions -State “Bill of Rights”

Government Powers(Division of Powers)

National Government

StateGovernment

Powers Granted

Powers Denied

Concurrent Powers

Denied Both

12- Denied to Both:

Both States and National have been denied these powers:

1. Expressly: Violate rights of citizens (Bill of Rights/Amendments)

2. Spirit of Federalism

3. Supremacy Clause

How does Federalism deny power to both Federal and State Govts?

1. Neither can levy taxes on the other-

“Power to tax is the power to destroy”

2. Supremacy Clause (Art VI) -the “linchpin”- The states cannot “nullify” federal laws or actions & they cannot secede from the union.

The Supremacy Clause(Article VI, Section 2)

City and County Laws

State Statues (laws)

State Constitutions

Acts of Congress

United States Constitution

The U.S. Constitutio

n is the “Supreme Law of the

Land.”

If there is a conflict

between a lower law and a higher one,

the higher one “wins.”

Federalism

Advantages Disadvantages

1.*Diversity: Local solutions to local problems, & natl. action in matters of natl. concern

2.*Innovation & experimentation

“laboratories of government”

on a local level (ie: healthcare)

3. Citizens allowed to “vote with their feet”- directs natl. policy.

4. Increased opportunities to participate in political process.

5. *Strength from union.

1. Unequal conditions throughout the states. (education, welfare, tax rates)

2. Inefficient (cks & bals)

3. Conflict over who is responsible – National? State? Ex: Katrina

4. Citizen Ignorance = Fed does not function well.

- Citizens know little about state/ local govt. so they don’t participate.

-Voter turn-out is less than 15% at local level

Struggle for power…..

What happens when the division of power isn’t so

clear?????

The struggle for power…..McCullloch V. MarylandThe Court Considered These Constitutional Question

1. Did Congress have the power to establish a national bank?

2. Did the Maryland law to tax the nationally chartered bank unconstitutionally interfere with federal powers?

1. Marshall’s rationale: According to Chief Justice John

Marshall:

A. What precedent supports the 2nd National Bank?

B. Are the states sovereign?

C. Who gets to determine what “implied powers” means?

D. What determines if something is “necessary & proper”?

2. What two parts of the Constitution were upheld in this

case?

McCulloch V. Maryland ExplainedVideo Questions

The Answer to the 2 ?’s

“necessary & proper”

1. Did Congress have the power to establish a national bank?

Yes- Not expressed but implied. -Not “denied”= “...the end is legitimate” 2. Did the Maryland law to tax the nationally chartered bank unconstitutionally interfere with federal powers?

Supremacy clause

Yes- Art 6= National law is supreme. =“power to tax is power to destroy”

The Supreme Court’s role1810 Fletcher v. Peck = 1st state law declared unconstitutional1819 McCulloch v. Maryland= Upheld 1. Supremacy clause

2. Implied powers1824 Gibbons v. Ogden =

1. Supremacy clause 2. Federal regulation of interstate commerce

KATRINA VIDEODocumentary: Katrina: A Failure of Federalism?Although the federal system divides powers

and responsibility between national, state, and local governments, the boundaries between these areas of responsibility are not always clear. This confusion may produce deadly results when disaster strikes, as in August 2005 when Hurricane Katrina devastated New Orleans and much of the Gulf Coast. This video examines whether the failures of government action during and after Hurricane Katrina were a result of the structure of federalism.

If you are a ….

State’s Rights Advocate Nationalist

You support:

-State’s rights – 10th Am.

-Strict interpretation of the Constitution (Literal)

-Diversity: Local solutions to local problems.

-Innovation & experimentation on a local level. (competition)

-Citizens allowed to “vote with their feet”

You support:

-National solutions-Using concurrent powers & 14th Am.

14th Am= equal protection clause.

-Loose interpretation of the

Constitution (figurative)

-Federal Govt provides ideas and funding for innovations and experimentation. (no state competition needed)

-Provides equality for citizen’s of all states.

Current IssuesMedical marijuanaGay marriageHealthcareImmigrationGun controlDisaster reliefEnvironmental protectionNational Education Testing

Quiz- Division of Powers

1. Expressed powers are also called________.

2. The implied power –”necessary & proper “ is also called the _________ clause.

3. Name one concurrent power.4. What is the “linchpin of the

Constitution”?5. What was upheld in McCulloch v.

Maryland?