Federalism. Federalism- system of government that divides the powers between central/national...
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Transcript of Federalism. Federalism- system of government that divides the powers between central/national...
Federalism
Federalism
• Federalism- system of government that divides the powers between central/national government and the state
• Division of Powers- meaning that there are certain powers that belong to the states and certain powers that belong to the central government
Federalism
The national gov’t is a gov’t of delegated powers
Delegated powers- only have those powers granted to it in the Constitution
• There are three types of delegated powers– Expressed– Implied– Inherent
Expressed Powers“enumerated powers”
• powers spelled out in the Constitution• Article 1, sec 8
– Coin money, regulate foreign trade and interstate commerce, declare war, and grant patents and copyrights
• Article 2, sec 2– powers to the president- commander in chief,
pardon, appoint federal judges
• Article 3 – gives powers to the judicial branch
Implied Powers • not expressly stated in the Constitution
but are reasonably suggested or implied by the expressed – This is found in the necessary and proper
clause or the elastic clause– Examples: prohibit racial discrimination in
restaurants, theaters, hotels- falls under power to regulate interstate commerce
– implied powers help the expressed powers
Inherent Powers
• belong to the national government because it is the government of a sovereign state within the world community (not expressly stated in the constitution)
• Power to regulate immigration
• Deport undocumented aliens
• Acquire territory
• These powers exist because the gov’t of the US exists
Reserved Powers
• powers to the states (10th amendment)– education– license requirements– regulate alcoholic beverages– conduct elections
Exclusive Powers
• powers that can only be exercised by the national government– coin money– declare war– regulate interstate and foreign trade– foreign relations
Concurrent Powers
• powers shared by the national and state governments– taxes– establish courts– define crimes
Supremacy Clause
• Article 6 declares the Constitution to be the Supreme Law of the Land–state laws cannot be in violation
of the Constitution
QUESTIONS???