Federalism: The Division of Power · Go To 1 2 3 Section: Chapter 4, Section 1 3.3 Federalism: The...
Transcript of Federalism: The Division of Power · Go To 1 2 3 Section: Chapter 4, Section 1 3.3 Federalism: The...
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Section:Chapter 4, Section 1
3.3
Federalism: The Division of Power
• What is federalism, and why was it chosen by the Framers?
• What powers are delegated to and denied to the National Government, and what powers are reserved for and denied to the States?
• What exclusive powers does the National Government have, and what concurrent powers does it share with the States?
• What place do local governments have in the federal system?
• How does the Constitution function as “the supreme Law of the Land?”
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Section:
The Framers’ Challenge
How can we create a new
central government that is
strong enough to meet the
needs of the day, at the
same time, preserve the
already existing States?
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Section:
The Framers were dedicated to the concept
of limited government. They were convinced
Why Federalism?
(1) that governmental power poses a threat to
individual liberty,
(2) that therefore the exercise of governmental
power must be restrained, and
(3) that to divide governmental power, as
federalism does, is to curb it and so prevent its
abuse.
Chapter 4, Section 12 3
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Section:
Federalism Defined
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
Chapter 4, Section 12 3
The Constitution provides for a division of
powers,assigning certain powers to the National
Government and certain powers to the States.
Example: Fed Govt. can regulate interstate commerce(trade)
while states decide for themselves whether people can be
put to death for crimes they commit in each state.
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Section:
Strengths of Federalism
• It allows local action in matters of
local concern and national action in
matters of wider concern
•Allows for experimentation and
innovation in solving public policy
problems.
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Section:
Powers of the National Government (Delegated Powers)
Chapter 4, Section 12 3
• delegated powers, meaning that the govt. only has those
powers delegated (granted) to it in the Constitution. There are
three types of delegated powers:The expressed powers are those found directly within the
Constitution. (example: Power to the President to act as
commander in chief of the armed forces)
The implied powers are not expressly stated in the Constitution, but
are reasonably suggested, or implied by, the expressed powers.
(example: Necessary and Proper Clause—Elastic Clause) The
power to regulate interstate commerce.
The inherent powers belong to the National Government because it
is the government of a sovereign state within the world community.
There are few inherent powers. (example: the National
Government’s ability to regulate immigration).
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Section:
Powers Denied to the National Government
Expressly Denied (specifically written)
• the power to levy duties on exports or
prohibit the freedom of religion, speech,
press, or assemblyImplicitly Denied (protects the system of
federalism)
• Congress can’t tax any of the States---could
tax them out of existence.Silently Denied (Constitution is silent on the
issue)
• Create a public school system for the nation
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Section:
The States
Powers Reserved to the States
• The 10th Amendment declares that
the States are governments of
reserved powers.
• The 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.
Chapter 4, Section 12 3
Powers Denied to the States
• Just as the Constitution denies many
powers the National Government, it
also denies many powers to the
States.
• Powers denied to the States are
denied in much the same way that
powers are denied to the National
Government; both expressly and
inherently.
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Section:
The Exclusive and Concurrent Powers
Exclusive Powers
• Powers that can be exercised by the
National Government alone are
known as the exclusive powers.
• Examples of the exclusive powers
are the National Government’s power
to coin money, to make treaties with
foreign states, and to lay duties
(taxes) on imports.
Concurrent Powers
• The concurrent powers are those
powers that both the National
Government and the States possess
and exercise.
• Some of the concurrent powers
include the power to levy and collect
taxes, to define crimes and set
punishments for them, and to claim
private property for public use.
Chapter 4, Section 12 3
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Section:
The Division of Powers
The federal
system
determines the
way that powers
are divided and
shared between
the National and
State
governments.
Chapter 4, Section 12 3
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Section:
Supremacy Clause
• Federal system produces a dual system of
government---such an arrangement is bound to result
in conflicts between the national and State law.
• Supremacy Clause: created to deal with conflicts that
arise between the states and national govt.
• Essentially says that the Constitution ranks above
all other forms of the laws in the U.S.
• The SCOTUS is the “umpire” in the federal
system….they apply the Supremacy Clause to
conflicts that occur between states and federal
government