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Federalism
Federalism: a system of government where a written constitution divides the powers of government
Federalism
Division of Powers: separate powers for national government and the states–Spelled out in the 10th
Amendment
Federalism
Delegated Powers: powers granted to the national government by the Constitution
• Expressed Powers: spelled out specifically in the Constitution– Article 1 Sec. 8 – gives 27 specific
powers to Congress
Federalism
Implied Powers: powers not expressly stated in the Constitution but are reasonably implied.
implied powers are an expressed power!
Confused yet?
Federalism
Article 1 sec. 8 clause 18 gives Congress the “necessary and proper” power to do what is necessary and proper to carry out its duties
Federalism
Inherent Powers: Powers given to the national government because it is the national government.– i.e. regulate immigration, deport
aliens, acquire territory, etc…
Powers Denied to the National Government (expressed)
– Levy duties on exports
– Deny freedom of religion, speech, press, or assembly
– Conduct illegal search and seizures
– Deny people a speedy, public trial by jury
Powers Denied to the National Government
(silence of the Constitution)
- Public school system
- Enact uniform marriage or divorce laws
- Set up units of local governments
Reserved Powers
- Reserved Powers are powers held by states in the federal system.
- Powers not given to National Government, and not denied to the states.
- i.e. drinking laws, marriage laws, driving laws, etc.
Powers denied to the States
- Enter in to a treaty or alliance
- Coin money
- Deprive due process
- Cannot threaten the federal system– i.e. Tax the National Government
Local Governments- A federal system only calls for the
national government, and the state governments
- There are more than 80,000 local governments
- Local governments are subunits of the state
- Local governments only have the powers that the states give them.
Exclusive Powers
- Powers that can be only exercised by the National Government
- i.e. Coin money, make treaties
Concurrent Powers
- Powers that both the National Government and the States posses and exercise
- i.e. Collect taxes, define crimes, set punishment
- Concurrent powers are held and exercised separately and simultaneously