FEDERALISM

TASKS FOR TODAY

Review the different types of powers within the Federal system

Complete a series of competitions to match powers and understand the divisions of the federal government1) Venn Diagram Completion2) State or National?3) Where’d the Power Come From?

TYPES OF POWERS Delegated Powers/ Exclusive PowersExpressed PowersImplied PowersInherent Powers

Reserved Powers Concurrent Powers

DEFINITION OF POWERS Delegated Powers—different powers given to the three branches of government in the ConstitutionExpressed Powers—Those powers of Congress specifically listed in the Constitution.

Implied Powers--powers exercised by Congress which are not explicitly given by the Constitution itself but necessary and proper to execute the powers which are.

Inherent Powers--powers held by a sovereign state

Reserved Powers--a political power reserved by a constitution to the exclusive jurisdiction of a specified political authority

Concurrent Powers-- powers in nations with a federal system of government that are shared by both the State and the federal government

MOST POWERS COME FROM…•Most national government powers come from Article I Section 8 (18 clauses that gives 27 powers)

•Article II and III talk to a few more powers of the Executive and Judicial Branches

•Clause 18 of Art. I Sec. 8 is “Necessary and Proper Clause”

•Most state government powers come from the 10th Amendment declaring reserved powers

TASK #1

Using the list of terms, place them on the Venn Diagram where they best fit

Use pencil so that you can make changes

*We will correct the answers*

You can use your notes to help you!

TERMS TO USE

1. Collect Taxes

2. Regulate Marriages

3. Regulate Interstate Commerce

4. Coin Money

5. Charter Local Governments

6. Lend and Borrow Money

7. Registration and Voting

8. Establish Police Force

9. Claim Private Property

10. Raise an Army

11. Enforce Criminal Codes

12. Regulate Professional Standards

13. Declare War

14. Administer Drivers’ Licenses

15. Establish Courts

16. Build Interstate Highways

17. Establish Rules for Deportation

18. Regulate Alcoholic Beverages

19. Tax Normal State Operations

20. Grant Pardons

21. Deny Freedom of Press

22. Power to Levy Duties on Exports

23. Deny Right to a Jury Trial

24. Setting Punishments for Crimes

The Division of Federal and State Powers

Charter Local Governments

Nat’l Gov’t Powers

State Gov’t Powers

Powers Denied to Nat’l Gov’t b/c of Fed. System

Concurrent Powers

Expre

ssed

Inherent

Implie

d

LEG EXEC JUD

Establish min. age for marriage

Reg. Alcoholic beverages

Grant pardons

Build interstate highways

Establish rules for deportation

Coin money

Collect taxes

Set punishments

for crimes

Tax normal state operations

Deny right to a jury trialExpress

Rese

rve

d

Regulate Interstate Commerce

Raise an Army

Declare War

Enforce Criminal CodesCharter Local GovernmentsRegistration and votingRegulate Professional StandardsAdminister Drivers’ Licenses

Deny freedom of press

Powers DENIED to Nat'l Gov’t Expressly

Power to levy duties on exports

Establish Courts

Borrow and Lend $

Claim Priv. PropEst.

Police Force

EXCLUSIVE, CONCURRENT, OR RESERVED In your group, you will have one card that says “state” and the other will say “federal”

I will read a series of situations, and your group will have to decide if the issue should be settled by the state or national government

If your team answers correctly, you gain a point!

JUVENILES ARE TRUANT IF THEY MISS SCHOOL TOO

OFTEN.

TAXES ARE COLLECTED FOR THE BUILDING OF ROADS.

A SCHOOL IS SET UP TO EDUCATE THE CHILDREN IN A

NEIGHBORHOOD.

A LAW STATES THE HOURS THE POLLS WILL BE OPEN

ON ELECTION DAY.

MONEY IS BORROWED FROM CHINA TO FUND OUR DEFENSE.

POSTAL OFFICES WILL ONLY BE OPEN ON MONDAY-

FRIDAY.

A NEW COUNTY POSITION IS CREATED.

A PATENT IS GRANTED TO JOE EINSTEIN FOR A NEW

INVENTION.

A LAW IS PASSED ONLY ALLOWING CITIZENS TO BE

MARRIED.

THE ARMY IS DEPLOYED TO UZBEKISTAN.

AN INCOME TAX CUT IS BEING PROPOSED.

A TREATY WITH A FOREIGN COUNTRY TO IMPORT OIL IS BEING NEGOTIATED.

WHERE’D THE POWER COME FROM?

The Constitution places limits of the Federal Government; it’s only powers are those granted by the Constitution. Therefore any federal law must be “rationally” related to a congressional power, or necessary and proper to effectuate one of them. If Congress legislates beyond its powers, it is violating the 10th Amendment.

Imagine you are a member of Congress. As a congressional representative there are many laws you and your fellow representatives want to pass

You and your group will need to find a specific power listed in Article I, Section 8 that allows this congressional action.

A) Establish a national drinking age.

B) Establish a national highway speed.

C) Regulate the conduct of railroads and airlines.

D) Desegregate private business.

E) Set minimum-wage laws for private businesses.

F) Forbid kidnapping.

G) Regulate the internet

H) Determine which drugs are illegal and regulate their use.

I) Protect endangered species.

J) Outlaw guns in schools.

K) Regulate healthcare.

PERSONAL FEDERALISM SURVEY Take the survey and think about who should have the power to decide these issues, not whether or not you agree with them.

Remember to keep in mind that these questions are not considering what political party is in power right now, that is subject to change.

CHECK YOUR UNDERSTANDING How would you summarize what kinds of powers the national government has? How is this different from what kinds of powers the states have? (in your own words)

How do the implied powers work? (in your own words).

Why do you think both levels of government have the power to establish law enforcement agencies?