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Topic 3: Federalism�Sections 3.3 - 3.4

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Federalism

WHY FEDERALISM?

Framers were convinced we needed a limited government that was divided between the national and state levels (division of powers) because:

1. Governmental power poses a threat to individual liberty.

2. Therefore the use of governmental power must be restrained.

3. The best way to do this is divide governmental power to prevent its abuse.

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Federalism, cont.

Federalism allows local governments to handle local concerns while the national government deals with national issues.

This gives each of the States some flexibility when dealing with challenges.
Federalism also lets the nation respond in a united way to serious crises like war or natural disasters.

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National Powers

National Government has three types of powers delegated (granted) to it in the Constitution.

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Expressed Powers

Powers actually written out for Congress in Article I

includes the power to coin money, raise armed forces, and levy taxes.

Other expressed powers are granted to the President in Article II and the Supreme Court in Article III.

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Implied Powers

Implied Powers - Powers NOT written but reasonably suggested by the Constitution.

The Necessary and Proper Clause gives Congress the power to make all laws “necessary and proper” for carrying out its expressed powers
Why is the Necessary and Proper Clause sometimes referred to as the Elastic Clause?

These implied powers include building the interstate highway system and banning racial discrimination in public places.

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Inherent Powers

Inherent powers – Powers that national governments have always historically possessed.
These are NOT written in the Constitution.
Inherent powers �include acquiring �territory, �defending �the nation, �regulating �immigration, �and conducting �diplomacy.

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Denied Powers

The Constitution denies certain powers to the federal government.

Expressed or written in the Constitution - Some powers are specifically denied, such as the power to prohibit freedom of religion, speech, press, or assembly (Individual Rights)

Power is not stated or expressed in the Constitution - Other powers, like creating a national school system, are denied because they cannot be based on expressed powers.

Cannot interfere with the federal system - the national government cannot have powers that would undermine the existence of state governments.

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Separation of Powers

State Powers come from Reserved Powers: Powers that the Constitution does not grant to the National Government and does not deny to the States.
Exclusive Powers: Powers that can be exercised by the National Government alone.
Concurrent Powers: Powers that both the National Government and States possess and exercise.

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State Reserved Powers

State Powers come from Reserved Powers: Powers that the Constitution does not grant to the National Government and does not deny to the States.
The 10^th Amendment reserves to the States all powers not given to the federal government or denied to the States.

These are essentially the left over powers not given to the national government

These powers include the police power, which lets a State protect and promote public health, morals, safety, and general welfare.

State and local governments use the huge scope of the reserved powers to perform many of their daily actions.

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State Reserved Powers, cont.

Issuing driver’s licenses is a power reserved to the States.

Most States require a written, on-road, and vision test.
The age at which teenagers can get a license and the rules new drivers must follow vary from State to State.

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Powers Denied the States

The Constitution specifically denies some powers to the States.

Some of these powers are also denied to the federal government.
Other powers denied to the States are exclusive to �the federal government. For example, States �cannot tax imports or coin money, but the federal government can.

The States are denied some powers by the nature of the federal system.

No State can tax the federal government or regulate interstate trade.

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Concurrent (Shared) Powers

Concurrent powers are shared by the federal government and State governments. They allow the federal system to function.

They include all powers not exclusive to the national government or denied to the States.

Local governments use these powers only with the permission of their State.

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Sharing Responsibility

Some powers are exercised by both levels of government, as you can see in the circle.

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

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Supremacy Clause

The Supremacy Clause - The Constitution is the supreme law of the land, standing above all treaties and acts of Congress.

After federal laws come State laws.

The Supreme Court settles conflicts between State and federal laws.

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Supremacy Clause

In the 1819 case McCulloch v. Maryland, the Court ruled that when federal and State laws conflict, the federal law wins if it is constitutional.

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Republican Gov.

The National/Federal Government MUST guarantee every state has a republican form of government.
What does this mean?

Representative Government

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Send in the Troops!

When can the President send in Federal Troops into a State?

Protect the State from Foreign Attack
Restore Order Within the State
If a National Law is being broken

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So, you Want to be a State

Only Congress has this power
Congress passes an enabling act telling people of that proposed state to form a constitution.
Proposed state constitution sent to Congress
If Congress likes it, they pass an act of admission
President signs the act of admission.

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Key Terms

federalism: a system of government in which a written constitution divides power between a central government and several regional governments
division of powers: assigning some powers to the federal government and others to the States
delegated powers: powers granted by the Constitution
expressed powers: powers specified clearly in the Constitution
implied powers: powers not specifically mentioned, but suggested by the expressed powers

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Key Terms, cont.

inherent powers: powers that belong to all independent national governments
reserved powers: powers not given to the national government or denied to the States
exclusive powers: powers that can only be used by the national government
concurrent powers: powers shared by the national and State governments
Supremacy Clause: the provision declaring the Constitution to be the supreme law of the land

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