FederalismFederalism

The Division of Power between National Government State Governments Local Governments

Who has the power?

The Division of Power between National Government State Governments Local Governments

Who has the power?

Division of Powers• Constitution decides who

has the power

• It assigns certain powers to the National Government and / or the

State Government

• Who has the power regarding cigarette smoking?

Reserved Power for the State

Powers given to the states by the 10th Amendment

10th Amendment

“The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Powers Given to the StatesReserved

Powers Given to the National Government

Delegated Powers: Powers granted to the National

Government by the Constitution

Three Types of Delegated Powers

• Expressed Powers

Powers that are stated in the Constitution

• Constitution gives Congress 27 powers

• Taxation, coin money, regulate trade

• Implied Powers

• Powers that are not written in the Constitution

• Powers that are necessary and proper needed to run the government

• Also called the “Elastic Clause”

• Inherent Powers

• Powers granted to the National Government because it is a sovereign nation within the world community

• Power to regulate immigration, deport illegal aliens, acquire territory, diplomatic recognition, protect itself

Exclusive Powers

Most of the Powers given to the National Government

Powers that can be exercised by the National Government only

Concurrent Powers• Powers that both the

National Government and the State Government posses.

• Collect taxes, borrow money, court system, punish crimes, take property for public use.

Division of Powers - p. 93

Delegated Powers of the National Government

Reserved Powers of the States

Concurrent Powers

Examples of . . .

National Powers Concurrent Powers State Powers

•Coin money•Regulate interstate and foreign trade•Raise and maintain armed forces•Declare war•Govern the U.S. territories and admit new States•Conduct foreign relations

•Levy and collect taxes•Borrow money•Establish courts•Define crimes and set punishments•Claim private property for public use

•Regulate trade and business within the State•Establish public schools•Pass license requirements for professionals•Regulate alcoholic beverages•Conduct elections•Establish local governments

Supremacy Clause

• United States government has two basic levels of government

• Every once in a while they will conflict

• Who is “Supreme?”

National Government

It is the “Supreme Law of the land”

Any clash between National Law and State Law will be ruled in the

National Government’s favor.

The Supremacy Clause

U.S. Constitution

Acts of Congress

and Treaties

State Constitutions

State Statutes

City & County Charters

and Ordinances