Oct. 5, 2015

Turn in Amendments Tissue Box Project. Make sure your name is on it.Notes/Discussion over FederalismFederalism Quiz Oct. 16

FederalismStudents will be able to:Describe FederalismExplain what powers belong to the Federal Government and what powers belong to the States.

The Division of PowerThe framers were convinced that:

Government power posed a threat to individual libertyTherefore governmental powers must be restrainedTo divide governmental power is to prevent its abuse

Government in the United States is divided between a national government and several regional governments, this is known as federalism.

Each of these levels of government has its own set of powers.Through a division of powers certain powers are assigned to the States and certain powers are assigned to the National government.

This division was implied in the Constitution and spelled out in the Bill of Rights.Each operates over the same territory and the same people at the same time.It allows local action in matters of local concern and national action in matters of national concern.

“The powers not delegated to the Unites States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.” – 10th Amendment

Give three examples of laws that are handled by the States and local governments.

1.2.3.

Give two examples of things that the National government would handle.

1.2.

Powers of the National GovernmentThe national government has only those powers delegated to it. These powers are expressly spelled out in the Constitution.You can find the expressed powers in Article I, Section 8 of the Constitution.The Constitution expressly gives 27 powers to Congress

Read the Constitution and list the expressed powers of Congress.

Implied PowersImplied powers are given to the federal government, yet not DIRECTLY stated in the Constitution, they are reasonably suggested by the expressed powers.Article I, Section 8, Clause 18 gives Congress the “necessary and proper power”“to make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States…”

Explain why the necessary and proper clause has over time been called the elastic clause. Using page 90 list three implied powers. 1.2.3.

Inherent Powers

Inherent powers are those powers that the national governments have historically possessed. They are few in numbers.Most of the inherent powers are implied by one or more of the expressed powers.

Using page 91 list three inherent powers. 1.2.3.

What does it mean for the National Government to expressly be denied powers?

Powers Denied to the National Government

The Constitution denies some powers to the National government expressly. Several powers are not granted to the National Government because of the silence of the Constitution.Some powers are denied to the National Government because of the federal system.

Powers Reserved for the States

Those powers that the Constitution does not grant to the National Government and does not deny to the States. Most of what government does in this country today is done by the State and their local governments.

List three powers that are expressly denied to the National Government.

List three powers that are not granted to the National Government.

What is one power denied to the National Government because of the federal system?

If a power is not delegated to the National Government, who has that power? What amendment gives that power?

Powers Denied to theStates

Some powers are denied to the States by the existence of the federal system. Exclusive powers are most of the powers that the Constitution delegates to the National Government. These powers cannot be exercised by the States under any circumstances.

Concurrent PowersThose powers that are given to both the States and the National Government. They are held and exercised simultaneously by the two basic levels of government. The powers that the Constitution does not grant exclusively to the National Government and that, at the same time, does not deny to the States.

The Supreme Law of the Land

Article VI, Section 2 – Supremacy ClauseThe Constitution and the laws and treaties of the United States are “the supreme Law of the Land.”The Constitution stands before all other forms of law in the United States.

List three reserved powers.

List three powers denied to the States.

Where do local governments get their power from?

Supreme Court and Federalism

One duty of the Supreme Court is to apply the Supremacy Clause to the conflicts that the dual system of government produces.

The court was first called to settle a clash between a national and State law in 1819. McCulloch v. Maryland

What was the issue that the court had to settle in McCulloch v. Maryland?

The Nation’s Obligations to the States

The National Government is required by the Constitution to guarantee certain rights to the States.The National Government must also protect each state from an invasion.

An attack on one state is considered an attack on all 50 states.

Individual states are responsible for keeping the peace within their own borders.

Federal government will use force to restore order within a State when needed. Usually at the request of the state governor or legislature.Federal government will also send help during natural disasters

The National Government must recognize the legal existence and the physical boundaries of each State. Only Congress has the power to admit new States to the Union

A new State cannot be created by taking territory from one of more of the existing States without the consent of the legislature(s) of the State(s) involved.

Cooperative Federalism

There are large areas of cooperation between the States and the Federal Government.These areas include the funds that the Federal government grants to the States as well as the various services that the States perform for the Federal Government.