Chapter 04 presentation on powers
- 1. Federalism: The Division of Power
- 2. Federalism: The Division of Power What is federalism, and why was it chosen by the Framers? What powers are delegated to and denied to the National Government, and what powers are reserved for and denied to the States? What exclusive powers does the National Government have, and what concurrent powers does it share with the States? What place do local governments have in the federal system? How does the Constitution function as “the supreme Law of the Land?”
- 3. Why Federalism? (1) that governmental power poses a threat to individual liberty, (2) that therefore the exercise of governmental power must be restrained, and (3) that to divide governmental power, as federalism does, is to curb it and so prevent its abuse. The Framers were dedicated to the concept of limited government. They were convinced
- 4. Federalism Defined Federalism is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces. The Constitution provides for a division of powers , assigning certain powers to the National Government and certain powers to the States.
- 5. Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Delegated Powers Reserved Powers Concurrent Powers Expressed Implied Inherent 10 th Amendment Denied National Denied States Denied Both
- 6. Powers of the National Government The National Government is a government of delegated powers , meaning that it only has those powers delegated (granted) to it in the Constitution. There are three types of delegated powers: The expressed powers are those found directly within the Constitution. The implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers. The inherent powers belong to the National Government because it is the government of a sovereign state within the world community. There are few inherent powers, with an example being the National Government’s ability to regulate immigration.
- 7. Government Powers (Division of Powers) National Government Powers Granted Delegated Powers Expressed Implied Inherent Expressed: Spelled out in the Constitution Article I, Section 18 18 clauses giving 27 powers Tax Coin money Regulate trade Declare war Grant patents
- 8. Government Powers (Division of Powers) National Government Powers Granted Delegated Powers Expressed Implied Inherent Implied: Not written in Constitution, but reasonably suggested Article I, Section 18, Clause 18 “ necessary and proper” The Elastic Clause Build dams Highways & roads Determine crimes
- 9. Government Powers (Division of Powers) National Government Powers Granted Delegated Powers Expressed Implied Inherent Inherent: Not written in Constitution, but belong to national governments Regulate immigration Grant diplomatic recognition to nations Protect the nation
- 10. Powers Denied to the National Government Powers are denied to the National Government in three distinct ways: Some powers, such as the power to levy duties on exports or prohibit the freedom of religion, speech, press, or assembly, are expressly denied to the National Government in the Constitution. Also, some powers are denied to the National Government because the Constitution is silent on the issue. Finally, some powers are denied to the National Government because the federal system does not intend the National Government to carry out those functions.
- 11. Government Powers (Division of Powers) National Government Powers Denied Denied National Denied: Expressly denied : Infringe on rights (speech, press, etc.) Silence in Constitution : Only has delegated powers Denied in Federal System : Can’t tax states
- 12. The States Powers Reserved to the States The 10th Amendment declares that the States are governments of reserved powers. The reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States. Powers Denied to the States Just as the Constitution denies many powers the National Government, it also denies many powers to the States. Powers denied to the States are denied in much the same way that powers are denied to the National Government; both expressly and inherently.
- 13. Government Powers (Division of Powers) State Government Powers Granted Reserved Powers 10 th Amendment Reserved Powers: 10 th Amendment Not granted to Federal, but not denied to states. Legal marriage age Drinking age Professional license Confiscate property The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.
- 14. Government Powers (Division of Powers) State Government Denied States: Constitution denies certain powers to state, because they are NOT a federal government. Make treaties Print money Deny rights to citizens Denied States Powers Denied
- 15. The Exclusive and Concurrent Powers Exclusive Powers Powers that can be exercised by the National Government alone are known as the exclusive powers . Examples of the exclusive powers are the National Government’s power to coin money, to make treaties with foreign states, and to lay duties (taxes) on imports. Concurrent Powers The concurrent powers are those powers that both the National Government and the States possess and exercise. Some of the concurrent powers include the power to levy and collect taxes, to define crimes and set punishments for them, and to claim private property for public use.
- 16. Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Concurrent Powers Denied Both Concurrent: Both States and National have these powers May be exercised separately and simultaneously Collect taxes Define crimes Condemn or take private property for public use
- 17. Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Concurrent Powers Denied Both Denied Both: Both States and National have been denied these powers Violate rights of citizens
- 18. Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Delegated Powers Reserved Powers Concurrent Powers Expressed Implied Inherent 10 th Amendment Denied National Denied States Denied Both EXCLUSIVE
- 19. The Division of Powers The federal system determines the way that powers are divided and shared between the National and State governments.
- 20. The Federal System and Local Governments There are more than 87,000 units of local government in the United States today. Each of these local units is located within one of the 50 States. Each State has created these units through its constitution and laws. Local governments, since they are created by States, are exercising State law through their own means. Chapter 4, Section 1
- 21. The Supreme Law of the Land The Supremacy Clause in the Constitution establishes the Constitution and United States laws as the “supreme Law of the Land.”
- 22. The Supremacy Clause (Article VI, Section 2) City and County Laws The U.S. Constitution is the “Supreme Law of the Land.” If there is a conflict between a lower law and a higher one, the higher one “wins.” State Statues (laws) State Constitutions Acts of Congress United States Constitution