Federalism: the Division of Power 4.1

Why Federalism? :

Federalism was a way to have a more powerful central government, yet also a way to maintain the strength of the states.

Federalism Defined:

Federalism-

Divisions of Power- The Constitution assigns certain powers to the National Government and assigns certain powers to the State Government.

Powers of the National Government:

The National Government is a government of delegated powers.

-Delegated powers-

3 distinct types of delegated powers:

3 Types of Delegated Powers:

1. Expressed Powers (enumerated)-

ex:

2. Implied Powers- Powers not spelled out in the constitution, but are implied by the expressed powers.

-Art I, section 8:

-(ex:) Building a interstate highway

3. Inherent Powers-

- ex:

Powers Denied to the National Government:

3 ways:

Expressly-

Silence of the Constitution-This occurs when the constitution says nothing about giving the powers to the National Government. (Marriage Laws, Divorce Laws)

Federal System Itself- National Government can’t take action that would go against the Federal System. (Congress can’t tax states or local units in the carrying out of their governmental functions.)

The States:

Reserved Powers -

-Public Schools

-Age 21 to buy liquor

-Drivers license age.

Powers Denied to the States:

Just as the constitution denies powers to the National Government, it also denies certain powers to the states.

Some powers are denied inherently- Federal system does not allow state or local government to tax agencies or functions of the National Government.

Expressly-

Exclusive Powers:

Exclusive Powers-

National Government

Reserved Powers:

Reserved Powers-

State Government

-license requirements for professionals

ex:

-regulate alcoholic beverages

Concurrent Powers:

Concurrent Powers- Those powers that both the National and State Government can do.

-Define crimes and set punishments

-Claim private property for public use.