Federalism and division of power

Federalism Powers Divided

How to preserve the states yet make a national government strong enough to do the job? 1. Government power inevitably threatens individual freedom  2.exercise of governmental power needs to be restrained  3, to divide power is to prevent its abuse 

Federalism 

is a system of government in which a written constitution divides the power of government on a territorial basis between the central government and several regional governments usually called states

Division of powers Dual system of government  Each has its own authority each operating over the same people and the same territory at the same time 

Federalism allows local action in matters of local concern and  National action on matters of wider concern 

States Serve as experimentation and innovation  Training ground for what might be at the national level “laboratories of government” 

Powers of the Federal Government      

Delegated powers- granted by the Constitution 1. Expressed-spelled out by constitution also called enumerated powers Article I section 8 lists powers of legislature Article II Section 2 gives powers to the president Article III gives judicial powers Amendments

Implied powers Not expressed but suggested Article I section 18 is the “Necessary and Proper Clause”  Convenient and useful Examples-Federal crimes across borders, discrimination, highways, dams 

Inherent powers Powers that belong to the national government because it is the National Government of a sovereign state in the world community, powers over time  Ex, immigration, acquire territory, grant diplomatic recognition 

Powers denied the Federal Government Expressly - such as levying duties on exports  violating basic freedoms in bill of rights (speech press etc)  Silent – those not given to it –schools, marriage laws etc 

Powers denied Those that would allow it to destroy Taxing of state and local to destroy 

The states Powers reserved 10th amendment  Nearly all are reserved for the statelicensing schools land use, regulate utilities  Police power- protect and promote the public health, the public morals, public safety and the general welfare 

State expressed power 

21st amendment that allows states to regulate alcohol

State powers denied No treaty alliance or confederation  Print money or deprive of life, liberty, or property without due process  Tax any agencies of the federal government 

Exclusive and concurrent powers Exclusive powers are held by National government only  Concurrent powers are held by both and exercised by both separately  1. Taxing, define crimes, punish, condemn and take property 

Supreme law of the land Supremacy clause- constitution is the supreme law of the land  Civil war challenge 

Supreme court Rules over any conflict of power  McCulloch vs Maryland taxing of national bank by state ruled unconstitutional  Fletcher vs Peck 1810- ruled unconstitutional the state of Georgia’s repeal of a law governing contracts for sale 