Framers want to prevent abuse Framers want to prevent abuse of power in Federal Gov’tof power in Federal Gov’t

System of government w/written System of government w/written Constitution Constitution dividing the powersdividing the powersof government on a territorial of government on a territorial

basisbasis

FederalismFederalismStates have various organizational structuresStates have various organizational structures for example:for example:Nebraska has a unicameral legislatureNebraska has a unicameral legislature

North Carolina…….Governor does not have North Carolina…….Governor does not have veto powerveto power

North Dakota doesn’t have voter registrationNorth Dakota doesn’t have voter registration

FederalismFederalismDelegated Powers:Delegated Powers:

(Federal Gov’t.)(Federal Gov’t.)

1.1.Expressed Expressed (Article I, Section 8)(Article I, Section 8)27 powers given to Congress27 powers given to Congress

Ex. Tax, reg. trade, coin money, raise Ex. Tax, reg. trade, coin money, raise and maintain militaryand maintain military

FederalismFederalismDelegated Powers:Delegated Powers:

(Federal Gov’t.)(Federal Gov’t.)

2.2.Implied Implied (Article I, Section 8, Clause (Article I, Section 8, Clause 18 )18 )

the the Elastic ClauseElastic Clause

Ex. “necessary & proper” implied to Ex. “necessary & proper” implied to mean “convenient and expedient”mean “convenient and expedient”

FederalismFederalismDelegated Powers:Delegated Powers:

(Federal Gov’t.)(Federal Gov’t.)

3.3.Inherent Inherent b/c it is a national b/c it is a national government in the world communitygovernment in the world community

Ex. Regulate immigration, acquire Ex. Regulate immigration, acquire territory, give diplomatic recognition to territory, give diplomatic recognition to other states, protect the nation against other states, protect the nation against rebellion or internal subversionrebellion or internal subversion

FederalismFederalismPowers Denied the National Powers Denied the National

GovernmentGovernment

1.1.ExpresslyExpressly (Article I, Section 9) (Article I, Section 9)ex. Power to tax exports, deny ex. Power to tax exports, deny freedom of religion, speech, pressfreedom of religion, speech, press

FederalismFederalismPowers Denied the National Powers Denied the National

GovernmentGovernment

2.2.Through OmissionThrough Omission (10 (10thth Amendment)Amendment)

ex. Create public schools, marriage & ex. Create public schools, marriage & divorce laws, set up local governmentsdivorce laws, set up local governments

FederalismFederalismPowers Denied the National Powers Denied the National

GovernmentGovernment

3.3.Due to Federal System Due to Federal System

ex. Can’t tax any of the states in the ex. Can’t tax any of the states in the carrying out their governmental carrying out their governmental functions. (power to destroy)functions. (power to destroy)

Reserved PowersReserved PowersPowers held by the states (10Powers held by the states (10thth

Amend.)Amend.)

Licensing, public schools, setting Licensing, public schools, setting up local governmentup local government

Powers Denied Powers Denied the Statesthe States

Constitution Constitution restricts many……. restricts many…….

Ex. Making treaties, printing money, Ex. Making treaties, printing money, depriving Life, Liberty, & Propertydepriving Life, Liberty, & Property

Federal System also denies many….Federal System also denies many….

Ex. Can’t tax any federal agenciesEx. Can’t tax any federal agencies

Exclusive PowersExclusive PowersOnly by the Federal governmentOnly by the Federal government

Ex. Coin $$$, treaties, import Ex. Coin $$$, treaties, import taxes (tariffs)taxes (tariffs)

Concurrent PowersConcurrent PowersPowers shared by Federal Government & the States

Ex. Collect taxes, define crimes & set punishments, take private property for public use

SupremacySupremacy ClauseClauseArticle VI, Section 2Article VI, Section 2

““The The ConstitutionConstitution and the laws and the laws of the United States………………of the United States………………shall be the supreme law of the shall be the supreme law of the land…”land…”

U.S. U.S. ConstitutionConstitutionActs of Congress (Fed. Laws)Acts of Congress (Fed. Laws)

TreatiesTreatiesState ConstitutionsState Constitutions

State LawsState LawsCity and County Charters & City and County Charters &

LawsLaws