Chapter 4Federalism

Chapter 4 Section 1

Powers and ResponsibilitiesPages 67-71

Objectives

• 1. List the powers given to the federal government and to the state governments by the Constitution.

• 2. List the powers denied to the federal government and to the state governments by the Constitution.

• 3. Identify the responsibilities that the federal and state governments have to each other.

• 4. Describe the courts’ role in the federal system.

Activity

• I will divide you into small groups.• Choose one person to come forward to get

paper and three different color markers. • Each group will define the following terms on

their paper. • Expressed• Implied • Inherent

Directions

• In your group identify examples in your own lives in which you have had either expressed permission, implied permission, or inherent ability to do something.

• Write your ideas on the paper using a different color for each of the three examples.

• Each group will share from its paper and discuss the reasons for placing each example under the category.

• In this section you will learn what powers and responsibilities the federal and state governments are given or denied by the Constitution.

Powers of the Federal Government

• The U.S. government is has three types of powers: expressed, implied, and inherent.

• Powers are in the Constitution, while some are simply those exercised by any government of a sovereign country.

• Expressed: • Legislative, Article 1, Section 8, issuing money, collecting

national taxes, borrowing money, paying government debts, regulating trade with states and foreign governments, declaring war, and raising and maintaining armed forces.

• Article II: president the power to command the armed forces and to direct relations with governments of other countries.

• Article III: judicial branch the power to decide several kinds of cases, concerning the Constitution, federal laws, and treaties.

• Federal courts may also rule on cases involving the U.S. governments, certain foreign officials in the U.S., and disputes among the states.

Implied Powers

• Not all powers of the federal government are expressly listed in the Constitution.

• Implied powers: are suggested by the expressed powers. • Article I, Section 8: gives Congress the power “to make all

laws which shall be necessary and proper” • Elastic Clause: “necessary and proper” clause allows

Congress to extend its authority in ways not specifically granted or denied by the Constitution.

• Example: Sixteenth Amendment –power to establish and collect taxes on incomes. Implied Congress to establish IRS actual tax collecting.

Inherent Powers

• Inherent powers: powers naturally belong to any government of a sovereign country. These powers are not mentioned in the Constitution. These powers are about foreign affairs, international agreements, including new territory. Examples: citizenship, immigration

Powers of State Governments

• Reserved powers: powers reserved for the states. These powers are not mentioned in the Constitution.

• Tenth Amendment: Powers that the Constitution does not give to the federal government nor specifically forbid to the states “are reserved to the states…or to the people.”

• States’ reserved powers are the authority to establish local governments, create public schools, and enact criminal and civil laws. Pass laws promoting public health and safety, regulating business within their borders, and requiring licenses to work in various professional occupations. [doctors, lawyers, hairdressers]

Concurrent Powers

• Concurrent Powers: Constitution neither grants exclusively to the federal government nor denies to the states.

• Example: establish court systems, make and enforce laws, collect taxes to pay the costs of governing , and borrow and spend money.

Limits on Federal and State Powers

• The Constitution limits powers of the different levels of government.

• Powers denied to the federal government, some only to the states, and both levels of government.

Powers Denied to the Federal Government

• Article I, Section 9: powers denied to the federal government. [example: federal government may not tax exports, pass laws favoring the trade of one state over another, or spend money unless authorized to do so by federal law.]

• Federal government may not exercise powers that are not mentioned or implied in the Constitution or inherent to the governments of all countries. [example: establish a monarchy]

• Federal government cannot exercise powers that are reserved for the states, may not pass laws that threaten the federal system established by the Constitution.

Powers Denied to the States

• Article I, Section 10: powers denied to states. [example: state may not issue its own money, make a treaty with a foreign government, or go to war unless invaded or authorized to do so by the federal government, states cannot manage trade with other states or foreign countries without Congressional approval.

Powers Denied to Both Levels

• Constitution denies some powers to both the federal government and the states. [example: deny people accused of crimes the right to trial by jury. The Constitution forbids the federal government and the states from granting titles of nobility.

Responsibilities

• Federal system created by the Constitution, notes the responsibilities that the federal government and the states have to each other.

• Federal Responsibilities: federal government has three main responsibilities regarding the states: 1. making sure that the states have republican governments, 2. protecting the states from violent actions, 3. respecting the states’ territories.

• First, federal government must ensure that all states have republican government. Republican is not defined in the Constitution, it has been interpreted to mean representative government. State’s representatives and senators to be in Congress, federal government recognizes that state’s government is legitimate.

• Second, responsibility of federal government is protecting the states from violent actions, foreign invasions. The founding fathers made the federal government responsible for protecting the states. A attack on the states is an attack on the United States.

[example: 1992-violent rioting in Los Angeles, federal troops were sent to help; 1996-help during natural disasters]

• Third: federal government to guard the states’ territorial rights.

Article IV, Section 3-Constitution states no new states may be formed from the territory of other states without the approval of both states concerned and Congress.

• State Responsibilities: states have responsibilities to the federal government.

• Establish boundaries for districts from which members of the House of Representatives are elected. States set rules for electing members of Congress and choosing presidential electors and pay the costs of running elections-[example: printing the ballots and setting up voting locations]

• National Guards are maintained by states and may be called by the governor or federal government during emergencies. [ U.S. airports after 9/11]

Activity

• I will divide you into six groups. • I will assign each group:• Expressed• Implied• Inherent• For each pair of groups with the same topic

have one group cover the federal role and the other cover the states’ role.

• Your group will make a poster depicting the powers given to the level of government you are assigned.

• Your groups are to use your creativeness, magazine resources, paper, and markers in the classroom.

• Each group will display and discuss the powers listed on your groups poster.

The Courts and the Federal System• The founding fathers knew that conflict would emerge between the

federal and state governments. States may pass laws that conflict with those passed by the federal government.

• Article III: Constitution gives the judicial branch the authority to hear cases involving the Constitution, U.S. laws, and disputes among states.

• The judicial branch acts as a referee between the federal government and the states. [referee makes decisions based on rules that participants have agreed to follow] In our federal system, the Supreme Court-makes decisions based on the rules listed in the Constitution. By agreeing to the rules, states recognized the Constitution is the highest authority in disputes with the federal government.

• Article VI: power of the federal government is superior to the power of state governments. Supremacy Clause: declares the Constitution, federal laws, and treaties made by the federal government are “the supreme law of the land.”

• McCulloch vs. Maryland-1819, the Supreme Court ruled that the state of Maryland could not tax the Bank of the United States. If the states had the power to tax any part of the federal government, they would be superior to it, which would be unconstitutional.

Activity

• I will divide you into groups of three.• Two members of the group are to play games of tic-tac-toe

and the third member should act as the referee. • The rules of game are standard but that certain special

rules apply, such as no touching of the table or desk when it is not a player’s turn, no saying words with more than one syllable, no looking at other teams, and no touching one’s own face. The referees are to watch for any violations and record occurrences on a piece of paper.

• Discuss the similarities between the referees in their games and the role of the courts in the federal system.

• Remember both the game and the courts are based on interpreting certain rules.