Federalism DefinedFederalism Defined

FederalismFederalism is a system of government is a system of government

in which a in which a written constitutionwritten constitution

divides the powers of government on a territorial divides the powers of government on a territorial basisbasis

between a central, or national, government and between a central, or national, government and several regional governments.several regional governments.

Powers of the National Powers of the National GovernmentGovernment

The National Government is a The National Government is a government of government of delegated powersdelegated powers ( (or or

granted) granted) to it in the Constitution. to it in the Constitution. The The expressed powersexpressed powers are those found directly within the Constitution. (Art. 1, Sec. 8)-27 powers are those found directly within the Constitution. (Art. 1, Sec. 8)-27 powers The The implied powersimplied powers are not expressly stated in the Constitution, but are suggested, or implied by, the expressed powers. (Art. 1, Sec. 8, Cl. 18) (nec+proper) are not expressly stated in the Constitution, but are suggested, or implied by, the expressed powers. (Art. 1, Sec. 8, Cl. 18) (nec+proper) The The inherent powersinherent powers belong to the National Government because it is the government of a sovereign state within the world community. (natural powers-imm.) belong to the National Government because it is the government of a sovereign state within the world community. (natural powers-imm.)

Powers Denied to the National Powers Denied to the National GovernmentGovernment

Some powers, such as the power to levy duties on exports Some powers, such as the power to levy duties on exports or prohibit the freedom of religion, speech, press, or or prohibit the freedom of religion, speech, press, or assembly, are expressly assembly, are expressly denieddenied to the National Government to the National Government in the Constitution.in the Constitution.

Also, some powers are Also, some powers are denied to the National denied to the National Government because Government because the Constitution is the Constitution is silent on the issue. silent on the issue.

some powers are denied to some powers are denied to the National Government the National Government because the federal system because the federal system does not intend the National does not intend the National Government to carry out Government to carry out those functions.those functions.

The StatesThe States Powers Reserved Powers Reserved

to the Statesto the States The 10th AmendmentThe 10th Amendment The The reserved powersreserved powers

are those powers that are those powers that the Constitution does the Constitution does not grant to the not grant to the National Government National Government and and does notdoes not, at the , at the same time, deny to the same time, deny to the States.States.

Powers Denied Powers Denied to the Statesto the States

Powers denied to the Powers denied to the States are denied in States are denied in much the same way much the same way that powers are that powers are denied to the denied to the National Government; National Government; both expressly and both expressly and inherently.inherently.

The Exclusive and Concurrent The Exclusive and Concurrent PowersPowers

Exclusive PowersExclusive Powers Powers -National Powers -National

Government alone Government alone Examples:Examples:

coin moneycoin money make treaties with make treaties with

foreign statesforeign states lay duties (taxes) on lay duties (taxes) on

imports.imports.

Concurrent PowersConcurrent Powers Powers that both the Powers that both the

National Government National Government and the States possess and the States possess and exercise.and exercise.

Examples:Examples: power to levy and collect power to levy and collect

taxestaxes define crimes and set define crimes and set

punishments for thempunishments for them claim private property for claim private property for

public use.public use.

The Division of Powers The Division of Powers ((pg.115pg.115))

The federal The federal system system determines the determines the way that powers way that powers are divided and are divided and shared between shared between the National and the National and State State governments.governments.

The Supreme Law of the The Supreme Law of the LandLand

The Supremacy Clause in the Constitution The Supremacy Clause in the Constitution establishes the Constitution and United States establishes the Constitution and United States

laws as the “supreme Law of the Land.”laws as the “supreme Law of the Land.”