Federalism

The Framers Choose Federal

• while the Framers favored a strong national government, they also knew firsthand the importance of limiting federal powers
• they were convinced that:
  • governmental power poses a threat to individual liberty
  • that government power must be restrained
  • to divide governmental power is to prevent its abuse

    ## Federalism Defined

    system of government in which a written constitution divides the powers of government on a territorial basis, between a central government and several regional governments * each of those basic levels of government has its own substantial set of powers * neither level, acting alone, can change the basic division of powers that the constitution has created * each level of government operates through its agencies and acts directly through its officials and laws * The American government is a prime example of federalism * basic design set out in Consitution * provides for the division of powers between the National Government & States * certain powers to National while others are reserved for states * spelled out in the 10th Amendment

        Federalism Defined * 2 basic levels of government

          - each has certain powers that the other does not * major strength * it allows local action in matters of local concern and national action in matters of a wider concern * it allows individual states to handle local matters, but also provides for the strength that comes from union * allows for experimentation & innovation in solving public policy problems

          * A government of __delegated powers__ ( 3 types ): government only has those powers granted to it in the Consitution
          * **expressed (enumerated):** specific powers assigned to the National Government

                - regulated interstate commerce, raise an army & navy (most found in 1st 3 articles) * implied: powers that are not expressly stated in the Constitution but that are reasonably suggested by the expressed powers

                - the power to draft people into the armed forces * “necessary and proper clause” - basis for implied clause * Inherent: powers that belong to the National Government because it is a sovereign state in the world community

                  - regulate immigration

                  - granting diplomatic recognition

                  ## The States: Reserved Power

                  those powers that the constitution does not grant to the National government and does not deny to the states * most of what the government does in this country today is done by the states & their local governments * reserved powers include the importance of police power * the power of a state to protect and promote public health, public morals, public safety, and the general welfare * the constitution does not grant express powers to the STates, with one notable exception * \ * section 2 of the 21st Amendment gives the states virtually unlimited power to regulate the manufacture, sale, and consumption of alcoholic beverages

                    ## Exclusive & Concurrent Powers * concurrent powers that both the National Government and the states possess and exercise * \ * levy and collect taxes * define crimes & set punishments * maintain courts * exclusive: powers that can be exercised by the National Government alone

                      ## Supreme Law of the Land

                      Supremacy Clause * The constitution ranks above all other forms of law in the United States

                      - Acts of Congress and treaties stand immediately beneath the Consitution

                      - has been called the “linchpin of the Constitution” because it joins the National Government and the State into a single unit, a federal government * our political history has shown challenges to the concept of national supremacy though

                      ## Powers Denied the Federal Government * first, the Constitution denies some powers to the National Government in so many words-expressly

                        - levy duties on exports

                        - take private property for public use without the payment of just compensation

                        - take away any rights provided in the Constitution/ Bill of Rights * Second, several powers are denied to the National Government because of the silence of the Constitution * third, some powers are denied to the National government because of the federal system itself

                        - Congress cannot tax any of the states in governmental functions

                        ## Powers Denied to the States * no state can enter into a treaty, alliance, or confederation * no state can print/coin money * no state can deprive any person of life, liberty, or property without due process of law * some powers are inherently denied because of the existence of the federal system

                          - no state can tax any agency function of the federal government