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Federalism the division of power

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  • 1. Chapter 4: Federalism American Government
  • 2. Why Federalism?
    • Federalism: A system of government in which a written constitution divides the powers of government on a territorial basis between a central or national government and several regional governments (states).
      • Each has its own set of powers
      • Division of Powers: certain powers to the national government and certain powers to the state governments. (Dual system of government!)
  • 3. Odd State Laws?!
    • In Ohio, if you ignore an orator on Decoration day to such an extent as to publicly play croquet or pitch horseshoes within one mile of the speaker’s stand, you can be fined $25.
    • Women are prohibited from wearing patent leather shoes in public.
    • It is illegal to fish for whales on Sunday.
    • The Ohio driver’s education manual states that you must honk the horn whenever you pass another car.
    • It is illegal to get a fish drunk.
    • It is illegal for more than five women to live in a house.
  • 4. Powers of the National Government
    • Delegated Powers
      • Granted by the Constitution
    • Expressed Powers: Enumerated Powers-delegated to the National Government
      • Collect taxes, coin money, declare war, etc.
    • Implied Powers: not stated in the Constitution, but are suggested (implied) by the expressed powers.
      • Prohibiting racial discrimination, building the interstate highway system, etc.
  • 5. Powers Continued
    • Inherent Powers
      • Belong to the National Government because it is the national government of a sovereign state in the world community.
      • Powers that over time, all national governments have possessed.
      • Regulate immigration, acquire territory, protect the nation from attempts to overthrow it, etc.
  • 6. Is There Anything Gov't Can't Do?
    • It depends who you ask, though. According to our recent administrations:
    • The government can assassinate American citizens.
    • The government can search your telephone, e-mail, and financial records without a warrant.
    • The government can create money out of thin air… money that isn’t backed by anything of value.
    • The government can subject you to an intrusive inspection that might include a pat-down and body scan.
    • The government can start undeclared wars in foreign countries.
    • The government can tell you what you can and cannot eat.
    • The government can kidnap you and hold you indefinitely without charging you with a crime.
    • What do you think?!
  • 7. Powers Denied!
    • The Government cannot:
      • Take private property for public use without the payment of just compensation, prohibit freedom of religion, conduct illegal searches, deny a person to a speedy trial, etc.
      • Create a public school system for the nation, enact uniform marriage and divorce laws, etc.-the silence of the Constitution
      • Destroy Federalism itself!
  • 8. Powers Reserved to the States
    • 10 th Amendment?!
    • Reserved Powers: those powers that the Constitution does not grant to the National Government and does not, at the same time deny to the States.
      • They can: require professionals to have licenses to practice, outlaw prostitution, prohibit gambling, confiscate property in connection with crimes, establish public schools, etc.
    • They cannot “trample” on Federal powers! (coin money, enter into a foreign alliance, etc.)
  • 9. Exclusive and Concurrent Powers
    • Exclusive Powers: powers exercised by the National Government alone and cannot be exercised by the states.
    • Concurrent Powers: powers that both the NG and the SG possess and exercise.
      • Power to levy and collect taxes, define crimes, take property for public use, etc.
  • 10. Supremacy Clause
    • Kind of like...The Santa Clause!
    • The Constitution is the Supreme Law of the land.
      • Constitutes the “Federal System.”
      • The Supreme Court applies the supremacy clause to conflicts within the government.