Federalism the division of power

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Federalism the division of power

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

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