The document summarizes the key aspects of federalism established by the US Constitution. It establishes a federal system that divides power between the national and state governments. The national government is granted expressed powers listed in the Constitution like defense, currency, and foreign affairs. State governments are granted reserved powers over local issues like marriage, drinking ages, and business regulation. Concurrent powers like taxation and criminal law can be exercised by both levels. The 10th Amendment establishes that powers not given to the national government nor prohibited to the states are reserved for the states or the people.

1. Federalism:Federalism:
The division oF PowerThe division oF Power

2. How did the US Constitution
create a federal system of
government?
• The Constitution organized government
in a new way.
• It created a federal system of
government.
The Constitution gives certain powers
only to the national government
and certain powers only to the states.

3. Federal System
• There are also certain powers that
federal and state government share
powers.
• All other powers are kept by the
people.

4. What is a federal system of
government?
• According to the natural
rights philosophy, the people
have a right to create a
government.
Photo from iep.utm.edu
What was the name of the philosopher whose natural
rights philosophy influenced the Founding Fathers?
John Locke

5. “We the People…”
• The Constitution begins with the words “We the
People”.
• The people have created a government and have
given it the authority to govern them.
• In return, government is responsible for protecting
the people’s rights to...
• Life
• Liberty
• Property

6. The
People
The Constitution
protects the
rights of the
people from the
government.
Constitution
The
People
Government
The constitution is a social contract
between We the People and the
government.
The Constitution
creates limits and
guidelines for the
government in order
to protect the people
from an abuse of
power.
It all starts with the
people…

7. Sovereign
• The people remain sovereign at all
times.
What does sovereign mean?
• Sovereign means to have the highest
rank of authority.
• The people have ultimate authority to
control government.
• This is where the term “popular
sovereignty” comes from.

8. So how is power divide between the
federal and state governments?
• There are different kinds of powers:
• Expressed powers
• Powers that are listed
• Reserved powers
• Powers specifically given the state government
• Concurrent powers
• Powers shared by the federal and state
governments
• Powers denied

9. Expressed PowersExpressed Powers
Powers Granted
Expressed:
Spelled out in the Constitution
•Article I, Section 8
•18 clauses giving 27 powers
•Tax
•Coin money
•Regulate trade
•Declare war
•Grant patents
Powers of the
Federal Government
Article I, Section 8

10. What About Article I, Section 8,What About Article I, Section 8,
Clause 18?Clause 18?
This is what is known as the
“elastic clause” or implied powers.
Implied:
Not written in Constitution, but
reasonably suggested
•Article I, Section 8, Clause 18
•“necessary and proper”
•The Elastic Clause
•Build dams
•Highways & roads
•Determine crimes
Article I, Section 8,
Clause 18
To make all Laws which
shall be necessary and
proper for carrying into
Execution the foregoing
Powers, and all other Powers
vested by this Constitution in
the Government of the United
States, or in any Department
or Officer thereof.
Question for Discussion:
Why might some people have a
problem with the “elastic clause”?

11. Reserved PowersReserved Powers
Reserved Powers:
10th
Amendment
•Not granted to Federal, but not denied to
states.
•Legal marriage age
•Drinking age
•Professional license
•Confiscate property
The power of the state to protect and promote
public health, the public morals, the public
safety, and the general welfare.
Powers of the State
Governments
Amendment X (10)

12. Concurrent PowersConcurrent Powers
Concurrent:
The national and
state governments
share these powers
May be exercised
separately and
simultaneously
•Collect taxes
•Define crimes
•Condemn or take
private property for
public use
Powers of
the Federal
Government
Article I,
Section 8
Powers of the
State
Governments
Amendment X
(10)
Concurrent
Powers
•Collect
taxes
•Define
crimes
•Condemn
or take
private
property for
public use
Powers are expressly given to the federal
government and reserved to the states.
Concurrent powers are where the national
and state government meet in the middle
and share power.

13. Powers DeniedPowers Denied
Denied Federal Government:
Expressly denied:
•Infringe on rights (speech, press,
etc.)
Silence in Constitution:
•Only has delegated powers
Denied in Federal System:
•Cannot tax states
Denied State Governments:
Constitution denies certain
powers to state, because they
are NOT a federal
government.
•Make treaties
•Print money
•Deny rights to citizens
Denied Both:
Both state governments and national government have been denied the
power to violate rights of citizens
What protects the rights of the people from the government?

14. So What Does It All Look Like?
Powers of the
Federal
Government
Article I, Section
8
Powers of the
State
Governments
Amendment X
(10)
Concurrent Powers
•Collect taxes
•Define crimes
•Condemn or take
private property for
public use
Powers Denied to the Federal
Government
Powers Denied to the State
Governments

15. The Supremacy ClauseThe Supremacy Clause
(Article VI, Section 2)(Article VI, Section 2)
City and County
Laws
State Statues
(laws)
State
Constitutions
Acts of
Congress
United States
Constitution
The U.S.The U.S.
ConstitutionConstitution
is theis the
“Supreme“Supreme
Law of theLaw of the
Land.”Land.”
If there is a
conflict between
a lower law and
a higher one,
the higher one
“wins.”