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Federalism: The Division of Power. Chapter 4, Section 1 American government-Marotz. Government Powers (Division of Powers). Powers Granted. 10 th Amendment. Expressed Implied Inherent. National Government. State Government. Delegated Powers. Reserved Powers. Concurrent Powers. - PowerPoint PPT Presentation
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Federalism: Federalism: The Division of PowerThe Division of PowerChapter 4, Section 1
American government-Marotz
Government PowersGovernment Powers(Division of Powers)(Division of Powers)
National Government
StateGovernment
Powers Granted
Powers Denied
Delegated Powers
Reserved Powers
Concurrent Powers
ExpressedImpliedInherent
10th Amendment
Denied National Denied States
Denied Both
Government PowersGovernment Powers(Division of Powers)(Division of Powers)
National Government
Powers Granted
Delegated Powers
ExpressedImpliedInherent
Expressed:Spelled out in the Constitution•Article I, Section 18•18 clauses giving 27 powers
•Tax•Coin money•Regulate trade•Declare war•Grant patents
Government PowersGovernment Powers(Division of Powers)(Division of Powers)
National Government
Powers Granted
Delegated Powers
ExpressedImpliedInherent
Implied:Not written in Constitution, but reasonably suggested•Article I, Section 18, Clause 18•“necessary and proper”•The Elastic Clause
•Build dams•Highways & roads•Determine crimes
Government PowersGovernment Powers(Division of Powers)(Division of Powers)
National Government
Powers Granted
Delegated Powers
ExpressedImpliedInherent
Inherent:Not written in Constitution, but belong to national governments•Regulate immigration•Grant diplomatic recognition to nations•Protect the nation
Government PowersGovernment Powers(Division of Powers)(Division of Powers)
National Government
Powers DeniedDenied National
Denied:Expressly denied: •Infringe on rights (speech, press, etc.)Silence in Constitution:•Only has delegated powersDenied in Federal System:•Can’t tax states
Government PowersGovernment Powers(Division of Powers)(Division of Powers)
StateGovernment
Powers Granted
Reserved Powers
10th AmendmentReserved 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.
Government PowersGovernment Powers(Division of Powers)(Division of Powers)
StateGovernment
Denied States:Constitution denies certain powers to state, because they are NOT a federal government.
•Make treaties •Print money•Deny rights to citizens
Denied States
Powers Denied
Government PowersGovernment Powers(Division of Powers)(Division of Powers)
National Government
StateGovernment
Powers Granted
Powers Denied
Concurrent Powers
Denied BothConcurrent:Both States and National have these powersMay be exercised separately and simultaneously•Collect taxes•Define crimes•Condemn or take private property for public use
Government PowersGovernment Powers(Division of Powers)(Division of Powers)
National Government
StateGovernment
Powers Granted
Powers Denied
Concurrent Powers
Denied Both
Denied Both:Both States and National have been denied these powers•Violate rights of citizens
Government PowersGovernment Powers(Division of Powers)(Division of Powers)
National Government
StateGovernment
Powers Granted
Powers Denied
Delegated Powers
Reserved Powers
Concurrent Powers
ExpressedImpliedInherent
10th Amendment
Denied National Denied States
Denied Both
EXCLUSIVE
EXCLUSIVE
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. ConstitutioConstitutio
n is the n is the “Supreme “Supreme Law of the Law of the
Land.”Land.”
If there is a conflict
between a lower law and a higher one, the
higher one “wins.”