Chapter_Four_Notes.doc - Mr McCormack American Government Central Dauphin High School Chapter Four Federalism I The Division of Power A Federalism \u2013 a

Chapter_Four_Notes.doc - Mr McCormack American Government...

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Mr. McCormack American Government Central Dauphin High School Chapter Four Federalism I. The Division of Power A. Federalism – a system of government in which governmental powers are divided on a territorial basis 1. Each government has power only in its own territory (either the whole country, or just a part of the country) 2. Each level of government has its own powers a. Some powers are exclusive (only the national government can declare war) b. Some powers are concurrent (both national and state governments share control over the environment) c. When powers are concurrent, the national government can overrule the state governments 3. Federalism is implied in the 10th Amendment to the Constitution – “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” a. The Constitution never firmly establishes a hard boundary between the powers of the states and the powers of the national government b. A general trend in American history has been the continuing cession of state powers to the national government 4. Arguments in favor of Federalism a. Allows for problem-solving at the most appropriate level i. Major issues requiring national resources can be solved by the national government ii. Purely local issues can be resolved at the level closest to the people involved b. Respects the traditions and values of different people in different places c. Helps keep a single government from growing too strong and abusing the people’s rights d. Allows experimentation to find the best solutions to common problems B. Powers of the National Government 1. The national government is a government of delegated powers a. The government may only do what the Constitution permits (product) b. The government may only do what it must in the ways the Constitution permits (process) 2. The national government’s powers may be classified into three categories a. Express Powers (“enumerated powers”) i. Clearly stated in the Constitution (mostly in Article I, Section 8) ii. More than 30 distinct powers exist (i.e. coin money, collect taxes, etc.) b. Implied Powers i. Based on the “necessary and proper clause” - Article I, Section 8, Clause 18 ii. Congress shall have the power to make all laws that will be “necessary and proper” to execute any of its express powers iii. “Necessary and proper” now means “convenient and useful” – Congress has greatly expanded the powers of the national government iv. The Supreme Court does occasionally limit Congress’ attempts to expand its authority [i.e. when it declared that criminalizing gun possession in school zones had nothing to do with “regulating commerce” United States v. Lopez , 514 US 549 (1995)] c. Inherent Powers i. The powers naturally exercised by all sovereign states ii. Examples include acquiring more territory, controlling immigration, and deporting illegal aliens C. Powers Denied to the National Government 1. Expressly denied a. Congress may not tax exports (goods shipped to other countries)
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