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DIVISION OF POWER

FEDERALISM

Definition: Federalism A system of government in which a written constitution divides power between a national or central government and several regional governments.

Look at the 10th Amendment What can you determine about federalism from this amendment?

How are you able to determine this? Explain.

10th Amendment
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

Why Federalism?

Framers Believed 3 Things


1. Governmental power poses a threat to individual liberty 2. Exercise of Governmental Power must be restrained 3. To divide governmental power is to curb it and prevent its abuse

Division of Power in Federalism


Concurrent

Expressed

Reserved

Definitions:
Expressed Powers granted to the national government

Reserved Powers granted to the states

Definitions:
Concurrent Powers belong to both national and state governments

Expressed Powers National Government


Coin Money Establish Post Offices Raise & Support the Military Regulate Foreign Trade Declare War Govern US Territories Admit New States Conduct Foreign Relations Regulate Interstate Commerce

Reserved Powers State Governments


Conduct Elections Establish State Militia Regulate Intrastate Commerce Establish Public Schools Pass Professional License Requirements Regulate Alcoholic Beverages Establish Local Governments Regulate Drivers Licenses

Concurrent Powers Both National and State


Levy and Collect Taxes Borrow Money Establish Courts Inferior to Supreme Court Claim Private Property for Public Use Ratify Amendments to the Constitution Provide for the Public Health, Safety, and Morals Provide for the General Welfare Make and Enforce Laws Charter Banks Define Crimes and Set Punishments

Supremacy Clause
This Constitution, and Laws of the United States which shall be made in Pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the Land.

United States Constitution Acts of Congress and Treaties State Constitutions State Statutes City and County Charters and Ordinances

The Major Disaster Process


Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Local Government Responds. If
overwhelmed, turns to the State for assistance.

The State Responds with State resources,


such as the National Guard or State agencies.

Damage Assessment by local, State,


Federal, and volunteer organizations.

A Major Disaster Declaration is requested


by the governor, based on damage assessment

FEMA Evaluates the request and


recommends action to the White House.

The President Approves the request or


FEMA informs the governor it has been denied.

Dual vs. Cooperative Federalism

Dual Federalism
Clear distinction between powers of the Federal Government and State Governments Very clear which powers belong to who **Layer Cake**

Cooperative Federalism
Shared powers over policy between the Federal and State Governments Federal power have gradually seeped down into the State Governments **Marble Cake**

Cooperative Federalism Requires


1. Shared cost between State and Federal Governments 2. Shared Administration
-Both Federal and States are allowed to implement and monitor policy

3. Shared Guidelines (Laws)

Do we have this in the United States? Does this work in the United States? How does Cooperative Federalism work?

Modern Day Cooperative Federalism


Strings attached Legislation
Example= Drinking age (Categorical grant) -Federal Government requires State to set the drinking age to 21 or they will not provide road and highway $$

Block Grants- set of categorical grants put together Example= Health Care grants, Social Service grants Project Grants- $$ given to fund a large project Example= Space Race, Medical Research Unfunded Mandate-Congress passes a law that forces the States to do something, but does not provide the funding to do so Example-NCLB, Buildings handicapped accessible

The Division of Powers


FEDERAL POWERS SHARED POWERS STATE POWERS

The Division of Powers


Regulate interstate and foreign trade Regulate trade within the State Declare war and peace Enforce laws and punish Lawbreakers Provide for the health and welfare of people Conduct elections Establish and support public schools Collect Taxes

Incorporate business firms

Conduct foreign relations

Delegated Powers

Coin and print money

Raise and support armed forces

Admit new states

License Professional Workers

Establish Local Governments

Determine qualifications of voters

Establish post offices and roads

Reserved Powers

Concurrent Powers

Establish courts

All other powers not taken by Federal Govt.

Pass naturalization laws and regulate immigration

Borrow money

How the Powers of Government are Divided


FEDERAL POWERS (Delegated Powers)
-Regulate interstate and foreign trade -Coin and print money -Conduct foreign relations -Establish post offices and roads -Raise and support armed forces -Declare war and peace -Admit new states -Pass naturalization laws and regulate immigration

SHARED POWERS (Concurrent Powers) -Collect Taxes -Borrow money -Establish courts -Enforce laws and punish Lawbreakers -Provide for the health and welfare of people

STATE POWERS (Reserved Powers)


-Regulate trade within the State -Establish Local Governments -Conduct elections -Determine qualifications of voters -Establish and support public schools -Incorporate business firms -License Professional Workers -All other powers not taken by Federal Govt.

CONFLICT
Sometimes conflicts can arise when state and federal disagree about who has the right to control an issue
- For Example: Medical Marijuana
read articles and answer questions.

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