Federalism

Federalism

FEDERALISM is a governmental system that divides power between the national and state governments. Here in the US, there is also a local level of government. The national level has power over state and local governments because of the Supremacy Clause of the Constitution. The 10th Amendment says that powers not given to the national government belong to the states or the people.

Remember that the Constitution is designed to be a framework. Because there are not specific details of all the powers of the national and state governments, there are frequently disagreements about exactly how the powers should be divided and shared.

The national government (also called the federal government) has 3 types of powers.

• expressed powers

• implied powers

• inherent powers

EXPRESSED POWERS are directly stated (in specific wording) in the Constitution. Examples include:

• levy (assess) and collect taxes

• make war

• regulate interstate trade

IMPLIED POWERS are not stated in exact words but can be reasonably assumed from the expressed powers. They come from the "necessary and proper" clause in Article I of the Constitution.

A way to understand this idea is to think about the expressed power of Congress to create a military. The Constitution doesn't say that Congress can pay the soldiers, design uniforms, or purchase tanks. But we assume Congress has those powers because they are necessary to create a military.

INHERENT POWERS are powers that the national government has because all national governments have them. Examples include:

• establishing diplomatic relations with other countries

• regulating immigration

CONCURRENT POWERS are shared by national and state governments. Both levels can exercise these powers. Examples include:

• taxation

• transportation

• establishing courts

• making laws

Sometimes, there is disagreement between national and state governments about exactly how to handle concurrent powers.

There are even some powers that are DENIED to both national and state governments.

• Neither national nor state governments can pass ex post facto ("after the fact") laws. These laws make something a crime that was not a crime when the action occurred. This seems strange to us, but it was a policy of the British government to the colonies.

• Neither national nor state governments can tax US exports. The reason for that is it would punish US businesses by adding an unnecessary tax.

TIME FOR SOME REVIEW.............

Multiple Choice

Which part of the Constitution describes the executive branch?

• Article I

• Article II

• Article III

• Article IV

Multiple Choice

Which part of the Constitution tells how to change the Constitution?

• Article I

• Article II

• Article III

• Article V

Multiple Choice

The process of amending the Constitution has 3 steps.

• True

• False

Multiple Choice

How many states needed to ratify the Constitution for it to go into effect?

• half of them

• 7 of 13

• 9 of 13

• all of them

Multiple Choice

Which of the following is not one of the reasons the Anti-Federalists opposed the Constitution?

• The Constitution was too short.

• The Constitution did not protect individual rights.

• The central government might be too strong.

Multiple Choice

Which man wrote a part of the Federalist Papers?

• James Madison

• Patrick Henry

• George Mason

Multiple Choice

RATIFICATION means

• legislative action.

• formal approval.

• executive permission.

Multiple Choice

Which group favored the Constitution?

• Anti-Federalists

• Federalists

Open Ended

What is the introduction to the Constitution called?

Multiple Choice

How many purposes for the Constitution are listed in the Preamble?

• 5

• 6

• 7

• 8

Multiple Choice

Which group opposed the Constitution?

• Anti-Federalists

• Federalists

Multiple Choice

Which term describes a government divided into branches with equal power?

• checks and balances

• rule of law

• consent of the governed

• separation of powers

Multiple Choice

Which term means that all individuals must follow the Constitution?

• consent of the governed

• rule of law

• separation of powers

• checks and balances

Multiple Choice

Which of the following is not a step in the amendment process?

• proposal

• ratification

• impeachment