Chapter 4 Lecture Notes
I. Federalism
a. The Ability for both state and federal Governments to create their own laws.
i. System of government where a written constitution divides the powers of government of a territorial basis between the central or National government and several regional governments
ii. Produces a dual system of government
iii. Strength: Allows local action in matters of Local concern and National action in matters of wider concern
b. Examples of the Division of Governmental Power
i. Federal Laws
1. Register for the military at 18
2. Minimum wage
3. Time and half for overtime
4. Cannot be denied a job because of race or ethnicity
ii. State Laws
1. Drivers license in order to drive a car
2. 21 to buy alcohol
3. Can’t buy cigarettes when you are under 18
c. Why do we have Federalism
i. Framers met in Philadelphia they had complex problems to work out
1. How could they create a new central Government that could:
a. Meet the nations needs
b. Preserve the strength of the existing states
2. Few Favored a strong central government based on the British Model
3. What they new
a. Government poses a threat to individual liberty
b. Governmental power must be retrained
c. Divide governmental power as Federalism does, to prevent abuse
ii. American system of government stands as an example of Federalism
1. Division of Power between the National Government and the States
a. Certain powers to the National Government
b. Certain powers to the State Government
II. Powers of the National Government
a. National government is a government of DELEGATED POWERS or Enumerated Powers
i. Has only those powers delegated to it
ii. Expressed in the Constitution
b. Expressed powers are found in Article I, section 8
i. 18 Clauses expressly gives 27 powers to the Congress
1. Power to give and collect taxes, coin money, regulate trade, raise and maintain armed forces, declare war, fix standards of weights and measures.
Expressed (or delegated) powers are specific authorities granted to the lawmaking body of our government. These specific powers allow the Congress to create the laws necessary to run our country. Expressed powers fall into the following categories:
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1) Fiscal Power
The Congress is responsible for levying and collecting taxes. This money is used to pay our country's debts and to provide for the defense and well-being of our nation. Congress controls borrowing money and coining and printing currency. They also establish standards for weights and measures and punish counterfeiters.
2) Trade Regulation
The Congress holds the power to regulate foreign and interstate trade. However, they cannot make a law, which would give an advantage in trade between two or more states.
3) Military Power
The Congress is responsible for defending our country by establishing a military force. The organization, arming, establishment of military laws - and seeing that military laws are enforced, belongs to Congress. Military power is shared with the president who is considered the Commander in Chief. However, the power to declare war is granted to the Congress.
4) Other Powers
Congress is also responsible for establishing rules for citizenship in the United States. They are required to maintain a post office, make laws for copyrights and patents, and govern the District of Columbia. The Constitution also granted the power to establish our federal court system to the Congress. |
c. Implied Powers
i. Not EXPRESSLY in the Constitution but are reasonably suggested or implied
1. Gives Congress the “Necessary and Proper power”
a. Says congress has the power to make all laws which shall be necessary and proper for carrying into Execution the powers of the Constitution
b. Also known as ”Convenient and useful”
i. Building of dams
ii. Patriot Act
d. Inherent Powers
i. Belong to the National government
1. Because it is known as the sovereign state within the world community
2. National Government has historically possessed these powers.
3. What does it mean to inherit something?
4. Few in number
a. Power to regulate immigration
b. Deport aliens
c. Acquire territory
d. Protect the government
III. Powers Denied to the National Government
a. Constitution denies some powers to the National Government in THREE WAYS
i. First; prohibit freedom of religion, speech, press, or assembly, conduct illegal searches or seizures
ii. Second; Some powers are denied to the National Government. The National Government has DELEGATED powers
1. Create Public Schools, uniform and marriage laws
iii. Third; Some of the powers are denied to the National Government because of the federal system itself
1. Cannot tax the states themselves
IV. The States
a. 10th Amendment; Says States are governments of reserved powers
b. States have Reserved Powers
i. Those powers that the Constitution does not grant to the National Government but does not deny to the state.
1. Any state can forbid person to marry that are under 18 without parental permission
2. Ban the sale of pornography
3. Outlaw Prostitution
4. Permit some forms of gambling and prohibit others
c. Powers Denied to the States
i. States cannot tax the National Government
d. Exclusive and Concurrent Powers of the National Government
i. Most of the powers given to the National Government are Exclusive Powers
1. Can only be used by the National Government, and not by the state under any circumstances
a. Power to coin money, make treaties
b. Because of the power involved
ii. Concurrent Powers of the National Government
1. Both State and National Government have these
a. Power to tax and collect those taxes
b. Define crimes and set punishments
V. Supreme Law of the Land
a. With a dual system of Government there will be conflict
i. Supremacy Clause
1. Making the Constitution the most powerful document in the world
b. Supreme Court and Federalism
i. Judges to see if the Constitution is being followed
ii. McCulloch v. Maryland
1. Second bank of the United States, and its charter by Congress.
2. Maryland put a tax on the bank, people refused to pay the tax.