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GOV CH 4-1 FEDERALISM

 1. 

Study the Objectives and vocabulary words below. Be aware of the words as you work throught the lesson
On the right, explain what you expect to learn in this lessoon.

Objectives

Define
federalism and explain why the Framers chose this system of government.
Identify powers delegated to and denied to the National Government, and powers reserved for and denied to the States.
Understand that the National Government holds exclusive powers; it also holds concurrent powers with the States.
Explain the place of local governments in the federal system.
Examine how the Constitution functions as “the supreme Law of the Land.”

Political Dictionary
federalism
division of powers
delegated powers
expressed powers
implied powers
inherent powers
reserved powers
exclusive powers
concurrent powers
 
 
Chapter 4 in Brief

Section 1 Federalism: The Division of Power

·      The Framers sought to create a central government strong enough to meet the nation’s needs and still preserve the strength of the States.
·      The National Government has only those powers delegated to it by the Constitution.
·      The States are governments of reserved powers—powers that the Constitution does not grant to the National Government or deny to the States.
·      Most of the powers of the National Government are exercised by the National Government alone.
·      The concurrent powers are possessed by both the National Government and the States.
·      Local governments exist only as parts of their parent State.
·      The Constitution stands above all other forms of law in the United States.
 

 2. 

Who were the framers?
a.
Carpenters during the clolonial period
c.
The people who wrote the Constitution of the United States
b.
The committee who wrote the Declaration of Independence
d.
None of these
 

 3. 

The National Government has only those powers
a.
delegated to it by the Constitution
c.
given to it by Supreme Court legislation
b.
outlined in the Declaration of Independence
d.
given to it by congressional court decisions
 

 4. 

Concurrent powers are
a.
Exercised by the state governments
c.
Exercised by Congress
b.
Exercised by the national government
d.
Exercised by the national government and the states
 

 5. 

Local governments, like cities, exist only within
a.
The United States
c.
Within the states that they are a part of
b.
The unincorporated territories of the states
d.
Within the states that they are a part of American territories such as Guam and Puerto Rico
 
 
Why Federalism?
When the Framers of the Constitution met at Philadelphia in 1787, they faced a number of difficult issues. Not the least of them: How could they possibly create a new central government that would be strong enough to meet the nation’s needs and, at the same time, preserve the strength of the existing States?
Few of the Framers favored a strong central government based on the British model; and all of them knew that the Revolution had been fought in the name of self-government. Yet they also knew that the government under the Articles of Confederation had proved too weak to deal with the nation’s many problems.

Remember, most of the Framers were dedicated to the concept of limited government. They were convinced (1) that governmental power poses a threat to individual liberty, (2) that therefore the exercise of governmental power must be restrained, and (3) that to divide governmental power, as federalism does, is to curb it and so prevent its abuse.
 

 6. 

Most of the Framers
a.
Had little or no fear of a national government
c.
Were afraid of an all powerful national government
b.
Wanted a national government with absolute power
d.
Had little concern for state power
 

 7. 

What were the two main objectives of the Framers of the Constitution (pick 2)
 a.
Create a strong Bill of Rights
 c.
Make a national government strong enough to deal with the nations problems but no too strong
 b.
Preserve freedom
 d.
Make the states completely independent of the National Government
 
 
Federalism Defined

Federalism
is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces. Each of these levels of government has its own substantial set of powers. Neither level, acting alone, can change the basic division of powers the constitution has created. In addition, each level of government operates through its own agencies and acts directly through its own officials and laws.

The American system of government stands as a prime example of federalism. The basic design of this system is set out in the Constitution. This document provides for a division of powers between the National Government and the States. That is, it assigns certain powers to the National Government and certain powers to the States. This division of powers was implied in the original Constitution and then spelled out in the Bill of Rights

In effect, federalism produces a dual system of government. That is, it provides for two basic levels of government, each with its own area of authority. Each operates over the same people and the same territory at the same time.

Federalism’s major strength is that it allows local action in matters of local concern, and national action in matters of wider concern. Local traditions, needs, and desires vary from one State to another, and federalism allows for this very significant fact.

Illustrations of this point are nearly endless. For example, a third of the States are directly involved in the liquor business, operating it as a public monopoly; elsewhere private enterprise is the rule. In 48 States many gas stations are self-service; in New Jersey and Oregon, the law forbids motorists to pump their own gas. Only one State—North Dakota—does not require voters to register in order to cast their ballots. Only Nebraska has a unicameral (one-house) legislature. Oregon is the only State that has legalized physician-assisted suicide. Only five States—Alaska, Delaware, New Hampshire, Montana, and Oregon—do not impose a general sales tax.

While federalism allows individual States to handle State and local matters, it also provides for the strength that comes from union. National defense and foreign affairs offer useful illustrations of this point. So, too, do domestic affairs. Take, for example, a natural disaster. When a flood, drought, winter storm, or other catastrophe hits a particular State, the resources of the National Government and all of the other States may be mobilized to aid the stricken area.
 

 8. 

The states
a.
Have pretty much the same laws
c.
Have the different laws for social issues but the same laws for taxes
b.
Have different laws on a variety of issues
d.
Must allow private enterprise to operate on all issues
 

 9. 

Federalism is beneficial to
a.
The states only
c.
Both the state and national governments
b.
The national government only
d.
Some religions and not others
 

 10. 

Which statements are true about federalism (pick 3)
 a.
Power is divided between the national government and the states
 c.
The national and state governments have the same powers
 b.
The national and state governments make their own laws and elect there own officials
 d.
he design of the federal system is outlined in the Constitution
 

 11. 

What are the major strengths of federalism? (pick 2)
 a.
It allows local people to deal with local problems that they know best
 c.
It allows the national government to deal with problems that affect the entire country
 b.
It allows the national government to have more control over local governments
 d.
It allows the local governments to have absolute freedom from control by the national government
 
 
The Implied Powers

The implied powers are not expressly stated in the Constitution but are reasonably suggested—implied—by the expressed powers. The constitutional basis for the implied powers is found in one of the expressed powers. Article I, Section 8, Clause 18 gives Congress the “necessary and proper power.” The Necessary and Proper Clause says that Congress has the power

Through congressional and court interpretation, the words necessary and proper have come to mean, in effect, “convenient and useful.” Indeed, the Necessary and Proper Clause is sometimes called the Elastic Clause, because, over time, it has been stretched to cover so many situations.

Here are but a few of the thousands of examples of the exercise of implied powers. Congress has provided for the regulation of labor-management relations, the building of hydroelectric power dams, and the building of the 42,000-mile interstate highway system. It has made federal crimes of such acts as moving stolen goods, gambling devices, and kidnapped persons across State lines. It has prohibited racial discrimination in granting access to such places as restaurants, theaters, hotels, and motels. Congress has taken these actions, and many more, because the power to do so is reasonably implied by just one of the expressed powers: the power to regulate interstate commerce.
 

 12. 

Implied powers are
a.
specifically written into the Constitution
c.
Not part of the Constitution
b.
Suggested in the Constitution
d.
Part of the state constitutions but not part of the national constitution
 

 13. 

The Constitution says that Congress
a.
Can do anything it wants regardless of the Constitution
c.
Has no powers written into the Constitution
b.
Can only do those things that are expressly written into the Constitution
d.
Can do what it needs to do to carry out its responsibilities under the Constitution
 

 14. 

What is another name for the part of the Constitution that creates implied powers? (pick 2)
 a.
The necessary and proper clause
 c.
The Supreme Court clause
 b.
The grandfather clause
 d.
The elastic clause
 
 
The Inherent Powers

The inherent powers belong to the National Government because it is the national government of a soverign state in the world community. Although the Constitution does not expressly provide for them, they are powers that, over time, all national governments have possessed. It stands to reason, that the Framesrs of the Constitution intended the National Government they created to hold these powers.
The inherent powers are few in number. The major ones include the power to regulate immigration, to deport undocumented aliens, to acquire territory, to grant diplomatic recognition to other states, and to protect the nation against rebellion or other attempts to overthrow the government by force or violence.
One can argue that most of the inherent powers are implied by one or more of the expressed powers. For example, the power to regulate immigration is suggested by the expressed power to regulate foreign trade. The power to acquire territory can be drawn from the treaty-making power and the several war powers. But the doctrine of inherent powers holds that it is not necessary to go to these lengths to find these powers in the Constitution. In short, these powers exist because the United States exists.
 

 15. 

Inherent powers
a.
Are not suggested in the Constitution
c.
Sometimes hinder the power of the national government
Are a natural part of all national governments
b.
Are only held by the state governments
d.
Are a natural part of all national governments
 
 
Powers Denied to the National Government

Although the Constitution delegates certain powers to the National Government, it also denies the National Government certain powers. It does so in three distinct ways.

First, the Constitution denies some powers to the National Government in so many words—expressly.2 Among them are the powers to levy duties on exports; to prohibit freedom of religion, speech, press, or assembly; to conduct illegal searches or seizures; and to deny to any person accused of a crime a speedy and public trial or a trial by jury
 

 16. 

Powers denied to the National Government are
a.
Basically the powers denied by the Bill of rights
c.
The power to declare war
b.
The power to regulate interstate trade or commerce
d.
The power to propose changes to the Constitution
 
 
nar008-1.jpgPresident Ronald Reagan (1911–2004) was 69 years old when he took office in 1981. During his two terms, President Reagan made it a priority to give power back to the States. The excerpt below comes from his first inaugural address.

“It is my intention to curb the size and influence of the Federal establishment and to demand recognition of the distinction between the powers granted to the Federal Government and those reserved to the States or to the people. All of us need to be reminded that the Federal Government did not create the States; the States created the Federal Government.”
 

 17. 

What does President Reagan mean when he notes that “the Federal Government did not create the States; the States created the Federal Government”?
a.
No state has any power under the system of Federalism
c.
The Constitution was created by the National government
b.
The U.S. government does not hold absolute power over the states
d.
Only the national government can change the constitution
 
 
Second, several powers are denied to the National Government because of the silence of the Constitution. Recall that the National Government is a government of delegated powers; it has only those powers the Constitution gives to it.

Among the many powers not granted to the National Government are the powers to create a public school system for the nation, to enact uniform marriage and divorce laws, and to set up units of local government. The Constitution says nothing about these matters. It says nothing that would give the National Government the power to do any of these things—expressly, implicitly, or inherently. In short, the lack of any such provisoin—the silence of the Constitution—denies power to the National Government
Third, some powers are denied to the National Government because of the federal system itself. Clearly the Constitution does not intend that the National Government should have any power to take action that would threaten the existence of that system. For example, in the exercise of its power to tax, Congress cannot tax any of the States or their local units in the carrying out of their governmental functions. If it could, it would have the power to destroy—tax out of existence—one or more, or all, of the States.3
 

 18. 

Why would a power be denied to the national government because the power is not mentioned (silent) in the Constitution?
a.
The national government only has those powers delegated to it in the Constitution
c.
Only the states have delegated powers
b.
The national government is powerless
d.
The states are powerless
 
 
The States

The 50 States are the other half of the very complicated equation we call federalism. Their role in the American federal system is no less important than the role of the National Government.

Powers Reserved to the States

As you recall, the 10th Amendment declares that the States are governments of reserved powers. (See page 89.) The reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States.

Thus, any State can forbid persons under 18 to marry without parental consent, or those under 21 to buy liquor. It can ban the sale of pornography, outlaw prostitution, and permit some forms of gambling and prohibit others. A State can require that doctors, lawyers, hairdressers, and plumbers be licensed in order to practice in the State. It can confiscate automobiles and other property used in connection with such illicit activities as illegal drug trafficking or prostitution. It can establish public schools, enact land use laws, regulate the services and restrict the profits of such public utilities as natural gas, oil, electric power, and telephone companies, and do much, much more.

In short, the sphere of powers held by each State—the scope of the reserved powers—is huge. The States can do all of those things just mentioned, and much more, because (1) the Constitution does not give the National Government the power to take these actions and (2) it does not deny the States the power to take them.

How broad the reserved powers really are can be understood from this fact: Most of what government does in this country today is done by the States (and their local governments), not by the National Government. The point can also be seen from this fact: The reserved powers include the vitally important police power—the power of a State to protect and promote the public health, the public morals, the public safety, and the general welfare.

The Constitution does not grant expressed powers to the States, with one exception. Section 2 of the 21st Amendment gives the States a virtually unlimited power to regulate the manufacture, sale, and consumption of alcoholic beverages.
 

 19. 

What does the 10th Amendment say about state and national power?
a.
The states only have those powers delegated to it by the constitution
c.
Everyone has the right to own a gun
b.
The national government only has those powers delegated to it by the constitution
d.
The bill of rights are the powers granted to the people by the constitution
 

 20. 

Most of what the government does today is done by
a.
The national government
c.
The United Nations
b.
The states
d.
The Congress
 

 21. 

What is the only expressed power given to the states by the Constitution?
a.
The power to regulate firearms
c.
The power to regulate interstate commerce
b.
The power to declare war
d.
The power to regulate alcohol
 
 
The Exclusive and the Concurrent Powers
Most of the powers that the Constitution delegates to the National Government are exclusive powers. These powers can be exercised by the National Government alone. They cannot be exercised by the States under any circumstances.

Some of these powers are expressly denied to the States. Examples include the power to coin money, to make treaties with foreign states, and to lay duties (taxes) on imports. Some powers are not expressly denied to the States but are, nonetheless, among the exclusive powers of the Federal Government because of the nature of the particular power involved. The power to regulate interstate commerce is a leading example of this point. If the States could exercise that power, trade between and among the States would be at best chaotic and at worst impossible.6

Some of the powers delegated to the National Government are concurrent powers. The concurrent powers are those powers that both the National Government and the States possess and exercise. They include, for example, the power to levy and collect taxes, to define crimes and set punishments for them, and to condemn (take) private property for public use.

The concurrent powers are held and exercised separately and simultaneously by the two basic levels of government. That is, the concurrent powers are those powers that the Constitution does not grant exclusively to the National Government and that, at the same time, does not deny to the States. The concurrent powers, in short, are those powers that make it possible for a federal system of government to function.
 

 22. 

What are concurrent powers?
a.
Powers held alone by the states
c.
Powers held by both the state and national governments
b.
Powers held alone by the national government
d.
The power to create concurrent money
 
 
The Federal System and Local Governments

Government in the United States is often discussed in terms of three levels: national, State, and local. However convenient this view may be, it is at best misleading. Recall that there are only two basic levels in the federal system: the National Government and the State governments.
Governments do exist at the local level all across the country, of course. In fact, there are more than 87,000 units of local government in the United States today. You will take a look at them later in this book. For now, keep this important point in mind: All of these thousands of local governments are parts—subunits—of the various State governments.

Each of these local units is located within one of the 50 States. In its constitution and in its laws, each State has created these units. None exists apart from its parent State. Local government can provide services, regulate activities, collect taxes, and do many other things. It can do these things, however, only because the State has established and given it the power to do so. In short, when local governments exercise their powers, they are actually exercising State powers.

Another way of putting all of this is to remind you of a point that was first made in Chapter 1. Each of the 50 States has a unitary form of government—a central government that creates local units of government for its own convenience.
 

 23. 

Local governments are created by and controlled by
a.
The national government
c.
The local governments themselves
b.
The state governments
d.
There are no real local governments in the united states
 

 24. 

Which Supreme Court case established the principle that Federal Law supersedes state law?
a.
U.S. v. Locke, 2000
c.
U.S v Sate of New York
b.
Brown v Board of Education Topeka
d.
Marbury v Madison
 
 
The Supreme Law of the Land

As you have just seen, the division of powers in the American federal system produces a dual system of government, one in which two basic levels of government operate over the same territory and the same people at the same time. Such an arrangement is bound to result in conflicts between national law and State law.

The Supremacy Clause

The Framers anticipated these conflicts—and so they wrote the Supremacy Clause into the Constitution. That provision declares that

As you can see from the chart above, the Constitution and the laws and treaties of the United States are “the supreme Law of the Land.” This means that the Constitution stands above all other forms of law in the United States. Acts of Congress and treaties stand immediately beneath the Constitution.7

The Supremacy Clause has been called the “linchpin of the Constitution” because it joins the National Government and the States into a single governmental unit, a federal government. In other words, the Supremacy Clause holds together the complex structure that is the American federal system.
nar014-1.jpg
 

 25. 

What does the Supremacy Clause of the Constitution establish?
a.
The fact that the Constitution is the supreme law of the land and no state law or action can supersede it
c.
The Congress is supreme over the states
b.
The president of the United States is supreme over the states
d.
The states are supreme over the national government and the constitution
 

 26. 

What is the “linchpin” that holds our federal system together?
a.
The Congress of the United States
c.
The Supremacy Clause of the Constitution
b.
The Bill of Rights
d.
The executive actions of the President of the U.S.
 
 
The Supreme Court and Federalism

The Supreme Court is the umpire in the federal system. One of its chief duties is to apply the Supremacy Clause to the conflicts that the dual system of government inevitably produces.

The Court was first called to settle a clash between a national and a State law in 1819. The case,
McCulloch v. Maryland
, involved the controversial Second Bank of the United States. The bank had been chartered by Congress in 1816. In 1818, the Maryland legislature, hoping to cripple the bank, placed a tax on all notes issued by its Baltimore branch. James McCulloch, the branch cashier, refused to pay the tax, and the Maryland courts convicted him for that refusal.

The Supreme Court unanimously reversed the Maryland courts. Speaking for the Court, Chief Justice John Marshall based the decision squarely on the Constitution’s Supremacy Clause:
 

 27. 

Which famous Supreme Court case established the right of the Supreme Court to apply the Supremacy Clause to conflicts between the states and the national government?
a.
McCulloch v Maryland
c.
Locke v Johnson
b.
Marbury v Madison
d.
Gitlow v New York
 
 
Powers of the National Government

The National Government is a government of delegated powers. That is, it has only those powers delegated (granted) to it in the Constitution. There are three distinct types of delegated powers: expressed, implied, and inherent.

The Expressed Powers

The expressed powers are delegated to the National Government in so many words—spelled out, expressly, in the Constitution. These powers are also sometimes called the “enumerated powers.”
You can find most of the expressed powers in Article I, Section 8. There, in 18 clauses, the Constitution expressly gives 27 powers to Congress. They include the power to lay and collect taxes, to coin money, to regulate foreign and interstate commerce, to raise and maintain armed forces, to declare war, to fix standards of weights and measures, to grant patents and copyrights, and to do many other things.
Several other expressed powers are set out elsewhere in the Constitution. Article II, Section 2 gives several powers to the President. They include the power to act as commander in chief of the armed forces, to grant reprieves and pardons, to make treaties, and to appoint major federal officials. Article III grants “the judicial Power of the United States” to the Supreme Court and other courts in the federal judiciary. Finally, several expressed powers are found in various amendments to the Constitution; thus, the 16th Amendment gives Congress the power to levy an income tax.
 

 28. 

What are the three types of delegated powers (pick 3)
 a.
Inherent powers
 c.
expressed powers
 b.
Absolute powers
 d.
implied powers
 

 29. 

Expressed powers
 a.
Are specifically written out in the Constitution
 c.
Are not part of the Constitution
 b.
Suggested in the constitution
 d.
Are powers that were passed quickly by the Founding Fathers
 
 
Powers Denied to the States

Just as the Constitution denies many powers to the National Government, it also denies many powers to the States. Some of these powers are denied to the States in so many words.4 For example, no State can enter into any treaty, alliance, or confederation. Nor can a State print or coin money or deprive any person of life, liberty, or property without due process of law.

Some powers are denied to the States inherently—that is, by the existence of the federal system. Thus, no State (and no local government) can tax any of the agencies or functions of the National Government. Remember, too, each State has its own constitution. That document also denies many powers to the State
 

 30. 

No state may (pick 3)
 a.
Create its own constitution
 c.
Deny rights protected in the Bill of Rights
 b.
Have relations with a foreign government
 d.
Coin its own money
 



 
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