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1.
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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
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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.
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2.
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Who were the
framers?
a. | Carpenters during the clolonial
period | c. | The committee who wrote the
Declaration of Independence | b. | The people who wrote the Constitution of the United
States | d. | None of
these |
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3.
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The National Government has only those
powers
a. | given to it by congressional court
decisions | c. | given to it by
Supreme Court legislation | b. | outlined in the Declaration of Independence | d. | delegated to it by the Constitution |
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4.
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Concurrent powers
are
a. | Exercised by the national government
and the states | c. | Exercised by the
national government | b. | Exercised by Congress | d. | Exercised by the state governments |
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5.
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Local governments, like cities,
exist only within
a. | The United
States
| c. | Within the states
that they are a part of American territories such as Guam and Puerto
Rico | b. | The unincorporated territories of the states | d. | Within the states that they are a part of |
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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.
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6.
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Most of the
Framers
a. | Had little concern for state
power | c. | Wanted a national government with
absolute power | b. | Were afraid of an all powerful national government | d. | Had little or no fear of a national
government |
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7.
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What were the two main
objectives of the Framers of the Constitution (pick 2)
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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.
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8.
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The states
a. | Must allow private enterprise to
operate on all issues | c. | Have different
laws on a variety of issues | b. | Have the different laws for social issues but the same laws for
taxes | d. | Have pretty much the same
laws |
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9.
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Federalism is beneficial
to
a. | Some religions and not
others | c. | Both the state and national
governments | b. | The national government only | d. | The states only |
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10.
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Which statements are true about
federalism (pick 3)
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11.
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What are the major strengths of
federalism? (pick 2)
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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.
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12.
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Implied powers are
a. | Not part of the
Constitution | c. | Part of the state
constitutions but not part of the national constitution | b. | specifically written into the
Constitution | d. | Suggested in the
Constitution |
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13.
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The Constitution says that
Congress
a. | Can only do those things that are
expressly written into the Constitution | c. | Can do what it needs to do to carry out its responsibilities under the
Constitution | b. | Can do anything it wants regardless of the
Constitution | d. | Has no powers written into the
Constitution |
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14.
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What is another name for the
part of the Constitution that creates implied powers? (pick 2)
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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.
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15.
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Inherent
powers
a. | Are only held by the state
governments | c. | Are not suggested
in the Constitution | b. | Sometimes hinder the power of the national government
Are a natural part of
all national governments | d. | Are a natural part of all national
governments |
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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
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16.
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Powers denied to the National
Government are
a. | The power to regulate interstate
trade or commerce | c. | The power to
declare war | b. | The power to propose changes to the Constitution | d. | Basically the powers denied by the Bill of
rights |
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 | President 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.” | | |
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17.
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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. | Only the national government can change the
constitution | d. | The U.S. government does not hold
absolute power over the states |
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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
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18.
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Why would a power be denied to
the national government because the power is not mentioned (silent) in the
Constitution?
a. | The national government is
powerless | c. | The states are
powerless | b. | Only the states have delegated powers | d. | The national government only has those powers delegated to it in the
Constitution |
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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.
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19.
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What does the
10th Amendment say about
state and national power?
a. | Everyone has the right to own a
gun | c. | The bill of rights are the powers
granted to the people by the constitution | b. | The states only have those powers delegated to it by the
constitution | d. | The national government only has
those powers delegated to it by the constitution |
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20.
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Most of what the government
does today is done by
a. | The
Congress | c. | The
states | b. | The national government | d. | The United Nations |
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21.
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What is the only expressed
power given to the states by the Constitution?
a. | The power to regulate interstate
commerce | c. | The power to
declare war | b. | The power to regulate alcohol | d. | The power to regulate firearms |
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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.
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22.
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What are concurrent
powers?
a. | The power to create concurrent
money | c. | Powers held by both the state and
national governments | b. | Powers held alone by the states | d. | Powers held alone by the national
government |
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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.
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23.
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Local governments are created
by and controlled by
a. | There are no real local governments
in the united states | c. | The national
government | b. | The state governments | d. | The local governments themselves |
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24.
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Which Supreme Court case
established the principle that Federal Law supersedes state law?
a. | U.S. v. Locke,
2000 | c. | Brown v Board of Education
Topeka | b. | U.S v Sate of New York | d. | Marbury v Madison |
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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.
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25.
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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 states are supreme over the national government and the
constitution | d. | The president of the United States
is supreme over the states |
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26.
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What is the
“linchpin” that holds our federal system together?
a. | The executive actions of the
President of the U.S. | c. | The Supremacy
Clause of the Constitution | b. | The Congress of the United States | d. | The Bill of Rights |
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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:
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27.
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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. | Marbury v
Madison | c. | Gitlow v New
York | b. | McCulloch v Maryland | d. | Locke v Johnson |
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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.
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28.
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What are the three types of
delegated powers (pick 3)
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29.
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Expressed
powers
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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
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30.
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No state may (pick 3)
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