Federalism: The Division of Power

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Federalism The Division of Power
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How did the US Constitution create a federal
system of government?

• The Constitution organized government in a new
  way.
• It created a federal system of government.

The Constitution gives certain powers only to the
national government and certain powers only to
the states.
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Federal System

• There are also certain powers that federal and
  state government share powers.
• All other powers are kept by the people.

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What is a federal system of government?

• According to the natural rights philosophy, the
  people have a right to create a government.

Photo from iep.utm.edu
John Locke
What was the name of the philosopher whose
natural rights philosophy influenced the Founding
Fathers?
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We the People

• The Constitution begins with the words We the
  People.
• The people have created a government and have
  given it the authority to govern them.
• In return, government is responsible for
  protecting the peoples rights to...

• Life
• Liberty
• Property

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The Constitution creates limits and guidelines
for the government in order to protect the people
from an abuse of power.
Constitution
The constitution is a social contract between We
the People and the government.
The Constitution protects the rights of the
people from the government.
It all starts with the people
Government
The People
The People
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Sovereign

• The people remain sovereign at all times.
• What does sovereign mean?
• Sovereign means to have the highest rank of
  authority.
• The people have ultimate authority to control
  government.
• This is where the term popular sovereignty
  comes from.
• Can the people overthrow the government?

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So how is power divide between the federal and
state governments?

• There are different kinds of powers
• Expressed powers
• Powers that are listed
• Reserved powers
• Powers specifically given to either the federal
  or state government
• Concurrent powers
• Powers shared by the federal and state
  governments
• Implied powers

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Expressed Powers
Powers Granted

• Expressed
• Spelled out in the Constitution
• Article I, Section 8
• 18 clauses giving 27 powers
• Tax
• Coin money
• Regulate trade
• Declare war
• Grant patents

Powers of the Federal Government Article I,
Section 8
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What About Article I, Section 8, Clause 18?
This is what is known as the elastic clause or
implied powers.

• Implied
• Not written in Constitution, but reasonably
  suggested
• Article I, Section 8, Clause 18
• necessary and proper
• The Elastic Clause
• Build dams
• Highways roads
• Determine crimes

Article I, Section 8, Clause 18 To make all Laws
which shall be necessary and proper for carrying
into Execution the foregoing Powers, and all
other Powers vested by this Constitution in the
Government of the United States, or in any
Department or Officer thereof.
Question for Discussion Why might some people
have a problem with the elastic clause?
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Reserved Powers

• Reserved Powers
• 10th Amendment
• Not granted to Federal, but not denied to states.
• Legal marriage age
• Drinking age
• Professional license
• Confiscate property
• The power of the state to protect and promote
  public health, the public morals, the public
  safety, and the general welfare.

Powers of the State Governments Amendment X
(10)
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Concurrent Powers

• Concurrent Powers
• Collect taxes
• Define crimes
• Condemn or take private property for public use

Powers of the Federal Government Article I,
Section 8
Powers of the State Governments Amendment X
(10)

• Concurrent
• The national and state governments share these
  powers
• May be exercised separately and simultaneously
• Collect taxes
• Define crimes
• Condemn or take private property for public use

Powers are expressly given to the federal
government and reserved to the states.
Concurrent powers are where the national and
state government meet in the middle and share
power.
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Powers Denied
The Constitution! The United States Constitution
and State Constitutions provide for the
protection of the rights of the people.

• Denied State Governments
• Constitution denies certain powers to state,
  because they are NOT a federal government.
• Make treaties
• Print money
• Deny rights to citizens

• Denied Federal Government
• Expressly denied
• Infringe on rights (speech, press, etc.)
• Silence in Constitution
• Only has delegated powers
• Denied in Federal System
• Cannot tax states

• Denied Both
• Both state governments and national government
  have been denied the power to violate rights of
  citizens
• What protects the rights of the people from the
  government?

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So What Does It All Look Like?
Powers of the Federal Government Article I,
Section 8
Powers of the State Governments Amendment X
(10)

• Concurrent Powers
• Collect taxes
• Define crimes
• Condemn or take private property for public use

Powers Denied to the Federal Government
Powers Denied to the State Governments
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The Supremacy Clause(Article VI, Section 2)
The U.S. Constitution is the Supreme Law of the
Land.
If there is a conflict between a lower law and a
higher one, the higher one wins.
City and County Laws
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Florida Government
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Requirements for Governor Lt. Governor

• Qualifications
• 1. Elector no less than 30 years of age
• 2. Resident of the state for the preceding 7
  years.
• These are also the same requirements for other
  executive branch positions (Attorney General,
  Chief Financial Officer, Commissioner of
  Agriculture

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Executive Branch

• Governor
• Rick Scott (R)
• Lieutenant Governor
• Carlos Lopez-Cantera (R)

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Requirements State Senator and State
Representative

• Qualifications
• 1. Elector and resident of the district upon
  taking office.
• 2. Must be at least twenty-one years of age.
• 3. Must be a resident of the state for at least
  two years prior to election.

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Legislative Branch

• State Senator
• Alan Hays (R)
• State Representative
• Larry Metz (R)