Warm-Up 1. What is judicial review? 2. Do you think judicial review gives the judicial branch too much power? Why or why not?
Objectives Identify and explain the powers that are divided and shared amongst national and state governments. Describe the powers that are denied and reserved to either the national or state governments. AGENDA 1. Warm-Up 2. National & State Powers Notes 3. Federalism Activity 4. Powers Activity 5. Powers Chart 6. Closing Questions
National & State Powers
Division of Powers Constitution divided the powers of government Federalism power is divided and shared between the national and state governments National government is given specific powers listed in Article 1, Section 8 All powers not listed are reserved for the states under the 10 th Amendment Some powers are denied to each level government
National Powers Three Types of National Powers Delegated Powers granted to the national government by the Constitution Expressed Powers directly expressed (enumerated) in the Constitution Implied The authority that the national government requires to carry out their expressed powers
Implied Powers Not specifically listed These powers spring from and depend on the expressed powers listed in Article 1, Section 8 Example of Implied Power The power to draft people into the military is implied by the power given to the national government to raise an army and navy Basis for implied powers is the necessary and proper clause
State Powers Reserved Powers All powers not specifically given to the national governments are reserved to the states (10 th Amendment) Examples: Education, elections, intrastate commerce
Supremacy Clause Used when states exceed their reserved powers and pass laws that conflict with national laws Clause is in Article IV, Section 2 In a conflict between nation and state, the nation is supreme
Concurrent Powers Powers that both the national and state governments share Each level exercises these shared powers independently Example: Power to tax, maintain courts, appropriate money for public use
Denied Powers Article 1, Section 9 Examples: cannot tax exports, cannot interfere with the ability of states to carry out their responsibilities Article I enumerates the things that states cannot do Examples: make treaties with foreign governments, coin money, must have congressional approval to make agreements with other states
Guarantees to States Constitution obligates the national government do three things for the states: 1. Guarantee each state a republican form of government Example: Allowing each state to have representatives 2. Protection from invasion and domestic violence Example: An attack on a foreign power is an attack on the entire United States; president can send federal troops to states to maintain order 3. Respect the Territorial Integrity of States Example: National government cannot use part of an existing state to create a new state without the consent of the state involved
Interstate Relations Article IV describes the relationships between states States must: 1. Give full faith & credit to the laws, records, and court decisions of other states Examples: Marriage licenses, birth certificates, drivers licenses 2. Give each other s citizens all the privileges and immunities of their own citizens Examples: States cannot discriminate against members of other states; may treat out-of-state residents differently it is reasonable i.e. college tuition 3. Extradite (return to a state) criminals and fugitives who flee across state lines to escape justice Examples: Governors of states are responsible for returning to fugitives to their home state
Interstate Compacts These are written agreements between two or more states Congress must approve all interstate compacts Once the compact has been signed and approved by Congress, its terms are enforceable by the Supreme Court Uses for interstate compacts: Deal with air and water pollution Pest control Toll bridges Transportation Example: Port Authority of New York is an interstate compact between New York and New Jersey to develop and maintain harbor facilities
Closing Questions Underneath today s warm-up, answer the following questions: 1. What are delegated powers? 2. What are reserved powers? 3. Why do you think the Founders decided to have powers that were divided and powers that were shared? Explain your answer.