FEDERALISM I Division of Powers A Federalism shared

Federalism I. B. 1. a. (cont) 2. Lay and collect taxes 3. Coin $

Federalism I. B. 2. Implied Powers a. powers the nat’l gov’ needs to do

Federalism I. B. 2. d. Examples 1. If going to raise an army- then

I. B. 3. Inherent a. Powers the nat’l gov has b/c they are a

I. C. Powers of the States 1. Reserved powersa. Powers are not listed in

I. C. 1. Reserved c. States have power over loads of issues: 1. schools

I. C. 2. Supremacy Clause A. Article VI Section 2 1. no state law

I. C. 3. Concurrent Powers A. Powers exercised by nat’l and state- at same

I. C. 4. Denied Powers A. Article I Section 9 1. Nat’l gov can

II. Two Views of Federal Gov’ A. Nationalist View 1. Const’ is agreement btwn

II. Two Views of Federal Gov’ B. States Rights View 1. Const’ is agreement

Grants Categorical- formula Project grants Block Direct orders Cross cutting requirements Cross over sanctions

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FEDERALISM I. Division of Powers A. Federalism- shared ____ B. Powers of National Gov 1. Expressed/Enumerated/Delegated a. Specifically stated in the Const. 1. in the 1 st 3 Articles

Federalism I. B. 1. a. (cont) 2. Lay and collect taxes 3. Coin $ 4. Declare war 5. Raise an army Regulate commerce btwn states

Federalism I. B. 2. Implied Powers a. powers the nat’l gov’ needs to do the expressed powers b. NOT listed in Const’ c. Based on Article I section 8 the Elastic Clause

Federalism I. B. 2. d. Examples 1. If going to raise an army- then you can ______ 2. If you are going to collect taxes then you can ______

I. B. 3. Inherent a. Powers the nat’l gov has b/c they are a gov b. Examples 1. control immigration 2. diplomatic relations 3. eminent domain

I. C. Powers of the States 1. Reserved powersa. Powers are not listed in Const’- but from before revolution on- states WERE the main governments b. 10 th Amendment!!!- the powers not given to the nat’l gov or DENIED to the states ARE the states

I. C. 1. Reserved c. States have power over loads of issues: 1. schools 2. prof’ licenses 3. guns 4. drinking age 5. driving d. nat’l gov finds ways to force/coerce states to do what fed’s want. - _______

I. C. 2. Supremacy Clause A. Article VI Section 2 1. no state law can conflict w/ nat’l law 2. if they do- nat’l wins 3. swear oath to Const’

I. C. 3. Concurrent Powers A. Powers exercised by nat’l and state- at same time but not together B. Examples 1. tax 2. courts 3. defining crimes 4. etc

I. C. 4. Denied Powers A. Article I Section 9 1. Nat’l gov can NOT a. Tax exports b. Interfere with states internal operations 2. a. b. c. States can NOT Coin money Have foreign policy Grant nobility

II. Two Views of Federal Gov’ A. Nationalist View 1. Const’ is agreement btwn fed gov and people 2. Expand the delegated AND implied to fit the times (Elastic Clause) 3. Judges should interpret the Const to adapt with the times 4. Nat’l Const means for WHOLE country

II. Two Views of Federal Gov’ B. States Rights View 1. Const’ is agreement w/ states! (Who ratifies it and amendments? ) 2. Founders put limits on who- NAT’L Gov 3. States- closer to the people- know issues 4. Read the Const as written!! 5. Since times change- Const should not flex 6. If you want to change Const- amend it!

Grants Categorical- formula Project grants Block Direct orders Cross cutting requirements Cross over sanctions Mandates (funded vs unfunded) Preemption- total and partial

• FDR • Reagan • Clinton