Dividing Government Power

Dividing Government Power

by Katie Plampton, Lindsey Werner, and Karl Olsen

Nation and State Relations

The Nations and the Fifty States

The Constitution states that the national government must:

- "guarantee to every State in the Union a Republican form of government."

- protect the states

- treat states as equals

- retain the boundaries of the states

Relations between the States

Local Governments

Article IV requires that states give "full faith and credit," to the public acts, official records, and judicial proceedings of every other state.

Citizens of each state should receive all the "privileges and immunities" of any state in which they happen to be.

Creating local governments is a power reserved for the states. Each state outlines a plan for local government in a state constitution, and has the right to reorganize the government at any time to better address state needs.

Native American Sovereignty

The Limits of Power

Article I, Section 8 grants the nation government the power "to regulate Commerce... with the Indian Tribes." The government used this power to make treaties with Native American nations. However, it took until 1924 for the Native Americans to be granted full citizenship.

Limits on National Government

Limits on State Governments

• Article I Section 9 states that the government cannot deny a citizen the right to a trial by jury, grant titles of nobility, tax exports between states, or spend $ unless authorized to do so by Congress.
• National gov't also cannot pass laws threatening the federal system.
• Power of nat'l gov't is further limited by the Bill of Rights, which guarantees basic liberties like freedom of speech and press.

• To prevent conflict between the states and national government, Article I Section 10 of the Constitution denies specific powers to state governments.
• States aren't allowed to coin money or tax imports and exports from other states.
• States cannot have their own armies, separately engage in wars, or enter into treaties with other states and nations

Powers Denied to Both Levels

• Neither level can deny people of accused crimes the right to trial by jury or grant titles of nobility.
• Constitution also forbids both levels from passing ex facto ("after the fact") laws. This protects people from being convicted of an offense that wasn't a crime at the time the offense was committed.

States cannot do anything that will undermine national unity.

In addition to granting powers, the Constitution denies certain powers to national and state governments in order to prevent tyranny and protect liberty.

Shared Powers

State Powers

• Nat'l & State governments can also share powers.
• If Constitution doesn't specifically state that a power belongs exclusively to nat'l gov't, then states can exercise that power too.
• Concurrent Power: a power held by the national government and the state governments at the same time.
• Constitution is the law of the land & judges must obey, even if it contradicts state laws.

Reserved Powers: The powers that are not specifically granted to the federal government nor denied to the states that are reserved for the states.

Establish Local Governments

Issue Licenses (driver, hunting, marriage, etc.)

Conduct Elections

"The powers not delegated to the United States by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people." -U.S. Constitution, Tenth Amendment

National Powers

Expressed Powers: Powers granted exclusively to the National Government.

Example: Coining money

Why Federalism?

Implied Powers: Powers not specifically listed in the Constitution, but logical extensions of expressed powers.

Example: Creation of a National Bank

Article I, Section 8: [Congress has the power] 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.

Inherent Powers: Powers that historically have been given to nation governments.

Example: Acquiring Territory

• American federalism was invented in Philadelphia in 1787.
• Unitary rule- in which all power is held by a strong central authority- was out of the question (British monarchy).
• While forging a republic, framers relied heavily on writings of philosophers like Thomas Hobbes, John Locke, Adam Smith and Jean-Jacques Rousseau, who advocated self-rule and limited gov't.
• Also drew ideas from French philosopher Baron de Montesquieu, who believed dividing power defended freedom.

• Framers devised a plan that balanced authority between the nation and states (federal).
• All powers having to do with states' common interests (nat'l defense & control of currency) were assigned to nat'l gov't, all others to states.
• Framers deliberately avoided detailed provisions. General rules would give nation & states flexibility to meet needs of people.