While separation of powers refers to the distribution of powers between different BRANCHES of government, federalism refers to the distribution of powers among different LEVELS of government (national, state, and local).
Because of federalism, we have a legislative, executive, and judicial branch in our government.
What are the three levels of government in the U.S.?
Read the following scenarios and decide whom you would need to contact to help solve each problem. First, determine if the problem falls under federal, state or local jurisdiction. Then, choose one or more of the choices listed under each of the three levels of government that might apply.
National (aka Federal):
Internal Revenue Service (IRS)
Post Office
Social Security Administration
State:
Division of Motor Vehicles
Environmental Protection Agency
State Police
Local:
Commissioner of Voter Registration
Department of Human Services
Police Department
Tax Assessor
Board of Education
1.You have just moved into a new house and you need to get your mail forwarded to your new address
2.Your sister has just reached the driving age and wants to apply for her license
3.You have just obtained your first job and you need a social security number
4.Your parents want to add a room onto your house, but want to be sure your taxes won’t increase too much
5.A friend of yours has been having some family problems and wants some help
6.Everyday night the band next door practices and it is very hard to concentrate and do your homework
7.The mother of the kid next door just received a ticket because he son was riding his bike without a helmet
8.Your brand new skateboard is stolen
9.Your brother just turned eighteen and wants to register to vote
10. Your mother wants to know if she can deduct the cost of donations to charity from her income tax
11.Your parents and friends do not agree with your district’s new high school diploma system
Respond to scenarios #1-11 here by listing which government agency you would turn to in each of these scenarios.
The Constitution spells out the specific powers of the national government, which includes things such as "to collect taxes," "to maintain an army and navy," and "to establish and run a post office."
The Constitution is much less clear on the powers of the states. The 10th Amendment (the final amendment in the Bill of Rights) basically states that any power that is not directly given to the national government by the Constitution automatically belongs to the states.
Because the vast majority of issues we face today were not outlined in the Constitution, many people believe that each state gets to decide its own policies on many issues. Some examples of this may include: drug policy, marriage policy, driving laws, etc...
The problem is that the U.S. Constitution also includes the "Elastic Clause," which essentially allows the national government to expand on its given powers if it is both necessary and proper. So if the national government can claim that some new issue is related to something already written in the Constitution then it might have the right to control that issue.
How do we know which specific powers belong to the national government?
The 10th Amendment was the first amendment added after the Bill of Rights.
The 10th Amendment gives power to _____________.
There are certain powers that the Constitution specifically gives to the national government, which means that the states do not have those powers.
Most of the issues we face today are included in the Constitution.
Why do many people believe that individual states should have the right to decide many of their own policies today?
Which of the following is NOT a policy that can be decided on by one state alone?
Why does the Elastic Clause confuse things when it comes to government power?