2. Federalism
The Constitution provides for division of
powers between the national gov’t & the 50
states
This idea was implied in the Constitution &
then spelled out in the 10th
Amendment
Dual system
Each w/ own field of authority
Each operating over the same people & territory
3. Powers of the National
Government:
The Constitution gives three types of powers to
the federal government:
Delegated, Implied, & Inherent
Some powers are shared between the two
levels of government
Concurrent powers
Other powers are set aside for state
governments
Reserved powers
4. Delegated Powers:
#1) Expressed powers or enumerated powers
The powers specifically written in the Constitution are
delegated powers
Mostly in Article I, Section 8 (Congress); some in
Article II, Section 2 (President)
Examples of enumerated powers:
To collect taxes, coin money, declare war, raise &
support an army, maintain a navy
5. Delegated Powers
#2) Implied Powers
Those powers that are not specifically stated in
the Constitution, but that are implied by the
interpretation of the Elastic Clause
Elastic Clause: the clause in the Constitution that
allows Congress to pass laws as necessary and
proper to carry out its authorized powers
Article I, Section 8
6. The expressed
power to lay and
collect taxes
Implies the power to:
• Punish tax evaders
• Regulate (license) some commodities
(such as alcohol) and outlaw the use of
others (such as narcotics)
• Require States to meet certain conditions
to qualify for federal funding
The expressed
power to borrow
money
Implies the power to establish the Federal
Reserve Systems of banks
The expressed
power to create
naturalization law
Implies the power to regulate and limit
immigration
7. The expressed
power to raise
armies and a navy
Implies the power to draft Americans into
the military
The expressed
power to regulate
commerce
Implies the power to:
• Establish a minimum wage
• Ban discrimination in workplaces and
public facilities
• Pass laws protecting the disabled
• Regulate banking
The expressed
power to establish
post offices
Implies the power to:
• Prohibit mail fraud and obstruction of
the mails
• Bar the shipping of certain items
through the mail
8. Delegated Powers
#3) Inherent Powers:
The powers that grow out of necessity, usually in
foreign affairs
Powers that almost all national governments
have grown to possess
Examples:
Acquiring territory, diplomatic recognition, foreign
surveillance, detaining enemy combatants, even going
to war
9. Delegated Powers
#3) Inherent Powers
Derived from two lines:
“The executive Power shall be vested in a
President”
The President should “take care that the laws be
faithfully executed”
Loose/Liberal Construction vs. Strict
Construction
10. Powers of the State Governments:
Reserved Powers (States):
Powers that the Constitution sets aside for the state
governments.
Guaranteed by the 10th Amendment
Examples:
Conducting elections
Regulating trade within a state
Ratifying amendments to the Constitution
11. Other Powers
Concurrent Powers (Shared):
“At the same time”
The powers that both national and state
governments have
Examples:
Levying and collecting taxes
Enforcing laws
Borrowing money
12.
13. Other Powers
Prohibited Powers
aka restricted powers
The powers that are denied to the federal or
state government, or both
14. Prohibited Con’t.
In Article I Section 9, it specifically states that the
national government cannot tax exports, nor
interfere with the ability of the states to perform
their responsibilities.
States cannot:
Make treaties
Print money
Tax imports
Engage in war