Federalism

1. Powers of the
National and State
Government
GoPo

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

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