Federalism

Federalism

• Federalism- system of government that divides the powers between central/national government and the state

• Division of Powers- meaning that there are certain powers that belong to the states and certain powers that belong to the central government

Federalism

The national gov’t is a gov’t of delegated powers

Delegated powers- only have those powers granted to it in the Constitution

• There are three types of delegated powers– Expressed– Implied– Inherent

Expressed Powers“enumerated powers”

• powers spelled out in the Constitution• Article 1, sec 8

– Coin money, regulate foreign trade and interstate commerce, declare war, and grant patents and copyrights

• Article 2, sec 2– powers to the president- commander in chief,

pardon, appoint federal judges

• Article 3 – gives powers to the judicial branch

Implied Powers • not expressly stated in the Constitution

but are reasonably suggested or implied by the expressed – This is found in the necessary and proper

clause or the elastic clause– Examples: prohibit racial discrimination in

restaurants, theaters, hotels- falls under power to regulate interstate commerce

– implied powers help the expressed powers

Inherent Powers

• belong to the national government because it is the government of a sovereign state within the world community (not expressly stated in the constitution)

• Power to regulate immigration

• Deport undocumented aliens

• Acquire territory

• These powers exist because the gov’t of the US exists

Reserved Powers

• powers to the states (10th amendment)– education– license requirements– regulate alcoholic beverages– conduct elections

Exclusive Powers

• powers that can only be exercised by the national government– coin money– declare war– regulate interstate and foreign trade– foreign relations

Concurrent Powers

• powers shared by the national and state governments– taxes– establish courts– define crimes

Supremacy Clause

• Article 6 declares the Constitution to be the Supreme Law of the Land–state laws cannot be in violation

of the Constitution

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