Federalism in the United States

The Framers sought to create a central government strong enough to meet the nation’s needs and still preserve the strength of the States. Federalism is a system of government where power is shared between the national and local (state) governments. (Local governments exist only as parts of their parent State.) This requires that power be divided between the different levels of government. The Constitution spells out what level of government gets what kind of power.

1.THE CONSTITUTION IS THE HIGHEST FORM OF LAW IN THE UNITED STATES

2. FEDERAL LAW

3. STATE CONSTITUTIONS

4. STATE LAWS

5. LOCAL LAWS

1. DELEGATED POWERS – Powers specifically granted to the federal Expressed (the Constitution specifically says it)— ( ) Implied (the Constitution hints at it)—(I.8.18) Inherent—the powers that belong to the gov’t because it is a national government. (not stated in the constitution, but necessary for a sovereign state to exist—border security, acquire territory, etc.). Exclusive—Powers held by the national government alone (the states cannot infringe on this power). (can be expressed, implied, or inherent)

2. CONCURRENT POWERS– Powers held by the state and federal government at the same time.

3. RESERVED POWERS – Powers that are only held by the state governments and are denied to the federal government.

4. DENIED POWERS– Powers denied to the state and federal governments.