For American Federalism Constitutional Basis For American Federalism

Term federal system not in the United States Constitution No systematic division of governmental authority Constitution sets out different types of powers: Powers of the national government Powers of the states Prohibited powers Federal System

Powers of the National Government Enumerated or expressed powers found in Article I, Section 8 of Constitution Coining money, naturalization laws, admitting new states, declare war… Implied powers based on the Necessary and Proper Clause Power to do whatever necessary to carry out expressed powers Powers of the National Government

Necessary and Proper Article I, Section 8 – “..to make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers,…” Sometimes called the elastic clause First defined in McCulloch v. Maryland used to strengthen the scope of Federal authority to meet the problems facing the nation. Necessary and Proper

Powers derived from the fact that the U. S Powers derived from the fact that the U.S. is a sovereign power among nations A nation-state has the right to ensure its own survival To act on its own interest among nations To acquire land Seen as a third type of power outside the Constitution. All nations possess these powers Inherent Powers

Tenth Amendment – “ powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people” Interpretation over time has significantly altered the meaning of this amendment. National government has expanded the scope of its power on a grand scale. Powers of the States

The authority to legislate for the protection of the health, morals, safety, and welfare of the people Most police power is reserved to the states. Police Powers

The Constitution specifically denies some powers to the National and State governments! National government can’t tax exports. Any power not granted expressly or implicitly to the federal government by the USC is prohibited to it. States are denied any power granted to the National government Prohibited Powers

Concurrent Powers Powers that are shared by both levels of government Examples: Power to tax Make and enforce laws Establish courts Police powers Concurrent Powers

Article VI Clause 2 states that actions by the national government are supreme. Any conflict will be resolved in favor of national government through the court system. McCulloch v. Maryland case All elected officials take an oath to uphold the United States Constitution. The Supremacy Clause

Vertical Checks and Balances Federalism is seen as an additional way of preventing government from growing too strong. Reserved powers are a check on national government power National Government can’t change USC without States permission National programs administered by the states Federal government use of Commerce clause Federal mandates used to influence state policies Vertical Checks and Balances

Article IV attempts to resolve potential problems between states: Full faith and credit clause – States must honor actions of other states Privileges and immunities clause – Citizen of another state treated the same Extradition- Accused criminals returned to state Interstate compacts – must be approved by Congress Interstate Relations

Describe how the various provisions of the U. S Describe how the various provisions of the U.S. Constitution provide a framework for federalism. Explain the types of powers in the Federal system and cite where these powers come from in the USC. Summary Questions