National & State Powers The Federal System National & State Powers

The Division of Powers: 3 Types of National Powers Expressed Powers aka Enumerated Powers: powers directly expressed or stated in the Constitution by the Founders Implied Powers: the powers required to carry out the powers that are expressly defined in the Constitution -Elastic or Necessary & Proper Clause Inherent Powers: powers the national government may exercise simply because it is a government

The States & The Nation Reserved Powers: powers the Constitution reserved strictly to the states “not delegated to the U.S. by the Constitution, nor prohibited by it to the states” What about conflict? Supremacy Clause: the Constitution makes acts and treaties of the U.S. supreme State governments, local governments, as well as state/local officials and judges are bound by the Constitution Concurrent Powers: Those powers that both the national government and the states have

Guarantees to the States Republican Form of Government: administration of affairs is open to all people Protection: national government must protect states from invasion and domestic violence (also includes natural disasters) Territorial Integrity: national government must respect the borders of each state

Admission of New States The process begins when Congress passes an enabling act President signs the act Enables the area to draft a Constitution A popular vote in the area for approval Constitution is submitted to Congress Congress passes an act admitted the area as a state **Congress (or the President) may impose conditions before admission

Courts Settle Conflicts McCulloch v. Maryland: the Supreme Court held that in the instance of a conflict between the national government and a state government, the national government is supreme