Federalism Chapter 4

The Division of Power Federalism a system of government in which governmental powers are divided on a territorial basis Each level of government has its own powers. Implied in the 10th Amendment to the Constitution – “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Powers of the National Government The national government is a government of delegated powers The government may only do what the Constitution permits (product) The government may only do what it must in the ways the Constitution permits (process)

Powers of the National Government The national government’s powers may be classified into three categories Express Powers (“enumerated powers”) Clearly stated in the Constitution (mostly in Article I, Section 8) More than 30 distinct powers exist (i.e. coin money, collect taxes, etc.)

Powers of the National Government The national government’s powers may be classified into three categories Implied Powers Based on the “necessary and proper clause” - Article I, Section 8, Clause 18 Congress shall have the power to make all laws that will be “necessary and proper” to execute any of its express powers

Powers of the National Government The national government’s powers may be classified into three categories Inherent Powers The powers naturally exercised by all sovereign states Examples include acquiring more territory, controlling immigration, and deporting illegal aliens

Powers Denied to the National Government Expressly denied Congress may not tax exports (goods shipped to other countries) Congress may not violate certain rights (speech, religion, etc.) Impliedly denied The Constitution states that the government may only exercise the “delegated powers”

Powers Denied to the National Government Powers denied by the idea of federalism Historically, states had supreme control over certain issues (i.e. establishing local governments, educating children, deciding who can be married, etc.)

Powers of the States Reserved Powers Those neither expressly granted to the federal government nor expressly denied to the states States exercise significant powers over many issues (i.e. crime, education, marriage, developing land, etc.) Most of what the government does is done by the states The only state power expressed in the Constitution is the power to regulate the sale of alcohol (21st Amendment)

Powers Denied to the States States can not exercise many of the powers expressly granted to the federal government (i.e. make treaties, coin money, declare war, etc.) States can not tax the federal government State powers are also limited by state constitutions Since the Civil War, it has been established that states do not have the power to secede from the USA

Conflicts between National and State Governments Supremacy Clause Article VI, Section 2 of the Constitution establishes the Constitution as the supreme law of the land – no state law can challenge the Constitution Article VI, Section 2 elevates acts of Congress and treaties – no state law (including state constitutions) can violate a federal law or treaty The Supremacy Clause guarantees that we remain a united nation

Conflicts between National and State Governments The Supreme Court and Federalism The Supreme Court resolves conflicts between states and the federal government The Supreme Court reasserted the supremacy of the federal government for the first time in McCulloch v. Maryland, 17 US 316 (1819), when it ruled that Maryland could not tax (and thus destroy) a federal bank