The Division of Power in the system of Federalism

Delegated Powers Delegated Powers are powers granted in the Constitution Delegated Powers are powers granted in the Constitution There are three types of delegated powers: There are three types of delegated powers: Expressed Expressed Implied Implied Inherent Inherent

Expressed Expressed Powers are delegated to the National Govt, spelled out expressly in the Constitution Expressed Powers are delegated to the National Govt, spelled out expressly in the Constitution They can be found in Art. I, Sect. 8; Art. II Sect. 2; Art. III They can be found in Art. I, Sect. 8; Art. II Sect. 2; Art. III Lets read some shall we! Get your books out….Now! Lets read some shall we! Get your books out….Now! We might want to take some notes too! We might want to take some notes too!

Implied Implied Powers are those that are not expressly stated in the Constitution, but are implied by those that are. Implied Powers are those that are not expressly stated in the Constitution, but are implied by those that are. An example of an Implied power is in Art. I, Sect. 8, Clause 18. An example of an Implied power is in Art. I, Sect. 8, Clause 18. Lets read again Lets read again

Inherent Inherent Powers are those that belong to the Federal Govt because it is the National Govt of a sovereign state in the world community Inherent Powers are those that belong to the Federal Govt because it is the National Govt of a sovereign state in the world community Or simply, inherent powers exist because the United States exists! Or simply, inherent powers exist because the United States exists! There are only a few inherent powers. There are only a few inherent powers. The chief ones include: The chief ones include: Regulate immigration Regulate immigration Deport aliens Deport aliens Acquire territory Acquire territory Recognize other nations Recognize other nations Protect the nation from rebellion and internal subversion Protect the nation from rebellion and internal subversion

Powers Denied to the Federal Govt There are three different ways the Constitution denies the Federal Govt power There are three different ways the Constitution denies the Federal Govt power 1 st : Expressed denials 1 st : Expressed denials Most of the expressed denials are in Art. I Sect. 9 and in the 1 st through the 8 th Amendments Most of the expressed denials are in Art. I Sect. 9 and in the 1 st through the 8 th Amendments Lets take a look Lets take a look 2 nd : The Silence of the Constitution 2 nd : The Silence of the Constitution The Fed Govt has only the powers the Constitution gives it. The Natl Govt cant: The Fed Govt has only the powers the Constitution gives it. The Natl Govt cant: Create a public school system for the nation Create a public school system for the nation Uniform marriage and divorce laws Uniform marriage and divorce laws 3 rd: The Constitution establishes a Federal system for the country 3 rd: The Constitution establishes a Federal system for the country The Govt cannot destroy the system itself The Govt cannot destroy the system itself

Reserved Powers Reserved Powers are the powers held by the States in the federal system. This is expressed in the 10th Amendment Lets read it. Do it now! Write some of the reserved powers down

Concurrent Powers Concurrent Powers are those that both the Natl Govt and the State share and can exercise separately and simultaneously. Examples: Power to create and collect taxes Define crimes and set punishments for them Condemn (take) private property for public use