Ch. 4 - Federalism

Federalism is a system of gov’t in which a written constitution divides the powers between a central or national gov’t and state or regional gov’ts (division of powers) Strength – Allows local action in areas of local concern and national action in areas of broader concern.

Powers of the National Gov’t are called Delegated Powers The national gov’t only has those powers delegated to it by the Constitution. There are three types of delegated power Expressed Powers Implied Powers Inherent Powers

Expressed Powers Spelled out specifically in the Constitution Powers of Congress (Article 1, section 8) Collect taxes, coin money, regulate commerce (business), maintain armed forces, declare war, etc., Powers of the President (Article 2, section 2) Commander in chief, grant pardons, make treaties, appoint officials, etc.

Implied Powers Reasonably suggested or “implied” by the constitution Necessary and proper clause (Elastic Clause) Article 1, section 8, clause 18 gives Congress the power to make any laws “necessary and proper” to run the country Has been interpreted as “convenient and useful”

Inherent Powers These powers belong to the national government because it is the government of a sovereign state in the world Examples: regulate immigration, recognize other nations

Powers Denied to the National Government: Expressly denied (written in Constitution) – prohibit freedom of religion, speech, tax exports, etc Not mentioned in Constitution – create public schools, enact marriage / divorce laws (therefore these are left to the states) Denied due to the federal system – the national government can not use powers to destroy state functions (ex: tax)

Reserved Powers – Powers kept for the States 10th amendment declares that those powers that the Constitution does not grant to the national gov’t NOR deny to the states, thus belong to the states. Ex: can’t get married if under 18, can’t purchase alcohol under 21, etc (can influence though, ex: highway funding) Includes most police powers to protect and promote public safety and welfare. Full faith and credit clause – states must honor each other’s laws Extradition – you can’t flee to another state to escape criminal prosecution

Powers Denied to the States EXPLICITLY DENIED – It is written in the constitution – States can not make treaties, coin money, deny due process of law, can’t tax the federal gov’t, etc.

Exclusive Powers Concurrent Powers Can not be shared by state and national governments Shared by both the state an national governments ex: tax, punish crimes, eminent domain (taking of private property for public use)

Supremacy Clause The Constitution and laws and treaties of the US National Government are the “supreme law of the land”. The Constitution is #1, laws and treaties #2. States can not make laws that violate national laws or the Constitution. Supreme Court acts as the “umpire” in the system of federalism. The Supreme Court makes the decision when there is a conflict.