The constitution divides power between a central government and several state governments

 Powers of the National Government  Expressed (Enumerated)  Implied  Powers Denied  Powers of the States  Reserved  Powers Denied  Concurrent Powers

 Expressed (Enumerated) Powers  Expressly stated, spelled out, in Constitution  Article 1, Section 8  27 Powers  Others found in Articles 2, 3, and several amendments  Examples:  Lay and collect taxes  Coin money  Regulate foreign and interstate commerce  Raise and maintain armed forces

 Implied Powers  Not directly stated, but reasonably suggested  Basis for implied powers – Article 1, Section 8, Clause 18  “necessary and proper” clause (elastic clause)  Examples:  Expressed Power - Constitution expressly authorizes the Congress to “coin money” and “regulate the value thereof”  Implied Power – Formation of national bank “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

 Most are found in Article 1, Section 9 and Amendments  Congress may not suspend habeas corpus (illegally detain persons)  Unless in Cases of Rebellion or Invasion  No tax or duty on state exports  No preference shall be given to ports of one state over another  Federal money can only be spent when authorized by an act of Congress

 Powers not granted to the National Government, and not denied the states, are reserved to the states  Examples:  Marriage  Divorce  Driving licenses  State taxes

 Found in Article 1, Section 10 & some amendments (13, 14, 15, 19, 24, & 26)  State cannot  Enter into treaty, alliance, or confederation  Coin money  Deprive person of life, liberty, or property without due process of the law

 Powers that both the National Government and the States possess and exercise  Examples:  Levy and collect taxes  Borrow money  Establish courts  Define crimes and punishments  Claim private property for public use

 Dual system of government  Two levels of government operate over same territory and the same people, at the same time  Article VI  Supremacy of federal law over any and all forms of state law  Identifies Constitution as “supreme Law of the Land”