Division of Power between the National Government and the States Federalism

Delegated Powers Those Powers given to the National Government granted to it in the Constitution Also known as “Exclusive Powers” Three Types……

Delegated Powers Expressed – Actually spelled out in the Constitution (enumerated) Article I Section 8 Powers to Congress Article II Section 2 Powers to President Powers also noted in various amendments (16 th amend)

Delegated Powers Implied – Not specifically said, but “implied” through expressed powers *Article I Section 8: The “necessary and proper” clause (also called elastic clause)

Delegated Powers Inherent – Powers that are naturally given to sovereign nations not already listed

Powers DENIED the Federal Government Denied through Constitutional silence; government only has power to do what the Constitution says

Expressed Denied? Suspension of Habeas Corpus (Held w/o reason) Lawmakers cannot pass Bills of Attainders (guilt w/o trial) No titles of nobility No Ex Post Facto Laws

State Power  10 th Amendment: The powers not delegated to the United States by the Constitution …..are reserved to the States respectively

State Power Reserved Powers: NOT granted to Federal government and not denied to the states All but one of states’ powers are from constitutional silence

Only “Expressed” state power: regulation of manufacture, sale and consumption of alcohol.

Powers DENIED the States Denied Expressively – word for word Denied Inherently – we have a federal system

Powers to BOTH? YES! CONCURRENT Powers Note……Cities exist because states allow them to

Judicial Branch’s Role Remember…..the Supremacy Clause (Article 6) Courts serve as umpire between the states and the Feds on Article 6

Let’s See How This Works! **Collect Taxes** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? Concurrent – Expressed!

Let’s See How This Works! **Build Interstate Highways** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? National – Implied!

**Regulate Immigration** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? National – Inherent!

**License Professionals** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? State –

**Make Treaties** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? National – Expressed

**Maintain Armed Forces** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? National – Expressed

**Declare War** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? National – Expressed

**Deport Aliens** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? National – Inherent

**Prohibit racial discrimination in restaurants** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? National – Implied

**Set Up Public Schools** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? State –

**Punish for Crimes Committed** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? Concurrent – Implied

**Coin (make) Money** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? National – Expressed

**Regulate Sale and Consumption of Alcohol** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? State – Only Expressed

**Regulate Interstate Commerce** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? National – Expressed

**Regulate Casino Gambling** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? State –

**Acquire Territory** *Expressed? (word for word) *Implied? (through other words) *Inherent? (because we’re sovereign) National, State or Concurrent? National –Inherent