Federalism

Definition Federalism – The division of powers among the local, state and national governments.

Federal Powers Derived from the Constitution Delegated Powers – Powers the Constitution delegates to the national government through expressed, implied and inherent powers.

Expressed Powers Powers directly expressed or stated in the Constitution Found in Articles 1, 2, and 3 of the US Constitution

Implied Powers The powers the federal government needs in order to carry out its expressed powers. Example: The power to incorporate a military draft is not expressed in the Constitution, but is necessary to maintain a standing army which is an expressed power.

The Elastic Clause Article 1, Section 8, Clause 18 is the elastic clause or necessary and proper clause. This gives Congress the power to do all things necessary and proper to carry out its expressed powers. This is the basis for implied powers.

Inherent Powers The powers that the national government carries out simply because they are inherent or traditionally part of governmental duties. Example: Regulate immigration

State Powers Derived from the Constitution States obtain their power from the Tenth 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.” 10 th Amendment

The Supremacy Clause When states pass laws that conflict with the powers of the national government, national law is supreme. Article 6, Section 2.

Concurrent Powers Powers that the national government and the states both have. The power to tax, to maintain courts, etc…