The Federal System National & State Powers

●Federalism is the division of power between a central government and state governments ●The Constitution divided government authority by o Giving the national government specific powers- reserving all other powers to the states or to the people. o National and State governments share some powers o Denied some powers to each level of government National & State Powers

●Expressed Powers (enumerated) o Those powers directly expressed or stated in the Constitution ●Implied Powers o powers that the national government needs in order to carry out the expressed powers. o Help the government meet problems not thought of in the 18th century (i.e.powers to regulate nuclear power) National Powers ●Inherent Powers o Powers the national government may exercise because they are a government. o Not necessarily spelled out in the Constitution o i.e. Establish diplomatic relations with other countries

Article 1, Section 8 “Congress shall have power...to make all Laws which shall be necessary and proper for carrying into Execution the Foregoing powers, and all other powers vested...in the Government of the United States…” Necessary & Proper Clause

State Powers ●Reserved Powers o The Constitution also reserves certain powers strictly to the states o Not listed specifically but rather broadly o Reserved powers allow for states to have authority over issues that are not specifically found in the Constitution (i.e. public schools) “...not delegated to the United States by the Constitution, nor prohibited by it to the states.”

Supremacy Clause Article VI, Section 2 “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof, and all treaties made...under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby.”

Concurrent Powers ●There are areas where both the Federal government and the States share power ●Each level of government exercises these powers independent of the other levels i.e. power to tax

Denied Powers ●There are certain powers that are denied to all levels of government o Article I, Section 9 lists those powers the national government does not have (i.e. national government cannot tax exports). o Article I, Section 10 lists those powers that are denied to state government (i.e. states cannot create their own money).

Division of Powers Expressed and Implied Powers Reserved Powers Concurrent Powers