1. National and State Powers

2. National Powers
Constitution grants the national government delegated powers.
Three types of powers the national government has:
Expressed Powers
Implied Powers
Inherent Powers

3. Expressed Powers
Are directly expressed powers stated in the Constitution.
Other name for powers: Enumerated Powers
Example: the authority to levy and collect taxes, coin money, make war, raise an army and navy, and to regulate commerce among states.

4. Implied Powers
National government requires these to carry out the expressed powers defined in the Constitution.
Not specifically listed in Constitution.
Importance: Helped National Government strengthen and expand its authority to meet many problems the Founders couldn’t foresee.
Necessary and proper clause: Basis for Implied powers
Also known as the Elastic Clause

5. Inherent Powers
Powers that the National Government may exercise simply because it is a government.
Powers not spelled out in the Constitution.
Examples:
Control of immigration
Diplomatic relations

6. States Powers
Constitution reserves powers just for states called Reserved Powers
10th amendment grants states these powers.
States have rights to exercise any power not delegated to national government.
Ex: Public school system, establish local governments, require licenses for professions.

7. When States Exceed Powers
Constitution is supreme law of the land
Supremacy Clause
No state law or state constitution may conflict with any form of national law.
National and State officials and judges are bound by the Constitution.

8. National and State Powers
Concurrent Powers: Both the State and National Governments have them
Examples: Powers to tax, maintain courts and define crimes, appropriate private property for public use.
States may exercise any power not reserved by the Constitution but their actions must not conflict with any national laws.
Concurrent Powers: Each level of Government exercises these powers independently.

9. Denied Powers
Constitution specifically denies some powers to ALL LEVELS of government
National denied powers: can’t tax exports, can’t interfere with ability of states to carry out their responsibilities
States denied powers: Can’t make treaties/ alliances with foreign government, coin money, make any laws impairing the obligation of contracts, or grant titles of nobility
These powers are around to keep sovereignty of the people

10. Guarantees to the States
Constitution makes the National Government do three things for States.
Republican form of Government
Congress allows senators/ representatives from a state take their seats in Congress
Protection
National government must protect from invasion and domestic violence
Territorial Integrity
National government can’t use territory that is already apart of an existing state without permission from legislature

11. Process of Admission of New States
Congress has power to admit new states through the Enabling Act
Signed by the president, territory starts to prepare a constitution.
That Constitution must be approved by popular vote then it is sent to Congress.
If Congress agrees on constitution the act will than be passed.
Territory then becomes a State
Since original 13 states, 37 states have gone through this process with only a few being under different circumstance's.

12. Conditions for Admission
Congress or the president may impose certain conditions before admitting new state.
Supreme Court has ruled this is Constitutional only when state is being admitted.
Once Admitted to the Union every state is EQUAL

13. Judicial Branches Role
Settles any conflicts between National and State Governments.
National government is supreme ruler of this land
Supreme Court umpires for our federal system.
Example: McCulloch v. Maryland