1. How is power distributed in our government?
Federalism
How is power distributed in our government?

2. Federalism defined
a system of government in which power is divided between a central government and smaller political units, such as states

3. Powers of the federal government
Enumerated, Delegated, or Expressed Powers
Assigned to national government
Listed in Article 1, Section 8
Examples include:
Conducting wars
Negotiating treaties
Coining money
Operating post offices

4. Powers of the state governments
Reserved powers
Given to state government
Referenced in the 10th amendment:
“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.”
The 10th Amendment was included in the Bill of Rights to further define the balance of power between the federal government and the states.
Examples include:
Providing for the education of the people
Conducting elections

5. Powers shared by the federal government and the states
Concurrent powers
Shared among various levels of government
Examples include:
Taxes
Providing for the health and welfare of the people

6. Other Powers of the federal government
Implied powers – powers of the federal government that are not directly stated but are possible due to the “necessary and proper clause” (also called the “elastic clause” because it allows Congress to stretch its lawmaking powers)
Article 1, Section 8, Clause 18:
“The 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 by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
Example:
The Constitution (in Article 1, Section 8) enumerates the power of Congress to collect taxes and borrow money on the credit of the U.S.
It does not however make any reference to establishing a national bank.
The “necessary and proper clause” allows Congress to establish a national bank because it is necessary to do so to carry out the expressed powers of collecting taxes and borrowing money
This understanding of implied powers was cemented in the case McCulloch v. Maryland (1819)

7. What happens if decisions made by the federal government and the states are in conflict?
“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be 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, anything in the Constitution or laws of any State to the contrary notwithstanding.” Article VI, Section 2
The “supremacy clause”
The laws of the national government and the U.S. Constitution are superior to the state laws and state constitutions
Federal courts will decide all cases where conflicts occur

8. What are some examples of conflicts between the power of the states and the federal government?
In the past 20 years or so, the federal government has taken an increasingly powerful role in educational policy with the No Child Left Behind Act and the Every Student Succeeds Act.
The Affordable Care Act (Obamacare) has been targeted as being an unfunded mandate from the federal government and a burden on states to implement.
Establishing rules about marriage has traditionally been a power of the state governments, however the debate over same-sex marriage has been controlled by federal court decisions.
States that are legalizing marijuana for recreational and medical use face sanctions from the federal government. Additionally, businesses that deal in the “legal weed” industry are restricted from placing their money in banks due to federal regulations about money earned in relation to drugs.