1. Federalism

2. Federalism is a system of government in which a written constitution divides powers of government on a territorial basis between a national government and several regional governments
United States Government = national government
50 State governments = regional governments
So, Nevada’s government is a regional government
What is federalism?

3. In our country, there is a division of powers between the national or federal government and the 50 state governments.
There are different terms for different types of powers. You need to know these, so pay attention!
Division of Powers

4. Delegated Powers = powers delegated (granted) to the United States government in the Constitution
There are three types of delegated powers
Expressed Powers:
Powers that are spelled out, expressly, in the US Constitution
Also called enumerated powers!
Implied Powers:
Not expressly stated in the Constitution, but are reasonably suggested or implied by the expressed powers
Inherent Powers:
Powers that any sovereign state would have in the world community
Delegated Powers
Example: The power to coin money
Example: Using the Necessary and Proper Clause to create an Air Force
(Article I Section 8)
Example: The power to grant diplomatic recognition

5. Powers Denied to the National Government
Some powers are actually denied to the National Government
Powers are denied to the national government expressly in the Constitution
Powers can be denied to the national government because of the “silence” of the Constitution
(Meaning that nothing is said about a certain power!)
Example: National Gov’t cannot lay taxes on exports
Example: Constitution does not say anything about marriage and divorce laws
Powers Denied to the National Government

6. Powers of the States Some powers are reserved for the states!
Reserved Powers = powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the states.
Example: States can regulate licensing for professionals, create laws regarding the use or sale of alcohol, set age limits for marriage and driving, etc.
Powers of the States

7. Powers Denied to the States
Some powers are denied to the states: these denied powers can fall into one of two categories
The Constitution denies states certain powers!
Some powers are denied to the states inherently – that is, by the existence of a federal system!
Example: States cannot enter into any treaty, no state can print or coin money
Example: States cannot tax agencies of the federal government!
Powers Denied to the States

8. There are powers that are shared by the national and state governments!
Concurrent Powers = powers that both the national and state governments possess and exercise
Example: The power to lay and collect taxes and the power to define crimes and punish criminals
Shared Powers

9. Article VI, Section 2 covers the Supremacy Clause
The Supremacy Clause – Makes the Constitution, federal laws and treaties the “Supreme Law of the Land”
This means that there is a hierarchy system that we follow when laws conflict that look like this:
Constitution
Federal Laws and Treaties
State Laws
Article VI, Section 2 covers the Supremacy Clause
Notice: The Constitution is above everything making it the final authority on any issue. It is followed by federal laws and treaties and then state laws fall last.
If both the state and national government can create laws, what happens when they conflict?