1. National & State Powers
The Federal System
National & State Powers

2. The Division of Powers: 3 Types of National Powers
Expressed Powers aka Enumerated Powers: powers directly expressed or stated in the Constitution by the Founders
Implied Powers: the powers required to carry out the powers that are expressly defined in the Constitution
-Elastic or Necessary & Proper Clause
Inherent Powers: powers the national government may exercise simply because it is a government

3. The States & The Nation
Reserved Powers: powers the Constitution reserved strictly to the states
“not delegated to the U.S. by the Constitution, nor prohibited by it to the states”
What about conflict?
Supremacy Clause: the Constitution makes acts and treaties of the U.S. supreme
State governments, local governments, as well as state/local officials and judges are bound by the Constitution
Concurrent Powers: Those powers that both the national government and the states have

4. Guarantees to the States
Republican Form of Government: administration of affairs is open to all people
Protection: national government must protect states from invasion and domestic violence (also includes natural disasters)
Territorial Integrity: national government must respect the borders of each state

5. Admission of New States
The process begins when Congress passes an enabling act
President signs the act
Enables the area to draft a Constitution
A popular vote in the area for approval
Constitution is submitted to Congress
Congress passes an act admitted the area as a state
**Congress (or the President) may impose conditions before admission

6. Courts Settle Conflicts
McCulloch v. Maryland: the Supreme Court held that in the instance of a conflict between the national government and a state government, the national government is supreme