a protection of liberty against tyranny. reserved powers delegated powers concurrent powers implied...

A protection of Liberty against Tyranny

RESERVEDPOWERS

DELEGATEDPOWERS

CONCURRENTPOWERS

ImpliedPowers

InherentPowers

Powers delegated to the Federal Government

Powers shared by both the Federal and State Governments

Powers reserved to the State Governments

DELEGATED (EXPRESSED, ENUMERATED): ACTUALLY LISTED IN THE CONSTITUTION (ESPECIALLY ARTICLE I, SECTION 8)

IMPLIED: NOT STATED, SUGGESTED IMPLICITLY. STEMS PRIMARILY FROM THE “NECESSARY AND PROPER CLAUSE.” (“Elastic Clause”)

INHERENT: NOT STATED, BUT GENERALLY HELD TO BE THE PEROGATIVE OF ANY SOVEREIGN GOV’T.

AMENDMENT 10

EXAMPLES: ESTABLISHING VOTING REQUIRMENTS, RUNNING ELECTIONS, LICENSING PROFESSIONALS, PROTECTING COMMUNITY HEALTH, ESTABLISHING A VEHICLE CODE

GRANTED TO CONGRESS, BUT NOT DENIED THE STATESHELD BY BOTH NAT’L AND STATE GOV’TS

EXAMPLES: TAXING, BORROWING, ESTABLISHING COURT SYSTEM, ESTABLISHING LAW ENFORCEMENT AGENCIES

NATIONAL GOV’T SUPREME IN CASE OF CONFLICT (SO LONG AS THE FEDERAL LAW IN QUESTION IS CONSTITUTIONAL).

QUESTIONS OF FEDERAL V. STATE AUTHORITY DECIDED BY COURTS

DUAL FEDERALISM

PREVALENT THROUGH 1937

STATE AND NAT’L GOV’TS EACH REMAIN SUPREME

POWERS AND POLICY ASSIGNMENTS OF THE LAYERS OF GOV’T DISTINCT, AS IN A LAYER CAKE. 

PREVALENT SINCE 1937

COOPERATIVE FEDERALISM

MINGLING OF RESPONSIBILITIES BETWEEN THE STATE AND NAT’L GOV’T

SHARING OF POLICY AND POWER ASSIGNMENTS AS IN A MARBLE CAKE