FEDERALISMCHAPTER 4

I. Federalism

Dual system of government

Each level with its own sphere

of power.

Each level acting alone can not

alter the basic division of power

A.Strength

Permits local action in matters

of local concern

Permits Nat'l action in matters

of Nat'l concern

EX: gambling in some states but

not in others.

B. Powers

The division of power is explicitly

stated in the 10th Amendment

1. Delegated powers

powers granted by the

Constitution.

a. Expressed powers

delegated in words, literally

written in the Constitution.

Article I Section 8 – Powers

of Congress. 27 powers in

18 clauses.

Article II Section 2 – powers

of the President

Article III Section 3 – powers

of the Supreme Court

Ex: collecting tax, coin money regulating trade, declaring war

b. Implied Powers

powers not specifically stated but reasonably implied from those that are.

Necessary and Proper– The Elastic Clause.

Article I Section 8, Clause 18

Means convenient and expedient

Ex: Interstate commerce

An expressed power to regulate

interstate trade.

Used to: Regulate labor, build dams, set punishment for crimes,

And prohibit racial discrimination in restaurants, theaters, and hotels

McCulloch v. Maryland

Maryland challenged the right of

Congress to create the Bank of the U.S.

Supreme Court upheld the establishment of the bank as necessary and proper to execute the power to tax, borrow, and coin money

c. Inherent powers

powers that belong to the Nat’l government because it is the Nat’l government.

EX: regulate immigration

deportation of aliens

acquire territory

diplomatic recognition

2. Reserved powers

10th Amendment

All powers not granted to the Nat’l government nor denied to the States are reserved to the States or to the people.

EX: restrictions on handguns

charters for businesses

establishing public schools

3. Exclusive powers

powers that may be exercised by the Nat’l government only

EX: coin money

make treaties

tax imports

4. Concurrent powers

powers which belong to both the Nat’l and State governments

EX: collect taxes

define crimes

provide of punishment for crimes

C. Powers denied to the Nat’l government

1. Three ways power is denied

a. Constitution

Article 1 Section 9

EX: No taxes on exports

No bill of attainder

No ex-post-facto law

No title of Nobility

Bill of Rights – the first 10 Amendments

b. Constitution’s silence concerning them

Public schools

Uniform marriage or divorce laws

Establishment of local units or government

c. Nature of Federalism

things that threaten the existence of the system

EX: cannot tax any State in the performance of it’s governmental functions

**** May tax non-governmental functions – liquor stores, bus systems, or farmers markets

D. Powers denied to the States

Article 1 Section 10

EX: No State may enter into a

treaty, No State may coin money,

No State may tax imports or

exports.

14th Amendment