FederalismThe Division of Power

Federalism

• System of government in which a written constitution divides the powers of government•Division of powers – between the two

levels: the National Government and the States

National government powers

•Delegated powers- powers specifically (delegated) by the Constitution to the national government• Exclusive powers – powers that

belong only to the National Government

Delegated powers: three kinds

• Expressed powers – those listed in the Constitution• Implied powers – not listed but are

suggested• Inherent – those that the National

Governments have historically possessed, such as the regulation of immigration

Concurrent powers

•Powers delegated to the National Government and shared with the State government

Reserved powers

•Powers of the States (i.e., reserved for the States)•Powers not already given to the

National Government and not listed as powers the States may not have• Example – the States may decide how

old people my get drivers’ licenses

Overlapping powers

• Supreme Court plays a key role in resolving disputes of overlapping powers•Constitution’s Supremacy Clause – the

argument that states the Constitution is the “supreme Law of the land”