National and State Powers
The Division of Powers
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Federalism: system in
which the national
government shares power
with state/local
governments.
State governments have
the authority to make final
decisions over many
governmental actions.
The most persistent source
of political conflict is
between national and state
governments.
Lines of Power in Systems of Government
Copyright © 2011 Cengage
Lines of Power in Systems of Government
Lines of Power in Systems of Government
The Delegated Powers
• Expressed/Enumerated powers: directly stated in
the Constitution
– Levy taxes, coin money, declare war, raise an army and
navy, regulate interstate commerce.
• Implied powers: derived from the Necessary and
Proper (elastic) clause; powers required to carry
out the expressed powers.
– National Banking System, Military Draft, Health Care,
education, transportation
• Inherent powers: powers exercised simply
because it is a government.
– Immigration and citizenship, Diplomacy
The States and the Nation
• Reserved powers: (10th Amendment) belong strictly to the
states, any power not delegated to the national government,
reserved to the people, or denied them by the Constitution.
– Plenary Power?
• Complete power over a particular area (Federalist 45)
– Police Powers: Heath, morals, safety, welfare
– Establish local governments, law, licensure, education, taxes
• Concurrent powers: shared powers exercised independently.
– Legal code, tax, set up courts, eminent domain
• Denied Powers: forbidden to both national and state
governments.
– FED: tax exports, interfere with state responsibilities
– STATE: treaties/alliances, coining money, titles of nobility
– BOTH: take civil liberties (Habeas Corpus, ex post facto, Bill of Rights)
Obligations of the States
• Conduct and finance national elections*
• Ratify Amendments
• Respect National Supremacy**
Federalism: Good or Bad?