National and State
Powers
National Powers
 Constitution grants the national government delegated
powers.
 Three types of powers the national government has:
 Expressed Powers
 Implied Powers
 Inherent Powers
Expressed Powers
 Are directly expressed powers stated in
the Constitution.
 Other name for powers: Enumerated
Powers
 Example: the authority to levy and
collect taxes, coin money, make war,
raise an army and navy, and to
regulate commerce among states.
Implied Powers
 National government requires these to carry out the
expressed powers defined in the Constitution.
 Not specifically listed in Constitution.
 Importance: Helped National Government strengthen
and expand its authority to meet many problems the
Founders couldn’t foresee.
 Necessary and proper clause: Basis for Implied powers
 Also known as the Elastic Clause
Inherent Powers
 Powers that the National Government may exercise simply because
it is a government.
 Powers not spelled out in the Constitution.
 Examples:


Control of immigration
Diplomatic relations
States Powers
 Constitution reserves powers
just for states called Reserved
Powers
 10th amendment grants states
these powers.
 States have rights to exercise
any power not delegated to
national government.
 Ex: Public school system,
establish local governments,
require licenses for
professions.
When States Exceed Powers
 Constitution is supreme law of the
land
 Supremacy Clause
 No state law or state constitution
may conflict with any form of
national law.
 National and State officials and
judges are bound by the
Constitution.
National and State Powers
 Concurrent Powers: Both the State
and National Governments have
them
 Examples: Powers to tax, maintain
courts and define crimes, appropriate
private property for public use.
 States may exercise any power not
reserved by the Constitution but their
actions must not conflict with any
national laws.
Denied Powers
 Constitution specifically denies some powers to ALL
LEVELS of government
 National denied powers: can’t tax exports, can’t interfere with
ability of states to carry out their responsibilities
 States denied powers: Can’t make treaties/ alliances with
foreign government, coin money, make any laws impairing
the obligation of contracts, or grant titles of nobility
 These powers are around to keep sovereignty of the people
Guarantees to the States
 Constitution makes the National Government do
three things for States.
1.
Republican form of Government

2.
Protection

3.
Congress allows senators/ representatives from a
state take their seats in Congress
National government must protect from invasion
and domestic violence
Territorial Integrity

National government can’t use territory that is
already apart of an existing state without
permission from legislature
Process of Admission of New
States
 Congress has power to admit new states through the
Enabling Act
1. Signed by the president, territory starts to prepare a
constitution.
2. That Constitution must be approved by popular vote then
it is sent to Congress.
3. If Congress agrees on constitution the act will than be
passed.
4. Territory then becomes a State
Conditions for Admission
 Congress or the president may
impose certain conditions
before admitting new state.
 Supreme Court has ruled this
is Constitutional only when
state is being admitted.
 Once Admitted to the Union
every state is EQUAL
Judicial Branches Role
 Settles any conflicts between
National and State
Governments.
 National government is supreme
ruler of this land
 Supreme Court umpires for our
federal system.
 Example: McCulloch v.
Maryland