Elements of the Constitution
Federalism: Constitutional
division of power between the
national gov’t and state gov’ts.
Both get powers from Constitution
Reasons (Cont’d)

More likely to check tyranny: national gov’t
has power: states have power (Check; 10
Amendment)
 Frees national gov’t to focus on national
issues (Foreign Diplomacy, Defense, Trade,
etc.)
 Frees state from excessive intrusion
 Encourages experimentation (legalized
gambling; medicinal marijuana; recreational
marijuana; health care requirement)
Reasons (Cont’d)
 Popular
Sovereignty: Direct Election
Keeps gov’t closer to the people;
multiple points of access for ordinary
citizens
National Powers
Expressed
(enumerated)
 Collect Taxes,
Regulate Commerce,
Coin Money, Raise
Army, Declare War,
Borrow Money
Implied (not stated;
“elastic clause” )
 Levy Income taxes
 Establish Federal
Agencies (FBI, IRS,
Federal Reserve)
 Establish National
Bank (McCulloch v.
Maryland, 1819)
National Powers (Cont’d)

Congress: “To
make laws that are
‘necessary
and proper’ for
carrying into
execution the
foregoing powers”
 (Art I, Sec. 8)
•
Inherent: not stated
explicitly, but held
by the national gov’t
by virtue of it being
national gov’t
(protecting borders,
regulating
immigration)
State Powers: reserved
 10th
Amend: states any powers not
granted to the nat’l gov’t are reserved
for the states
 Examples: establish voting
requirements, running elections,
licensing professionals, protecting
community health, establish a vehicle
code
Concurrent Powers



Granted Congress, but
not denied by
Constitution to states
(given to both)
Examples: taxing,
borrowing, establishing
court system, law
enforcement
Questions of fed./state
authority are decided by
courts
National Supremacy (Art. VI)
National Gov’t supreme in cases
of Conflict
Obligations to the state
 Guarantee
each state a republican form
of gov’t
 Protect each state against invasion or
domestic violence
Obligations of state gov’ts

Full Faith and Credit Clause:
Each state must honor public
acts, records, legal
proceedings of other states
(birth certificates, marriages,
and debts)
 Mass Supreme Court
legalized gay
marriage(2004)
 However, in 1990’s
Congress passed
Defense of Marriage Act,
which allowed each state
to define marriage as
union of man/woman
Obligations (cont’d)
 Privileges
and Immunities Clause
 States
can’t discriminate against other
citizens
 Extradition:
Governors must return
suspects to states where crimes were
committed
 Interstate Compacts require consent of
Congress
The Supreme Court
 Where
does the Court get its power?
the principle of “judicial review”
 Established in Marbury v. Madison (1803)
 From
Clause (Art VI) – Court
established the power of Constitution in
McCulloch v. Maryland (1819)
 Supremacy
5 Sources of Information (to
decide cases
 1.
Text/Wording of Constitution
 2. Original Intent: What were they trying
to achieve
 3. Court precedent: Previous Rulings
 4. Impact on Society
 5. Basic Moral/Ethical Values