Term/Concept
Federalism
Strengths of Federalism
(Federal) Delegated Powers
Definition
Example(s)/Explanation
A system of government in which political authority
is divided between a national (or federal)
government and its political subdivisions (such as
States). Each has its own powers, with some being
shared by both and some being denied by both
American system of government, which is made up of
the National Government and the governments of the
50 States
Allows local action in matters of local concern and
national action in matters of wider concern, which
allows for differing circumstances among the states
States located in earthquake zones may need to enact
laws regarding earthquake-resistant building codes,
while States located along the coasts may need to
enact policies related to flooding, fisheries, or
maritime commerce.
--------------------------------------------------------------------Welfare Reform Act passed by Congress in 1996,
which was first suggested by welfare administrators
in Wisconsin, California, and Michigan
-------------------------------------------------------------------Allows for experimentation and innovation in
solving public policy problems, which may originate
in 1 State and then be adopted in another or even be
put in place at the national level
-------------------------------------------------------------------Provides for the strength that comes from union
The (National) Government has only those powers
delegated (granted) to it in the Constitution
Also called “enumerated powers;” Powers expressly
delegated, or spelled out, to the National
Government in the Constitution
Expressed Powers
--------------------------------------------------------------------National defense, foreign affairs, and domestic affairs
***
Article I, Section 8 - Expressly gives 27 powers to
Congress (as listed within the 18 separate clauses),
such as power to lay and collect taxes, coin money,
regulate foreign and interstate commerce, raise and
maintain armed forces, declare war, fix standards of
weights and measures, grant patents and copyrights,
etc.,.
Article II, Section 2 – Gives powers to the President,
including the power to act as commander-in-chief of
the armed forces, grant reprieves and pardons, make
treaties, appoint major federal officials
Article III – Grants judicial power
16th Amendment – Gives Congress the power to levy
an income tax
Powers that are not expressly stated in the
Constitution, but are reasonably suggested (implied)
by the expressed powers
Because it has the expressed power to regulate
interstate commerce, it is implied that Congress also
has the power to regulate labor-management
relations; build hydroelectric power dams; build the
interstate highway system; make federal crimes of
moving stolen goods, gambling devices, and
kidnapped persons across State lines; and the power
to prohibit racial discrimination
Implied Powers
Inherent Powers
Powers that belong to the National Government
because it is the national government of a sovereign
state in the world community. In other words, these
powers exist because the US exists
Power to regulate immigration; deport aliens;
acquire territory; grant diplomatic recognition to
other states; and protect the nation against rebellion
or other attempts to overthrow the government by
force or violence
Powers denied to the National Government by the
Constitution in order to keep federalism intact
Expressed Powers – Denied the powers to levy duties
on exports; take private property for public use
without compensation; prohibit freedom of religion,
speech, press, or assembly; conduct illegal searches
or seizures; and deny any person accused of a crime a
speedy and public trial or a trial by jury
Powers Denied the Federal
Government
Other denied powers – Create a public school system
for the nation; enact uniform marriage and divorce
laws; set up units of local government; take any
action that would threaten the existence of that
system
Powers that the Constitution does not grant to the
National Government and does not, at the same time,
deny to the States
(State) Reserved Powers
Article I, Section 8, Clause 18 – Gives Congress the
“necessary and proper power.”
Forbid anyone under 18 to marry without parental
consent; ban the sale of pornography; outlaw
prostitution; permit some forms of gambling; require
that certain professions be licensed in order to
practice in the State; confiscate autos/property used
in connection with illicit activities; establish public
schools; enact land use laws; regulate the services
and restrict the profits of public utilities; conduct
elections; protect and promote the public health,
morals, safety, and general welfare
21st Amendment – Allows States to regulate the
manufacture, sale, and consumption of alcohol
Powers that cannot be exercised by the States
States cannot: coin money; make treaties with foreign
states; lay taxes on imports; regulate interstate
commerce
Powers that can only be exercised by the National
Government
Power to levy and collect taxes; define crimes and set
punishments for them; condemn (take) private
property for public use
Powers that both the National Government and the
States possess and exercise separately and make it
possible for a federal system of government to
function
Both can levy and collect taxes; define crimes and set
punishments for them; and condemn (take) private
property for public use; establish courts; borrow
money; conduct elections; make and enforce laws
When conflicts arise between national and state law,
the Constitution ranks above all other forms of law in
the US because it is “the supreme Law of the Land”
McCulloch vs. Maryland Case
A Case that involved the Second Bank of the US. The
bank had been chartered by Congress in 1816. In
1818, the Maryland legislature, hoping to cripple the
bank, placed a tax on all notes issued by its Baltimore
branch, and the Maryland courts convicted James
McCulloch (the branch cashier) for refusing to pay
the tax. However, the Supreme Court reversed the
Maryland courts.
***
Powers Denied the States
Exclusive Powers
(Shared) Concurrent Powers
Supremacy Clause
McCulloch vs. Maryland