Federalism: the Division of Power 4.1
Why Federalism? :

Federalism was a way to have a more powerful central government, yet also a way to maintain
the strength of the states.

Federalism Defined:

Federalism-

Divisions of Power- The Constitution assigns certain powers to the National Government and
assigns certain powers to the State Government.
Powers of the National Government:

The National Government is a government of delegated powers.

-Delegated powers-

3 distinct types of delegated powers:
1.
2.
3.
3 Types of Delegated Powers:

1. Expressed Powers (enumerated)ex:

2. Implied Powers- Powers not spelled out in the constitution, but are implied by the expressed
powers.
-Art I, section 8:
-(ex:) Building a interstate highway

3. Inherent Powers-
- ex:
Powers Denied to the National Government:
3 ways:

Expressly-

Silence of the Constitution-This occurs when the constitution says nothing about giving the
powers to the National Government. (Marriage Laws, Divorce Laws)

Federal System Itself- National Government can’t take action that would go against the Federal
System. (Congress can’t tax states or local units in the carrying out of their governmental
functions.)
The States:

Reserved Powers -Public Schools
-Age 21 to buy liquor
-Drivers license age.

Powers Denied to the States:

Just as the constitution denies powers to the National Government, it also denies certain
powers to the states.

Some powers are denied inherently- Federal system does not allow state or local government to
tax agencies or functions of the National Government.

Expressly-
Exclusive Powers:

Exclusive PowersNational Government
-
Reserved Powers:
Reserved PowersState Government
-license requirements for professionals
ex:
-regulate alcoholic beverages
Concurrent Powers:

Concurrent Powers- Those powers that both the National and State Government can do.
-Define crimes and set punishments
-Claim private property for public use.