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Federalism
Definition
• Federalism – The division of
powers among the local, state and
national governments.
Federal Powers Derived from the
Constitution
• Delegated Powers – Powers the
Constitution delegates to the national
government through expressed, implied
and inherent powers.
Expressed Powers
• Powers directly expressed or stated in the
Constitution
• Found in Articles 1, 2, and 3 of the US
Constitution
Implied Powers
• The powers the federal government needs
in order to carry out its expressed powers.
• Example: The power to incorporate a
military draft is not expressed in the
Constitution, but is necessary to
maintain a standing army which is an
expressed power.
The Elastic Clause
• Article 1, Section 8, Clause 18 is the elastic
clause or necessary and proper clause.
This gives Congress the power to do all
things necessary and proper to carry out
its expressed powers. This is the basis for
implied powers.
Inherent Powers
• The powers that the national government
carries out simply because they are
inherent or traditionally part of
governmental duties.
• Example: Regulate immigration
State Powers Derived from the
Constitution
• States obtain their power from the Tenth
Amendment to the Constitution.
• “The powers not delegated to the United
States by the Constitution, nor prohibited
by it to the States, are reserved to the
States respectively, or to the people.” 10th
Amendment
The Supremacy Clause
• When states pass laws that conflict with
the powers of the national government,
national law is supreme.
• Article 6, Section 2.
Concurrent Powers
• Powers that the national government and
the states both have.
• The power to tax, to maintain courts,
etc…