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Chapter 4
Federalism
Why Federalism??
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Strong – yet provide and preserve
strength to States
Federalism defined:
Division of power between National Government
and State governments
 2 levels of government
 Lets states handle local matters, but gives strength
that comes from a Union (national defense,
resources (hurricane))
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Delegated Powers
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U.S. govt. is a govt. of delegated powers:
(powers granted by the Constitution)
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3 types:
Expressed
 Implied
 Inherent
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Expressed Powers
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Enumerated, written, spelled out explicitly
in Constitution
AKA enumerated powers
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Examples:
Article 1, Section 8, Clause 1-17 – gives 27 powers
to Congress (p. 763-765)
 Article 2, Section 2 (President)
 Various Amendments (16th – gives Congress power
to levy income tax)
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The Implied Powers
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Not expressly stated in Constitution
Reasonably suggested
Necessary and Proper Clause = Elastic Clause
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(it has been stretched to cover so many implied
powers)
Article 1, Section 8, Clause 18
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(p. 765, p. 90)
To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers and all other
Powers vested by this Constitution in the Government of the
United States, or in any Department of Officer thereof.
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Examples – pg. 90
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What does it mean if I “imply” something?
The Inherent Powers
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Framers intended national government to hold
these powers
Powers inherent to all world governments:
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Immigration, deport aliens
Acquiring of Territory
Protect nation
(These powers exist because the U.S. exists. – Not necessary to go to great
lengths to find these powers in the Constitution)
Differences between expressed,
implied and inherent
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Expressed—Take a LOOK at the
Constitution, it’s there!
Implied—THINK about the Constitution,
it’s necessary and proper
Inherent—CONSIDER what the
Constitution was trying to establish, it’s
essential
Powers Denied to the National
Government
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Powers to Levy duties on exports
Powers to prohibit freedom of religion,
speech, or assembly
Conduct illegal searches or seizures
Deny speedy and public trials
Create public school system
Marriage and divorce laws
Congress cannot tax any States or local units of
government
Powers Reserved to the States
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Reserved powers: Powers not granted to
National Government, yet not denied to
the States.
10th Amendment
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(p. 773)
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.
Powers Denied to the States
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No State can enter into any treaty,
alliance, or confederation.
No State can print or coin money
No State can deprive any person of life,
liberty, or property without due process of
law
No State can tax any of the agencies or
functions of the National Government
No State can violate its own State Constitution
The Exclusive, Reserved, and
Concurrent Powers
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Exclusive (national)
Reserved (States)
Concurrent (both)
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Chart on Page 93
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The Federal System and Local
Governments
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We have thousands of local governments yet ultimately two forms – States
and National
The Supreme Law of the Land
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The Constitution, laws, and treaties are
the supreme law of the land. Constitution
stands above all other forms of law.
Supremacy Clause
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“Linchpin of the Constitution” It joins the
National Government and the States into a
single government unit
Chapter 4 Terms for the Test
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8.
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10.
federalism – the division of power between a central government and a state/local government
division of powers – The Constitution assigns certain powers to the National Government and
certain powers to State Governments. (the idea of federalism)
delegated powers – Powers granted to the National Government by the Constitution (three
types: expressed, implied, inherent)
expressed powers – delegated powers of the National Government that are specifically spelled
out in the Constitution (aka the Enumerated Powers)
implied powers – delegated powers of the National Government that are reasonably suggested
(implied); those powers that are “necessary and proper” (Article I, Section 8, Clause 18)
inherent powers – delegated powers that the National Government is presumed to have
because it is the national government in a sovereign state. (these powers exist because the
U.S. exists)
reserved powers – those powers that the Constitution does not grant to the National
Government but does not deny to the States. (10th Amendment) (establish public schools,
regulate alcoholic beverages, etc.)
exclusive powers – powers that can be exercised by the National Government alone. (coin
money, declare war, conduct foreign relations, etc)
concurrent powers – powers that both the National Government and States possesses and
exercise (taxes, define crimes, set punishments, claim private property for public use, etc)
supremacy clause – the U.S. Constitution stands above all other forms of law in the United
States.