Download PROVISION

Federal
Denied Powers
THE CONSTITUTION AND FEDERALISM
LOCATION
DEFINITION
EXAMPLES
Powers of the national government that
Lay and collect taxes
are specifically addressed in the
Provide for the national defense and make
Article 1
Constitution.
regulations for military
sec 8
Declare war, establish post offices, issue copyrights
clause 1-17
and patents
Also called the elastic clause. The
A lot of time determined by judiciary.
central
government
may
make
all
laws
Expands the powers of the national government.
Article 1,
which are necessary and proper for
McCulloch v. Maryland
sec. 8
carrying into execution the enumerated
clause 18
powers.
Powers in the Constitution that are
Tax articles exported from one state to another
specifically denied to the national or
Violate the Bill of Rights
Article 1
central
government.
Change state boundaries
sec. 8-9
State
Denied Powers
Article 1
Sec. 10
PROVISION
Enumerated Powers
Implied Powers
(Necessary and Proper
Clause)
Commerce Power
Article 1
sec. 8
clause 3
Congress has power to regulate
interstate and international commerce.
Article IV
Sec. 1-2
Shared powers between the national
government and state governments.
Combo of reserved powers and
enumerated powers.
FFC – requires each state to recognize
the official documents and civil
judgments rendered by the state courts.
Article VI
Makes the Constitution, national laws,
government is acting within its
Concurrent Powers
Full Faith and Credit
Privileges and Immunities
Powers in the Constitution that are
specifically denied to the states.
Enter into treaties, alliances or confederations
Tax imports or exports, coin money, impair
obligations of contracts.
Interstate commerce – trade between the states
Expanded then diminished national government
power depending on Supreme Court Definition of
Interstate commerce.
Right to tax, borrow money, establish courts, and
make and enforce laws, charter banks and
corporations, take private property for public
purposes. (Eminent Domain)
PP&I – states are prohibited from unreasonably
discriminating against residents of other states. Can
travel through other states, buy, and hold property,
enter into contracts.
and treaties supreme over state laws when the
constitutional limits.
Supremacy Power
th
10 Amend.
Reserved Powers
“The powers not delegated to the US by
the Constitution, nor prohibited by it to
the states, are reserved to the states.”
Establish local governments
Regulate intra state commerce
Conduct elections
Take measures for public health, safety, and morals
THE CONSTITUTION AND FEDERALISM
All powers not granted in the Constitution to the national government are reserved for the states. States, however, may hold some of the same
powers that the national government has, unless they have been given exclusively to the national government, either by provision of the Constitution
or by judicial interpretation. Concurrent powers are those that both national and state governments hold. Examples are the concurrent powers of
levying taxes and establishing and maintaining separate court systems. Even so, federalism limits state powers in that states cannot "unduly burden"
their citizens with taxes. Neither can they interfere with a function of the national government, nor abridge the terms of a treaty of the United States
government.