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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.