American Federalism Constitutional Structure of American Federalism Constitutional
- Slides: 8
American Federalism
Constitutional Structure of American Federalism • Constitutional Framework
Key Terms • • • Delegated or Expressed Powers Implied Powers Necessary and Proper Clause Inherent Powers Reserved Powers Concurrent Powers
National Government Supreme • • Supremacy Clause Commerce Clause War Power Clause Power to tax and spend
National Government Supreme • Supremacy Clause • • • Article VI of the Constitution Commerce Clause War Power Clause Power to tax and spend This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
National Government Supreme • Supremacy Clause • Commerce Clause • • Article I, Section 8, Clause 1 War Power Clause Power to tax and spend Gibbons v. Ogden, 1824 • upheld national supremacy • “commerce” = “intercourse between the states” The Congress shall have power to …. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
National Government Supreme • • Supremacy Clause Commerce Clause • War Power Clause • Article I, Section 8, Clause 1 “The power to wage war is the power to wage war successfully. ” -Charles Evans Hugh, 1930 Power to tax and spend The Congress shall have power to …. To declare war… To raise and support armies … To provide and maintain a navy; To make rules for the government and regulation of the land naval forces; To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions; To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
National Government Supreme • • • Supremacy Clause Commerce Clause War Power Clause Article I, Section 8, Clause 1 • Power to tax and spend The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States;
