- Slides: 13
National and State Powers
National Powers • Constitution grants the national government delegated powers. • Three types of powers the national government has: – Expressed Powers – Implied Powers – Inherent Powers
Expressed Powers • Are directly expressed powers stated in the Constitution. • Other name for powers: Enumerated Powers • Example: the authority to levy and collect taxes, coin money, make war, raise an army and navy, and to regulate commerce among states.
Implied Powers • National government requires these to carry out the expressed powers defined in the Constitution. • Not specifically listed in Constitution. • Importance: Helped National Government strengthen and expand its authority to meet many problems the Founders couldn’t foresee. • Necessary and proper clause: Basis for Implied powers • Also known as the Elastic Clause
Inherent Powers • Powers that the National Government may exercise simply because it is a government. • Powers not spelled out in the Constitution. • Examples: – Control of immigration – Diplomatic relations
States Powers • Constitution reserves powers just for states called Reserved Powers – 10 th amendment grants states these powers. • States have rights to exercise any power not delegated to national government. – Ex: Public school system, establish local governments, require licenses for professions.
When States Exceed Powers • Constitution is supreme law of the land • Supremacy Clause • No state law or state constitution may conflict with any form of national law. • National and State officials and judges are bound by the Constitution.
National and State Powers • Concurrent Powers: Both the State and National Governments have them • Examples: Powers to tax, maintain courts and define crimes, appropriate private property for public use. • States may exercise any power not reserved by the Constitution but their actions must not conflict with any national laws.
Denied Powers • Constitution specifically denies some powers to ALL LEVELS of government • National denied powers: can’t tax exports, can’t interfere with ability of states to carry out their responsibilities • States denied powers: Can’t make treaties/ alliances with foreign government, coin money, make any laws impairing the obligation of contracts, or grant titles of nobility • These powers are around to keep sovereignty of the people
Guarantees to the States • Constitution makes the National Government do three things for States. 1. Republican form of Government • Congress allows senators/ representatives from a state take their seats in Congress 2. Protection • National government must protect from invasion and domestic violence 3. Territorial Integrity • National government can’t use territory that is already apart of an existing state without permission from legislature
Process of Admission of New States • Congress has power to admit new states through the Enabling Act 1. Signed by the president, territory starts to prepare a constitution. 2. That Constitution must be approved by popular vote then it is sent to Congress. 3. If Congress agrees on constitution the act will than be passed. 4. Territory then becomes a State
Conditions for Admission • Congress or the president may impose certain conditions before admitting new state. • Supreme Court has ruled this is Constitutional only when state is being admitted. • Once Admitted to the
Judicial Branches Role • Settles any conflicts between National and State Governments. • National government is supreme ruler of this land • Supreme Court umpires for our federal system. • Example: Mc. Culloch v. Maryland