National and State Powers The Division of Powers

National and State Powers

The Division of Powers n n n Federalism: system in which the national government shares power with state/local governments. State governments have the authority to make final decisions over many governmental actions. The most persistent source of political conflict is between national and state governments.

Lines of Power in Systems of Government Copyright © 2011 Cengage

Lines of Power in Systems of Government

Lines of Power in Systems of Government

The Delegated Powers • Expressed/Enumerated powers: directly stated in the Constitution – Levy taxes, coin money, declare war, raise an army and navy, regulate interstate commerce. • Implied powers: derived from the Necessary and Proper (elastic) clause; powers required to carry out the expressed powers. – National Banking System, Military Draft, Health Care, education, transportation • Inherent powers: powers exercised simply because it is a government. – Immigration and citizenship, Diplomacy

The States and the Nation • Reserved powers: (10 th Amendment) belong strictly to the states, any power not delegated to the national government, reserved to the people, or denied them by the Constitution. – Plenary Power? • Complete power over a particular area (Federalist 45) – Police Powers: Heath, morals, safety, welfare – Establish local governments, law, licensure, education, taxes • Concurrent powers: shared powers exercised independently. – Legal code, tax, set up courts, eminent domain • Denied Powers: forbidden to both national and state governments. – – – FED: tax exports, interfere with state responsibilities STATE: treaties/alliances, coining money, titles of nobility BOTH: take civil liberties (Habeas Corpus, ex post facto, Bill of Rights)

Obligations of the States • • • Conduct and finance national elections* Ratify Amendments Respect National Supremacy**

Federalism: Good or Bad?