Federalism

1
I.
II.
III.
IV.
V.
VI.
VII.
2
Federalism

• The division of power into 3 levels of
  government
• national, state local

3
Delegated (enumerated) Powers

• Powers specifically granted to the national
  government
• Examples
• Coin money
• Raise an army
• Declare war

4
Reserved Powers

• Powers left to the state governments (Amendment
  10)
• Examples
• Education
• Hunting fishing licenses/seasons
• Marriage and divorce laws
• Death penalty, gambling

5
Concurrent Powers

• Powers that are shared by the national state
  governments
• Examples
• To tax
• To build maintain roads
• To operate court systems

6
Denied Powers

• The Constitution specifically denies or prohibits
  the National government the following
• No titles of nobility
• No ex post facto laws
• Cant back date a law to make an act a crime if
  it wasnt a crime at the time committed
• No bill of attainder
• Cant pass a law to deny a person the right to
  trial by jury

7

• The following are powers denied to the state
  governments
• States cant coin money
• States cant tax goods from another state
• States cant declare war

8
Implied Powers

• The national government is given powers in the
  ELASTIC CLAUSE of the Constitution (Article I
  Sec. 8 Clause 18)
• These powers allow Congress to make laws that are
  necessary and proper to carry out the delegated
  powers

9
Examples of the Use of the Elastic Clause

• Congress has the power to raise an army

• Sometimes it may be necessary and proper for
  Congress to create a military draft to raise
  individuals for an army

10
Uses of Elastic Clause

• Congress has the power to regulate interstate
  commerce

• It may be necessary and proper that Congress
  regulates the form of transportation that moves
  goods from state to state (i.e. railroads,
  trucking companies, airlines)

11
Uses of the Elastic Clause

• Congress can tax to raise money, borrow money,
  coin money

• It may be necessary and proper to create a Bank
  of the United States to manage that money