Federalism Division of Power

Federalism
Our government is split between one large national government and 50 smaller state governments.

Delegated Powers
Constitution specifically grants these powers Three types: expressed, implied, inherent

A. Expressed Powers
Written in the Constitution ExampleCongress coins money, power to collect taxes, power to declare war

B. Implied Powers
Not expressly stated, but reasonably implied (Necessary and Proper/Elastic Clause)

Elastic clauselaws that are necessary and proper for carrying out their duties allows Congress to stretch their powers ExampleCongress has the power to collect taxes (expressed) therefore they have the power to create the IRS and punish tax evaders (implied) See chart on page 308

C. Inherent Powers
Exist just because the national government is a government of a sovereign state Examples-power to regulate immigration, power to acquire territory

Exclusive Powers
Powers set aside specifically for the Federal/National government Examples: Declare war, coin money

Reserved Powers
Powers held only by the states Examplestates may decide how old a person must be to get married, states can require certain professions have licenses, establish public schools

Concurrent Powers
Powers shared by the national government and state governments Examplecollecting taxes, power to define crimes and punish them, take private property for public use

Supremacy Clause
If there is a conflict between the state constitution and the national constitution, the state constitution must give way. Determined in McCulloch v. Maryland

4 Benefits of Federalism
Federalism protects against tyranny of the majority Federalism promotes unity without imposing uniformitystates can pass laws to meet the needs of their own citizens while remaining part of the union

Benefits of Federalism cont.

Federalism creates laboratories for policy experimentsif one state tries something and it works, others states may follow suit Federalism encourages political participationcitizens can participate close to home, dont have to go to nations capital

Dual Federalism v. Cooperative Federalism

Dual Federalism-layer cake Cooperative federalism-marble cake See page 106 in Government Alive