Constitution
Lesson 1B
Reserved Powers
- powers reserved
d ffor the
h states in
i the
h Federal
F d l System
S
A. Powers NOT given to the National Govt.
1. They are not denied to the states.
- make marriage laws
- make liquor laws
- health care p
provider licenses
- set up public schools
2. Can do these things if the const. does not forbid them.
3. Nat. govt. can
can’tt do them. The Const. doesn
doesn’tt specifically
give them the power.
- reserved for the states
B Powers Denied to the States – Const.
B.
Const denies pwr to states also
also.
1. Says in const. in writing
– no treaties, no coining money, no denying life,
y, or pproperty.
p y
liberty,
2. Federal System
-- cannot tax the Fed. govt.
3. By state constitutions
-- also denies the states many powers
Local Govt.
- state govts. are like a Nat. govt. for smaller regions.
- counties,
counties cities,
cities etc.
etc
A. Over 80,000 units of local govt. in the U.S.
1. subunits of various states
2 cannot exist
2.
i without
ih
the
h state
3. states created these units in their own constitutions
- gave them power to tax, regulate, etc.
4 when
4.
h local
l l govts.
t exercise
i these
th
pwrs, they
th are actually
t ll
exercising state pwrs.
Powers
A. Exclusive Powers Æ only used by the National Govt.
- treaties, coining money, etc.
- some just wouldn’t work – not specifically mentioned
- interstate commerce Æ too many differing regulations.
B. Concurrent Powers -- pwrs of both the National & State
1. collect
1
ll taxes, define
d fi crime/punishment,
i /
ih
property, etc.
2. exercised separately by both groups
3. pwr is not granted only to Nat. & not denied to the states.
Supreme Law of the Land
A. Ladder of Laws
Constitution is the TOP
- Acts (laws) of Congress
- State Const. (below all Nat. law)
- State Laws
- Local Laws (bottom)
- Supremacy Clause – Const. is top and so on – keeps the
system working.
B. Supreme Court
- umpire of the Fed. System
- applies the Supremacy Clause to conflicts in Federalism!
EX. McCullah vs. Maryland
- 2nd Bank of U.S.
U S – set up by congress in 1816
- Maryland began taxing all loans in the Baltimore
branch of the bank.
- James McCullah
ll h (bank
(b k pres.)) refusedd to pay the
h tax.
- case went to the supreme court.
- Chief Justice John Marshall said McCullah
was not guilty!
- Const. says states cannot tax the Nat. Govt.