Federalism
Federalism Defined
• System of gov’t where a constitution divides power
between a central/national gov’t and province/states
• Each has its own laws, agencies and officials
• Each operates over the same people, same territory
at the same time
• Its strength is that it allows local action in matters of
local concern
Expressed Powers
• Powers given to the national government written out
in the constitution
• 27 specific powers given to Congress:
– Collect taxes, coin money, regulate foreign trade, declare
war, etc.
• Several powers to the president:
– Commander in chief, make treaties, appoint major officials
Implied Powers
• Powers not states in the Constitution, but suggested
(implied) by the expressed powers.
• Article I, Sect. 8, Clause 18 gives Congress power to “make
all laws which shall be necessary and proper……”)
– Sometimes called the “elastic clause”
– Thousands of examples of implied powers
– Regulating labor, building interstates, prohibiting discrimination
Inherent Powers
• Powers not stated in the Constitution, but exist
because national gov’ts usually have them…tradition
• There are very few:
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Regulate immigration
Deport aliens
Acquire territory
Protect against rebellions
Denied Powers
• Constitution denies the national gov’t several
powers:
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Cannot tax exports
Cannot prohibit freedom of speech, religion, etc.
Cannot deny speedy and public trials
Cannot create public school system
Cannot tax states (it would have the power to destroy
them)
State Powers
• Reserved powers (10th
Amendment)
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Marriage laws
Alcohol laws
Gambling laws
License for certain
professions (lawyer,
plumber)
– Establish public schools
– Police powers
• Denied state powers:
– No state can have alliance with another nation
– Cannot coin money
– Cannot tax any agencies of the national government
Exclusive & Concurrent Powers
• Exclusive Powers - powers that are for the national
gov’t alone
– Regulate interstate trade
– Make treaties with foreign nations
• Concurrent Powers – powers that both national and
state gov’ts possess
– Collect taxes
– Define crimes & punishments
Local Governments
• Technically there are only 2 levels of government:
national and state
• But…..we have county/city gov’ts also
– More than 87,000 of them
• However….. Local gov’ts exist only because their
state allows them to
– Each state has a unitary form of gov’t.
Supreme Law of the Land
• “Supremacy Clause” of the Constitution says that the
Constitution, laws, treaties made by the national
gov’t are supreme over state laws
• Supreme Court often settles these conflicts
– 1819 – McCulloch v. Maryland
• Supreme Court said that states do not have the right to tax a
national bank.